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NOTICE,

Joint Resolution, passed by the Legislature of New-Hampshire.

Resolved by the Senate and House of Representatives, in General Court convened,
That his Excellency the Governor be hereby authorized 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 treasury not
otherwise appropriated, to collect, arrange, transcribe and superintend the
publication of such portions of the early State and Provincial Records, and
other State Papers of New-Hampshire, as the Governor may deem proper;
and that eight hundred copies of each volume of the same be printed by the
State Printer and distributed as follows : namely, one copy to each City and
Town in this State, one copy to such of the Public Libraries of this State as
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 hereby authorized to exchange the same for similar publications issued
by other States.

Approved July 6, 1866.

^tovincial ^apcvs.

DOCUMENTS AND RECORDS

iim.ATiNO ro irfE

PROVINCE OF NEW-HAMPSHIIIE,

FROM 1680 TO 1722:

BEING PART T. OF PAPERS RELATING TO THAT PERIOD.

PrnUSnED BY AVTUOniTY OF THE LEfUSLATURE OF NEW- HAMPSmRE.

VOLUME II.

COMriI.ED AND KDITKD BY

NATHANIEL BOUTON, 1). D.,

Corres])oni1liig Secretary of the Ncw-{I.ini))sliire Historical Society.

MANCHESTER:

J ( ) TI X li . C T. A E K E, STATE P E I N T E K .

1868.

TABLES

Shoioing the Chief Magistrates of JSTew nam20shire during the
periods embraced in the First and Second volumes of this Pro-
vincial History; or {1st) from 1641 to 16^6; and (2d) from
1686 to 1722. Also, the reigning Kings of England during the
same j^eriods.

TABLE I.-

-VOLUME L

A. D.

Kings of England.

Grovernors of Massaclmsetts and New
Hampshire.

lf)41

Charles I.

Richard Bellin^ham.

\e,4-2

John Winthrop.

1C44

John Endecott.

1G45

Thomas Dudley.

1C)46

John Winthrop.

1649

The Commonwealth. '

John Endecott.

1650

Tho.?ias Dudley.

1651

John Endecott.

1654

Richard Bellino:ham.

1655

John Endecott.

1660

Charles II

1665

Richard Bellinsham.

1673

John Leyerett.

1679

Simon Bradstreet.

T A B L E II

Kings of England.

Chief Magistrates of New Hampshire.

1680

Charles II.

John Cntt.

1681

Richard Waldron.

1682

Edward Cranfield.

1685

James II.

Walter Barefoote.

1686

Joseph Dudley (1).

1687

Edmund Andros (1).

1689

William III.

Simon Bradstreet (1).

1692

John Usher.

1697

William Partridge.

1698

Samuel Allen.

1699

Earl of Bellomont ( 1 ) .

1702

Queen Anne.

Joseph Dudley (1).

1714

George I.

" "

1716

Samuel Shute (1).

(t) Also Governors of Massaclmsetts.

EDITOR'S PREFACE.

In the preparation of this volume, the Editor has adhered to the
rules adopted iu the first, viz. : In copying- and preparing matter
for tlie Press, he has aimed to preserve the exact language of
the original or copy before him ; particularly in writing proper
names. In no case has the construction or grammar of a sentence
been changed or a word altered. In copying strictly original
papers, not only has the orthography, but the capitals and ab-
breviations, been followed. The punctuation, which iu most
cases was entirely wanting, the Editor has supplied.

This second volume extends over a longer period than was at
first contemplated. The reason is, that by this arrangement the
unity of the Council Minutes and Eecords, from 1692 to 1722, is
preserved; after which period there is a chasm in the Council
Kecords, till 1742. Incorporated with the Records in this volume,
will be found numerous Papers, Letters and Documents which
relate to correspondent matters within the same period, and
which serve to throw much light on the Records.

The third volume will cover a large portion of the same period
with the second, and will contain " The Journal of the Council
and Assembly,''^ together with such official Papers and Documents
as relate to the transactions of that body; also, the Pkovince
Laws passed between 1696 and 1716.

The Editor gratefully acknowledges his obligations to His Ex-
cellency Governor Walter IIauriman, for the courtesy, counsel
and encouragement given him iu the prosecution of his labors ;
and also, to the Secretary of State and his Deputy, and to the
State Librarian, for free access to Documents and Books, in their
respective departments.

Concord, November, 1868.

GENERAL CONTENTS.

VOLUME II.

PAGES.

Commission and Administi-ation of Sir Edmund Andres, 1- 29

Unsettled state of the Province— 1689-1692, . . 29- 46
Wars with the Indians— 1687-1690, . . . .46-56

Commission and Instructions to Gov. Samuel Allen, . 57- 69
Administration of Lieut. Gov. John Usher — 1692-1696,

*' Minutes of Council," &c., in same period, . . 70-202

Custom-house in the Province, 77- 84

Great Island — Petition for a Township, . . 94- 98

Charter of Town of New Castle, .... 107-108

Indian Treaty— 1693, 110-112

Massaci-e at Oyster Kiver, 125-129

Grant of the Town of Kingston, .... 131-132

Kecords of Council— 1696-1723 203-514

Association to stand by the Protestant Succession, 258-259

Connnission of Lt. Gov. Win. Partridge, . . 250-260

Gov. Samuel Allen assumes the Government, . 276

Submission of the Eastern Indians— 1698, . . 299-300

Commission of the Earl of Bellomont, . . . 305-812

Form of Oath, 312-313

Lt. Gov. Wm. Partridge, 313

Treaty with Algiers, ...... 334

Bellomont Papers (N. Y. Documents), . . 343-358

Commission of Gov. Joseph Dudley — 1702, . . 366-375

Commission of Lt. Gov. John Usher— 1703, . . 406-407

Province Seal, 409

Trial, before the Superior Court of Judicature, Allen

vs. Waldron, 1707, 514-562

VI GENERAL CONTENTg.

PAGES.

Records of Council — resumed, 563-748

Privateering-, 578

Instructions to Gov. Dudley, 580

Notice of Joseph Smith, Esq., of Hampton, . 587

Ordnance, Powder, shot, &c., for New Hampshire, 599

New Province Seal, 610

Failure of the expedition against Canada — 1711, . 629-631

Scout of Capt. Thomas Baker— 1712, ... 635

Treaty of Utrecht — Proclamation, .... 644-659
Death of Queen Anne ; Accession of George I. —

1714, 662-664

Notice of Charles Story, Esq., .... 670

Gov. Vaughan, Lt. Gov. — 1715, .... 678

Stratham — a township, 691

Gov. Samuel Shute — arrives, 695

Lt. Gov. Vaughan's Complaint and Speech, . 703-704

" " suspended, . . . . 710

John "VYentworth, Esq., Lt. Gov., Commission, . 712

Settlement of Scotch-Irish at Nutfield, . .718, 736, 738

[See General Index at end.]

NEW-HAMPSIIIEE
PROVINCIAL PAPERS

VOLUME II.

Commission of Sir Edmund Andros, as Governor
of the Territory and Dominion of New-England.

[From a Copy in the office of Secretary of State.]

James the Second, by the Grace of God King of England, Scotland,
France and Ireland, Defender of the Faith, &c.,To our trusty
and well-beloved Sir Edmund Andros,* Knight, greeting:

Whereas the government of that part of our Territory and Do-
minion of New-England hereafter mentioned, is now in our
hands, and being minded to give all protection and encouragement
to our good subjects therein, and to provide in the most etlectual
manner for their security and welfare — Wee, therefore, reposing
especiall trust and confidence in the prudence, courage and loyalty

* Sir Edmund Andros was born in London, Dec. 6, 1637. Ilis ancestors were
from Northampshire, of considerable note, and always devoted to royalty. Amice,
the father of Edmund, married Elizabeth Stone, sister of Sir Robert Stone, knight,
cupbearer to the Queen of Bohemia, and captain of a troop of horse in Holland, and
was Master of Ceremonies to King Charles the First attlietimeof his son Edmund's
birth, wlio was brought up from a boy in tlie royal family, and in its exile commenced
his career of arms in Holland, under Henry, Prince of Nassau. After the restoration
of Charles II., having been inviolably faithful to His INIajesty, Edmund was made Gen-
tleman in Orilinary to Elizabeth Stuart, Queen of Bohemia, the King's aunt. Subse-
quently he distinguislied himself in the war waged by Charles II. against the Dutch,
and which ended in 1GG7. He married, in 1G71, Mary, daughter of Su- Thomas Craven ;
and, in 1C72, was commander of the forces in the Barbadoes, and had obtained tlie
reputation of being skilled in American affairs. In 1674, on the death of his father, he
became Seigneur of the Fiefs, and succeeded to the oflice of Bailiff of Guernsey. The
same year he was constituted, by tlie King, Governor-General of the Pruvin-e of New-
York. He arrived iu this country, accompanied by his wife, on the 1st of November,

2 PROVINCE OF NEW-HAMPSHIRE. [1686.

of you, the said Sir Edmund Andros, out of our especial grace,
certain knowledge and mere motion, have thought fit to constitute
and api)oint, and by these presents do constitute and appoint you,
the said Sir Edmund Andros, to be our Captain General and Gov-
ernor-in-chief, in and over all that our Territory and dominion of
Nevr-England in America, comonly called or known by the name
of our Colony of the Massachusetts Bay, our colony of NeAV-Ply-
mouth, and our pi-ovinces of New-Hampsliire and Maine, the Nar-
ragansett Country, otherwise called the King's Province, with all
the islands, rights and members to the said colonies and territo-
ries in any Avise appertaining; and, for your better guidance and
direction. Wee do hereby require and command you to do and
execute all things in due manner that shall belong unto the said
office, and the trust Wee have reposed in you, according to the
several powers, instructions and authorities mentioned in these
presents, or such further powers, instructions and authorities as
you shall herewith receive, or which shall at any time hereafter be
granted or aj)pointed you under our Signet and Sign manual, or
by our order, in our Privy Council, and according to such reason-
able laws and statutes as are now in force, or such others as shall
hereafter be made and established witliin that our teri-itory and
dominion aforesaid; and our will and pleasure is, that you, the
said Sir Edmund Andros, having (after your arrival in New-
England, and j)ublication of these our Letters Patents) , first taken
the oath of allegiance, together with the oath of duly executing
the office of our Captain-General and Governor-iu-chief of our said

1674, and entered on the government on the 10th of that month. In 1677 he returned
to England, and was knighted by Charles the Second in 167S; on the 27th of INIay, the
same year, he sailed again for New- York, in the ship ''Blossom," Richard Martin, of
New-England, master; and resumed the government of New- York. In 16S6. James
II. appointed him Governor, Captain-General, and Vice-Admlral of BlassachusettS'
New-Hampshire, Maine, New-Plymouth, and afterwards of Rhode Island and Con-
necticut, compreheniling the whole of New England, — to which, in 1688, New-York
and New-Jersey were added. On the 22d of January, 1689, his wife died at Boston,
and was buried by torcMight; the corpse having been carried from the Governor's
residence to the South Church in a hearse drawn by six horses, attended by a suitable
Guar<l of Honor. Sir Edmund was eminently unpopular in the administration of his
government, and was deposed by a sudden uprising of the peojde in Boston, on the
18th April, 1689. Notwithstanding, he retained the royal fixvor; in 1692 was appointed
by William III. Governor of Virginia, to which was atljoined that of Maryland. He
founded William and Mary's College, 1692. He encouraged the cultivation of cotton,
sorted and regulated the public papers and records in the Secretary's office, and was
popular in his office till 1698. In 1704, under Queen Anne, he was appointed Gover-
nor of Guernsey. Sir Edmund married three times, but died without issue, in the
parish of St. Anne, Westminster, in February, 1714, in his seventy-sixth year. [N. Y.
Col. MSS., vol. ii., pp. 740-42.]

1686.] COMMISSION OF EDMUND ANDROS. 3

teiTitory and dominion, (whicli our Council there, or any three of
them, arc liereby required, authorized and impowered to give and
administer unto you), you sliall udminislerto cacliof the members
of our Council, as well tlic oadi of alle<riance as the oath for the
due execution of their places and trust. And Wee do hereby give
and grant unto you full power and authority to suspend any mem-
ber of our Council from sitting, voting and assisting therein, as you
shall tind just cause for so doing; and if it shall hereafter at any
time happen, that by the death, departure out of our said teivitory,
or suspension of any of our councillors, or that otherwise there
shall be a vacancy in our said Council, (any five whereof we do
hereby appoint to be a quorum), our will and pleasure is, that you
signify the same unto us by the tirst oppoi'tunity, that Wee may,
under our Signet and Sign manual, constitute and appoint others
in their room. But tliat our aliairs at that distance may not suffer
for want of a due number of councillors, if ever it shall happen
that there arc less than seven of them residing upon the place,
Wee do hereby give and grant unto you full power and authority
to choose as many persons out of the principal inhabitants thereof
as will make up the full number of our Council to be seven, and
no more; which persons, by virtue of such choice, shall be, to all
intents and purposes, our councillors within our said territory,
until they be confii-med by us, or that by nomination of others by
us, under our sign manual and signet, the said Council shall have
seven persons in it.

And Wee do hereby give and grant unto you full power and au-
thority, by and with the advice and consent of our said Council,
or the major part of them, to make, constitute and ordain laws,
statutes and ordinances for the i^ublic peace, welfare and good
government of our said territory and dominion, and of the peo^lle
and inhabitants thereof, and such others as shall resort thereunto,
and for the benefit of us, our heirs and successors, wMch said
laws, statutes and ordinances are to be, as near as conveniently
may be, agreeable to the laws and statutes of this our kingdom of
England.

Prodded, That all such laws, statutes and ordinances, of what
nature or duration soever, be, within three months or sooner, after
the making of the same, transmitted unto us, under our seal of
New-England, for our allowance or disapprobation of them, as also
duplicates thereof by the next conveyance. And Wee do by these
presents give and grant unto you full power and authority, by and
with the advice and consent of our said Council, or the major part
of them, to impose and assess and raise and levy such rates and

4 PROVINCE OF NEW-HAMPSHIRE. [1686.

taxes as you shall find necessary for the support of the government
within our territory and dominion of New-England ; to be collect-
ed and levied, and to be employed for the uses aforesaid, in such
manner as to you and our said Council, or the major part of them,
shall seem most eqnal and reasonable. And for the better sup-
porting the charge of the government of ou.r said territory and
dominion, our will and pleasui'e is, and Wee do by these presents
authorize and require you, the said Sir Edmund Andros, and our
said Council, to continue such taxes and impositions as are now
laid and imposed upon the inhabitants thereof, and to levy and dis-
tribute or cause the same to be levied and distributed to those ends
in the best and most equal manner, ^^util you shall, by and with
the ajdvice and consent of our Council, agree on and settle such
other taxes as shall be suflB.cient for the support of our government
there, which are to be applied to that use and no other.

And our further will and pleasure is, that all public money,
raised, or to be raised or appointed, for the support of tlie gov-
ernment within our said territory and dominion be issued out by
warrant or order from you, by and with the advice and consent of
our Council as aforesaid ; and our will and pleasure is, that you
shall and may keep and use our seal, appointed or to be appointed
by us for said territory and dominion. And Wee do further give
and grant unto you, the said Sir Edmund Andros, full power and
authority from time to time, and at any time hereafter, bj^ your-
self or by any other to be authorized by you in that behalf, to
administer and give the oath of allegiance, now established within
this our realm of England, to all and every such person as you
shall think fit, or shall at any time or times pass unto our said
territory, or shall be resident or abiding there. And Wee do by
these presents ordain, constitute and appoint our Governor and
Council of our said territory and dominion for the time being, to
be a constant and settled Court of Kecord, for the administration
of justice to all our subjects, inhabiting within our said territority
and dominions, in all causes as well civil as ci'iminal, with full
power and authority to hold Pleas in all cases from time to time
as well in Pleas of the Crown, and in all matters relating to the
conservation of the peace and punishment of oftenders, as in civil
causes or actions between party and party, or between us and any
of our subjects there, whether the same do concern the realty and
relate to any rights of freehold and inheritance, or whether the
same do concern the personalty, and relate to matter of debt,
contract, damage, or other personal injury; and also in all mixed
actions which may concern both realty and i)ersonalty; and

1GS6.] COMMISSION OF EDMUND ANDROS. 5

thoreiu, after due and orderly proceeding and deliberate hearing
of both sides, to give judgment and to award execution as -well
in criminal as in civil cases as aforesaid, so always that the forms
of })rocecdings in such cases, and the judgment thereupon to be
given, be as consonant and agreeable to the laws and statutes of
this our realm of England as the present state and condition of
our subjects, inhabiting within our said territory and dominion,
and the circumstances of the place, will admit.

And Wee do further hereby give and grant unto you full power
and authority, with the advice and consent of our said Council,
to erect, constitute and establish such and so many Courts of
Judicature and Public Justice within our said territor)^ and do-
minion, as you and they shall think fit and necessary for the
detei'mining of all causes, as well criminal as civil, according to
law and equity, and for awarding of execution thereupon, with all
reasonable and necessary powei's, authorities, fees, and privileges
belonging unto them, as also to appoint and commissionate lit
persons in the several parts of our said territory to administer the
oath of allegiance unto such as shall be obliged to take the same.

And Wee do hereby grant unto you full power and authority
to constitute and appoint Judges, and, in cases requisite. Com-
missioners of oyer and terminer, Justices of the peace, Sherifis,
and all other necessary otScers and ministers within our said
territory, for the better administration of justice and i)utting the
laws in execution, and to administer such oath and oaths as are
usually given for the due execution and performance of offices and
places, and for the clearing of truth in judicial cases; and our
further will and j)leasure is, and Wee do hereby declare, that all
actings and proceedings at law or equity, heretofore had or done,
or now depending witliin any of the Courts of our said territorj',
and all executions thereupon, be hereby confirmed and continued,
so far forth as not to be avoided for want or defect of any legal
power in the said Courts, but that all and every such judicial act-
ings, proceedings and executions, shall be of the same force, effect
and virtue as if such Courts had acted by a just and legal autlior-
ity. And Wee do further, by these presents, will and require you
to permit appeals to be made in cases of error from our Courts in
our said territory and dominion of ISTew-England, unto our Goa^-
crnor and Council in civil causes. Provided, the value appealed
for do exceed the sum of one hundred pounds sterling; and (hat
security be first duly given by the appeUant to answer such
charges as shall be awarded, in case the first sentence shall be
affirmed.

6 PEOVINCE OP NEW-HAMPSHIRE. [1686.

And whereas, "Wee judge it necessary that all our subjects may-
have liberty to appeal to our royal person, in cases that may re-
quire the same, our will and pleasure is, that if either party shall
not rest satisfied with the judgment or seutence of our Governor
and Council, they may then appeal unto us in our Privy Council :
Provided, the matter in difference exceed the real value and sum
of three hundred pounds sterUng, and that such appeal be made
■within one fortnight after sentence, and that security be likewise
duly given by the appellant to answer such charges as shall be
awarded in case the sentence of the governor and council be con-
firmed; and Provided also that execution be not suspended by
reason of any such api^eals itnto us.

And Wee do hereby give and grant unto you full power where
you shall see cause, and shall judge any oftender or offeuders in
capital and criminal matters, or for any fines or forfeitures due
unto us, fit subjects of our mercy, to pardon all such ofienders and
to remit such fines and forfeitures, (treason and wilful murder
only excepted) , in which cases you shall likewise have power,
upon extraordinaiy occasions, to grant reprieves to the ofienders
therein, until, and to the intent our pleasure may be further known ;
and Wee do hereby give and grant unto you, the said Sir Edmund
Andros, by yourself, your captains and commanders, by you to be
authorized, full power and authority to levy, arm, muster, com-
mand or employ all persons whatever residing within our said ter-
ritory and dominion of New-England, and, as occasion shall serve,
them to transfer from one place to another for the resisting and
withstanding of all enemies, pirates and rebels, both at land and
sea, and to transfer such forces to any of our Plantations in Amer-
ica as occasion shall require for the defence of the same against
the invasion or attempt of any of our enemies : And them, if oc-
casion shall require, to pursue and prosecute in or out of the lim-
its of our said territory and plantations, or any of them ; and, (if
it shall so please God) them to vanquish, and, being taken, either
according to the law of arms, to put to death, or keep and preserve
alive, at your discretion; as also to execute martial law in time of
invasion, insurrection or war, and during the continuance of the
same, and upon soldiers in pay, and to do and execute all and
every other thing wMch to a Captain-General doth or ought of
right to belong, as fully and amply as any our Captain-General
doth or hath usually done. And Wee do hereby give and grant
unto you full power and authority to erect, raise and build within
our territory and dominion aforesaid, such and so many forts, plat-
forms, castles, cities, boroughs, towns and fortifications as you

168G.] COMMISSION OP EDMUND ANDROS. 7

shall judge necessary, and the same or any of tlicm to foiiify and
furnish with ordnance, ammunition, and all sorts of arms, fit and.
necessary for the security and defence of our said, territory, and
the same again or all of them to demolish or dismantle, as may he
most convenient. And we do herehy give and grant unto you,
the said Sir Edmund Andros, full power and authority to erect
one or more Court or Courts Admii-al within our said territoiy
and dominion, for the hearing and determining of all marine and
other causes and matters proper therein to he lieard and deter-
mined, with all reasonable and necessary powers, authorities, fees
and privileges ; and you are to execute all jjow^ers belonging to the
place and office of Vice- Admiral of and in all the seas and coasts
about your government, according to such commission, authority
and instructions as you shall receive from ourself, under the seal
of our Admiralty, or from our High Admiral of our foreign plan-
tations for the time being.

And forasmuch as divers mutinies and disorders do happen by
persons shipped and employed at sea, and to the end that such as
shall be shipped or employed at sea may be the better governed and
ordered, "VVee do hereby give and grant unto you, the said Sir
Edmund Andros, our Cai^tain-General and Governoi'-in-chief, full
power and authority to constitute and appoint captains, masters of
ships and other commanders, and to grant unto such captains,
masters of ships, and other commanders, Commissions to execute
the law martial, and use such proceedings, authorities, punish-
ments, correction and execution upon any offender or ofienders
which shall be mutinous, seditious, disorderly, or any way unruly,
either at sea, or during the time of their abode or residence in any
of the ports, harbors or bays of our said territory and dominion,
as the cause shall be found to require accoi'ding to martial law.

Provided, that nothing herein contained shall be construed to
the enabling you, or any by your autliority, to hold plea, or have
jurisdiction of any offence, cause, matter, or tiling committed or
done upon the sea, or within any of the havens, rivers or creeks
of our said territory and dominion under your government, by
any cajitain, commander, lieutenant, master, or other officer, sea-
man, soldier, or person whatsoever, who shall be in actual sei-vice
and pay, in and on board any of our ships of Avar, or other vessels
acting by immediate commission or warrant from ourself, under
the seal of our Admiralty, or from our High Admiral of England
for the time being; but that such captain, commander, lieutenant,
master, officer, seaman, soldier, and other persons so offiMiding,
shall be left to be proceeded against and tried as the merit of their

8 PROVINCE OP NEW-HAMPSHIRE, [1G86 .

offences shall require, either by commission under our Great Seal
of Eno-land, as the statute of the twcnty-eightli of Henry the
Eighth directs, or by commission from our said High Admiral,
according to the act of Parliament, passed in the thirteenth year
of the reign of the late king, our most dear and most entirely be-
loved brother, of ever blessed memory, entitled, (''An act for the
establishing articles and orders for the regulating and better gov-
ernment of his Majesty's na^des, ships of war. and forces by sea "),
and not otherwise ; saving- only that it shall and may be lawful for
you, upon any such captain or commander refusing- or neglecting
to execute, or upon his negligence or undue execution of any of
the wdthin orders he shall receive from you for our service, and
the service of said territory and dominion, to suspend him, the said
captain or commander, from the exercise of his said office of com-
mander, and commit him into safe custody, either on board his
own ship, or elsewhere, at the discretion of you, in order to his
being brought to answer for the same by commission, either under
our Great Seal of Englaud, or from our said High Admiral, as is
before expressed. In which case our will and pleasure is that the
captain or commander so by you suspended, shall, during such his
suspension and commitment, be succeeded in his said office by
such commission or warrant officer of our said ship, appointed by
ourself or our High Admiral of England for the time being, as, by
the known i^ractice and discipline of our navy, doth and ought
next to succeed him, as in case of death, sickness, or other ordi-
nary disability happening to the commander of any of our ships,
and not otherwise ; you standing also accountable unto us for the
truth and importance of the crimes and misdemeanors for which
you shall so proceed to the suspending of such, our said captain,
or commander.

Provided, also, that all disorders and misdemeanors committed
on shore by any captain, commander, lieutenant, master, or other
officer, seaman, soldier, or person whatsoever, belonging to any of
our ships of war or other vessels acting by immediate commission
or wai-rant from oiu'self, under the seal of our Admiralty, or from
our High Admiral of England for the time being, may be tried
and punished according to the laws of the place where any such
disorders, offences and misdemeanors shall be so committed on
shore, notwithstanding such offender be in our actual service, and
born in our pay on board any such our ships of war, or otlier
vessels acting by immediate commission or warrant from oiarself,
or our High Admiral as aforesaid, so as he shall not receive any
protection (for the avoiding of justice for such offences committed

1680.] COMMISSION OF EDMUND ANDROS. 9

on shore) from any pretence of liis being employed in our service
at sea. And Wee do lilcewisc give and grant unto you full power
and authority, by and with the advice and consent of our said
Council, to agree with the planters and inliabitants of our said
territory and dominion, concerning such lands, tenements and
hereditaments, as now are or hereafter sliall be in our power to
dispose of, and them to grant unto any person or persons for such
terms, and under such moderate quit-rents, ser^'ices and acknowl-
edgements to be thereupon reserved unto us, as shall be appointed
by us, Avliich said grants are to pass and to be sealed by our Seal
of New-England, and (being entered upon record by such officer
and officers as you shall ai)poiut thereunto) shall be good and
effectual in law against us, our heirs and successors. And "Wee
give you full power and authority to appoint so many fairs, marts
and markets, as you, with the advice of our said Council, shall
think fit ; as likewise to order and appoint within our said territory
such and so many ports, harbors, bays, havens, and other places
for the convenience and security of shipping, and for the better
loading and unloading of goods and merchandise, as by you, with
the advice and consent of our Council, shall be thought fit and
necessary; and in them or any of them to erect, nominate and
appoint custom-houses, warehouses, and officers relating there-
unto, and them to alter, change, x)lace or displace from time to
time, as with the advice aforesaid shall be thought fit. And,
above all things, Wee do by these presents will, require and com-
mand you to take all possible care for the discountenance of vice
and encouragement of virtue and good living, that by such exam-
ples the infidels may be invited and desire to partake of the
Christian Religion. And for the greater ease and satisfaction of
our loving subjects in matters of religion. Wee do hereby will,
require and command, that liberty of conscience be allowed to all
persons, and that such especially as shall be confonnable to the
rites of the Church of England be particularly countenanced and
encouraged.

And, forasmuch as pursuant to the laws and customs of oitr
colony of the Massachusetts Bay, and of our other colonies and
provinces afore mentioned, divers marriages have been made and
lierformed by the magistrates of our said territory, our Royal
Will and pleasure is hereby to confirm all the said marriages, and
to direct that they be held good and valid in the sanie manner, and
to all intents and purposes whatsoever, as if they had been made
and contracted according to the laws established within our king-
dom of England. And Wee do hereby require and command all

10 PROVINCE OF NEW-HAMPSHIRE. [ICSG.

officers and miuistei's, civil and military, and all other inhabitants
of our said territory and dominion, to be obedient, aiding and
assisting unto yon, the said Sir Edmund Andros, in the execution
of this, our connnission, and of the powers and authorities therein
mentioned ; and upon your death, or absence out of said ten-itory,
unto the Commander-in-chief, to whom "Wee do therefore by these
pi'esents give and grant all and singular, the powers and authori-
ties aforesaid, to be exercised and enjoyed by him during our
pleasure, or until your arrival within our said territory and
dominion. And if in case of such death or absence there be no
person on the place api^ointed by us to be Commander-in-chief,
our will and j)leasure is that the then present Council of our said
territory aforesaid do take upon them the administration of the
government, and execute this commission and the several powers
and authorities herein contained, and that the first councillor who
shall be, at the time of your death or absence, residing within the
same, do preside in our said Council, with such powers and pre-
eminences as any former Pi'esideut hath used and enjoyed wdthin
our said territory, or any other of our plantations in America,
until our pleasure be further known, or your arrival as aforesaid.

And lastly, our will and pleasure is that our Commission, bear-
ing date the seven and twentieth day of September, in the first
year of our reign, constituting our trusty and well-beloved Joseph
Dudley, Simon Bradstreet, William Stoughton, Esqrs, and others,
to be our President and Council of our tei-ritory and dominion of
New-England, do, from the publication of these presents, cease
and become void. And that you, the said Sir Edmund Andros,
shall and may hold and execute and enjoy the office and place of
our Captain-General and Governor-in-chief in and over our terri-
tory and dominion aforesaid, with all its rights, transfers and
appurtenances whatsoever, together with all and singTilar the
powers and authorities hereby gi'anted unto yovT, for and during
our will and pleasure.* In witness, &c.

Passed in May, 1686.

In witness whereof we have caused these oiir Letters to be made
Patents.

Witness ourself, at Westminster, the third day of June, in the
second year of our reign.

Per bre de Privato Sigillo. Barker.

* Respecting the administration of Andres in New-Hampshire, Belknap says (Farm.
Belk., pp. 119-120): "By this commission, the Governor, with his Council, live of
whom were a quorum, were empowered to make such laws, imjjose such taxes, and
apply them to such purposes, as they should think proper. They were also empowered

1C8G.] ANDROS'S ADMINISTRATION. 11

Documents relating to Governor Andros's Admin-
istration.

[From Mass. Hist. Coll., vol. vii. 3d series, pp. 164-174.]
Confirmation of Colonial Officers.

By His Excellency, the Governor in Council,

These are to declare and publish, that all ofRcer.s civil and mil-
itary, and the officers of his ISlajesty's Eeveniu's tC)<>ether with all
duties and imposts as now settled in this town of Boston, and
other parts of this Government, are continued till furtluu" order,
and all persons are required to conform thereunto accordinj^ly.

E. Eandou'H, Stcretary.

Council House, Dec. 20, 1686.

[Mass. Hist. Coll., vol. vii. 3d series, p. 164.]

Order for the first Colonial Meeting under Sir Edmund Andres.

Sir,—

His Excellency Sir Edmund Andros, Knight, Captain General
and Governor in Chief, arrived here yesterday, at which time his
Majesty's commission, hearing date the third of June last, was
published, liis Excellency has appointed a General Council, to be

to grant lands on such terms, and subject to such quit-rents, as should be appointed by
the king. Invested with such powers, these men were capable of the most extravagant
actions. Thereupon Andros, like his master, began his administration with the fairest
professions, yet, like him, he soon violated them, and proved himself a lit instrument
for accomplishing the most execrable designs.

"To particularize the many instances ot tyranny and oppression which the country
suffered from these men is not within the design of this work ; let it suffice to observe,
that the press was restrained, liberty of conscience infringed, exhorbitant fees and
taxes demanded, without the voice or consent of the peojile, who had no privilege of
representation. The charter [of Massachusetts] being vacated, it was pretended that
all titles to land w'ere annulled; and as to Indian deeds, Andros declared them no bet-
ter than ' the scratch of a bear's paw.' Landholders were obliged to take out patents
for their estates, which they had possessed forty or fifty years. For these patents ex-
travagant fees were exacted; and those who would not submit to this imposition had
writs of intrusion brought against them, and their land was patented to others. To
hinder the people from consulting about the redress of their grievances, town meet-
ings were prohibited, except one in the month of May for the choice of town officers;
and, to prevent complaints being carried to England, no person was permitted to go out
of the country without express leave from the Governor. But, notwithslanding all the
vigilance of the Ciovernor, his emissaries an<l his guards, the resolute and indefatigable
Increase Matiiek, minister of the Second Church in Boston and President of the
College, got on board a ship and sailed for England, with complaints in the name of
the people against the Governor, which he delivered with his own hand to the King;
but, finding no hope of redress, he waited. the event of the Revolution, which was then
expected."

12 PROVINCE OF NEW-HAMPSHIRE. [1686.

holden here on Thursday the SOfch of this instant, December, and
directed me to acquaint all the members thereof, that they may be
present accordiufily. His Excellency presents his humble services
to you, and would be olad to see you at Boston.
I am, Sir,

Your humble sei'vant,

Edward Randolph.

[Mass. Hist. Coll., vol. vii. 3cl series, p. 166.]
The first Ileeting of the Council under Andros.

At a Council held in Boston, N'ew England, on Thursday, De-
cember 30, 1680, present —

His Excellency, Sir Edjitjnd Axdros, Knight Governor:

Joseph Dudley, Richard Wharton,

Thomas Hinckley, Edward Tyng,

Wait Winthrop, Jonathan Tyng,

Jno. Usher, William Bradford,

Barnaby Lothrop, Daniel Smith,

John Walley, Nathaniel Clark,

John Cogoeshall, Walter Newbury,

Richard Arnold, John Alborough,

William Stoughton, Edward Randolph, Sect.

Upon opening of the Council, his Excellency commanded the
members to be called over by their names, and take their places,
as set down in certain articles of instruction from his Majesty, to
his Excellency the Governor.

The members of the Council being accordingly seated, his Maj-
esty's commission for government of this his Territory and Do-
minion of New-England, was read, and also, the instructions
under his Majesty's sign Manual empowering his Excellency to
revise the Charter of Rhode Island and Providence Plantation,
was likewise read.

His Excellency proceeded to administer the oath of allegiance,
and the oath, also, for the due administi-ation of justice, and com-
manded such persons of the Council, as had not already taken
these oaths, to stand up and answer to their names, viz. Thomas
Hinckley, Walter Clark, Barnaby Lathrop, William Bradford,
Daniel Smith, Jno. Walley, Nathaniel Clark, John Coggeshall,
Walter Newbury, Richard Arnold and John Alborough, who (all
of them) Walter Clark and Walter Newbury excepted, did take
the oath, and showed assent thereto, by holding up their right
hands.

AValter Clark and Walter Newbury, gave also their express con-
sent to the oath of allegiance, and the oath for the administration
of justice in the Government, according as directed in his Maj-
esty's late commission to the President and Council, professing
themselves obliged in all good conscience before God so to do, and
that, under the utmost penalties of perjury in all respects, the

1G8G.] ANDROS'S ADMINISTRATION. 13

inoiiibors of flic Couiicjl, beiiifr severally asked tlieir o])iiiioii, did
allow of their iirotestatioii. ]Iis ExceHCiiey in a t^liort discourse,
encouraged tlie nieiiihers to freedom in debates,

Walter Clark and AValter Nc'wbnry, acknowledge the surrender
of tlie Charter made to his ]\lajesty at Windsor, but fearinj^- that
surrender was not etlectual for avoidin<i' all mistakes, the\' had
presented another humble address to Ids Majesty under the public
8eal of this Colony, and had sent over agents to pray his Majesty's
favor towards them, and W. Clark further added, the Charter of
liliode Island was in liis custody at Newport, it was moved that
a rroclamation should be made through all the Colonies and
Provinces of this (Government, that all officers both Civil and
Military, should be continued in their places of trust, that the laws
not repugnant to the laws of England in the several Colonies,
should be, and observed during his Excellency's pleasure.

Ordered, that the proclamalion be drawn up and ])resented to
liis Excellency in Council to-morrow by nine of the clock in the
morning.

On Friday, John Fitz "Winthrop and John Jenks took theii*
seats, as members of the preceding Council.

[Mass. Ilist. Coll., vol. vii. 3d series, p. 161.]

Commission to Edivard Randolph.*
James Eex.

James the Second by the Grace of God, King of England, Scot-
land, France and Ireland, Defender of the Faith, and to all to
A\hom these presents shall come, greeting. AVhereas Ave have
thought fit to appoint a President and Council, until we shall send
over a Governor-in-Chief to take care of all our Territory and
Dominion in New-England, commonly called or known by the
names of the Colony of the Massachusetts Bay, the Provinces of
Xcw-IIampshire and JNIaine, and the Narraganset Country, other-
wise called the King's Province, with all the islands, rights and
members thereunto belonging. Know ye, that we reposing especial
trust and confidence in the loyalt}' and abilities of our trusty and
well-beloved Edward Pandolph, Esq, have given and granted,
and, by tliese presents, do give and grant unto him the said Ed-
Avard Pandolph, the several and respective places and ollices of
Secretary and sole Register of our Governor and Council, and of
our government there, for the time being, of and in our Territories
and Dominion aforesaid, and him, the said Edwaixl Pandolph,
Secretary and Pegister of our said Territory aiul Dominion, we
do, by these presents, make, ordain, and constitute, to have, hold,
exercise and enjoy the said places and offices, or to him, the said
Edward Kandolph, by himself or his deputy or deputies during

* Edward Randolph, whose commission is here given, was, like Andres, a man of an
arbitrary and tyrannical spirit. His agency in behalf of Robert ISIason, in Xew-
Uanipshire, is given in Prov. Pap., vol. 1. p. 339. His office and character rendered liiui
peculiarly odious to the people of tliis Province.

14 PROVINCE OF NEW-HAMPSHIRE. [1686.

our pleasure, together with all fees, rights, privileges, profits, per-
quisites and advantages, to the said places and offices, or either of
them, belonging or in any wise appertaining in as full and ample
manner to all intents and purposes, as the Secretary and Register
of our Island of Jamaica, or of any otlier of our Plantations iu
America have had or do now receive and enjoy. And hereof all
persons, whom it may concern, are to take due notice, and yield
obedience thereunto accordingly.

Given at our Court at Windsor, the 21st day of Sei^tember, 1685,
in the first year of our reign.*

[Mass. Hist. Coll., vol. vii. 3d series, p. 154.]

Letter from Edivard Itandolx>h to the Lord Treasurer.

Boston, in Neav-England,
August 23, 1686.
May it please your Lordslui>.

By the blessing of God and your Lordship's favour, I have per-
formed his Majesty's commands, and brought tliis people to a
nearer dependence upon the Crown. I have likewise served 2 writs
of Quo Warranto, upon the other 2 Colonies of Connecticut and
Rhode Island, who are preparing to make their humble submis-
sion to his Majesty. But unless his Majesty please, in a very short
time, to send us over a General Governor from England, all that
is already done, will be of little advantage to his Majesty's inter-
est. The independent fiiction still prevails, and persons of dan-
gerous i^rinciples from England, Ireland and other places are here
received and highly encouraged. They have put Captain Black-
well Oliver, treasurer in London, son-in-law to Lambert, excepted
in the Act of Indemnity, and a violent Coimnonwealth's man, to
be of the commission of the peace, and a man consulted with in
all public aflairs. The independent ministers and others, make
every ill use of his Majesty's indulgence and liberty of conscience,
some of them have spoken treasonable words in their pulpits, of
which (to no purpose) I have complained to the President and
Council, so that I am humbly of opinion, that liberty of conscience
will much obstruct the settlement of this place, unless duly regu-
lated by the authority of a prudent Governor sent hither. Your
Lordship may please to remember, that this commission was but
temporary, and served only to unhinge the Commonwealth, which,
for many years, was usurped and managed by a faction. All the
members of the present Council, Mr. Mason and myself excepted,
are either church members, or strong abettors of that party, and
even Mr. Dudly, our President was not long since a zealous
preacher amongst us, and though, while in London, he pretended
to be of the Church of England, yet, since he is made President,

* Though this commission is dated before the suspension of our Charter government,
yet it was prepared for the " Usurpation Administration," and, therefore, is located
with its documents.

1G8G.] ANDROS'S ADMINISTRATION. 15

rourfs and koojis private cabals willi (liosc factions ministors and
others, Avlio, in tiie time of Moiinionlirs liebellion, refused to pray
for his Majesty. His ISlajesty hath been frniciously pleased to
make me Secretary of his Council here, but the accounts of the
late Treasurer and whatever relates to the discovery of his Maj-
esty's llevenue, is kept from my knowled<4e. The i)ublic records,
and all the <>Tants and settlement of lands in this country, Avhich
on.iziit to bt^ lodjicd in my office, are otherwise disposed of, not l)eing
Avillin^' to intrust them with me, who have been, and (as they say)
am still the grand enemy of their country. Mr. Wharton,' a
member of the Council, did openly declare, that his INIajesty in ap-
jioinling me his Secretary and Register, iutemU'd to iiithrall this
peopl(3 in vassalage. I have proposed the raising a revenue, yet
cannot be heard in Council.

1 have likewise pressed the making of strict orders to prevent
the irregular trade of this ])lace, but some of the Council are
traders, and others by marriage or otherwise so nearly related,
that without a General Governor interlopers will be countenanced,
notwithstanding all my endeavor to the contrary : there have been
five or six ships seized and condemned, which inflames the people's
malice against me. And the President, who by his office and duty-
is obliged to assist me, has openly refused, to his INIajesty's great
dissei'vice. I question not but by his Majesty's unitingtlie sev-
eral Colonies under one Government, to raise liis Majesty a con-
siderable revenue by quit rents towards the support of the Gov-
ernment, wiiich will yearly increase. Of this the President, Mr.
Wharton and several others, who have engrossed great tracts of
land are sensible, and are, therefore, unwilling to admit me to dis-
cover their Estates.

It Avas by your Lordship's favour, that his Majesty, in consider-
ation of my past sei-vices, Avas pleased to grant me the office of
Register and Secretary of this Government, a place in his Majes-
ty's other plantations of considerable advantage ; but they have
taken so great prejudice against me, that they have disposed of
the perquisites of that office to persons of their own stamp, so that
for all my trouble and attending the Council here, I am not likely
to make £20 a year. My earnest expectation of a General Gov-
ernor, supi)orts me under all these difficulties and disapi)ointments,
and though they treat me so rudely, yet I shall continue to assei't
his Majesty's interest in the station I am placed in, and ever re-
main. Right Honorable,

Your Lordship's most humble

and most obedient sei-vant.

Ed. Randolph.

To the Right Honourable the Lord Treasurer.

16 PROVINCE OF NEW-HAMPSHIRE. [1G86.

[From Mass. Hist. Coll., vol. vii. 3d series, p. IGO.]

Order that the JuriscUction of Pemaquid he in the hands of Sir
Edmund Andros.

James R. Trusty and well beloved. "We greet you well.
Whereas we have thought fit to direct, that our Fort and Country
of Pemaquid, in regard of its distance from New-York, be for
the future annexed to and continued under the Government of our
Teri'itory and Dominion of New-England. Our will and pleasure
is that you forthwith deliver or cause to be delivered, our said Fort
and Country of Pemaquid with the great guns, ammunition and
stores of war, togetlier with all other utensils and appurtenances
belonging to the said Fort, into the hand of our trusty and well
beloA'ed Sir Edmund Andros, Knight, our Captain-General and
Governor-in-Chief of our Territory and Dominion of New-England,
or to the Governor or Commander-in-Chief there, for the time
being, or to such person or persons, as they shall impower to re-
ceive the same, and for so doing, this shall be your warrant. Given
at our Court at Windsor, this 19th day of September, 16S6, in the
second year of our reign. By his Majesty's command.

Sunderland P.

Col. Dongan to deliver Pemaquid Fort to Sir Edmund Andros.

Laivs enacted hy Qovernov Andros and Ms Council.

[" The Laws of the Territory of New-England," which were
passed by Andros and his Council, and which Avere in force in the
Province of New-Hampshire, are publislied at length in the
" Colonial Records of Connecticut," vol. iii., 1078-1689. It is not
deemed advisable to publish them here. The following are the
titles of said Laws.] — Ed.

1. An Act for the continuing and establishing of several
Rates, Duties, and Imposts.

2. An Act establishing Courts of Judicature and Pub-
lique Justice.

3. An Act impowering Justices of the Peace to decide
differences not exceeding forty shillings.

4. An Act against Pirates, and for the prevention of
Piracy.

5. An Act settling the value of Pieces of Eight.

6. An Act for regulating the Assize of Cask, and prevent-
ing deceit in packing of Fish, Beef, and Pork, for sale.

7. An Act for the regulation of Cattle, Corn Fields, and
Fences.

1G8G.] ANDROS'S ADMINISTRATION. 17

8. All Act for the regulation of Weights and Measures.

9. An Act for the destroying of Wolves.

10. An Act regulating the Purchase of Lands from In-
dians.

11. An Act for the Probate of Wills, and granting Letters
of Administration.

12. An Act for regulating the Fishing-trade and Fisher-
men, and one other Act entitled

13. An Act for making of Barrels, Kilderkins, and other
vessells used for Ale or Beer and Syder, and for regulating
the Assize of Boards.

14. An Act for regulating the choice of Selectmen, Con-
stables, and other Officers in the respective Towns within
his Dominion.

15. An Act for settling the Militia.

16. An Act for additional Duties of Imports and Excise,
for the better collecting and securing his Majesty's Revenue.

17. An Act concerning Peddlers.

Note (1 ). — By " the Act for establishing Courts of Judicature and Publicjue
Justice," a Court of Sessions was established, to be held " at Portsmouth, for the
Province of Xew- Hampshire, on the first Tuesday in June, September, Decem-
ber, and Maich.

Also, a Superior Court of Judicature, to be held " at Ipswich the first
"Wednesday in September and March ; for the Province of New-Hampshire
and the western parts of the Province of Maine, including the town of Wells,
at \Portsinoutli\, the Monday following each of the courts at Ipswich; for the
eastern parts of the Province of Maine, at Falmouth, the Friday following the
September court at Portsmouth."

NoTK (2). — By the Act for regulating of the Purchase of Lands from the
Indians : " Henceforth no person or persons whatsoever do presume to tamper
or trade with any Indian or Indians about the purchase, sale or confirmation
of any land or lands whatsoever within this his JMajesty's Territory and Do-
minion of New-England, nor from any of them take, or receive any deed of
sale, gift, mortgage, conveyance, lease, contract or confirmation whatsoever,
without leave or license first had and obtained from the Governor for the time
being, under his hand and seal, on penalty of the forfeiture of twenty pounds
for every acre of land" that shall be so obtained.

Note (3). — In the Act for regulating the choice of Selectmen, &c., "the
third Monday in May yearly" was appointed "for the inhabitants in each town
within this Dominion to meet and convene together, by the major vote,

18 PROVINCE OP NEW-HAMPSHIRE. [1687.

there to clioo^c and iioniiiiiite any oven number of fit persons inhabitini:; witliin
their respective towns, not exceeding eiglit, to be selectmen, townsmen or
overseers for the several towns respectively." One half of said number to be
new persons, the other half those that served the previous year. " And it is
further enacted, That from henceforth it shall not be lawful for the inhabitants
of any town within this Dominion, to meet or convene themselves together
at a town meeting, upon any pretence or color whatever, but at the times
aforementioned and appointed."

Note (4). — In the Act for additional duties of Imports and Excise,
"Boston, Salem, Portsmouth, Bristol, Newport, New London, Saybrook, New
Haven, Milford, Fairfield and Stamford" were made ports of entry. — Ed.

[Mass. Hist. Coll., vol. vii. 3d series, p. 170.]
A Speciynen of Licenses for Marriage,
Know all men by these presents, that we, Nathaniel Peck of
Boston, and William Coggeshall of the same Town, in his Majesty's
Territory and Dominion of New-England, are firmly bound unto
Edward Kandolph, Esq., Secretary of his Majesty's Teriitory and
Dominion in the sum of fifty pounds, current money of New-
England, to wJiich payment well and truly to be made, we bind
ourselves jointly and severally, our heirs, executors, administra-
tors and assigns, firmly by these i^resents. Witness our hands and
seals, this 11th day of January 1686-7, in the second year of his
Majesty's reign.

The condition of the above obligation is such, that if the above
bound Nathaniel Peck and William Coggeshall, shall sufficiently
keep and save harmless, the aforesaid Edward Eandolph, Esq.,
from all troubles which may or shall any way so arise by the said
Edward Randolph's granting a license to the aforesaid Nathaniel
Peck, to be joined in matrimony, that then this obligation to be
made void, otherwise to remain in full force and virtue.

Nathaniel Peck.
William Coggeshall.
Signed, sealed and delivered, iu the i^resence of us,

JoHX Clakk,

her

Maky X Peck.

1687.]

ANDROS'S ADMINISTRATION.

[Mass. Hist. Coll., vol. vii. .^d surics, p. 171.]
Extract relative to a Tax, which, on account of the mode of its
hein(j assessed, produced (ireat excitement.
"That a single counlrv ml c of (uic ]i('iiiiy in the pound, be -served
and c()llect(Ml in all the kite ('ojoiiics and Provinces, towards
defray ing- the i)ublic charges of this Govcrnnieut, according to
former usage."
Jan. 13, 1G86-7.

[Mass. Hist. Coll., vol. vii. M series, p. 171.]
License for the Press, according to jjrccious Colonial Custom.

Jan. 28, 1G86-7.
Ordered, that copies of books, &c., to be printed, be first perused
by Mr. Dudley, late President, and upon his allowance of them
for the press, that one copy thereof so allowed and attested by
him, be brouglit to the Secretary's office, to be left on record, and
receive from him an imprimatnre.

[Mass. Hist. Coll., vol. vii. 3d .series, p. 173.]

JPees for the Custom House.

Vessels inward boimd.

Every vessel exceeding 40 Tons ....

If above 40 Tons

For a permit of license to unload ....
For an oath upon a Majesty's entry and clearing

Vessels outward bound.

Every vessel's entry to load . . * . .
Every vessel's clearing not exceeding 40 Tons

If above 40 Tons for clearing

For a bond for his ^Majesty's use ....

For a certificate when the bond is given .

For a certificate to lake up a bond ....

For registering and discharoing a bond .

For registering a certificate

For coasting vessels and wood boats.

Outwards. — To entering bond once a year not to carry
European or plantation commodities without entry

For entry of every coasting V(!ssel loading European
commodities, or of the plantations ....

For a license to deliver their loadings ....

£0

0.06

1.00
3.()()
5.00
5.00
5.00
5.00
0.06
0.06

5.00

1.06
1.06

20 rROYIXCE OF NEW-HAMPSHIRE. [1689.

For all coasting vessels, trading' to and from the neigh-
boring Colonies £0.2.06

For a bond for coasting vessels carrj'ing any of the enu-
merated commodities out of this Government . . 1.00

Ed. Randolph, Collector.

Account of the Hevolution in Boston, and tlie over-
throw of Sir Edinund Andros's Government of
JSFew England. *

[Col. Rec. of R. L, vol. iii. pp. 254-55.]
" About nine o'clock of the morning of the 18th of April, just
as George, the commander of the * Rose ' frigate, stepped on shore,
Green and the Boston ship-carpenters gathered about him and
made him a i^risoner. The town took the alarm. The royalist
shei'itf hastened to quiet the multitude, and the multitude secured
him as their prisoner. From him they hastened to the major of
the regiment, and demanded colors and drams. He resisted ; they
threatened. The crowd increased ; companies formed under Nel-
son, Foster, "Waterhouse, their old officers ; and already, at ten,
they seize BuUivant, Foxcroft, and Ravenscraft. Boys ran along
the streets with clubs ; the drums beat ; the Governor, with his
creatures, resisted in council, withdrew to the Fort to desire a con-
ference with the ministers and two or three more. The confer-
ence was declined. All the companies soon rallied at the town-
house. Just then, the last Governor of the Colony, in office when
the Charter was abrogated, Simon Bradstreet, — glorious with the
dignity of fourscore years and seven, one of the early immigrants,
a magistrate in 1630, whose experience connected the oldest gener-
ation with the new, — drew near the town-house, and was received
by a great shout from the freemen. The old magistrates were
re-instated, as a Council of Safety; the whole town rose in arms,
* with the most unanimous resolution that ever inspired a people,'
and a Declaration, read from the balcony, defended the insurrec-
tion as a duty to God and the country. ' We commit our enter-
prise,' it was added, ' to Him who hears the cry of the oppressed,
and advise all our neighbors, for whom we have thus ventured
ourselves, to joyn with us in prayers and all just actions for the
defence of the land.'

" On Charlestown side, a thousand soldiers crowded together;
and the multitude would have been larger, if needed. The Gover-

» Bancroft's Hist, of U. S.

1689.] ANDROS'S ADMINISTRATION. 21

nor, vainly attempting- to escape to the frigate, Avas, Avitli liis crea-
tures, compt'lletl to seek protcclion by subinission: tlirougli tlie
streets where lie had lirst displayed his .scarlet coat and arbitrary
connnission, he and his fellows W(;re marched to the town-house,
aud tlience to pnson.

" On tlie next day, tlic country came swarming across the
Charlestown aud Chelsea ferries, headed by Sheplierd, a sehool-
master of Lynn. All tlie cry was against Andros and Randolph.
The cattle Avere talvcn; the frigate was mastered ; the fortifications
occupied.

" IIow should a new government be instituted? Town-meet-
ings, before news liad arrived of the proclamation of William and
Mary, were held throughout the Colony. Of tiftj-four towns,
forty certainly, probably more, voted to re-assume the old Charter.
Representatives were chosen ; and once more Massachusetts as-
sembled in General Court."

[Col. Rec. E. I., vol. iii. pp. 256-57.]
Summons to Sir Edmund Andros to surrender the Government.
At the Town-House in Boston, April 18, 1689.
Sir: — Ourselves as well as many others, the inhabitants of this
town and places adjacent, being surprised with the people's sudden
taking to arms, in the first motion whereof we were wholly igno-
rant, are driven by the present exigence and necessity, to accjuaint
your Excellency, that for the quieting and security of the i)eople
inhabiting this country, from the imminent dangers they many
ways lie open and exposed unto, and for your own safety, we
judge it necessary that you forthwith surrender up and deliver the
government and fortifications to be preserved, to be disposed
according to order and direction for the Crown of England, which
is suddenly expected may arrive, promising all security, from
violence to yourself, or any three of your gentlemen and soldiers
in person or estate ; or else we are assured they will endeavor the
taking of the fortifications by storm, if any oi^position be made.
To Sir Ednuind Andros, Knight.

William Houghton, David Waterhouse,

Thomas Danforth, Adam Wixthrop,

Simon Buadstreet, John Nelson,

John Richards, Wait AV'intiirop,

Elisiia Cook, Samuel Shkimpton,

Isaac Addingtox, William Brown,

John Foster, Bartholomew Gedney,

Peter Sergeant.

22 PROVINCE OF NEW-HAMPSHIRE. [1689.

Names of those imiwisoned with Sir Edmund Andres.
Jos. Dudley,* Judge Palmer, Mr. Randolph, Lt. Col. Lydgett,
Lt. Col. Mac'gi-egry, Capt. George, Maj. Brockholes, Mr. Gra-
ham, Mr. "West, Capt. Treffrey, Mr. Justice BuUivant, Mr. Jus-
tice Foxcroft, Capt. White, Capt. Ravencroft, Ensign Pipin,
Dr. Roberts, Mr. Farwell, Mr. Jameson, Mr. Kane, Mr. Broad-
bent, INIr. James Sherlock, sheriff, Mr. Lakin, Capt. Manning,
Lt. Jordaine, Mr. Cuttler.

Edward Randolpli's Account.

MR. KAKDOLPH TO THE LORDS OF TRADE.

(N. Y. Col. MSS., vol. iii. p. 578.) [Extract.]

*' To the Bight Ilon^^^ the Lords of the Committee for Trade and
Foreign Plantations-

" A short narrative of the present unsettled state of His Majesty's
territory and dominion of New England and of the imminent
danger of its being overrun by the French Forces in Cannada, if
not timely prevented, humbly presented by Edward Randol})h.

"May it please your Lordships. — About the yeare One Thou-
sand Six Hundred Seventy Eight, it was made apparent to the
Right Honorable the Lords of the Committee for Trade, by the
opinion of S"" Will"* Jones and Sir Francis Winington then
Atturney and Solicitor Gen' that the severall articles of high
misdemeanour objected against the Governor and Company of the
Massachusetts Bay in New England for their maleadministration,
were a sufficient ground (if proved) for his Ma'ty to iiroceed
against their Charter by law; some of which are as follows viz:
Coining money without His Ma'-^'* permission ; Tradeing contrary
to the Acts of Navigation, whereby His jMa'^^ reveiuie was greatly

* Josepli Dudley, Esq., was tlie predecessor of Aiidros in tlie government, and, at a
subsequent period, Governor of Massachusetts and New-Hanipsliire.

Mass. Col. Rec, vol. vi. p. 64: " Upon tlie several motions of Joseph Dudley, and in
consideration of his great indisposition of Body, Its ordered that he shall be forthwith re-
moved from the Prison and confined to His own house at Roxbury, till liirther order,
not to go out of the said House or precints of his yard, or backside adjoining, at any
time. Except to the publique worship of God, on the Sabbath Day, and that under a
sufflciejit guard to conduct him from his own house to the said meeting and back again,
which is to be ordered and appointed by the Captain of the Fort Company in Roxbury ;
and he, the said Dudley to give Bond to tlie value of Ten Thousand Pounds witli suffi-
cient sureties to be, and remain a true prisoner, according to the Contents and true
meaning of this onler, until he shall be released by order of Law, or otherwise disposed
of by Direction from the Government of the Massachusetts Colony."

1G81>.] ANDROS'S ADMIXISTItATION. 23

impaifcd (as was made appcaro by the petition of scvcrall eminent
Mercliants of London presented to Ilis Ma'-^ in Conncil), Not
allo\vin<^ those or any other Acts of rarliment to be in force with
them niiless soe declared in their (ivn. Ass<;mbly; — Denying
ai)peules from their Conrts to Enghmd; — Laying Cnslonnis ni)on
tlie goods of His Ma'-^'* snbjects (not foremen of tlie colony) tlio'
imported directly from England; — And for prosecnting by lines,
imprisonment, whipping, banishment and putting to death, Ilis
Ma'J' subjects in matters in religion. All which were confessed
by their Agents in their petition to His Ma'>' during their atten-
dance at Court to answer the complaints of Mr. jVIason and ]\rr.
Gorge for invad((ing their Trovinces of New Hampshire and Maine
in New England. Whereupon Sir Robert Sawyer then Atturney
Genl. was ordered by the Laws of the Committee for Trade to
bring a Writt of Quo Warranto against their Charter, which for
these severall offences and alsoe for refusing to submitt to such a
regulation in the management of their government so as all His
Ma*>^ subjects might finde equall justice amongst them ; and upon
their refusing alsoe to plead (tho' they had all favour and time
allowed them to make their defence) was vacated, and a Commis-
sion granted to severall gentlemen, members of their late Council,
to exercise government in that colony; of which number was Mr.
Bradstreet (present pretended Governor), who refused, and the
others with great difficulty accepted thereof, as appears by the
printed paper No 6.

"About the yeare one thousand six hundred eiglity five the
French of Canada encroached upon the lands of the subjects of
the Crowne of England, building forts upon the heads of their
great Kivers, and extending their bounds, disturbed the* inhab-
itants and layd a clayme to those lands which for many yeares had
belonged to the English ; and under pretence of a right to the sole
fishery between the degrees of forty three and forty six North
latitude, they seized eight New England ketches loaden with fish
off the Coast of Nova Scotia, took away all their fish, treated the
masters most barbarously and afterwards carryed them and most
of the ketches to llochell, where they were a long time imprisoned.
The masters came afterwards from thence to New England.

" I then assisted them in their application to the Earle of Sunder-
land and to the Lord Preston, then Embassador in France; but his
Lordship though he ])ressed the matter could obtaine noe redresse.
Whereupon it was advised and ordered in Council that the three
small Colonyes of Connecticott, New Plymouth and Khode Island,
not able to make anv defence against the French, together Avith

24 PROVINCE OF NEW-HAMPSHIRE. [1689.

tlie Provinces of New Hampshire and Maine, should be united
and made one entire government, the better to defend themselves
against invasion. And accordingly a commission was directed to
Sir Edmund Andros with instructions to take them all under his
care, whicli he accordingly accepted and they in a short time sub-
mitted thereunto.

*' About August last, the time S"" Edmund Andros went to take
possession of the government at New York, eleven French In-
dians, killed five of our Indians neere the town of Springfield,
and soon after five English at the towne of Northfield upon Con-
necticut River; they fled to Canada, and tho' knowne by name
and demanded by Sir Edmund Andros, yet Marque d'Nonville, the
French Governor refused to surrender them. Soon after the In-
dians to the Eastward, fell upon the English townes in the Prov-
ince of Maine, destroyed their corne and cattle, burnt their houses,
killed some and took others of the inhabitants prisoners ; having
with them a French priest in their councills.

'' The Governor left the forces to the Eastward on the sixteenth
of March and ai-rived in Boston about a week after, and as soon
as those soldiers had notice of the disturbance in Boston, some
foi'sooke, others revolted, seized upon their otficers, and sent them
bound prisoners hither ; so that all that country [Eastward] ex-
tending above fourty leagues upon the sea shore, that was secured
in their fishing and saw-mills, is now deserted and left to the rav-
age of the barbarous heathens, who are ah'eady come down, have
destroyed and burnt some forts and several dwelling houses, and
kiird some of the people, the miserable inhabitants in no way
capable to preserve themselves and cattle by flight,

" The French have above four thousand good men about Can-
ada, ready for any designe. I expect tliat upon the news of the
Bostoners re-assuming their old government (no care being taken
for the out townes and Provinces) they will joyne with the Indians,
and in a short time swallow and be masters of that part of the
Country (not long since granted to the French West India Com-
pany by patent from their King) , and then being possessed of our
best ports and harbours, be masters of all the great marts in New
England and will infest the trade of other the English forraine
plantations ; the prevention whereof was one cheife ground of
putting all those petty governments under one generall Govei-nour.

"My Lords — Notwithstanding all the pretensions of grievances
mentioned in these papers, and cryes of oppression in the Govern"
proceedings, it's not the person of S"^ Edmund Andros, but the
government itself, they designe to have removed, that they may

1089.] ANDROS'S ADMINISTRATIOX. 25

fr('ol\- trade; and tlierefore urge a necessity of his Ma'^ grant for
a new or conlirininy their ohl Charter.

" Tlie ^Ministers, who in their government were cheif(! in advis-
ing and (hrecting matters of piihlicine import, as well in electing
Magistrates as in inakeing laws and what else did relate to the
government, and now cheife in contriving & setting on foot this
generall revolt and subversion of the government: — were not
consulted with " — [i.e. by Andros and his adherents.]

" Five Ministers of Boston, viz., Moode,* (1) Allen, (2) Young,
Mather, (3) Willard, (4) andMilburu an Anabaptist ]\Iinister, were
in the Councill Chamber on the eighteenth of April when the Gov-
ern'' and myselfe were brought out of the Fort before them, writc-
ing orders, and were authors of some of their printed papers.

" My Lords — I am kept very inhumanely .and the Governor
worse, whose packett sent by exprcsse order from "Whitehall and
letters of both publick and private concerns of his and mine, are
stop'd and open'd by S'' William Phips, who says the Govern'' is a
rogue and shall not have liis packetts nor letters, and pretends an
order for so doing and keeps them from us. I humbly intreat the
favour of your Lordships that I be not exposed here to the malice
of those, who, for my faithfnll service to the Crowne for fourteen
years in this countrey, are become my enemyes; but rather, if
yo"" Lordships please, that they may be commanded to send over
me and my accusers to England, to answer what they have to
charge me with.

" I have many things (relating to the well being of this coun-
trey) of great import to His Ma'^ sei-\'ice, wiiich, being now a
close prisoner and all my papers and materiall writings kept from
me, I am in no condition to transmitt to yo'' Lordships, but expect,
with patience by your Lordships directions, for a speedy opportu-
nity for so doing.

" All which is humbly submitted by

" Edwakd Randolph.

" From the Common Goale in Boston, the 29 of May 1689.''
Lidorsed — " HeC^ from Mr. Randolph, 3"^ July, 1(389."

* (1) Rev. Joshua Mooflev, formerly of Portsmoiith, then of Boston.

(2) Rev. James Allen, minister of the first Congregational Church in Boston, a grad-
uate of Oxford, in England, came to this country, 1662; died in Boston, Sept. 22, 1710,
aged 78 years.

(3) Rev. Cotton Mather, of great learning and influence in his day.

(4) Rev. Samuel Willard, of the Old South Church, Boston, and President of Harvard
College. He died Sept. 12, 1707, aged 68 years. — Ed.

26 PROVINCE OF NEW-HAMPSHIRE. [1G89.

IE xtr act from Sir Edmund Andres's Report of his
Administration.

[N. Y. Col. MSS., vol. iii. p. 722.]

'' To the Right Hou''"^ the Lords of the Committee for Trade and
Plantations.

" The State of JSfew England under the Government of S'' Edmund

Andros.

" That in the yeare 1686, S"" Edmund Andros was by comis-
sion und'' the greate scale of England appoynted to succeed the
President Dudley & Councill in the goverment of the Massachu-
setts Collony, the Provinces of Hampshire and Maine and the
Narragansett Country, to w'^'^ was annexed the Colloneys of Rhoad
Island, New Plymouth and the County of Cornwall.

" The severall Provinces and CoUonys in New England * being
soe united ; the revenue continued and setled in those parts, for
the support of the government, amounted to about twelve thou-
sand pounds pr ann™, and all places were well and quietly setled
and in good posture.

" The Church of England being unprovided of place for theyr
publique worship, he did, by advice of the Councill, borroAV the
new meeting house in Boston, at such times as the same was
unused, until they could provide otherwise ; and accordingly on
Sundays went in between eleven and twelve in the morning, and
in the afternoon about fower; but understanding it gave ofteiice,
hastned the building of a Church, w'''' was effected at the charge of
those of the Church of England, where the Chaplaine of the soul-
diers p''formed divine service and preaching.

" On the 18"^ of April 1689, severall of his Ma*'^^ Council in New
England having combined and conspired together with those who
were Magistrates and officers in the late Charter Government
annually chosen by the people, and scA^erall other j)i'Sons, to sub-
vert and overthrow the govei'ment, and instead thereof to intro-
duce their former Commonwealth; and having, by their false
reports and aspersions gott to their assistance the greatest part
of the people, whereof appeared in arms at Boston und"" the
comand of those who were officers in the sayd former popular
goverment, to the number of about two thousand horse and foote ;
which strange and sudden appearance being wholly a surprise to

* Connecticut was annexed in 1687, and New York, East and West Jersey in
1688. — Ed.

1C89.] ANDROS'S ADiMINISTRATION. 27

S"" Ediniuul Aiulros, as knowing noc cause or occasion for the
same, but untkrstantling that sevcrall of the Couiicill were at the
Councill Chamber wlfere (it being the ordinary Councill day) they
were to meet, and some i)'"ticuhirly by him sent for from distant
parts also tliere, he and those with him went tliitlier. And tho'
(as he passed) tlie streets were full of armed men, yett none olfcrcd
him or those that were with him the least rudeness or incivility,
but on the contrary usual respect ; but when he came to the Coun-
cill Chamber he found severall of the sayd former popular Magis-
trates and other chiefe p'sons then p''sent, with those of the Coun-
cill, Avho had noe suitable I'cgard to him, nor the i)eace and quiet
of the Country, but instead of giveing any assistance to support
the Goverment, made him a prisoner and also imprisoned some
members of the Councill and other officers, who in pursuance of
their respective dutyes and stations attended on him, and kept
them for the space of ten months und'' severe and close confine-
ment until by his Ma''*^^* comand they were sent for England to
answer Avhat might be objected them. Where, after sunnnons
given to the p'^tended Agents of New England and their twice
appearance at the Councill Board, nothing being objected by them
or others, they were discharged. In the time of his confinement
being denyed the liberty of discourse or conversation with any
p^son,* his own servants to attend him, or any communication or
correspondence with any by letters, he hath noe ii'"ticular knowl-
edge of their further i^roceedings, but hath heard and under-
stands : —

" That soone after the confinem' of his p''son, the Confederates
[took the] fort and Castle from the officers that had the command
of them, whom they also imprisoned, and dispersed the few sol-
diers belonging to the two standing Companyes then there, as they
did the rest, when they recalled the forces imployed against the
Indians Eastward (which two Companyes are upon His Mat^'*
establishment in England,) in w'^'^ service half a company of the
standing forces at New Yorke being also imployed, the officers
were surprised and brought prison'^'* to Boston, and the soldiers
dispersed, as the remaining part of them at New York were after-
wards, upon the revolution there.

''Those Members of His Mat'** Councill that were in confederacy
with the before mentioned popular Majcstrates and other chiefe

* Mass. Col. Rec, vol. vii. p. 31 : " The Councill consented to a vote of the Represent-
atives that Sir Eiimnnd Aniiros be tortliwitli removed to the Castle and carefully
kept and secured till further order, by a suflicient Guard."

28 PROVINCE OP NEW-HAMPSHIRE. [1689.

actors in the revolution, tooko upon them the goverment by the
name of a Couucill, who not content with the inconveniency
they had brought on themselves in the Massachusetts Colony,
but to the mine of the poor neighbors, on the twentieth of Aprill
gave orders for the drawing off the forces from Perayquid and other
gari'isons and places in the Easterne parts, far witliout the lyinitts
of their Collony and where the seate of warr with the Indians was,
and to seize severall of the officers, and for calling home the ves-
sels appoynted to gard the sea coast and fishery ; which was done
accoi'dingly, and the forces disbanded when most of the soldiers
belonging to tlie standing Companys there, were dispersed; of
which, and their actings at Boston, the Indians having notice,
. . . and by the assistance of the French who have been seen
amongst them and engaging of severall other Indians before
unconcerned, increased their numbers, that in a very short time
severall hundred of their Maj'"' subjects were killed and carried
away captive ; tlie Fort at Pemyquid taken ; the whole country of
Cornwall, the greatest part of the Province of Maine, and part of
the Province of New Hampshire destroyed and deserted ; and the
pi'incipall trade of that countrey 'w"^ consisted in a considerable
fishery, the getting of masts, yards, &c. for the supply of his
Maj"^ navy Royall, and boards and other lumber for the supply of
the other West India plantations, is almost wholly ruined.

" Since this insurrection and alteration in New England they
doe tolerate an unlimited irregular trade, contrary to the severall
acts of Plantations, Trade and Navigation, now as little regarded
as in the time of their former Charter Government ; they esteeming
noe laws to be binding on them but what are made by themselves,
nor admitt English LaAVS to be pleaded there, or appeales to his
Ma''*' : And many shipps and vessels have since arrived from Scot-
land, Holland, Newfoundland and other places prohibited, they
haveing imprisoned His Ma"*"^ collector, surveyor and searcher,
and displaced other Custom house officers.

" Humbly submitted by

[Endorsed,] "E. Andros."

" S"" Edmond Andros's acco'
" of the State of New England
" under his Government.

'' ReC^ 27 Mav, 1690."

1C80.] ANDROS'S ADMINISTRATION. 20

Order for sending Sir Edmund Andros to
England.

[Mass. Hist. Coll., vol. vii. 3d scries, p. 191.]
To sncli a.s for the time being take cai'C for presci'ving' the peace
and administering- (lie laws of onr Colony of the Massachusetts
Bay in New England, in -i\jnerica.

"Wirxi.vM R.

Wliorcas Sir Edmund Andros, T\nt. late GoTcrnorof our domin-
ion of New England, has been seized by some peoj^lc in Boston,
and is detained under close confinement there, together with
Edward Randolph, John Trefrey, and divers other our subjects ;
who have humbly requested us that they may be either set at
liberty, or sent in safe custody into England, to answer before ns
wliat may be objected against them: We do hereby will and
require, that the said Sir Edmund Andros, Edward Randolph,
John Trefrey, and others our subjects, that have been in like man-
ner seized by the said people of Boston, and shall be at the receipt
of these our commands, detained thei'e under confinement, be
forthwith sent on board the first shipp bound hither, to answer
before us what may be objected against them : and that you take
care that they be civilly used in their passage from New England,
and safely conveyed to our royal presence.

Given at our Court at Whitehall, this thirtieth day of July, 1689,

^n the first year of our reign.

By his Majesty's command,

Nottingham.
[With the royal seal.]

30 PROVINCE OF NEW-HAMPSHIRE. [1689.

Unsettled State of the Province of New-HampsJiire,
from April 18, 1689, to 1602.

April 23, 1689. At the Council for the safety of the people and
conservation of the peace, — [in Boston]

Ordered, That Maj. Richard "Waldren be appointed commander-
in-chief of iha New Hampshire Regiments; Maj. Charles Fi'ost,
commander-in-chief of the West Regiments of the Province of
Maine. — \_Mass. Col. Rec.,yo\. vi. p. 6.]

Oct. 10, 1689. A letter was agreed upon to be sent to the Gen-
tlemen of New Hampshire, viz. Mess"^ Richard Martyn, AVilliam
Vaughan, Richard Waldron, to desire that some person might be
sent as an agent for their Province to meet the Commissioners of
the Colony at Boston, the 18* instant to consult of the aflairs of
the Warr, &c. — [J/ass. Col. Rec, vol. vi. p. 81.]

[Copied from Hampton Town Eecords, by Joseph Dow, Esq.]
Proceedings of the People at Hampton.
" Att a meeting of y*' Towne of Hampton this 22 of October
1689 Having then received ifrom the Honorable y* Govenore of
y" Maschusits Colony Intimating y^ i-eadiness of y** confederate
colonys (viz) of Plimouth & Coniticote ffor y^ vigorus prosicntion
of sayd warr against y'' comon enemy & expecting y'' Province of
New Hampshire shonld send a comishoner to consider and agree
so far forth as is reasonable with y*" sayd comishoners ffor y"^ vig-
orus prosicutiou of sayd warr against y*" comon enemy — wee
therfore of the Towne of Hampton consideringe y® charge
and great expends in severall ernergincyes that hath hapned
since the murtherous invasion of the Endien Enemy And not
knowing how ftlir it may ffothur proceed wee agree now to send
according to request A comishoner tlbr to debate and considerr of
what is expedient ffor y"^ ffuter And hould ourselves bound ffor
to comply with those meathods that shall be agreed on ffor y^
defence of our country and ourselves ffor any time hereafter y^
date hereof. Voted.''

"Thes men doe decent ffrom this vote.
"Henry Dow, William Martin, Henry Moulton, Daved Wedg-
wood, AVilliam Sanbourn, senior, Jno. Redman, juner, Phillip
Towle, senior, Samuel Carr, Ebinezer Perkins, Christopher

IG^D.] UNSETTLED STATE OF THE PROVINCE. 81

raliiior, Jacob Perkins, Samuel Masteii, Mcphebosheth Sanbourn,
Tln)iiKi>; Niuld, Abraliaiii Cole, Joliii Lovitt, licnianiin ]\IouUon,
Avon Sleeper."

*' Att a meeting of the Toicne of Hampton, 18 decemher, 1089,
'' :>'>■ Att y* same meeting the Towne considering the unsseteled
estate tliat we are in fibr want of Gouermeut and so the more in-
capasitcd to defend our selues against the invation of any Enemy
doe think meet tliat some persons be chosen to meet witli some per-
sons de[)uted by the seuerall Towns in tlie prouince to consider
and debate Tlie matters that may be now Incumbant upon us And
make lleport of their Advice To the Towne att a*-' next Towne
meeting flFor their approbation or otherways. The persons so
chosen as aboue was IVI'' Nathaniel "Wire Capt. Samuel Shearborn
and Ensigne Henry Doav. Voted.

'' Abraham Green descnt" [dissents].

" Att a puhlique meeting of the Towne of Hampton 20 Jenuary
1689 [90] ffor as much as since y" late reuolution in y*' masitusitts
colony no orders ffrom Their Majesties haue yitt ai'iued tfor y'^ set-
elment of Gouerment in this Prouince And no authoritie being
left in tlie prouince But that of y° late Justicis which considering
onr pressent cercomstance cannot ansAver that End of Gouerment
(uiz) the llaysing of men mony &c fibr our defence against y"
comon Enemy And y* neigliboring Towns Poi'tsmouth and Doner
hauiiig considered that tliere is a pressent nescesitie of flaling into
some meathode of Gouernment in order to our delence against our
professed Enemeys And thay liauing chosen sixe persons in Each
ToAvne as comishoners to meet Avitli y*' comishoners of y'= other
Townes in y^ Prouince to confer about and Eesolue upon a
mcathod of Gouernment in this Prouince The sayd comishoners
hauiiig sent to us to desire us to Joyne Avith them And to send
our comishoners Avith lliill poAver to agree upon a mcathod of (gou-
erment As they haue We therefore y*^ Inhabitants of the ToAvne
of Hampton in ansAver to their request haue agreed to send thes
sixe persons as our comishoners to Joyne with y" comishoners of
y^ other Toavus in y'' Prouince to confer about and resolue upon a
meathod of Gouernment Avithin this Prouince And Avhat y" sayd
comishoners of the Avhole Prouince or the majcr part of them sliall
conclude and agree upon as to y" setelment of Gouernment
amonst us If thes our sayd comishoners (uiz) Henry Green Esq™
Ensign Henry Dow M'' Nathaniel Wire Capt. Samuel Sherrborne
Morris Ilobs Senior and M"" EdAvard Gone in discorsing and agree-

32 PROVINCE OF NEW-HAMrSHIRE. [1689.

ing about y^ same if thay or y^ majer part of them shall so Just cause
to comply and agree with the other comishouors as to y^ way and
meathod of Goucrnment that sliall be setteled amonst us And
shall subscrib therto we the Inhabitants of y*" Towne of Hamp-
ton Eeposiug espeaciall Trust and confidence in our sayd comish-
oners what thay shall agree to ; or the majer part of them We
shall hould as good and valued to all intents and purposes : Hereby
obleidging our seines to yeild all ready obeadience thereto untill
Their Majesties Order shall ariue fFor y^ setelment of Govierment
over us. Uoted."

" Thes men decent Joseph Shaw Henry Moulten "William Sam-
born senior Jonathan "Wedgwood John Hussy Ben : Swett John
Smith (Tayler) Ephreham Maston James Maston."

"Att a meeting ofy^ Toione of Hampton October 26 : 1691,

1st the inhabitants then meett uoted that thay owned it then to
be a Towne meeting

21y M"" Nathaniel "Weare was then chosen Moderater ffor that
meeting

Sly Receiuing a letter flTrom Capt John Pickerin by y^ order of
majer Uaughau wherein is Requested that some men be sent To
Portsmouth To Aduize what is most requissitt t% needfull to be
done in our defence against the comon Enemy we haue made
choyce of M'^ Nath^^ "W^eare Henry Dow and M"" Joseph Smith as a
committee to treat with the gentlemen of this prouince that shall
now meet according to Ms letter : and what shall be our propor-
tion of charge fibr men & pay in order to our fFuter defence we
hould our selues obleidged too in that meathod as our sayd com-
ittie or two of them shall agree and subscribe too Uoted."

Proceedings at Dover.

A public Town Meeting appointed to be held at the Meeting
house upon Dover Neck, 28 October, 1689, the inhabitants of sd
Town being met, Voted, the s<^ meeting to be legal.

At a puhlic Town meetitig held at Dover, this 28"^ October, 1869,
Voted That Lett. Jno. Tuttle is chosen to open the votes at
Portsmouth for y^ choice of a Commissioner, by y* majority of
votes, for the joyning with the Commissioners of the United Col-
onies, and to join with the rest of the Representatives of this
Province, in giving such instructions to the sd Commissioners as
shall be thought meet, for the vigoi-ous management of the jires-
ent war.

1689.] UNSETTLED STATE OF THE TROVINCE. 33

ITeio Hampshire, Dover Ifeck, in New England.

At ix publik Town INIeoting' hold Jan. 1, 1G89-90,

Wlu'ioas this rrovinco since tiic hist Ik'vohitiun in tlic Massa-
chusetts C()h)ny have been destitute of Government, and lias hitli-
crto "\vei<>lited tlicir Maj"" order for a settlement thereof, AVch not
yet arriving and seeina' a ])resent necessity of falling" into some
method of (jroverinuont in order to our defence against the common
enemy ;

Voted — Nemine contradicente,

That six persons be chosen in this town as Commissioners to
meet Avith the Conunissioners of the other Towns of the Province
to confer about and resolve upon a method of Government within
this Province, and what tlu^ said Conunissioners of the whole
Province or the main part of them shall conclndc upon and agree
as to the settlement of Government among us, Wee the inhal)itants
of Dover shall hold as good and valid to all intents and ])urposes,
hereby oblig'ing ourselves to yield all ready obedience thereunto
until their jNIajes'" order shall arrive for the settlement of Govern-
ment over us.

The persons chosen by the majority of votes of the Town are,

Capt. Jno. Woodman,
Capt. Jno. Gerrish,
Left. Jno. Tuttle,
Mr. Tho. Edgerly,
Left. Jno. Roberts,
Mr. ISTicolas Follet.

This passed a clear vote in the Town Meeting in Dover ^Meeting
house this first dav of January, 1689. — [Toum Bee. Dover, Hist.
Mem. No. 80, A. H. Q ]

Proceedings at Exeter.
" At a Townc Meeting at Exeter December y" 25"^ 1689,
Then chosen to meete the messengers of the province to consult
about settling Matters for this Towne,

Eob' Wadleigh, sean'".
Ensine Will™ More.
Sam" Leavit.

Also these three men are Impowered after they Return home to
conveane the people together to Receaive the opinion of saied
people of the other towns."

A true copy of record.

Attest, J. S. Parsons, Town Clerk.

Exeter, December, 1867.
3

34 PROVINCE OF NEW-HAMPSHIRE. [1689.

[Extract from the Records of the Town of Portsmouth, N. H.]
Proceedings at Portsmouth.

" Portsni" January 30"' 1689.
At a o'cnerall Towne Meeting Where as since the late Revo-
lution lu the Massachusetts Colloney hath bin destitute of
Govermcnt this Province hath bin destitute of Govcrment, and
have "Waited their majs' order for a Settelment there of which not
yet Arived And seeing a present necessety of falling into sum
method of Goverment in order to our defence against the Comon
Enemy

Voted y' Six psons be chosen in this Town as Comission" to
meet wth y® Comission" of y'= otlier Towns of y*^ Province to
conferr about & resolve upon a Method of Govenm' w*in y" Prov-
ince, & what y* s"^ Comission" of y^ whole Province, or y^
Maj'' p* of y™ shall consider of & agree uijon as to y'^ settlement
of Govenment among us, we y'= Inhabitants of Portsm" shall hold
as good & valid to all Intents & Purposes, hereby obliging
ourselves to yield all ready obedience thereunto, imtill theyr
Majesties order shall arrive for \^ settlement of Govei'nment
among us The six Comission" chosen by y* Major vote are
Major AVilliam Yaughan
M'-PiichMYaldron
M^ Nath. Fryor
M-^ Rob' Eliott
M^ Thos Cobbett
Capt Jno. Pickerin
Tlie Comittee above met w"" y
Other Town% but came to no Conclusion."

A true extract from the original records.

Attest, ISLvRCELLUS BuFFORD, City Clerk.

New-Hampshire Petition.

The hu^ible address of the inhabitants and train soldiers
OF THE Province of New-Hampshire, February 20, 1689-90:

To the Honorable, the Governor and Council of their JTajesties'
Colony of the 3Iassachusetts Bay, in New-Pn gland:
Humbly sJioiveth, that whereas, since the late revolution in your
colony, you have exerted a power of government over their Maj-
esties' subjects and inhabitants therein, which we are given to

1CS7.]

UNSETTLED STATE OF THE PROVINCE.

uiulcrstand their Majesties have been graciously pleased to u])-
jirove of, and impowered you to continue the same till furtlior
order; and we, who were under your j^overnment, having been
for some time destitute of jjowcr sufficient to put ourselves info a
capacity of defence a<;ainst tlie common enemy; and luivin<(, Avitli
great expectation, awaited their Majesties' order for a settlement
amongst us, which, not yet arriving, considering how liable also
we are to destruction by the enemy, which of ourselves we can-
not prevent, w^e are therefore necessitated at present to supplicate
your Honors for government and protection, as formerly, until
their Majesties' pleasure sliall be known concerning us: hereby
obliging ourselves to a due subnnssion thereto, and payment of
our equal proportion (according to our capacity) , of the charge
that shall arise for the defence of the country against the common
enemy; praying also that such persons may be commissionated
to command tlie militia as have already been or shall be chosen by
the trained soldiers in the respective towns, desiring your Honors
to grant us this our request, and your petitioners shall ever pray.

Christian Dodevah,
Andrew AViggiu,
Thomas AViggiu,
Thomas Head,
Thomas Wiggin,
Simon Wiggin,
Isaac Cole,

Roger Keller [or -ley] ,
George Person,
George Veasie,
Wid. Morgan,
Samuel Powell,
"William Wentworth,
Nicholas Gorden,
Philip Hanson,
Jonathan Clai-ke,
Thomas V'easie,
Alexander Gorden,
John Doolor,
Silvanus VVentworth,
Thomas Dudlee,
Moses Gilnian, Jr.,
Joan Fickett,
John Sinklce,

Kathauiel "Wright,

Thomas Wiggin,

The mark X of Philip Duday,

"William Hilane,

John Wadleigh,

Daniel Bean,

"William Ardell,

Samuel Hilton,

The mark X of James Thomas,

Charles Glidden,

The mark X of Robert Smart,

The mark X of Ed. Rowe,

William Hilton, his X mai'k,

William Perkins, his X mark,

Robert Smart, Jr.,

John Symons, his X mark,

Henry Williams,

John Wheeler, by order,

John Hilton, ''

Steven Robeson,
Robert Wadlee,
John Sinkler, Jr.
Ed. Daniel,

PROVINCE OF NEW-HAMPSHIRE.

[1687.

Kobert Powell,

Mark Stacey,

Ben. Jones,

Humphrey Willson,

Echvai'd Gilman,

Peter Coffyu,

Edward Gilman,

John Gilman,

John Foulsam,

John Gilman, Sen.,

Xathauiel Pinkham,

Moses Leavitt,

Kinsley Hall,

Francis Lyford,

The mark X of Philip Cotter,

Stephen Dudley,

Jfathaniel Ladd,

James Gilman,

The mark X of Edward Dyar,

Moses Gilman,

Jodel Judkin,

Ephraim Foulsham,

John Wilson,

William Mooi'e,

Tho, Rawlins, his X mark,

Nehemiah Lee,

John Gillman,

William Taylor, his X mark,

David Larance,

Billy Dudley,

Samuel Leavitt,

Theopliilus Dudley,

Jonathan Tiling,

Samuel Gilman,

Theo. Smith,

Samuel Bean,

Samuel Thing,

John Bean,

Ehazar Elkins, his X mark,

Thomas Skees, his X mark,

The mark of Nicholas X Nares,

John Scribner,

The mark of John X Bean,

Natha. Hall,

Ed. Messer,

Rich. Shannon,

Tho. Jackson,

Will. Scammon,

Richard Morgan, Jr.,

Geo. Roberts,

Henry Langstaffe, sen., his X

mai'k.
Rich. Rowe, his X mark,
John Camn,
John Nutter,
Henry Lancaster,
George Brown, his X mark,
Samuel Rowlenes,
Joseph Stower,
John Keniston,
Ichabod J. Rawlins,
James Sinkler,
Ben Loot,

George Ricker, his X mark,
John Foster,

Maturin Ricker, his X mark,
John Willey, lais X mark,
John Cook, his -(- mark,
Elizabeth Ilorne, her -\- mark,
Mark Goyles, his -{- mark,
William Kin,
Joseph Cann,
Edward Allen,
John Cooke, his X mark,
John Ellis, his -|- mark,
William Waymouth,
Thomas Roberts,
William Wills, his -\- mark,
John Duren,
Thomas Austin,
Isaac Stokes, his X mark,
Tho. Whitehouse, his -\- mark,
Leonard Hamilton,
Hateevil Roberts,
Joseph Roberts,
Ralph Hall,

1689.]

UNSETTLED STATE OF THE PROVINCE.

David Eobison, his X injirk,

The mark of Anthony X Hern,

Jcroniiah (iihnau,

Nuth. Fryer,

John Deny, liis X mark,

John Churcli,

llobert Evans, senior,

Samuel Heard,

Tlionias Downes,

Ezek. Weutworth, his X mark,

John Hani,

Jeukin Jones,

Gersham AYentworth, his X

mark,
Nath. Heard,
John Cook, his X mark,
Francis Pitman, his -f- mark,
John Home, his -\- mark,
Jolin Hayes,
Robert Burnam,
Jei'cmiali Burnum,
Ricliard Duallons,
Jolm Buss,

Josepli Mcder, his -)- mark,
Jolm Meder, junior,
Steplien "Wllley liis X mark,
Josepli Davis,

Earned Squire, liis -|- mark,
Nicholas Dunn,
Moses Davis,
Beriah Higgins,
Thomas Bickford,
Charles Adams, C. A. his mark,
William Wiltens, his X mark,
Benjamin Matthus, his -|- mark,
John Bunker, B. O. his mark,
Joseph Kent,

Salathicl Denbow, his X mark,
Stephen Jenkins, his X mark,
Philip Doulcs, by order,
William Durgen, by order,
Thomas Grafton,
Jolm SkipAvaj',

John Roberts,

Tho. Tebbets,

William Furber, senior,

Ivoiicr Roscar,

Jolm Bickford,

Robert Elliot,

Thomas Cobbctt,

John Hatch,

Shadrach Walton, by his order,

Joshua Fryer,

Elias Stileman,

Kath. Fryer, junior,

John Davis,

James Smith,

Nathaniel Hill,

Jolm Cotton,

John Woodman,

John Gerrish,

Thomas Packer,

Thomas Edgerly,

Jno, Rand,

Zecharias Foill,

Tho, Roberts, T. R. his mark,

John Hale,

Thomas Young,

William Furbur,

Thomas Chesley,

Philip Cheles,

Robert Watson,

Stephen Jones,

Thomas Ai'sh, his -|- mark,

Edward Lethers, his -)- mark,

Philip Chesley, his -{- mark,

John Pitman,

James Derry, his -\- mark,

Charles Allin,

John Johnston,

John Foss, his X mark,

Tho. Lewis,

John Sherburn,

John Cate,

Richard Goss, his -|- mark,

Ed. Kascr, liis -|- mark,

PROVINCE OF NEW-HAMPSHIRE.

[1689.

Samuel Wentworth,
John Tucker, senior,
George Snell,
John Clienolhi,
The -|- mark of Splan Lovell,
Daniel Wentworth,
The R. mark of Richard Monson,
The 4- mark of Pettie Bait,
John Jackson,

The -\- mark of Lewis "William,
John Davis, junior.
The X mark of Robert Pudding-
ton,
Samuel Xeal,
William Cotton,
Samuel Wentworth,
Jolin Baillett, his -|- mark,
John Snell,
Aaron Moses,

The mark -|- of "Wm. Richards,
John Holmes,
Samuel Burnum,
George Walker,
Wm. Seavey,
John Sevay,
Nathaniel Sevay,
The mark X of Thomas Davis,
George Tebly,
The mark X of Sam. Rand,
The mark X of Francis Rand,
The mark X of Chellis Bracket,
The mark X of John Warden,
Walter Neal,
John Pickerin, sen,,
Tobias Langdon,
John Partridge,
W. Partridge,
John Fletcher,
Samuel Blagdon,
Jno. Plaisted,
Elisha Plaisted,
Samuel Clark,
Matthew Nelson,

William Pitman,

Edward Cate,

Nathaniel Ayers,

Fi'an. Jones, liis -j- mai'k.

The + mark of Peter Wells,

John Savage,

John Philbrook, his -|- mark,

The -|- mark of Robert Kinck-

bon,
Mark Ayers,

The -f- mark of Thomas Evy,
John Bruster,
John Wesbruck,
Richard Waterhouse,
Geoi'ge Fabin,
Elisha Friard,
Richard Webber,
John Oliver,
Tho. Lucey,
Jacob Lavers,
Tho. Beck,
Jonathan Lewis,
Nicholas Walden,
John Tucker, junior,
Edmund Keerick,
Daniel AYestall,
John Treenick,
John Hill,
Henry Sherburn,
Abraham Lewis,
William Deves, his X mark,
Nicholas Bennet,
Timothy Davis,
The -|- mark of Thomas Pud-

dington,
Thomas Jackson,
Thomas Edments,
James Tucker,
William Cate,

The -\- mark of Job Westbrook,
John Pickerin, junior,
William Bond, his -\- mark,
Richard Martyn,

1G98.]

UNSETTLED STATE OF THE PROVINXE.

Geo. IIaulln<r,

Joseph Alexander,

John AVakcom,

John Baker,

Benjainiii Cotton,

Obadiah Morse,

John Westbrook, liis -\- mark,

John Denest,

John Shcrborn, senior, by his

order,
Nathaniel Drake,
John Foss, sen., his -)- mark,
John Berry, sen., his X mark,
William Wallis,
The X mark of George Wallis,
John Sherburn,
The X mark of Issem Misvoy,
The X mark of Jestenyan

Richards,

Thomas kam,

The X mai'k of John Lewis,

John Partridge,

Philip Lewis,

The X mark of Leonard Weeks,

John Emlen,

Edward Gove,

The X mark of Morris Hobbs,

John Moulton, senior,

Daniel Tilton,

The X mark of Isaac Godfree,

Thomas Webster,

John Sanbourn,

John Taylor,

John Godfree,

Morris Hobbs,

Joseph Sanbun,

Jonathan Philbrick,

Abraham Drake,

William Vaniilian,
llichard Wuldron,
Samuel Keats,
Samuel Penhallow,
AVllliam Partridge,
John Cutt,
John Light,
John Smith,
Humphrey Perkins,
Thomas Dearborn,
The mark X of William Lane,
Nathaniel Bachilor,
The mark -f- of Samuel Shaw,
John Moulton, jun.,
Nathaniel Sanborn,
Samuel Sherburne,
John Tuck,
Daniel JJuicard,
Edmund Johnson,
John Leavitt,
Joseph Cass,
William Field,
Benjamin Fifield,
Nathaniel Bacheler, jr., by or-
der,
Samuel Colcord,
Joseph Moulton,
Richard Sanbourn,
Christopher Page,
Abraham Drake,
Benjamin Molton,
Isaac Maston, his -\~ mark,
Samuel Robay,
John Cram,
Samuel Fogg,

The mark -f- of Aaron Sleeper,
Thomas Philbrick, sen.,
Mr. + Sowter.

40 PROVINCE OP NEW-HAMPSHIRE. [1G89.

iVe w-IIa mjish ire Pet it io n .

Province of New-Hampshire, March, 1689-90.

To the Honorable the Governor and Council of their Majesties'

Colony of the Massachusetts.

Whereas the inliabitauts of said Hampshire did petition your
Honors for government and protection as formerly, promising
obedience thereto, and payment of their equal proportion of the
charge that shall arise for defence of the countiy against the com-
mon enemy, as also that the persons chosen to take the conduct
of the militia might be commissionated for that end, a list whereof
I understand do herewith present, praying, in the behalf of the
Pro\dnce, that commissioners for each of them in their places may
be sent, both for military and civil officers, as also such orders to
the major treasurer and recorder as your Honors shall judge most
suitable for doing their duty in their places.

Also, that if it may be thought convenient that deputies or dep-
uty may be sent from the General Court or major-general to the
major of our Province, for disposing of the militia in each town
with the comity of militia, as may be thought most condueible to
the defence of the Province, and also, as occasion may serve, to
impress men :

And that your Honors would please to order what is best to be
done with a negro murderer, which is in our Province in irons ;
I)raying that your Honors would consider each of these jDarticu-
lars, and that I may be dispatched as soon as possible, that so we
may get into some order for our preservation against the common
enemy, wliich may be on us before we are aware of. This in
behalf of the Province aforesaid.

Subscribe youi- Honor's most hiunble servant,

JOHX PiCKERIK.

New-Hamjiskire, for Province Officers.

Dover 3Iilitary Officers. — John Gerrish, Captain; John Tuttle,
Lieutenant; William Furbur, Ensign.

Portsmouth IfiUtary Officers. — ^Y2^.ieT Neal, Captain; John
Pickeriu, Lieutenant; Tobias Langdon, Ensign,

Oyster Btver. — John Woodman, Captain; James Davis, Lieu-
tenant; Stephen Jones, Ensign.

Exeter. — ^Y\\\\?im. Moore, Captain ; Samuel Levett, Lieutenant ;
Jonathan Thing, Ensign.

Great Js/anf?. — Xathaniel Fryer, Captain; Thomas Cobbett,
Lieutenant; Shadrach Walton, Ensign.

1689.] UNSETTLED STATE OF THE PROVINCE. 41

Hampton. — Samuel Shcrburu, Captain; Edward Gove, Lieu-
tenant; Jolui Moltou, Eusi<i:n.
Mr. William Vuuj;iian, Major.

]\[r. Sum. Pcmliallow, Tredsurer; John Pickcrin, Recorder; 'Mv.
William Vauglian, Mr. llichard Marten, Mr. Nathaniel Frier,
Justices of Portsmouth.
For Dover — Mr. John Gerrish, '*
For Exeter — Mr. Robert Wadlee, sen.

The above written is a list of the several officers' names pre-
sented from each town in the above said Province, and to be pre-
sented to the honorable governor and council of the Massachu-
setts Bay.

John Pickerin, by order.
Voted in the affirmative by the magistrates :

IsAiAU Addingtox, Secretary.
March 19th, 1GS9-90.

Consented to by the deputies :

Ebenezer Prout, Clerk.

Upon reading and perusal of an act of the honorable Governor
and Council, dated the 28th of February last past, in answer to a
petition of the principal gentlemen and inhabitants of New-Hamp-
shire, for protection and government from this colony, as formerly,
until their Majesties' pleasure shall be known concerning them,
and the commissionating of officers to take the charge and the
command of the militia there ; — This court do hereby manifest
their consent and approbation of the said act of the Governor and
Council in that behalf, and do further consent that their Majesties'
subjects of said New-Hampshire be taken under the protection
and care of this government, upon the same conditions in all re-
spects with the inhabitants of this colony.

[Mass. Court and Col. Eec, vol. vi. p. 195.]
"Whereas the inhabitants of the Province of New-Hampshire
upon their Petition have been taken under this government, and
protection thereof until their Majesties' pleasnre shall be further
known concerning them, and have accordingly obliged them-
selves to the payment of an equal proportion with the rest of the
Country of all charges arising by this present warr. Its ordered
that y"* Secretary write a letter in the name of this Court to the

42 PROVINCE OF NEW-HAMPSHIRE. [1689.

Justices of Peace -svithin said Province directing them or the
major j^art of them to send forth particular summons to their re-
spective Towns to choose and impower two meet persons, from each
ToAvn to assemble together with the said Justices, or the major
part of them at Portsmouth on the 23d of June, inst, the said
assembly to take eflectual care to have the claims and accounts of
all public documents adjusted, and a present assessment and Levy
to be made upon the inhabitants of that Province in such way and
manner as may be agreeable to former custom amongst them, or
otherwise most acceptable, to be collected, and paid into the
Treasury of said Province, and issued thence for payment of said
Disbursements by order of said Justices in their auditing and
adjusting all accounts of disbursements & service done relating to
the warr, to proceed according to such rules and methods therein
as have been attended by the Committee appointed in Boston for
that end.

[Mass. Court and Col. Rec, rol. vi. p. 140.]

Ordered that sixty of the four hundred soldiers appointed to be
raised by order of this Court be put under the Command of Capt.
John rio}'d, and forthwith posted at Portsmouth, East Hampshire,
for the further enforcement and strengthening of that Port, and
otherwise to be impowered against the Common enemy as they
sliall be ordered.

[Mass. Court and Col. Rec, vol. vi. p. 143.]

Messrs. John Foster, Edward Bromfield & Joseph Parsons, Com-
esiouers for the War, are desired and ordered forthwith to pro-
vide, and send forward unto Portsmouth & Wells, the quantity of
Provisions, clothing and other necessaries herein mentioned, on
the public account, for the supply of the soldiers posted in those
parts, viz. nine thousand weight of Bisquets, twenty bbls. Pork,
Twenty Bushels of Pease, One hundred shirts, Fifty Coats, Waist-
coats and Drawers, Forty Hats or Capps, one hundred pair of
shoes, one thousand of Flints, two bis. sugar, and two Hhds of
Ehum, Four Hundred weight of Tobacco ; Such of the above par-
ticulars as are returned here from Port Royal, to be improved for
this supply — one half to be sent unto Portsmouth, and the other
half to Wells.

1689.] UNSETTLED STATE OF THE PROVINCE. 43

[Coll. N. n. Ili.st. Soc, vol i. p. 135.]

Copy of a Letter from JS'uthaniel Wenre, Esq., to Major Robert

Pike, one of the Assistants of Massachusetts Colony.
Major Pike.

Honoured Sir. The many rovolulious .and chainji'es that ha.s
happened abroad is very wondcrrnll and ahno.st aniazingc; Be-
sides what has hapncd amongc and upon ourselves is very awfull
and thinges loke very darke, the cousideratiou thereof is so
oppressive that [I] cannot but seke for some ease, and I know no
better way [as to man] then to eomniunicat some things to your
honour, from Avho.<e prudent direction I may receive mutch sasi-
flaction, and shall therefore crave the boldness to ofer a few lynes
to your consideration not to medell with thinges further ofl". I
shall, as brief as I may, ofer you what has happned in tliis prov-
ince of New Hampshire, and more portiquerly in the towne of
Hampton. Sir, it is no new thyngo to tell you how that him [Gov.
Andro.s] that was both governor in your colony and also in our
province was seazed and the occashon thereof, whereupon, wee had
only the Justices and Inferior officers left; the sui)erior command-
ers being layd aside, that great questions arose whether Justices
retayned theire power or any Captain, or other officer derivinge his
authority from him so seased : My opinion I shall alltogether wave
in that matter: But so it was that it was for the most part con-
cluded of, that we had no governors nor authority in this province
so as to answer the ends of government, and to command and doe
in the defence of theire majestys subjects against the comon enemy,
therefore many asayes was maid in this provance to make some
government till theire Majestys should take further order, but all
proved inetiectuall. At first there was in the severall Towns in
the Province persons chosen to manage the aflairs of government
in this juncture of time, but that was for some reasons laid aside,
afterward there was in the town of Hampton 3 persons chosen in
the towne of Hampton to meet with the Comiss : [Commission-
ers] of the other towns if they see cause to apoint any to debate
and conclude of what was necessary at this time to be done in
relation to some orderly way of Government and to make theire
returns to the severall Townes for approbation or otherwise. But
the inhabitants of Portsmouth met and made choice of some per-
sons to meet with the Commissioners of the other Towns to De-
bate and consider of what was to be done in order to the settle-
ment of some Goveruai3nt, till their Majestys should give order
in the matter.

44 PROVINCE OF NEW-HAMPSHIRE. [1689.

"What they did, they ingaged themselves certaiuly to comply
with. The inhabitants of the town of Hampton began to be very
jealous of their friends and neighbours that they would bring
them under severall incouA'eniences in comanding from them their
men, and mony as they pleased, and so were very hard to be
brouglit to any thing, but after severall meetings and debates, did
chose 6 persons as Comissioners, with power according to the
other towns (viz) Portsmouth, Dover and Exeter, and after debats
jointly and fully every man then present agreed to such a method
as was then drawne up. Tlien the severall towns was to nominate
and chose meet persons for the end aforesaid ; but whereas the
Inhabitance of the Towne of Hampton meet on Avarning for that
end, tlie major part by far of the said towne seemed to bee ferful
and suspicious of theyer neighbour towues [that] they did not
intend to doe as was pretended, but to bring them under to theyer
disadvantage, which I thought was very ill so to think, yet they
would give som instance of som former acts don, which notwith-
standing, I seposed they were too uncharitable.

And so they made a voat they would not chose any person ac-
cording to the direction of the Committee meet and so all proved
inefectuall. After some time the apprehention of the necessity of
some orderly way of government and therby to be in the beter
method to defend themselves against the comon enemy, seemed to
inforse them to another asay for the obtayning thereof, and so the
inhabitance of Portsmouth, drew up and signed, so many as did, a
pettition, as I am informed (for I never saw it,) to the honorable
the governor and councill of the Matathusetts Collony to take this
pi-ovince into theire care and protection, and government as foi'-
merly ; and so the other townes, Dover and Exeter comi)lyed with
it how generally I know not, and so brought to Hampton on
Wednesday, the 26"^ of February last past, when the soldiers were
there warned to appeare for consernes specified in said order, but
no intemation given for the end of signinge to the petition, so that
severall children and servants made up the number of names,
when theyer parrants and masters, its said, did knoAV nothinge of
the maters, and I doubt too true. It was quickly after by William
Yaughan Esq and Capt. John Piekeringe brought into the jn-ov-
ince declareing to bee excepted [accepted] by the said governor
and councell, with orders given forth to meet on such a day fo
chusinge of selectmen and constables and other towne oficers ac-
cording to former usage and custom as appears by order given to
Justice Greene, bearinge date the 4* of March, 1689-90, Coppes
I sepose yourselfe have. What was done on that day I need not

1689.] UNSETTLED STATE OF THE TROVINCE. 45

tell. Yourselfe knows very well. But this I shall insert — that
chnsin<^e of major treasnrcr, and recorder was not accordinge to
former usa<»'e and cnstom. It was prest by some to have it voated
Whetlier they would iii this towne of Hampton acquics and com-
ply with the pettition and the rcturne, or words to that elect,
■which yourselfe was pleased to say all would bee knoct on the
head at one blow. Now how comfortable it will bee for about 50
persons to prescribe the method and way of government for about
200 I shall leave to your honour to consider.

For my owne part its well knowne I am foi* government, and so
ai-e severall others whose names are not to the petition and hath a
great estcme of and good will to, the Matathusctts gov(!rnment,
and to those worthy persons that doth administer the same. And
with very littell alteration, I doubt not but many more would
have, if they miglit have their hands to the pettition ; but to have
hands in the several towns to the same petition to bee under the
government of the Mattathnsetts collony as formerly, when we
are so difterently sarcomstanced as som of us know wee have been,
is hard; to draw such a pettition and when such a petition is
drawn, subscribed as it is, and excepted [accepted] of, for the
subscribers to act contrary to the same is very strange. Formerly,
not to medell with the custom and usage of the gentlemen of Pas-
cataway, wee at Hampton had the choice of our magistrats and
publike oficers, as yourselfe knows ; and how the assistance or
magistrats at Portsmouth can grant any warrants or exercise the
administration of government over Hampton that never chose
them, I know not; so that upon the whole, the government of the
Matathusctts cannot I suppose exercise nor apoint any governors
over us till they have authority so to doe from the crowne of
England, or wee or the major part in the severall towns doe pray
for it which at present is not in Hampton as it plainly appears ; So
that to bee subjected to a government in the province and princi-
pally at Portsmouth, which have bin so much spoken against by
so many in Hampton will be very teadious to them; and the
chusinge of militery oficers as hath bin to give all due respects to
those persons, I shall not say of excedentell quallefications so well
knowne to yourselfe, but only say that ffranzey leaders may hap-
pen to have mad followers; so that to have a government so
imposed, what will 1 feare follow but destractions, hart burnings,
disobedience to the seposed conianders, publike diclerations, re-
monstrenses set forth that may reach as tar as England, and so
make way for a person to be deputed by the crowne of England,
that may, under the collor of Commission, exercise his owne will,

46 PROVINCE OF NEW-HAMPSHIRE. [1689.

not to speak of decleratioiis of userpations still continued in the
colloiiy. Some have thought forthwith publekly to declare them-
selves to the governors in said collony that all may be healed as
quietly and as sillently as it may bee, and I doubt not your wis-
dome will be exersised in this matter, and tliat wee may have
peace and unety with you, and that at length we may have a
happy peaseable settlement:

And that the God of peace would by all means geve us peace
and truth, is the desier and prayer of your very humble servant

ISTath" We are.

Hampton, this 15"' of March. 1689-90.

Documents relating to Wars with the Indians^

16ST-1690, including the Massacre at Dover,

June, 1689.

[Farni. Belk., p. 124.]

Origin of the War with the French and Indians, called King
William's War, 1688.

" The lands from Penobscot to Nova Scotia had been ceded to
the French, by the treaty of Breda, in exchange for the Island of
St. Christopher. On these lands, the Baron de St. Castine had for
many years resided, and carried on a large trade with the Indians,
with whom he was intimately connected. Tlie lands which had
been granted by the Crown of England to the Duke of York (now
King James the Second) interfered with Castine's plantation, as
the Duke claimed to the river St. Croix. A foi't had been built
by his order at Pemaquid, and a garrison stationed there to pre-
vent any intrusion on his proj^erty. ... In the spring of 1688,
Audros went in the 'Rose' frigate, and plundered Castine's house
and fort ; leaving only the ornaments of his chapel to console him
for the loss of his arms and goods. This base action provoked
Castine to excite the Indians to a new war." . . .

[N. Y. Col. MSS., vol. iv. p. 282.]
Extract of a Memorial from Mr. 2selson, dated 2d July, 1697.

''You may please to take notice that after the surrender of
Acadie unto the French, in the year 1670, by Sr. Thomas Temple,

1689.] INDIAN WARS. 47

the successive Governors of New York did (by virtue of orders
from England, as I suppose) make claimc unto part of said coun-
trys, that is to say, from Pentajfoet to the Kiver St. Croix, as hav-
ing of it inserted in tlie Duke of York's Patent. But the French
still kept possession until Sir Edmond Andross made an attempt
upon it, by sunnnoning in one Mr. St. Costeinc to acknowledge
his dependence on tlie Crown of England; — upon whose refusal,
he went with a Frigate to Pentagoet, pillaged his house of what
he found in it, but himself escaped; on ichich arose (by the said
Costein's instigation) the Indian war with which tee have ever
since been infested."

[N. Y. Col. MSS., vol. iv. p. 476.]
"Sr Edmund Andros when Governor of New York invaded
them (the country called Pentagoet westward to the Elver St.
Ci'oise Eastward) by force and took the habitation of one Mons.
St. Costene a Frenchman who thereupon instigated the Eastern
Indians to make War against us, with which war the frontier
Countries of New England on that side have been much infested."

[From Mass. Col. Rec, vol. vi. p. 6.]
"!Major Richard "Waldron appointed Commander in Chief of
New Hampshire ; Major Chai-ies Frost of the West Eegimeut of
the Province of Maine."

[The same, vol. vi. p. 8.]
" Messenger to be sent to make discovery of the number of
Indians at Penecooke; — Col. Barth. Gedney sent."

[The same, vol. vi. p. 13.]
" Wiolanset, the Penecooke Sachem Watamun, one of his chief
Captains, came down to the Council, manifesting their Friend-
ship to the English, and promist the continuance thereof, and to
secure any of the Enemy Indians that shall come among them."

Letter from JIaJor Henchman to the Governor of 3fassachusetts.
Hon'd Sir — This day two Indians came from Pennacook, viz.
Job IMaramasquand and Peter Muckamug, who report that dam-
age will undoubtedly be done within a few days at I'iscataqua,
and that Major "Waldron, in particular is threatened; and that
Julimatt fears that mischief will quickly be done at Dunstable.
The Indians can give a moi'e particular account to your honor.
They say if damage be done, the blame shall not be on them, hav-

48 PROVINCE OF NEW-HAMPSHIRE. [1689.

ing given a faithful account of what they hear; and are upon that
report moved to leave their habitation and corn at Pennacook.
Sir I was very loth to trouble you and to expose myself to the cen-
sure and derision of some of the confident people, that would pre-
tend to make sport with what I send down by Capt. Tom (alias
Thomas Ukqucakussennum.)

I am constrained from a sense of my duty, and from love to my
countrymen, to give the Information as above. So with my hum-
ble sei'vice to your honor, and prayers for the safety of an endan-
gered people,

I am, Sir your humble Servant

Tho: Hinchman.

June 23, [1689] .

Mr. Danforth communicated the information to Gov.
Bradstreet, who, with the Council, ordered a messenger to
Cochecho with the following : —

Boston 27 June : 1689.

Honored Sir. The Governor and Council ha^ang this day
received a letter from Major Henchman of Chelmsford, that some
Indians are come in to them ; who report that there is a gathering
of Indians in or about Penecooke with designe of mischief to
English, amongst the said Indians one Hawkins (Kankamagus) is
said to be a principle designer, and that they have a particular
designe against yourself and Mr. Peter Coffin which the Councill
thought it necessary presently to dispatch Advice Thereof to give
3'ou notice that you take care of your own safeguard ; they intend-
ing to endeavor to betray you on a pretention of Trade. Please
forthwith to Signify the import hereof to Mr. Coffin and others as
you shall thinke necessary and Advise of what Information you
may receive at any time of the Indians motions.
By order in Council,

Isa: Addington, Secry.
For Major EichVl Waldron,

and Mr Peter Coffin or either
of them

At Cochecho.
These with all possible [speed] .

1689.] INDIAN WARS. 49

Tlu' messenger hastened towards Cocliecho ; lie would
have been in season, but he was unavoidably detained at
Newbury Ferry, and he reached the place only on the
morniuji; of the 28th.

" Ou the evening of the 27th June, 1G89, two squaws, according
to the previously arranged plan, applied at each garrison house for
liberty to sleep in tluun : this was often done in time of peace, and
they were readily admitted into "NValdron's, Heard's, the elder
Collin's, and Otis's. At their own request, they were shown how
to open the doors and gates, in case they wished to leave the house
in the night. They told the Major that a number of Indians were
coming to trade with him the next day, and Mesandowit, who was
at supper, said, ' Brother Waldron, what would you do if the
strange Indians should come?' *I could assemble a hundred
men by lifting up my linger,' carelessly answered the Major. !No
watch was kept, and the family retired to rest.

" In the hours of deepest quiet, the gates wereopeiied. The In-
dians, who were waiting without, immediately entered, placed a
guard at the gate, and rushed into the Major's apartment. Awak-
ened by the noise, he sprang from his bed, seized a SAVord, and,
though over eighty years old, drove them through two or three
rooms ; but, returning for other arms, they came behind him,
stunned him with a hatchet, and overpowered him. Drawing him
into the hall, they then placed him in an elbow-chair on a long
table Avith a derisive cry, ' Who shall judge Indians now? ' They
then obliged the members of the family to get them some supper;
when they had finished eating, they cut the Major across the breast
with knives, each one with a stroke saying, " I cross out my
account." Cutting off his nose and ears, they thrust them into his
mouth; and when he was falling down, spent with the loss of
blood, one of them held his own sword beneath him : he fell upon
it, and his sufferings were ended." — Hist. 3Iem. Xo. Ill, A. II. Q.

"After the death of Major Waldron and the removal of the
family by the Indians, his house w^as burnt. Otis's garrison was
captured in a similar manner to AYaldron's. The owner, Richard
Otis, was killed, either in rising up in bed or on looking out the
window. His son Stephen and daughter iraiuiah were killed; the
latter, a child of two years, having her head dashed against the
stairs. The wife and infant child of llichard Otis, and two chil-
4

50 PROVINCE OP NEW-HAMPSHIRE. [1689.

drcn of Stephen Otis (Stephen and Xathaniel), were carried cap-
tives to Canada. Tln'ce other daugliters of Ricliard were cai-ried
away, but were recaptured in Conway. Heard's garrison was
saved. The door had been opened and the Indians were entering,
when William WentAvorth, who had been awakened by the bark-
ing of a dog, pushed them out, shut the door, and, falling on his
back, held it until the people came to his assistance. Two bullets
passed through the door, but both missed him. The elder Coffin's
house was similarly captured, but, as the Indians had no x)articular
enmity to him, they contented themselves with jjillaging his
house. Finding a bag of money, they forced him to scatter it by
handsful, Avhile they amused themselves by scrambling for it.
His son had refused to receive the squaws on the previous even-
ing, but the Indians, coming to his house, tlu'eatened to kill his
father before his eyes unless he surrendered: to save his father's
life he did so. These captives were placed in an empty dwelling,
but in the confusion they escaped. Of Paine's garrison, in its con-
nection with this attack, we know nothing: Gerrish's escaped.

" Five or six houses were burnt, as were the mills upon the lower
falls. Twent^--tln-ee persons were killed, and twenty-nine carried
away captive. Their names were preserved only in part. Of the
killed were Major Waldi'on, Abraham Lee (his son-in-law), Robert
Evans, Richard Otis, Stephen Otis, Hannah Otis, Joseph Dug,
Joseph Duncan, Daniel Lunt, Joseph Saunders, Joseph Buss,
"William Buss, William Ai'in, William Horn, and the widow of
Thomas Hanson ; of the other eight we know nothing.

*' Of the captured were Joseph Chase, Mrs. Lee (daughter of
Major Waldron), the wife of Tobias Hanson, the wife of Richard
Otis, Sarah Gerrish, Christine and three other daughters of Rich-
ard Otis, Nathaniel Otis, Stephen Otis, and John Church. We
cannot tind the names of the remaining seventeen." — Hist. Hem.
No. 116, A. H. Q.

Letter from Bkharcl Waldron, Jiai., Esq.
Portsmouth, 28"^ June, 1689 ; about 8 o'clock, morning.
Just now came ashore here from Cocheca John Ham and his
wife, who went hence last night homeward [with Mi'S. Heard]
(they living within a mile of Major Waldron) and about break of
day going up the river in a canoe, they heard guns tired but not-
withstanding proceeded to land at Major Waldron's landing
place, by which time it began to be light, and they saw about

1680.] INDIAN WARS. 51

twenty Indians near Mr Coffln's garrison, slioutinf?- and shouting,
as many more about Ricliard Otis's and Thomas Pain's, but saw
tlieir AVay to Major Waldron's, where they intended immediately
to secure themselves; but coming to the gate and calling and
knocking could receive no answer, yet saw a light in one of the
chambers and one of them say (looking through a crack of the
gate) that he saw sundry Indians within the garrison which sup-
posed had murthered Major Waldron and his family, and thcre-
ujion they betook themselves to make an escape, which they did,
and met one of Otis's sons who also escaped from his father's
garrison informing that his father and the rest of the family were
kilh'd. Quickly after they set sundry houses on tire. This is all
tlie account we have at present, which being given in a surprise,
may admit of some alterations ; but doubtless the most of those
at or about Cocheca are destroyed.
The above account was related to me.

EicHARD "VYaldkox, Jr.

Accompanying the preceding was the following : —

Portsmouth, 28* June, 1689.
Major Robert Pike.

Honoured Sir, — Herewith send you an account of the Indians
surprising Cocheca this morning, which we pray you immediately
to i)ost away to the honourable the governor and Council in Bos-
ton, and forward our present assistance, wlierein the whole coun-
try is immediately concerned.

"We are, sir, your most humble servants

•i Richard Martyn.

W" Vaughan.
Richard Waldrox, jr.
Tiio. Graftox.
Samuel Wentworth.
Bex Hull.
To the Honourable Major Robert Pike at Salisbury. Haste, post
haste.

It was received by Major Pike, who forwarded the papers
immediately to the Governor at Boston, with the following
addition : —

Salisbury, June 28, 1689, about noon.
Much Honoured.

After due respect these arc only to give your lionours the sad
accounts of the last nights providence at Cocheca, as by the
enclosed, the particulars whereof are awful.

52 PROVINCE OF NEW-HAMPSHIRE. [1689.

The only wise God, who is the keeper that neitlier slumberetli
nor sleepeth, is pleased to permit what is done. Possibly it may
be either better or worse than this account renders it.

As soon as I get more intelligence, shall, God willing", speed it to
your honors, pi-aying your speedy order or advice in so solemn a
case. I have despatched the intelligence to other towns, with
advice to look to yourselves. Shall not be wanting to serve in
what I may. Should have waited on your honours noAv, had I
been well. Shall not now come except by you commanded till
this bustle be abated. That the only wise God may direct all
your weighty affairs is the pra\'er of your honours' most humble
servant.

Robert Pike.

To the much honoured Syman Bradstreet, Esq. Govenour, and
the Honoured Council now sitting at Boston, these present with
all speed. Haste, post haste.

This paper is endorsed, —
'* Received about 12 at night, upon Friday the 28"^ June."

The following answer was returned to Portsmouth : —

Boston, 29^^ June, 1689.

Gentlemen. — The sad account given by yovirselves of the awful
hand of God, in permitting the heathen to make such desolations
upon Cocheca, and destruction of the inhabitants thereof, being
forwarded by the hand of Major Robert Pike, arrived the last
night about twelve o'clock : notice thereof was immediately de-
spatched to our out towns, that so they may pi'ovide for their secu-
rity and defence : and the narrative you give of the matter was
laid before the whole Convention, this morning, who are con-
cerned for you as friends and neighbors and look at the whole to
be involved in this unhappy conjuncture and trouble given by the
heathen, and are very ready to yield )ou all assistance as they may
be capable, and do think it necessary that (if it be not done
already) you would fall into some form or constitution for the
exercise of government, so far as may be necessary for your safety,
and convenience of your peace, and to intend such further acts as
the present emergencies require — this Convention not thinking it
meet, under their present circumstances, to exert any authority
within your Province. Praying God to direct in all the arduous

■1689.] INDIAN WARS. 5.3

aflairs the pooi' po()])l(' ol' (his cound'y liave at present to eiio-afc
in, and to rehnkc all our ciii'iuii's, desiring you would <r\yv us
advice from time to time of the occurrences willi \<)u.

Gentlemen, your liuniblc servant,

Isaac Audington, /Secr'f/.
Per order of the Convention.

r)atod as above said.

A'oted by the llcprescntatives in the atTirmative.

Attest Ebenezek Prout, Clerk.

Consented to by the (Governor and Council 29"* June, IHSl).

Isaac Addingtox, Secry.
For Messrs Pichard ]Mar(yii,
Wm. Vaugiian, Kichard Waldron &c.
at Portsmouth, these with all speed.

This paper is endorsed, —

" Despatched upon Saturday the 29"* of June '89, at 12 o'clock
at noon."

Accompanying the above is the draft of a letter whicli we
suppose "was written l^y the Governor : —

Gentlemen, — "We have read youi's informing- Gods sever hum-
bling hand sutfering the enemj' with so much violence and rage to
destroy and lay waste before them on so sudden a surprisal. AV^e
must all say the Lord is righteous: we have sinned. It is not as
you well know, in our power to direct in your matters authorita-
tively, but as friends, and under our [one] prince, are ready, to
our utmost to yield our assistance in helping j'ou with ammuni-
tion or anything in our power, men or moneys. It remains Avith
yourselves to meet and consider your own circumstances and put
yourselves in such a way (if not so at present) as may accomodate
the present emergency in the best manner ye may, and then let us
know what you desire and we shall serve you to our power.

Our present circumstances do not advantage us to impress men,
or levy money, but must do as we can. God help us all to hum-
ble ourselves under Gods mighty hands.

Aid was immediately dispatched to Cochecho, though no
further attack was then made.

54 PROVINCE OF NEW-HAMPSHIRE. [1C89.

From Capt. Gerrislis Garrison at Cochechae, 5"^ tTuIi/, 1089.
May it please yoiu- Hours.

On Weiisday evejiing Maji- Appleton wth between 40 and 50
men (most of Ipswicli) Arrived here accompaned with Major
Pike and yesterday morning wth wt additional force we could
make, marcht into the woods upon the track of the enemy abt 12
miles to make what Discovery they could, but returned in ye eve-
ning without any further Discovery Save ye dead body of one of
the cai)tive men thej* carried hence, nor since or last has any of
the enemy been seen hereabout, the fear we shall not long be
quiet but doubtless the main body are with drawn to a consider-
able distance.

We cannot but gratefully acknowledge yor honors Favour in
taking such care for or relief and Assistance, & are bold heartily
to ])ray the continuance of the same wth out wch we cannot pos-
sibly Subsist in or last wee humbly ofierd or opinion of the neces-
sity of a small pty of men whereby or i^eoi^le may be enabled to
preserve their selves and cattle & the sd Souldiers ready upon any
assault here or elsewhere to march to their assistance, wch wee
are comonly too late for. "Wee have obtained of Majr Appleton
with his compa. (who wd not stay wth out him) to continue wth
us at present (the rest being Volunteers wd be under no command
& soe are all wth drawn) & must beg upon his removal another
Supply else sd peoi)le will be utterly discourg'd & necessitated to
quitt their Stations at last for or neighbrs hereabt can yield us noe
assistance expecting daily ye Enemies assault on ym, soe are
standing on their own Guard. AYe beg pdon for this trouble &
remain

Much Honrd, yor most humble Servts

Wm Vaughan
Richard Waldrox

The preceding letter is in Waldron's handwriting.
The following was from Major Appleton, commander of
the soldiers sent to the relief of the Cochecho : —

CocHECiio W^ July, 1689.
Much Honrd. *

I have yors of 11* Inst where in you are pleased to advise (upon
my removall) to leave the imprest men here under the conduct of
Lift Greenleaf : now you may please to know yt of Imprest men
here are only 10 from Salem and 6 from Rowley wch with the 20
that came last make but 36 and Mr Greenleaf not being here know
not his inclination to this atfair & should I leave these 36 they are

1689.] INDIAN WARS. 55

80 ung[ov]ernable -would Doe but little eeiTice, foi- Ncwbcry
men here arc none those that came were Volunteers and fortlnvith
more AVillingly returned home. So that I humbly propose in
order to serviiiii- the people that are here left to prserving the
place that an addition of [o4 ?] men to these 36 ■wth a Discreet
conduct may suffice at present for this place, wch I beg yor ilonrs
to consider and faver me with an answer forth with for besides
the afflicting" Providence of God upon my family befor I came
from hence in bereaving me of two children, I have just now
advice of the death of a third together with the indisposition of
my wife & the cxterordinary illness of another of my children all
which necessitates my hasting home, however I am so Disposed
to the Defence of the countrey and the preservation of this place
in order to it yt am very unwilling to give ye people of this place
any Discoui'agement by my removal till I have yor Honors answer
hereto Avch I luunbly pray you to hasten wth all expedition and
if you se cause to send yor possetive order for the stay of these
men of Salem & Rowley that were Imprest men, who are full of
expectation of returning home wth me. As to the enemy we
have had no appearance of any considerable number, but sundery
skulking rougucs are Daily Seen both here [,] at Kittery & Oyster
River, or employment here hath been to range the Wods an to
guard & assist the people in getting in their corn which we are
still Daily psuing.
This wth my Himable service is all at Psent.

from your Humble servt.

Samll. Appleton.

[Col. N. H. Hist. Soc, vol. ill. p. 43.]

Extracts from the Journal of Rev. John Pike, the fourth settled
3Iinister of Dover, 1690.

"March 18. Salmon Falls was surprised by the Indians and
French, just after the manuer of Cocheclio — (1G89). The whole
place was destroyed by fire; 27 persons slain, and 52 carried
captive.

July 4. Seven persons were slain, and a lad taken at Lamprey
River. July 5. The enemy advancing towards Exeter, set upon
Hilton's Garrison, which Lt. Bancroft endeavoring to relieve, 8 or
9 of his men were slain. July 0. Captain Floyd fought the

56 PROVINCE OF NEW-HAMPSHIRE. [1C91,

enemy at AYheclwright's pond, bitt was forced to retire, with the
loss of 16 men. July 7. The enemy came doAvn upon Amesbury,
took Capt. Foot alive, killed Pliilip Rowell, and two more.

Au'y. 22. riienehas Hull with his wife, and llobert Yonng,
travelling- betwixt York and Kittcry, the said Y^oung was killed
by the Indians, and Hull's wife taken, but himself escaped.

Sept. 14. Amariscoggin fort taken on Sabbath day. Sept. 22.
Fight at Mequoit near Casco, the enemy fled, after they had by
sijrprise and ambushes slain and wounded 32 of our men; 8 of
whom were killed, rest wounded.

1691.

January 25. Monday, ten o'clock in the moi-ning, the Indians
fell upon Y^ork, killed about 48 persons, whereof the llev. Mr.
Dummer was one, and carried captive 73.

Sept. 28. David Hamilton, Henry Childe, &c. were slain by
Indians at Nuvichawannock. Sept. 29, — Many persons, to the
number of 20 or 21 killed and carried away at Sandy Beach.

Some time in July or August, this year, the French and Indians
came upon the English forces under the conduct of Capt. John
March, Capt. Daniel King, Capt. Samuel Shelburne, &c. at a place
called Mequoit, when most of the soldiers were gone aboard the
vessels ; the officers on shore had a sharp conflict with them, but
were forced to retire on shipboard, with the loss of Capt. Sher-
burne and some others. Lt. John Allen was here wounded, with
many more."

1C02.] GOV. Allen's commission. 57

Commission of Gov. Samuel Allen, with Instruc-
tions, 1692.

AVii.i.ia:\[ ami ]N[ai{v, J>ji the Grace of God of England. Scotland
France and Ireland, Kituj and Qi/een, Defenders of the
Faith, d'c,

To our truxty and vdl beloved Samuel Allex, Esq., Greeting.

"Wee reposing especial trust and confidence in tlic prudence,
courage and loyalty of you, the said Samuel Allen, out of our
especial grace and certain knowledge and mere motion, have
thought fit to Constitute and Appoint, and by these Presents do
constitute and appoint you, the said Samuel Allen, to be Our Gov-
ernor and Commander-in-Chief of all tliat part of Our rrovince of
Ke\v Ilampsiiire, witliin Our Dominion of New England, in
America, lying and extending itself from three miles northward
of Merrimac lliver or any part thereof unto the Province of
Maine, with the south part of the Isle of Shoals ; and we do
hereby require and command you to do and execute all things in
due manner that shall ])elong unto your said Command and the
trust we have reposed in you, according to the several powers of
directions granted or appointed you by this present Commission,
and the Instructions herewith given you, or by any further powers
or Instructions which shall at auy time hereafter be granted or
ajipointed you under our Signet or Sign maimal, and according to
suili reasonable Laws and Statutes as now are or hereafter shall be
made and agreed upon by you, with the advice and consent of Our
Council, and the Assembly of our said Province and Plantation,
under your Government, in such manner and form as is hereafter
expressed. And we do hereby give full power to you, the said
Sanuiel Allen, after you shall have first taken the oatli for the due
Execution of the otfice and trust of our Governor and Commaiuler-
in-Chief in and over our said Province of New Ilampsiiire (which
the said Council, or any five of them, have hereby full power and
authority, and are required to administer unto you) to give and
administer to each of the members of our said Council, as well the
oaths appointed by act of Parliament to be taken instead of the
oaths of Allegiance and Sui)reniacy, as the test and Oatli for the
due Execution of their places and trust. And we do hereby give
unto you full power and authority to suspend any of the members of

58 PROVINCE OP NEW-HAMPSHIRE. [1692.

oui' said Council from sitting, voting, and assisting therein, if you
shall find just cause for so doing; And Our will and i)leasure is,
that if, by the death, departure out of Our said Province, or Sus-
pension of any of our said Councillors, there shall happen to be a
vacancy in Our said Council, any five whereof we do hereby ap-
point to be a Quorum, wc do hereby require you to certify us by
the first opportunity of such vacancy, by the death, departure,
suspension or otherwise of any of Our Councillors, that we may,
under our Signet and Sign manual, constitute and appoint others
in their room; and if it shall at anytime liappen that there are
less than seven of them residing in our said Province, we do
hereby give and grant unto you full power and authority to choose
as many persons out of the principal fi'eeholdei's, of the Council,
inhabitants of our said Province, as will make up the full number
seven, and no more ; which persons, so chosen and appointed by
you, shall be, to all intents and purposes, Our Councillors in Our
said Province, till either they are confirmed by us, or until, by
nomination of otlier Councillors by us by our sign manual and
signet, the said Council hath above seven persons in it. And we do
hereby give and grant unto you full power and authority, with
the advice and consent of our said Council from time to time as
need shall require, to summon and call assemblies of the free-
holders within your Government, in such manner and form as by
the advice of our Council you shall find most convenient for our
service and the good of our said Pro^'ince ; and our will and
pleasure is that the persons thereupon duly Elected by the major
part of the freeholders, and being so returned and having before
their sitting taken the oaths appointed by act of Parliment, to be
taken instead of the oaths of allegiance and supremacy, and sub-
scribed the test which you shall connnissionate fit persons under
the Public seal to administer, and without taking and subscribing
none shall be capable of sitting though elected, shall be called
and held the Assembly of our said Province ; and that you, the
said Samuel Allen, by and with the advice and consent of our
said Council and Assembly, or the major part of them respect-
ively, have full power and authority to make, constitute and or-
dain Laws, Statutes and Ordinances for the public Peace, welfare
and good government of our said Province and Plantation, and
the people and inhabitants thereof, and such others as shall resort
thereto, and for the benefit of our Heirs and successors, which said
Laws, Statutes and ordinances are to be (as near as may be), agree-
able to the Laws and Statutes of this Our Kingdom of England.
Provided, That all such Statutes and Ordinances, of what

1G92.] GOV. Allen's commission. 59

nature or diiralioii soever, be, "svitliin three nioiitliis, or sooner
after the inakinj;' of tlie same, transmitted unto us, under the rublic
Seal for Our Approbation or disallowance of them, as also Dupli-
cates thereof by the next conveyance ; and in case all or any of
them, being not before continned by us, shall at any time be dis-^
allowed and not api)roved, and so siynilicd by Us, our Heirs and
Successors, under our or their Signet or Sign maiuial, or by our
or their Privy Council, unto you, the said Samuel Allen, or to the
Commander-in-Chief of our said Province for the time being, then
such, or so many of them as shall be so disallowed, and not ap-
proved, shall, from thenceforth cease, determine, and be utterly
void and of none effect, anything to the contrary tliereof in any
wise notwithstanding. And to the end nothing may be passed or
done by the said Council or Assembly to the prejudice of Us, our
Heirs and successQrs, we will and ordain that you, the said Samuel
Allen, shall have and enjoy a negative voice in the making and
l)assing of all Laws, Statutes and Ordinances as aforesaid ; and that
you shall and may likewise from time to time, as you shall judge
it necessary, prorogue and dissolve all General Assemblies as afore-
said; and Our will and pleasure is, that you may and shall keep
and use the public Seal appointed by us for that, our Province ;
and we do further give and grant unto you, the said Samuel Allen,
full power and authority from time to time, and at all times here-
after, by yourself or by any other, to be Authorized by you in that
behalf to administer the oaths appointed by act of Parliment to
be given instead of the oaths of allegiance and supremacy, to all
and every such person or persons as you shall think tit, who shall at
any time or times pass into your said Province, or shall be resident
or abiding there. We do hereby give and grant unto you full
power and authority to erect, constitute and establish such aiul so
many Courts of Judicature and public justice witliiu Our said Prov-
ince, as you and they shall think fit and necessary for the hearing
and determining of all cases, as well Criminal as Civil, according
to Law and equity, and for awarding of Execution thereupon with
all reasonable and necessary powers and authorities, fees and
privileges belonging unto them.

And we do hereby authorize and impoAver you to constitute and
apiwiut Judges, Justices of the Peace, Sherifts and other necessary
oflBcers and ministers in our said Province for the better admin-
istration of justice and putting the laws in execution, and to
administer or cause to be; administered such oath or oaths as are
usual for the due execution and performance of Offices and places
of trust and for the Clearing of truth in Judicial Causes. And,

60 PROVINCE OF NEW-HAMPSHIRE. [1692.

whereas wc do ]m\ge it necessary that all our subjects may have
Liberty to appear to our Royal Person in Canses that may desen-e
the same, Our will and pleasure is, that if either party shall not
rest satisfied with the judi^ment or sentence of the Superior Court
of Our said Province, they may then appeal unto Us in Our Privy
Council. Provided the matter in difference exceeds the real value
and sum of one luindred pounds Sterling, and such Appeal be made
within one fortnight after sentence, and that securitj^ be likewise
duly given by the Appellant to answer such charges as shall be
awarded in case the first sentence shall be confirmed ; and provided
also that execution be not suspended by reason of any such appeal
unto Us. And We do hereby give and grant unto you fall power
and authority, where you shall see cause, and thereupon shall
judge any offender or offenders in criminal matters, or for any
fines or forfeitures fit objects of Our mercy, to pardon, remit all
such offences, tines and forfeitures before or after sentence given —
Treason and wilful murder only excepted — in which Causes you
shall likewise have power, upon extraordinary occasions, to grant
reprieves to the offenders therein, until and to the intent Our
pleasure may be known therein ; and we do hereby give and grant
unto you, the said Samuel Allen, by yourself, your Captains and
Commanders by you to be authorized to levy, arm, muster, com-
mand or employ all joersons whatsoever residing within Our said
Province of New-Hampshire as occasion shall serve, to transfer
from one place to another for the resisting and withstanding of all
enemies, Pii'ates and Rebels, both at Land and Sea; and we do
hereby give and grant unto yoa full power and authoritj'^, by and
with the advice and consent of our said Council, to erect, raise
and build, in our said Province, such and so many Forts and Plat-
forms, Castles, Cities and burroughs. Towns and Fortifications as,
by the advice aforesaid, shall be judged necessary; and the same
or any of them to fortify and furnish with Ordnance, ammunition,
and all sorts of arms fit and necessary for the security and defence
of our said Province; and, by the advice aforesaid, the same
again or any of them to demolish or dismantle, as may be most
convenient.

We do hereby give and grant unto you, the said Samuel Allen,
full iDower and Authority to ei'ect one or more Courts, or Courts of
Admiral, within our said Province, for the hearing and determining
all mai'ine and other Causes and matters proper to be heard therein,
with all reasonable and necessary jjowers, authorities, fees and
jn'ivileges, as also to exercise all powers belonging to the place and
office of Vice-Admiral of and in all the Seas and Coasts belong-

1092. ] GOV. ALLEX'S COMMISSION. 61

iu^ to your fJovciiuiu-nl, nccording to such commission, autliority
aiid iiislniclious as you sliiill receive from Us, under the Seal of
Our AdiuiraUy, or from Our Ilij;li Admiral or Conunissioners lor
Exeeulin^- the oftice of our Lord High Admiral of Our Foreign lM:in-
tations for (he time beiug. And Ave do hereby give unto you lull
power to appoint Fairs, Marts, and Markets within Our said Frov-
ince, as you, with the advice of our said Council, shall think tit,
and to order and appoint such and so many Ports, Harbors, IJajs,
Havens and other ])laces, for the Convenience and Security of
Shipping, and for the better loading and unloading of goods and
merchandises in such and so many places as by you, with the
advice and Consent of our said Council, shall be thought lit and
convenient, and in them or any of them to ^rect, nominate and
appoint Custom Houses, Ware-Houses and officers relating
thereunto, aiul them to alter. Change, place or displace, from
time to time, as with the advice aforesaid, shall be thought lit.
And we do hereby require and connnand all officers and min-
isters, civil and military, and all other inhabitants of our said
Province to be obedient, aiding and assisting unto you, the said
Sanuxel Allen, in the Execution of this our Commission, and of the
powers and authorities therein contained; and in case of your
death or absence out of the said Province, unto our trusty and
well beloved John Usher, Esq, our Leftenant Governor, or to the
Connnander-in-Chief of our said Province, for the time being, to
whom we do therefore, by these presents, give and grant all and
singular, the powers and authorities aforesaid to be executed and
enjoyed by them respectively during our pleasure, or until your
arrival Avithin Our said Province. And if upon such death or
absence there be no person upon the place comniissionated by us
to be CommandeiMU-Chief, our will and pleasure is, that the then
present Council of New Hampshire do take upon them the admin-
istration of the Government, and to execute this Connnission of
the several pOAvers and autlMU'ities herein Contained, and that such
Councillor who shall be at the time of your death residing within
Our said Province of New Hampshire, and nominated in Our
Instructions to you before any other at that time residing there, do
preside to Our said Council, with such powers and Pre-eminences
as any former President hath used and enjoyed within Our said
Province, until Our pleasure shall be known therein or your arrival
as aforesaid.

Lastly. AYe do hereby ordain and appoint that you, the said
Samuel Allen, shall and may hold and execute and enjoy the
Office and place of Our Governor and Commander-in-Chief in and

62 PRCr^INCE OF NEW-HAMPSHIRE. [1692.

over our Province and Plantation of New Hampshire, together
with all and singular the powers and authorities hereby granted
unto you for and during our Pleasure. Provided always, that
notliing herein contained shall be taken or construed to derogate
from or to alter or diminish any tlie powers or authorities granted
by Our Commission under the Great Seal of England, bearing date
the twelfth day of December last to our trusty and well beloved
Sir William Phipps, Knt. or to our Leftenant Governor of our
pi'oviuce of the Massachusetts Bay in reference to the Militia and
the forts and places of strength within Our said province of Xew
Hampshire, so as nevertheless that neither the said Sir William
Phipps nor our said Leftenant Governor shall take upon him and
themselves to suspoiid any officer appointed by us or you in pur-
suance of this our Commission to any Commander in the militia or
Government of any forts or places of strength within our said
Province, except for misbehavior in which case he or they may
proceed to suspend or displace any such officer giving us a speedy
account of his or their joroceedings therein.

In Witness whereof we have caused these our Letters to be
made Patents : Witness ourselves at Westminster the iii'st day of
March, in the fourth year of our Reigne.

Per Breve de Private Sigillo, Dupt.

Chute.

1692.] GOV. Allen's instructions. 63

Governor Alleri's Instructions.

[From a copy in Secretary's office. J
Makie E.

Instructions for our trusty and tretl-beloved Samuel Allen, Esq.,
Our Governor and Commander-in-Chief, in and over Our
Province of New Hampshire, within Our Dominion of JVew
England, in America, and in his absence, to the Commander-in-
Chief of our said Province for the time being:

"With these instructions, you will receive Our Commission under
Our Great Seal of England, constituting you Our Governor and
Commander-in-Chief of all that i^art of Our Province of New
Hampsjiire, witliin Our Dominion of New England, in Amenca,
lying and extending itself from three miles northward of Merri-
mack River, or any other part thereof, unto the Province of Maine,
with the South part of the Isle of Shoals ; where, being arrived,
you arc forthwith to call together the members of Our Council
for that Our Province, by name, John Usher, Esq., Our Lieuten-
ant-Governor of Our said Province ; John Hinks, Nathaniel Fryer,
Thomas Grafford, Peter Coffin, Henry Green, Robert Elliot,
John Gerrish, John Walford, and John Low, Esqrs ; at which
meeting, after having published, in the usual manner Our said
Commission Constituting you Our Governor and Commander-in-
Chief of Our said Province, you shall take yourself, and also ad-
minister unto each of the members of Our said Council as well the
Oaths appointed by Act of Parliment to be taken instead of the
Oaths of Allegiance and Supremacy as the Test, and the Oath for
the due execution of their places and trust. And you are to com-
municate unto Our said Council, from time to time, such and so
many of Our Instructions as you shall find convenient for our ser-
vice to be promulgated unto them.

Our Will and Pleasure is, that the members of Our Council shall
and may have and enjoy freedom of debate and freedom in all
things to be debated of in the Council ; and although, by Our
Connnission aforesaid, we have thought fit to direct that any three
of Our Council make a (Quorum, it is, nevertheless, our will and
pleasure that you do not act with a Quorum of less than five mem-
bers, except upon extraordinary emergencies.

And that We may be always informed of the names and charac-
ters of persons fit to supply tlie vacancies of Our said Council, you
arc to transmit unto us by one of our principal Secretaries of

64 PROVINCE OF NEW-HAMPSHIRE. [1G92.

State, and to the Lords of Our Privy Council appointed a Commit-
tee of Trade and Plantations, with all convenient speed the names
and characters of six persons, inhabitants of Our said Province,
whom you shall esteem the best qualified to succeed in that, and
so, from time to time, when any of them shall die, de^jart out of
that Our said Province, or become other ways unfit, you are to
nominate so many other persons to us in their stead.

And in the choice and nomination of members of Our said Coun-
cil, as also of the principal Officers, Judges, Assistants, Justices and
Sheriffs, you are Always to take care that they be men of Estate
and ability, and not necessitous people, or much in debt, and that
they be persons well aflected to our Government. You are not to
suspend the members of Our Council Without good and sufficient
cause, and in case of suspension of any of them You are forthwith
to transmit unto us, as aforesaid, and to Our Committee for Trade
and Plantations, your reasons for so doing, together with the
charges and Proofs against the said persons, and their answer
thereunto. You are, from time to time, to send unto us and to
Our said Committee, the names and qualities of any members, by
you put into Our said Council by the first conveniency after your
so doing. You are to transmit autlieiitic copies, under the Public
Seal, of all Laws, Statutes and Ordinances, now in force, or which
at any time shall be made and enacted within Our said Province,
unto us, and Our Committee aforesaid and foreign Plantations,
wathin three months, or sooner after their being enacted, together
with all Duplicates thereof, by the next conveyance, on pain of our
highest displeasure, and the forfeiture of that your salary, wherein
you shall at any time, upon an j^ pretence whatsoever, omit to send
over the said Laws and Ordinances aforesaid, within the time
above limited.

You shall take care that the members of the Assembly be elected
only by freeholders, as being most agreeable to the custom of Eng-
land, to which you are, as wear as may be, to conform yourself.
And you shall reduce the Salary of the members of the Assembly
to such a moderate proportion as may be no grievance to the
country; wherein, nevertheless, you are to use your discretion, so
that no inconveniency may arise thereby.

You are to take care that no man's life, member, freehold, or
goods, be taken away or harmed in Our said Province, but by
Established and Known Laws, not repugnant to, but, as much as
may be, conformable to the Laws of our Kingdom of England.

You shall administer or cause to be administei'ed the Oaths
appointed by Act of Parliment to be taken instead of the Oath of

1G92.] GOV. ALLEN'S INSTRUCTIONS. 65

Allegiance and Supremacy, as also the test, unto the monilxTs nnd
olHccrs of Our Council and Assembly, all Judges and Justices, and
all oilier persons that hold any ofRce in Our said Proviiu-e by vir-
tue of any Patent under our great Seal of New-IIampshirc; and
you arc to permit liberty of conscience to all persons except
Papists, so there be a quiet and peaceable enjoyment of it, not giv-
ing of scandal to the Government. You are not to pass any Act
within that Our Province, in any case, for Levying nionoy and
inllicting lines and penalties, whereby the same shall not bo
reserved to Us for the I'ublic use, as by the said Act or order shall
be directed. And We do particularly require that no money or
value of money whatsoever be given or granted by any act or
order of Assembly to any Governor, Lieut. Governor or Command-
er-in-Chief of our said Province, that shall not, according to the
style of Acts of Parliment in England, be mentioned to be given
and granted unto us, with the humble desire of siich Assembly
that the same be applied to the behoof of such Governor, Lieuten-
ant-Governor or Commander-in-Chief, if We shall so think fit, or
if AVe shall approve of such gift or application that the said money
or value of money be then disposed and appropriated to snch other
cases as, in the said Act or order, shall be mentioned; and that
from the time the same shall be raised it remain in the hand of the
Receiver of that Our Province, until Oiir Royal Pleasure shall be
known therein. Our will and pleasure is that all Public nioneys,
raised or to be raised within Our said Province of New-Hampshire,
for the care and support of the Government there be issued out by
Warrant from you by and with the advice and consent of the Coun-
cil and not otherwise. You are from time to time to permit the
Assembly to view and examine Accounts of money or value of
money disposed of by virtue of such Laws as ai-e now in force, or
shall be passed by them, which you are to signify unto them as
occasion shall serve.

Our express Will and Pleasure is that all Laws whatsoever for
the good Government and support of Our said Province be made
inditterent and without limitation of time, except the same be for
a temporary end, and which shall expire and have its full eflfect
within a certain time. And therefore jou sliall not re-enact any
law which shall once be enacted by you, except upon very urgent
occasions, But in no case without Our express consent. You shall
not remit any fines or forfeitures Avhatsoever above the sum of
ten pounds bcfoi'c or after sentence given, nor dispose of any fines
or forfeitures until after signifying unto Our Committee of Trade
and Plantations and to the Commissioner of Our Trcasur}' for the
5

GG PROVINCE OF NEW-HAMPSHIRE. [1G92.

time being, the nature of such oflcnce or occasion of such fines,
forfeitures or Esclieats, with the particular sums you shall have
received our direction therein. But you may, in the mean time,
suspend the payment of the said fines and forfeitures. You shall
not permit any Act or order to pass within Our said Province
whereby the i^rice or value of current money within your Govern-
ment may be altered without Our particular leave or direction
therein ; and you are particularly not to pass any Law or do any
Act, by grant, settlement or otherwise whereby our Revenue may
be lessened and impaired without Our especial leave or command
therein. You are to require the Secretary of Our Province, or his
Deputy for the time being, to provide Transcripts of all such Acts
and Public Orders as shall be made from time to time, together
with a copy of the Journal of the Council, to the end the same
may be transmitted unto Us, as above directed, which he is duly
to perform upon pain of incurring the forfeiture of his place. You
shall not displace any of the Judges, Justices, Shirrifls or other otfi-
cers or ministers within Our said Province Avithout good and sutfi-
cient cause, to be signified unto Us and our Committee of Planta-
tions ; nor shall you execute yourself or by Deputy, or any of the
said oflicers, nor sufier any person to execute more offices than one
by a Deputy. You shall not erect any Court or oflSce of Judica-
ture, not before erected or established, without Our especial Order,
And you are to transmit to Us, with all convenient speed, a par-
ticular Account of all establishments of Jurisdictions, Courts, Offi-
ces and Officers, powers, authorities, fees and j)rivileges granted or
settled within Our said Province, to the end you may receive Our
especial direction therein. You shall likewise take a special care,
witJi the advice and consent of Our said Council, to regulate all
salaries and fees belonging to i^laces or paid upon emergencies,
that they be within the bounds of moderation, and that no exac-
tion be made upon anj" occasion whatsoever. You are to take
cai'e that drunkenness and debauchery, swearing and blasphemy,
be severely punished, and that none be admitted to public trust
and employment whose ill fame and conversation may bring scan-
dal thereupon. You shall take care that all Planters and Christian
Servants, be well and fitly provided with arms, and that they
be listed under officers; and when and as often as you shall think
fit, mustered and trained, whereby they may be in a better readi-
ness for the defence of Our said Province under your Government.
You are to take especial care that neither the fi-equency or rea-
sonableness of remote marches, musters and Trainings be unne-
cessary impediments to the Aflairs of the Planters. In case of

1G92.] GOV. ALLEN'S INSTUUCTIONS. G7

distress of any Our Plantations you sliall, upon application of the
respective Governor to you, assist them with what aid the comlitiun
and safety of your Government will require. You shall cause a
survey to be taken of all the considerable places and Ilarboi-s iu
Our said I'rovince, and, Avith the advice of Council, erect iu any
of them su(!h fortification as shall be necessary for the security
and advantage of our Province, which shall he done at the Public
charge of the Country, not doubting of your full concurrence of
the Inhabitants thenmuto from the common security and benefit
they receive thereby.

You shall take an Inventory of all arms, ammunition and stores
remaining in any of Our magazines or Garrisons in Our said
Province, and send an account yearly of them to Us by one of Our
principal Secretaries of State unto Our Committee of Trade and
Plantations. You are to take especial care that fit Store-houses
be settled throughout Our Province for receiving and keeping of
arms, ammunition, and other public Stores, that We may be the
better informed of the Trade of our said Province. You are to
take care that due entries be made, in all Ports, of all goods and
commodities imported or exported from thence ; And from and
to what places they come and go, and that a yearly account thereof
be transmitted by you unto Us by one of Our principal Secretaries
of State, and to our Committee for Trade and Plantations. You
are to suppress the engrossing of commodities, and to settle such
orders and regulations therein, with the advice of Our Council,
as maybe most acceptable to the inhabitants. You are to give all
due encouragement and invitations to merchants and otliers who
shall bring trade unto Our said Province, or any ways contribute
to their advantage, and in particular to the Roj'al African Com-
pany. And you are to take care that there be no trading from
New Hampshire to any place in Africa within the charter of the
Royal African Company. And you are not to suffer any shii)s to
be sent thither without our leave and authority.

You are carefully to observe all the xirticles contained iu the
Treaty for the composing of difterences and the establishing of
Peace in America, concluded at Madrid the 8"' day of July, 1670,
with the Crown of Si)ain; and in case any private Injury or dam-
age shall be oflered or done to any of our subjects in those parts,
by any of the subjects of the King of Spain, or of any other
Prince or State in Amity witli Us, you shall take care to give Us
an account with all convenient speed by one of Our Principal
Secretaries of State, and to our Committee for Trade and Planta-
tions, and not to permit or encourage reparations to be sought in

68 PROVINCE OF NEW-HAMPSHIRE. [1692.

any other way than what is dh-ected and agreed in the said Arti-
cles of Madrid, and otlier treaties ; and you are particularly not
to grant commissions of War, or reprisals against any Prince or
State, or their subjects in Amity witli Us, to any person whatso-
ever without Our especial Command.

You are not to admit or allow of any Appeals what soever to be
made from the Governor and Council unto the Assembly, but
whereas We judge it absolutely necessary that all Our subjects
may have liberty to appeal unto Us in cases that may deserve the
same, Our will and pleasure is, that if either parties shall not
rest satisfied with the Judgment and sentence of Our Governor or
Commander-in-Chief and Council, they may then appeal unto Us
in Our Privy Council ; Provided, the matter in difference exceed
the real value or sum of one hundred pounds sterling, and that
such appeal be made within one fortnight after sentence, and secu-
rity first given by the Appellant to answer such charges as shall be
awarded in case the sentence of our Governor or Commander-in-
Chief and Council be confirmed; livovided, also, that execution
be not suspended by i-eason of any such appeal unto Us. And
inasmuch as it may not be fit the appeals be so frequently and for
so small a value brought unto Our Governor and Council, you
shall therefore, with the advice of the Council, propose a law to
be passed wherein the method aiid limitation of Api^eals unto Our
Governor and Council may be settled and restrained in such man-
ner as shall be found convenient and easy to our Subjects in our
said Province. You shall endeavor to get a Law passed for tlie
restraining of inhuman severities which hy ill masters or overseers
xaixx be used towards their Christian Servants or Slaves, and that
provision be made therein that the willful killing of Indians and
Negroes be punished with death, and that a penalty be imi)Osed
for the maiming of them. You are also, with the assistance of
your Council and Assembly, to find out the best means to facili-
tate and encourage the conversion of Negroes and Indians to the
Christian Religion. You are to recommend to Our Council and
Assembly the raising a stock and building of Public work-houses
in convenient places for the imploying of poor and indigent people.

And forasmuch as great inconveniences may arise by reason of
the liberty of Printing within Our Province of New Hampshire,
you are to provide by all necessary orders, that no person use any
Press for Pi-inting i;pon any occasion what soever withoiit your
special Licences first Obtained. Lastly : — If any thing shall hap-
pen that may be of advantage or to Our said Province
wliich is not herein or by our Commission for, We do hereby

1692.] GOV. Allen's instructions. 69

autlioi'i/.o and direct you Avith the advice and consent of Our
Council to lake order for the present therein given by one of Our
princii)al Secretaries of State, and tlic Lords of Our Privy Coun-
cil, api)()inted a Committee for Trade and foreign Plantations
speedy advice thereof, and of all your proceedings and the condi-
tion of affairs within your Government for our information and
direction, provided always you do not by color of any Power or
Authority hereby given you, commence or declare War without
Our Knowledge or Command tlierein, except it be against Indians
iil^on emergencies, wherein the Consent of Our Council shall be
had, and speedy notice thereof given unto Us.

Given at Our Court at Kensington, the seventh day of March
169i, in the fourth year of Our Reign.

By His Majesties Command.

Nottingham.

70 PROVINCE OF NEW-HAMPSHIRE. [1692.

MINUTES OF COUNCIL,

UNDER THE ADMINISTRATION OF LIEUT.-GOV. JOHN USHER,

1692-1696.

Note by the Editor.
[The following " Mikutes of Council," with other papers were copied,
chiefly, from a MS. volume in the office of Secretary of State, labelled " Prov-
ince Records, Book II., Council 1692-1700." A portion also, as will be
seen, was copied from MS. volume, " Book I." No other record of the
Council's proceedings, from August 13, 1692, to November 3, 1696, can
be found. These " Minutes " appear to be original or first notes taken by the
clerk of Council, and are generally without signature. They embrace nearly
the whole period of Lieut.-Governor John Usher's administration. The
letters and speeches of Mr. Usher, herein contained, are usually in his own
handwriting, and are singularly characteristic of the man.* ]

* "John Usher was a native of Boston, and by profession a stationer. He was
possessed of a handsome fortune, and liad been emjiloyed, wlien in England, by Jlas-
sachusetts, to negotiate the purchase of the Province of Maine from the heirs of Sir
Ferdinando Gorges. He thus acquired a taste for land speculations; became oueof the
partners of the million purchase [see Farm. Belk., p. IIG], and had sanguine expecta-
tions of gain from that quarter. On the consolidation of the Kew-England Provinces in
1685 [see vol. i. pp. 590-593], he accepted ofRce under Dudley, and next under Andros,
whose downfall he subsequently shared. He thereupon proceeded to England with his
complaints; and Samuel Allen, a London merchant, having purchased, soon after,
the title of the Masons to New-Hampshire, and obtained a commission for the govern-
ment of that Province, ajipointed his son-in-law. Usher, his deputy. The latter as-
sumed the government on the 13th of August, 1692. He continued, however, to reside
and carry on his business at Boston, occasionally visiting his Province. His adminis-
tration was by no means either pleasant to himself or agreeable to the people. He
died at Boston, 5th of September, 17'J6, aged seventy-eight years."— [See K. Y. Col.
Doc., vol. iii. p. 365.]

Belknap says of him (Usher): "Though not ill-natured, but rather of an open
and generous disposition, j^et he wanted those accomplishments which he might have
acquired by a learned and polite education. He had but little of the statesman, and
less of the courtier. Instead of an engaging affability, he affected a severity in his
deportment, was loud in conversation and stern in command. He gave orders, and
found fault, like one who felt himself independent, and was determined to be obeyed.
He had an high idea of his authoritj', and the dignity of his commission ; and when
opposed and insulted, as he sometimes was, he treated the offenders with a severity
which he would not relax till he had brought them to submission. His public
speeches were always incorrect, and sometimes coarse and reproachful." It may be
aided, that the majority of his Council were men of such sterling sense and stern
integrity, that he could not make them bend or bow to his arbitrary dictation. The
record of his administration is full of interest. — Ed.

1092.] MINUTES OF COUNCIL. 71

B. II. p. 1.

Province of New Hampshire.

Great Island, August y<= 13* 1692.
By the Liftenant Governour
Ordered,
That all officers, Civil and ]Millitarej', continue in tlicirc respec-
tive places untill others are appointed.

Ordered,
That all Acts of or relating to publick Revenue do continue as
aforesaid.

Ordered,
That all Constabells seize and apprehend all seamen travelling
upon the Eoade without a sufficient i)ass ; and that whosoever
shall entertaine harbour or conceale any seaman or seamen with-
out the foresaid pass, either in whriting or print, without express
Liberty given or granted from tll6ire respectiA^e Cajitains or other
Coinniissionate officer, shall be proceeded against according to
order, and to make good whatsoever dammage, loss or dettrenient
may in anj' way accrue or beefall to his Majesty's service thereby.

B. II. p. 2.

PiscATAQUA, 12'!^ Sept. 1692.

Present

Jno. Ilincks Esqr.
Nathan^ Fryer, Esqr.
Robt. ElHott, Esqr.

Green, Esqr.

Peter Coffin, Esqr.
X" Lt. Governor made a rcportt of his journey to Boston, &
read what he leftt with the Governor & Council.
All to make entry's in the Custom House.
None to pass y® Fort without a Pas.

Thatt Strawberry Bank, Dover, Hampton, send 3 Representa-
tives; Exeter 2; Isle a Shoales, 1.
Exeter — Jonathan Thing, Capt. ; Kinsley Hall, Lt. ; Peter Foul-

sam. Ens.
Hampton — Ileneiy Dow, Capt. ; Jno. Smith, Lt. ; Jno. Moulton,

Insig. ; Mr. Penny, Clark to the Courts.
Isle a Shoales — Jno. Fabes, Justice Peace & Capt.; James Blag-
dou, Lt., Thomas Dymoud, Ensign.

72 PROVINCE OF NEW-HAMPSHIRE. [1C92.

B. 11. p. 3.

20'h Sept. 1692.

Oyster Biver — Jno. "Woodman, Capt., James Davis, Lt,,
Stephen Joanes, Ensign.

Dover — Jno. Tuttle, Capt. ; "Wm. Furber, Lt. ; Eobertt Ivens,
Ensign.

Strawberry Bank — Jno. Piekerin, sen. Capt.; Lt , Tobias
Langdou; Ensign, ; Mi*. Eicliard Jose, Sherifl".

Tliat a i^erson be agreed w"^ for providing carages for tlie guns
sint by y'' King, and y* Jno. Hincks, Robert Elliott, Esqrs. be
joined w"^ y^ Treasurer to agre for ye same, and ittbe done outtof
hand.

That y^ Treasurer issue out warrants to every town for the vint-
ners and ale houses to a gre with y« Treasurer, and to have licens
according to law ; The Treasurer to repair the fortt-house at Great
Island ; Mr. Penne to be clarck to y'= Council ; llichard AValdreu,
llichard Martin, justice Peace.

That all of y'= Council have power as Justice of Peace in y^
whole Province.

Capt. Stileman, Justice Peace for Greatt Island.

That Chouse* be sentt to answer Contempt.

Saltt and ship, &c. to be disposed of by y*^ Treasurer, and mony
to remain in y^ Treasurer's hand untill y'' King's pleasure be known.

Thatt y'' bounds of y*^ Town be asserted according to former
custom in Governor Crantield's time, and according to comission.

That y^ Treasurer take care to provid place for y'' Governor &
Council to meet in with the General Assembly.

B. II. p. 4.
At a Council held at Portsmouth, the 29'^ day of September, 1692.

Present
The Lieut. Governor,
John Hincks ") Peter Coffin ? -p

Nathan" Fryer V Esqs. Henry Green <, ^^^^'

Robert Elliott )
Upon reading of the letter of Js* Addington, Esq. Sec'y. of
their Maj'ties' Province of the Massachusetts Bay, in answer to a
motion made by the Lieut. Governor, in pursuance of an order
of this Board, of the 15* day of August last; — It is ordered that
the Seci-'y of this Province signify to his Excels the Govern'' of
the Massachusetts Bay that they have taken notice of tlie i)romise
of tlie returne of the men at the Eastward belonging to this Prov-

* Chownes. See next page.

1G92.] MINUTES OF COUNCIL. 73

ince, and of lending 7 barrels of powder to this Province, and
that tlic Sccr'y issne forth an order for the receiving of the same
and i)assing a receipt accordingly.

Upon application made to his Honor the Lieut. Gove"", by Wil-
liam Tartridge, Esq. Troasm-er & Keceivcr-(Jeneral of this Prov-
ince, that he was chosen constable for the toun of Portsmouth —
which is in prejudice of his office — It is ordered, that the SherrifTe
of this Province give notice to the inhabitants of this tonne, to-
morrow, that they make a new election of another meet person to
be Constable in the room of the said Wm. Partridge.

Ordered, That the Fort-house upon Great Island be forthwith
repaired, & carriages made for the great guns there; and that
notice thei*eof be given by the Sec'y to Mr. Wm. Partridge, treas-
urer, to put the same in Execution imediately.

Ordered, That Joseph Chownes bring his shallop, the Gift, over
to Great Island with all convenient speed, having been seized by
the deputy collector for not entring his vessel with him according
to law.

It is advised. That whereas Nath^ "Wear, Esq. one of their
Maj'ties' Council for this Province, being out of the same, and
there not being seven of the Council according to their Maj'ties
Lres-Patents ; that William Vaughan, llich'^ Waldron, Esqrs. be
added to the Council, pursuant to the said Lres-Patents, and for
the emergency of affairs at this juncture occasioned by the French
and Indian enemys.

Upon complaint made to this Board that Paul Millard had
passed the Fort without the perniitt of the Lieut. Govern"", and his
vessel thereupon seized, upon his submission on his Examination,
it is hereby ordered. That his sloop be released from the said seiz-
ure and permitted to unload, upon entring his s^ sloope with the
Collector, according to custom & j)aying of fees.

B. II. p. 5.

September 30'^^ 1C92.
In pursuance of an order of his Honor the Lieut. Govern"' and
Council of the Province of New Hampshire, of the lo"" of August
last, upon this day I made demand of Capt. Pickering, (at his
house in Portsmouth in the prsence of Rich"^ Jose, Esq. high shcr-
rifte of the Province aforcs'') of the books of Laws and Kecords
in his hands belonging to this Province, to be secured b}' me ; but
s"^ Capt. Pickering then & there jiositively denyed to deliver the
same.

Tiio: Newton Secry.

74 PROVINCE OF NEW-HAMPSHIRE. [1G92.

B. II. p. 6.

Province of New Hampshire.
At a Council held at Great Islaud, the third day of October,
1692,

Present,
The Lieut. Governor,
Jolm Ilincks ^ William Vaughn ? -p

Xathan' Frver V Esqs. Rich'i Waldrou ^
Rob' Elliott >

Ordered, That the General Assembly be held at Strawberry-
banck, at the house of Mr. Ehines, the discharge of the use thereof
to be allowed upon the publique ace'; and that the sherrifte cause
the said house to be prepared fitt for that service, and a meet per-
son to attend both houses as occasion shall require.

The Lieut. Gov' made a report to this Board, That in pursuance
of an order of his Honor and Council of the 29"^ day of Septem-
ber last, to add ^Ym. Yaug'han & Rich'^ Waldron, Esqs. to the
Council, that the same day they accepted thereof, and he admin-
istered the oaths to them accordingly.

Upon a report made to this Board by the Lieut. Gov'', that the
soldiers in this Province belonging to the Massachusetts Bay
would be shorth^ drawn off hence, it is hereby Ordered, That a
Letter be forthwith written to the Govern'', and Council of that
Pi'ovincc, that the necessit}^ of the s"^ soldiers residing here this
winter is as great as ever; and therefore desire that they may be
so continued as hitherto thej^ have been ; and that 60 more may be
added, desposed of for the best defence of this Province both by
sea & land.

Moved by the Lieut. Govern""., that Capt. Pickering denyeing to
obey the order of this Boai'd, of the 15"^ of August last, in not
delivering the books of Laws and Records to the Secr'y, some
course might be taken therein :

It is hereby Ordered, That the sherrifFe of this Province give
notice to the s*^ Capt. Pickering, that he appear before the Lieut.
Gov'' and Council at Strawberry-banck, tomorrow at 11 of the clock
in the aforcnoon of the same day at the Council chamber, there to
answer the said contempt.

Ordered, That Mr. Michael Perry have an order sent him from
this Board for the receiving of 7 barrels of powder to be sent by
the Gov'' of the Massachusetts Bay for their Maj'ties' service here,
and that he give a receipt for the same accordingly.

1C92.] MINUTES OF COUNCIL. 75

B. II. p. 8.

Province of Xew Hampshire.

At a Council held at Portsnioutli the 4"' day of October, 1G02,

Present,

The Lieut. Governor,

John Hincks ^ Peter Coffin ^

Natlian' Frver > E.sqs. AVni. Vauahan > Esqs.

Rob' Elliott ) Pich'i Wa'ldron >

The oaths of a privy Councilor were administered to each of the
said Council this day as followeth: You do swear, &c.

Capt. Pickering- appearing before this Board to answer to his
contempt in not delivering- tlie books of Laws & Kecords, the
Lieut. Ciovernor demanded by wliat authority he had received
them, or if he had any commission for his soe doing, and by what
authority he now detalnes them : to which he replied. They icere
delivered to him by the people j and he detained them till the meet-
ing of the Assembly.

Ordered, Tliat the s"! books of Laws & Records now in the
hands of the s'' Capt. John Pickering-, be delivered and received
by Mr. Tho Newton, Sec^'. of this Province, to be pi-eserved and
secured by him for the use of the inhabitants thereof.

Upon the humble petition of Mr. J. C, master and owner of
the shallop, Gift, to have her freed from her seizure for not en-
tring in the custom here according to Law, pleading w* was omitted
by Jiim was thro Ignorance:

It is hereby ordered, That the sd Joseph Chownes, pay to the
Capt. of the Fort 13s. 4d. for the shotts fired at him for not obey-
ing command: and alsoe pay to the deputy collector the charge
of the seizure and other expenses about sd vessel by him justly
laid on ; that the seizure be taken off and the sd shallop permitted
to goe about the lawful occasious of the sd J. C.

76 PROVINCE OF NEW-HAMPSHIRE. [1692.

B. II. p. 9.
At a Council held at Portsmouth, the 5"^ day of October, 1692,

Present
The Leiut. Governour,

John Hincks

Nathan'. Fryer Henry Green ■\

Eob' ElUott ' Esqs. Wm. Vaughan > Esqs.

Peter Coffin Rich'i. Waldron )

Ordered, That the Treasurer advance the Sum of 15 lb. to be
drawne out of Ms hands, for the service of the country, as he shall
from time to time be ordered by the Leiut. Governor.

Ordered, That Capt Volear [?] be desired to lend as many hands
as he can spare to raise the great guns at the Fort, & to doe other
things that may be for the service of their Maj'ties' and the defence
pf the Fort ; and that the Leiut. Govern'' allow something for a
gratuity to the men for the same, to be defrayed out of the publick
revenue.*

* Tlie preceding "Minnitts of Council," from the 29tli of September to the 5th of
October, 1692, are in the handwriting of Thomas Newton, Secretarj'. — Ed.

1G92.] CUSTOM-HOUSE. 77

Custom-IIouse Heturns.

The following papers are valuable as showing the coast-
ing trade carried on in the Province in 1(392 : —

CusT0:« House J> Clearings Outioard.

hi >

Xew Hampshire ) Coasting VesseUs from Port to Port.

Portsmouth in New England, 18"' August, 1G92.
Boston.

James Flood Comm^ of the sloop John and Abigaile of Boston,
of twenty tunns burthen or thereabouts, with no guniis, navigated
with two men, Plantation built, cleareth for Boston, having these
goods following on board, viz :

Twenty bar^. of traine oyle, sixty Quin'^ and one hhd of fish,
four bundles, six parcells, three truncks, one large chest, five
barr'^, two halfe barrels, one teirce, two boxes, two anchors, two
bags, one casque cheese, two bayles, one trunck, one small p'cell,
one drum casqe, one dry-flat, eleven boxes, two parcell of haber-
dashery, one piece serge, sixty bundles of pinns, two pieces of
silks, fifteen pounds silk, four parcells buttons & galloons, four
cheeses, a parcel of bedding and divers small p'cells of English
goods.

Boston. September 26"*.

John Jackson, Command'", of the sloop the Builder's Adventure,
of Boston, twenty tunns burthen or thereabouts, with no gunns,
navigated with two men, Plantation built, cleareth for Boston,
having on board twelve thousand of wh'. oake staves, one thou-
sand foot of Pine boards.

Boston. September 30«\

Ilumfrey Horrill Comm'^'^ of the sloop Sea Flower of Bevei'ly,
twenty tunns burthen or thereabouts, w*noe gunns, navigated w*
two men, Plantation built, cleareth for Boston, having on board
six thousand of red-oake hhd staves, three thousand foot of Boards.

Boston.

Paul ]\riller, Comm''^ of the sloop Endeavor, of Boston, twenty
tunns burthen or thereabouts, w"' noe gunns, navigated w"' two
men. Plantation built, cleareth for Boston, having on board three
tunns and a lialfe of Pigging, eleven thousand of hhd. staves, and
fifty quin'». of fish.

78 PROVINCE OF NEW-HAMPSHIRE. [1692.

Boston.

Benjamin Bagway, Comm'l^ of the sloop Pellican of Boston,
twenty tunns burthen or thereabouts, w"^ noe gunns, iiaviguted
w* tA\"0 men. Plantation built, cleareth for Boston, having on
board twelve bal■r^ of traine oylc, three hundred Quin*^. of tish.

Boston.

Joseph Corvell, Comm''^ of the sloop Endeavor of Exeter,
twenty tunns burthen or thereabouts av* noe gunns, navigated w*
two men, Plantation built, cleareth for Boston, having on board
six thousand of Pij)e staves, four hundred foot of Pine planks.

Boston.

John Wells, Comm'^. of the sloop Discretion of Boston, twenty
tunns burthen or thereabouts, w'** two Peterreros, navigated w"^
two men. Plantation built, cleareth for Boston, ha\ing on board
teen thousand six hundred hhd staves.

Boston. October o'^^. 1692.

Joseph Chownes, Comm'^'". of the shallop Gift, of Boston, of fif-
teen tunns burthen or thereabouts, with noe gunns, navigated w"^
two men, and Plantation built, cleareth for Boston, having on board
seven thousand of white Oake staves, eight hundred foot of Pine
boards.

Boston.

Samuel Hill, Comm'l^ of the sloop Fryall of Boston, of twenty
tunns burthen or thereabouts w"^ noe gunns, navigated w* two
men. Plantation built, cleareth for Boston, having on board five
thousand foot of Pine boards, eleven thousand of white-oake staves,
two jars of sweet Oyle, three hundred weight of cheese.

Nantuckett. October 13.

Benjamin Bagworth, Com"!^. Qf ^\^q sloop Pelican of Boston, 20
tuns burthen or thereabouts, w"* no gunus, navigated with two
men. Plantation built, cleareth for Nantuckett, having on board
10.000 foot of Pine boards, two hhds. fourteen bbls. of apples and
Sider, one hhd. of Molasses and 50 oares.

Boston.

Job Alcocke Com"", of the sloop Hopewell of Yorke, of 20 tunns
burthen or tljereabouts, w* no gunus, navigated w"^ two men,
Plantation built, cleareth for Boston, having on board 13.000 of
staves, two truuckes, two chests wearing apx:)arell.

Boston. October 1-4*.

Paul Miller, Com^ of the sloop Eiideavor of Boston, of 20
tunns biirthen or thereabouts, w"' noe gunns, navigated w"" two

1G92.] CUSTOM-HOUSE. 79

incii. !M:uilatiou built, clcaretli for Boston, haviiifi' on board 10.000
of staves, -100 ft. of riauck, 4 ehosts & tnuickcs of Pussengcr
goods.

Boston.

Francis Lyford, Com^ of the sloop Elizabeth, of Exeter, of 20
tunns l)urthen or thereabouts, w"' noe gunns, navigated av"' two
men. Plantation built, clearetli for Boston, having on board 1000
ft. of boards, 4000 staves, 14.000 of trunnells, 1500 ft. of Pino
l)laucks & Joyce.

Errors excepted, Dated
in Portsmouth, in New England.
Phesant Estwick,
Dept. Coll.

Custom House, ? Clearings Outvards.

in New England- \ Portsmouth, in Xew England, 27* Aug., 1692.

Virginia.

Bariah Higgins, Com'^'' of the Ketch Elisabeth of Portsmouth,
of 15 tuns burthen or thereabouts, with noe gunns, navigated
with four men. Plantation built, cleareth for Virginia, having on
board these goods folloAving, viz. 10 bbls. mackerill, 40 bush, of
Salt, 5 bbls. of Molasses, 6 bbls. rum, 2 pieces of white linnen,
seven pieces of blue linnen, and two pieces ofijounistone [pumice-
stone?] Av"' certificate.

Canarys.* September 1^'.

Jonas Clay, Com"", of the ship The Friend's Adventure, of Bos-
ton, of 40 tunns burthen or thereabouts, with noe gunns, navi-
gated w"' eight men. Plantation built, cleareth for the Canarys,
having on board these goods following, viz. 23 hhds. fish, 20.000
of Pipe Staves, and 20 bbls. of mackerill, and 4 bbls. of Oyle.

Newfoundland. September 24"'.

Bob'. Ladd, Com'', of the brigautine William & Samuel, of Kit-
try, of 30 tunns burthen or thereai)()uts, with noe gunns, naviga-
ted with six men, Plantation built, cleareth for Newfoundland
with these goods following on board, viz. 9000 ft. of pine boards,
8 casques of rumm, one teirce sugar, store to Tho. Burrington,
one hhd. tobacco, store to Wm. Pepperly.

* Canary Isles.

80 PROVINCE OF NEW-HAMPSHIRE. [1G92.

London. October 10"^.

John Long, Com^ of tlie fly boate the Diligence, of London,
of 250 tunns burtlien or thereabouts, w^^ noe gunns, navigated w"^
17 men, foreign built, made free, clearetli for London, liaving on
board 21 masts, 11 bowsprits, 3 yards, 20 clamps, 6000 of Pipe
staves, 1300 of boults, 4000 ft. of Oai-es, 8 tunns of fusticlvC,*
2000 horns, 6 bbls. train Oyle, 6 bbls. corver [?] fish.

London.'

John Tickner, Com'', of the fly-boat tlie Firr-tree, of London,
of 260 tunns burthen or thereabouts, w* two gunns, navigated
W**^ 18 men, Foreign built, made free, and cleareth for London,
having on board twenty Masts, 10 bow-sprits, 5 yards, 31 clamj)s,
47 standards, 1690 ft. of oares, 18,000 of ijipe staves, 1300 of
boults, 14 tunns of fusticke, one bar'. Indicoe.

London.

Capt. John Holmes, Com', of the fly-boat the America, of Lon-
don, of 300 tunns burthen or thereabouts, mounted w* four guns,
navigated w* 20 men, Forraine built, made free, cleareth for Lon-
don, having on board 18 Masts, 9 bow-sprits, 13 yards, 11.400 ft.
of Oares, 2900 of boults, 25.000 of staves, 84 pounds of beaver,
130 skins of small furs, 46 sjiars, 10 pieces of Ash, 2 bbls. of
Cramberrys.

London.

Capt. Robert Tufton, Com"", of the Pincke Samuel, of London,
of 100 tunns burthen or thereabouts, w* six gunns, and navigated
with 20 men, English built, cleai-eth for London, w* tobacko, he
lauded here and hath again taken on board, for which bond is
given in Virginia; as also 8 tunns of fusticke, 1500 weight of
BrazellettOjf and 10,000 of staves, — bond and security taken here
for the landing of the said goods in England, &c. according to
Act of Parliament.

Errors excepted. Dated in
Portsmouth in New England,
the 15"^ October, 1692.

Phesant Eastwicke,
Dept. Coll^

* Yellow dve-wood.— Web. t A kind of red dyeing-wood

1C92.] CUSTOM-HOUSE. 81

Custom House ^

iu > Entry s Inwards.

Ncw-IIaiupshire. )

Coasting vessels from Port to Port.
Portsmouth in New England, 30"^ August, 1692.
Boston.

Paul Miller, Com^ of the sloop Endeavor of Boston, 20 tuns,*
&c. — entereth from Boston with these goods following, viz. 2
hhds. corne, 3 bags shceps-wool, 3 truncks of houshold goods, 1
tunn of ship beai'o, 50 tann'^ hides, 6 bbls. pork, 3 bbls. of beife,
9 bags of wheat, 2 bbls. Hour, several other small parcells English
goods and houshold stuH'c.

Boston. September 5"'.

Benjamin Bagworth, Com"' of the sloop Pellican of Boston,* &c.
entreth from Boston with these goods, foil. viz. 20 tunns of fus-
tieke and several trunckes and chests of houshold goods.

Boston. September 17"^.

Samuel Hill, Com'', of the sloop Tryall, of Boston,* &c. entreth
from Boston with goods following, viz. 2 boxes window glass, 2
truncks and severall parcells of houshold goods, 1 hhd bread, 3
quoilc rigging, several parcells of English goods.

Hampton.

Joseph Cowell, Com"", of the sloop Endeavor, of Exeter,* «&c.
entreth from Hampton w"' Hay.

Newberry.

John Wells, Com"", of the sloop Discretion of Boston,* &c.
entreth from Newberry, w"^ Hay.

Boston. September 30*.

Paul Miller, Com'".of the sloop J^udeavor of Boston,* &c. entreth
from Boston, with these goods, foil. viz. 2 pipes, 1 hhd Fayall
wines, six bbls. three half-bbls. of provisions, 5 hhds bread &
pease, 1 hhd. onions, 2 bbls. of j^orke & beife, 500 of iron.

Boston. October 3<i. 1692.

Benjamin Bagworth, Com"" of the sloop Pelican, of Boston,* &c.
entretli from Boston w"' these goods following, viz. 2 tunns Bra-
zeietto, -1 tunns of fusticke, one hhd. & one bbl. sugar, 2000 horns,

* See ilescription of this vessel in the preceding article, Ckarings Outiranh.

82 PROVINCE OF NEW-HAMPSHIRE. [1692.

2 bbls of traine oyle, 5 bbls of tar, 7 bbls. of cranberiys, 2 hhds.
and several small x^arcells English goods.

Boston. October 13.

James Gonch, Com"", of tlie sloop Mary of Boston, of 20 tunns
burthens or thereabouts, with no guns, navigated with three men.
Plantation built, entreth from Boston w* thesne goods following,
viz : 7 hhds. Indian corne, 13 bbls porke, 1 hhd pease, 1 hhd. bread,
10 bbls. tnrr, 1 hhd. molasses, sundry small parcells European
goods, 1 bbl. of Indigoe.

Boston.

Samuel Storer, Com"", of the sloop Hopewell, of Boston, of 20
tunns burthen or thereabouts, with noe gunns, navigated with
three men. Plantation built, — entreth from Boston, having on
board 6000 of bread, two chests wearing apparell.

Errors excepted. Dated in Portsmouth,
in New England, 15'^^ October, 1692.
Phesant Eastwicke, Dept. Coll.

Custom House ?
in Xew Hampshire. ^ Entry s inward.

Portsmouth in New England, 12'^' August, 1692.
London.

Capt. John Holmes, Com"" of the flj^-boate, the America * —
entreth from London, with these goods following, viz. 2 barrels of
wrought pewter, 2 bbls. of wrought brass, 4 bbls of wrought iron,
three boxes and six bbls. of grocery, 2 truncks of haberdasher}-, 6
bayles of stuft'es, blancketts & ruggs, 3 trunckes wearing apparell,
2 pictm-es and 2 saddles, 2 bayles linnen-cloth, 45 quoils of rigging,
223 barrs of iron, qt 5 tunns and a halfe, 1 truncke of haberdash-
ery, 1 trunke of haberdashery wrought silke, serges & halts, 6
boxes wrought iron, 1 packe of stuffs, 4 bundles, and 2 truncks of
haberdashery and stockings, 2 parcells wrought iron, and one box
of wrought pewter.

London.

Capt. John Long, Com'', of the fly-boat, the Diligence * of Lon-
don— entreth from London, w"^ these goods following, A'iz. 6
packs, 2 bayles, three pieces of Linsey Woolsey.

* See .description of this vessel in the preceding article, Clear'mgs Outwards.

1692.] CUSTOM-HOUSE. 83

London.

Capt. Jolin Ticlciior, Com^ of the fly-l)oato, the Firtree* of Lon-
don— cntrelh from London w"' these goods following, viz. 17
bayles Canvas, 11 bhls. of wrought Iron, 1 baile, 1 bbl. 3G boult
staves & Crowes, cliaiu boults 24, one furnace and iron pott, 4
grindstones, 85 boult-staves, 1 pair smith's-beliows, 5 pintells, 4
brasses, 1 gudgeon, 1 bail, 1 caske, 2 boxes, oG boults, 35 ('haine
plates, 3 anchors, 1 goose-neck,(l) 1 bag of ladles, a bundle of
scithes, 1 bundle of shovels, one bundle of sawes, 1 barrel, S small
casque, a casque, a fatt [vat?] 3 bayles, 1 bbl. 1 half-bbl., 1 chest,
6 boxes, 3 trunckes, 1 bbl. 1 flfat, 2 drum casque, 2 bailes, 3
anchors, 513 bars of iron, more, 40 bars qt. 190=. Oi. 5 lb. 7 bbls. 2
bailes, 58 quoiles of cordage, 20 clamps, 1 drill, 30 basketts and
baggs of nails, 20 great iron guns, one demy cannon carriage,
1200 round iron shott.

Barbados. September 17.

Eobt. Michill, Com'' of the barque Mary of Kittery, in the Pro-
vince of Maine, 20 tunns burthen or thereabouts, w"^ noe gunns,
navigated w"' 6 men from Barbadoes, being English built, and
entereth live hhds and five tierces of Rum, and lime-stones ballast.

Barbados.

Nicholas Follet Com'' of the Brigantine, the Friends Endeavor, of
Portsmouth in New England, 25 tunns burthen or threabouts, w^"^
noe guns, Plantation built, navigated w* six men, enters from
Barbados w"" these goods following, viz. 15 hhds, 13 bbls of rum,
7 hhds. 8 bbls. of molasses, 2 bbls. of Muscavado Sugar, 100 weight
in severall small sugar loaves, and 100 hhds. salt.

Barbados. September 19"\

Samuel Eimes Com^ of the Brigantine the Friendship, of Ports-
moutii in New England, 20 tunns burthen or thereabouts, w"' noe
gunns, Plantation built, navigated w"^ seven men, — entreth from
Barbados, w"* these goods following, viz. 40 hhds. of salt, 1 chest
of English goods, with certifecatc, and Lime stones Ballast.

* See previous description.

(1) In a sliip, a piece ofiron bent lilie the ueck of a goose, and fitted on the end of a
booiu, yard, &c. — (Fat. Die,

84 PROVINCE OP NEW-HAMPSHIRE. [1692.

Barbados. September 22^^

Joliii Cott Com'' of tbe Barke tlie Frioiids Increase, of Ports-
mouth in New England, of 15 tunus burthen or thereabouts, av"^
noe gunns, navigated with 4 men. Plantation built — entreth from
Barbados w"^ these goods following, viz. 30 hhds. of molasses and
8 bbls., 18 hhds. and 2 bbls. of rum, 1 teirce, seven small casque of
sugar.

Barbados. October 15"^.

Edward Kennard, Com^ of the Pincke, Eichard, of Portsmouth,
of 25 tunns burthen or thereabouts, with noe gunns, navigated w"^
seven men, Plantation built, entreth from Barbados w"^ these
goods, viz. 31 hhds. Molasses, 8 hhds. & 1 teirce Eum.

Errors excepted. Dated in Portsmouth,
in New England, October 15, 1692,
Phesant Eastavicke,
Dep. Coll.

B. IT. p. 10.

Pi'oviuce of New Hampsliire.

At a Council held at Ports-
mouth this 28* of Nov. 1692.
Present,
John Hincks, President, Esqr,

Nath' Fryer ^ Henry Greene "j

Robt. Elliott >Esqs. William A^aughan !-p

Peter Coffin ) Natli. Waer ^-i^^qs.

Pich. AValdron j
Ordered, That an order be forthwith given to the Treasurer for
the disbursing out of the Treasury the sum of five pounds for
IDrovissions for the soldiers at Capt. Woodman's Garrison in this
Province.

Ordered, That the Treasurer pay out of the Treasury what
mony is to be payd for wheels & carridges for the mounting of
nineteen gunns for the Majes^. Fort at G*. Island.

Ordered, That the several Laws made in this ProAance at a late
session by the Lt. GoA^ernor and Council and General assembly,
be drawn out by the dep^. Secret, and that all towns within this
Province may haA^c the same, the selectmen paying the sd officer
for transcribing them.

Ordered, That the Inhabitants of Swamscot within this Prov-
ince, being [or beginning] from Tho. Wiggings at Sandy Point &

1692.] MINUTES OF COUNCIL. 85

upwards shall be rated by the selectmen of the toun of Exeter to
all pnbliqne as8o.smcnts; also, that the)' be under the comand of
)'*■ militia of Exeter uiitill further order.

Ordered the Treasurer do auree and pay Mr. Sam'. Rymcs * for
the use of his liouse whilest the Lieut. Governor and Council and
Assembly sate there.

To p'vent the drawing off of the soldiers from Cochcca and
Oyster River, Ordered, That the Treasurer disburse twenty or
thirty pounds for sujiply of sd soldiei-s with provisions, to enable
them to continue in their posts for the better defence of the
Province.

AV^hercas it is necessary to strengthen the frontiers of the Prov-
ince by the continuance of soldiers there ; And there being not
mony in the Trcas ury to supply provisions for them : Ordered,
That whosoever shall disburse for supply of provisions for the
soldiers aforesaid, shall be reimbursed out of the lirst mony that
shall be raised by the Assembly at their next sitting for defraying
such publick charges.

Proposed by the President in Council, that, whether the vessels
belonging to the Province of Maine coming into this harbor,
whether the masters ought not to come to the Governor or Com-
mander-in-chief in this Province, to give an account of their pro-
ceeding, and to pay their respects accordingly, for their passing
and repassing: The Councill will consider further thereof.

Ordered, That the Prison now on Strawberry Bank be the
allowed Prison until further order.

B. II. p. 12.

Province of New Hampshire.

At a Council held at Portsmouth
this 3<i of January, 1092.
Present.
John Ilincks, Esq., President.
Nath'. Frver^ Wm. Vaughan ? -p,

B,obt. Elliott V Esqs. Rich. Waldron ^ ^'^^^^'

Peter Coifin )
Mr. Thomas Davis was this day admitted and SAVorn Secretary
of this Province and Clark of the Councill, and then delivered
him the several Laws made by the Lieut. Governor, Council and
Assembly, at their last sessions.

* Or Ilynns.

86 PROVINCE OF NEW-HAMPSHIRE. [1G93.

The Booke containing' tlic Governor's Commission, tlic Minutes
of the Council, also of the Assembly, the several oaths of the
Assembly Inroled, the remaine of them [tiles?]

B. II. p. 12.

Province of New Hampshire.

Portsmouth, at a Council
held there the 24"' February lG9i.

Present,

John Hincks, Esq. President.

!Nath'. Fryer ^ William Vaughan

Henrv Greene > Esqs. Rich. Waldrou

Xath''. Weare. S

Esqs.

Ordered, That a general assembly be forthwith called, and that
a warrant be issued out to the sheriffe, that he may make out his
precepts directed to the several Towues and places, that they
choose Representatives accordingly, and that they may meet on
Wednesday the tirst day of March next by ten of the clock in the
forenoon, at the Town of Portsmouth.

Tho. Davis,

Sec'rv.

B. II. p. 16.

Whei'eas by virtue of the above "Warrant there has been returned,
Major Elias Styleman, and Sam^ Keeas of Portsmouth, and Job
Clements, of the Towne of Dover, to sei-ve as Representatives, to
whom the oaths appointed by Act of Parliam*, to be taken were
tendered, and they required to sweare accordingly; but they
refused :

These are thei'efore to require and comand you forthwith to
issue out j^our Precepts, directed to the Constables of the s'' Towns
to summon the freeholders to elect others in the roome of the s*^
Elias Styleman, Sam'. Keeas & Job Clements; forthwith to meete,
att the Assembly now convened, & held att Great Island in the
Province of New Hampshire. Witnesse, John Usher, our Lieut.
Govern"", this 1^' March in the ffiftli yeare of our Reigne.

John Usher, Lt. Govex'n"".
To Rich. Jose, our Sheriffe.

l<'->;^.] MINUTES OF COUNCIL. 87

B. II. p. 13.

Province of New Hampshire.

Wlioreas there avus an order of Council past tlie 15"' August,
1C02, that tlie Laws and Ilccords belonging to this Province be
demanded out of the persons liands whence they tlien were and be
delivered to the Secretary of the s"' Province ; and, pursuant there-
unto Mr. Thomas Newton, then Secretary, on the 30"' September
following- demanded of Capt. John Pickering the Books of Laws
and llecords in his hands, belonging to this Province, and said
Pickering positively denyed to delivcjr the same:

Tliose are therefore, in their iVIaj'lies' names, to require and
command you Capt. John Pickering, to deliver unto Thomas
Davis, Secretary of this Province, all the Books of Laws, Books of
Records, and all ffiles of paper belonging to this Province, that
have been in your custody; laying aside all excuses and preten-
sions whatsoever, as you will answer the contrary at your utmost
peril. Given under my hand and scale this 28"^ day February,
1691.

Jno. Usiiek, Lt. Governor.

G* May 1693.
Demanded then of Capt. John Pickering the llecords and all
ffiles of paper belonging to the Records of this Province ; whoe
said, he was then in liaiste, could not staye, and that he did not
know of any he had, but would look.

Tno. Davis, SeO'.

Great Island, 20"^ May, 1693.
Mr. John Pickering attending the Leiut. Governor this day, by
virtue of a warr', and being demanded why he had not obeyed the
within written warrant, owned he had several Books and ffiles in
his custody which he had not yet delivered, though often demanded
to have done the same.

Tho. Davis, Sec^.

B. II. p. 15.

AVhereas sundry persons within this Province, out of a tender
conscience, are indisposed to comply with that form and numer
of laying the hand on the Bible, in taking of oaths ; whereby many
persons are and may be debared from public office or imi)loyment
in their Maj'ties' service, which they are otherwise well (jualified
for:

88 PROVINCE OF NEW-HAMPSHIRE. [1693.

Be it enacted, That any person, desiring ye same as aforesaid,
shall be allowed the liberty formerly used within this their
Maj'ties' dominions, of holding up the hand in swearing, & all
oath[s] so taken shall be accounted in all cases as good and vailed
as if they had been taken by laying the hand on the Bible.

John Pickerin, Clark.
3<i March 169i.

Ordered by this House, that in regard it is but matter of sere-
mony (the oath being the same) that this Bill be passed.*
Indorsed — '' A Bill Tno. Davis, Sec^,

presented by the Representatives
1692."

William & Mary, by the Grace of God, of England, Scotland,
Fiance & Ireland, King & Qneene, Defend"^ of the tfaith, &c, —
To Richard Jose our Sheriff, in Province New Ilampsliire,
greeting :

,.^.,„^ Whereas in pursuance of our Precept to you directed,
< Seal > you have returned for the Towne of Portsmouth in s"*

v^v~ ^ Province, Major Elias Stileman and Mr. Samuell Keeas as
Representatives for s*^ Towne, but it not appearing by s"^ returne
that they were duly chosen by the ffreeholders of the s"^ Towne, or
that the flreeholders were duly summoned thereunto, the s<^ returne
was adjudged illegall and voyde : Wee therefore Comand you, by
and with the advice of our Councill upon receipt hereof, you forth-
with make out your Precepts directed to the Constables of the s*^
Towne of Portsmouth and the Isle of Shoales, requiring them to
cause the ffreeholders of their s*^ Towne and of the Isle of Shoales,
according to their Maj"'"'^ Commission, being duly qualified, at
time and place to meet Ss chuse two men for the s*^ Towne of Ports-
mouth, and one man for the Isle of Shoales, to serve for and repre-
sent them, respectively in the Assembly now convened, had and
kept, for our service at Great Island in Portsmouth, aforesaid:
And to cause the person or persons soe elected by the Major part
of the ffreeholders to be summoned to attend our service, this s"*
Assembly forthwith, and so diem in diem, during their ses-

* It appears from the Records, that Major Elias Stj^leman and Saml. Keeas of
Portsmouth, and Job Clements of Dover, returned as Representatives, had refused to
take the oath " by laying their hands on the Holy Evangelists and swearing accord-
ingly " — " declaring they would swear by lifting up the hand, but not otherwise." —
B. II. p 16. Ed.

10.9;].] MINUTES OP COUNCIL. 89

pioii or sessions; and to rcturnc (ho name of (lie persons soc
chosen wUh tliis precoj)!, and of yonr douiii's tlu-rein, undc-r yonr
hand, in our Secretary's otfice fordiwith. Thereof faile not at yonr
jKMill. Witness, John Usher, Lieut Govern'' & Conimander-in-
chiefe in and over our s"^ Province, Hampshire. Given at Ports-
mouth, under tlie Publick Seale of our said Province aforesaid, the
flburdi day of Marcli IGOj in the ffifth yearc of our Kei^ne.

John Usher.

In pursuance to the w"* in Precept, I granted out my writs to
the Constable of Portsnio''. for y'' calling of y'= freeholders together,
for y' making choyce of two men as llepresentatives to serve in
General Assembly. In pursuance to w*^*^ I have returned to me by
tlie constable, y" persons following: Maj. Elias Stilemau and. Mr.
Sam". Ivecas, to serve as abovesaid.

KiciiARD Jose, Shcr*".
March G"'. 1691.

In ])ursuance to a pi'ecept to me directed some few days before
this, for y*^ election of one man to serve as a Representative in y"
general assembly now sitting att great Island in the roome of one
Job Clements, ther was returned to me by y® constable of y'^towne
of Dover, Left. John Tuttei to serve as aforesaid.

Richard Jose, Sher*".
March. 6"\ 169|.

Returned for y^ Isle of Shols, by the constable of s** Island Mr.
Thomas Dimond, to serve as a Representative to sett in y'' Gene-
rall Assembly, now sitting at Great Island in the towne of Ports-
mouth, in the Province of New Hampshire.

Richard Jose, Sher''.
March G"\ 1691 .

B. II. p. 15.

[The following paper, without date, is indorsed — " Tlic inhabitants at
New Castle sworn."]

John Ilinks Sam'. Comfort

Thomas Cobbett Theodore Atkinson

James Rendle John Ilarst

Richard Buckly Richard Knight

Samuel Winkly John Lewis

Sanuiel Accutt Will'" Sevy

PROVINCE OF NEW-HAMPSHIRE.

[1G93.

John Sevy

Thomas Sevy

Samuel liand

Jolm Bracitt

Francis Tucker

John Odihorn

John Bfckford

John Amaseen

Thomas Parker

Ed'i Gary

Richard Hales

James Philpot

Jos. Read

Rich. Goss

Sam'. Dorse

Tho. Marchall

AYill. Enderson

John Searle

John Hammous

Tho. Mardin

John Foss

Dan'. Joanes

Rich'i. Taulton [Tarlton?]

James Mardin

Will: Foss

James Leach

Georg Wallis

James Berry

Sam'. Langmaid

James Burgis

John Badson

Nathan White

Georg. Trundy

Tobias Home

John Clark

Thomas Paine

Will. Enderson, sen.

James Leach, sen,

Richd Glas

John Beale

Edward Randal

Will. Tucker

Ed<i. Hales

Jeremiah Wallbrd
Paul Holand
Edd. Willson
Jolin Leach
James Berry
Mathey Rumry
Sam'. Foss.
Thomas Holland
John Samson
Benj. Sevie
Jo than. Odiorn
Will. Arnup
Jacob Clark
Jacob Randall
James Roberson
John Mardin
John Churchell
Nick: Hodg
Dan'. Shaw
Georg Harris
Sam'. Moudy
Phes. Estwick
Jos. Menserat
Foster Traform[?]'
Steven Estwick
Moses Paul
Benj. Parker
Will: White
Richd. Oliver
John Coock
James Joyce
John Stevens
Henry Traf brm [ ?]
Shadrick Bell
Rob'. Jurdou
Andrew Cranch
John Berry
Jefl^[?] Currier
Will. Manserat
Jos. Alwell
Arthur Head
Thomas Joanes
John Marting

* The first letter, T, is doubtful.

169:).] MINUTES OF COUNCIL. 91

TIk' iibove persons ;ii)i)c:iir(l ixTsonally before us {uul took the
otiths appointed insteuil of tlie oath of allei^iance.

The. Packer ) Justices

Shaclrach Walton Sofy" Peace.

B. II. p. 29. At a Council at Portsmovitli, tlie

10* day of March, IG'Ji
Present
The Lieut. Governor.

John Hincks Henry Greene ^

Natli^ Frver ) Nath. Weare > Esqs.

Kob'. Elliott > Esqs. Eich. AValdron )
Peter Coffin j

Proposed by the Lieut. Govern"", whether the rights and bounds
of this Province should be asserted and maintained : Ordered, that
it be.

Proposed, Tliat the selectmen of Portsmouth may be ordered to
attend this Board to give an account of their making an Assess-
ment on the s'' towne: Xo tinal resolution made thereto.

Tlie Lieut. Governor read a Letf from Sir Wm. Phipps, dated
Boston, tlie 6"* of March, 169|, demanding several men as having
deserted their Maj'ties' service, belonging to the Nonsucli:
Ordered, That those who have a clearing from Capt. Short ouglit
to be protected ; & if thei'e be any others that have not sucli a dis-
charge, ought not to be protected.

Ordered, That the Treasurer take care that a centinall's Bo x be
made on Little Harbor Poynt upon Great Island.

Capt. Pickering attending this Board acknowledged it is his
hand writing subscribed to the warrant of Assessment for Great
Island.

The Petition of the inhabitants of Great Island being read peti-
tioning to be made a Township by itself: Ordered, That a co])py
of the Petition be given to the Selectmen of Portsmouth, & that
they have notice to attend Friday next to show cause why the
Petition should not be granted ; and likewise that they come pre-
pared to show hoAV they came to be a Towne, and what tlieir
riglits and imnmnitics are.

Adjourned to Frjday next, 10 o'clock forenoon.

B. II. p. 28.

Mr. Moss one of the Selectmen of Portsmouth ownes ho signed
the Warrant for gathei'ing in an Assessment for .s<' Towne, saitli

92 PROVINCE OP NEW-HAMPSHIRE. [1603.

severall things were layed before them whereby to induce them to
make the Assessm*, as partly some ingageraents of the Towne,
some before the arrival of the Lieut Govern'', some since. Being
asked whether any part of this Rate was not to goe towards pay-
ing the Towne's engagem* with Mr. Moody in case the contribu-
tion would not doe, sayth he caimot say, & being asked whether
they did not intend it, sayth he cannot neither owne or deny it.

Mr. Snell, anotlaer of the Selectmen ownes it is his hand sub-
scribed to the three several lists for raising an Assessm* on the
Towne of Portsmouth. Being asked what was committed to him
at the meeting of the freeholders pursuant to their Warr', sayth,
he was not there at their meeting; on what account did you assess
Great Island? sayth as belonging to the Towne. What Poor or
necessary charge is laid before you by Great Island, that you
assessed them soe much — to be disposed of by the Inhabitants
thereof for the use of the Poor or such occasions as they should
think fitt, sayth they did as they were part of the Towne. Being
questioned what are the engagem*^ of the Towne & whether this
Tax a xiart of it was not to goe towards paying Mr. Moody in case
the contribution fell short, cannot say.

Upon reading the Warr* made on the Assessm* for Great Island,
the Board was of opinion the Warr' was illegal, as also the
Assessm*.

Ordered, That the rates for the Banck goe on, but that the rate
for Great Island be stopped.

Ordered, That Mr. Martyn and the Selectmen be dismist till
further order.

Adjourned to 10 a clocke, fiiyday
morning, 10* March, 169|.

B. II. p. 30.

At a Councill held at Portsmouth, on Fryday, the 17* March,
1691.

Pi-csent.

The Lieut. Governor.

JohnHincks^ Hcnrv Greene "j

Rob*. Elliott >Esqs. Nath. Weare 1^,^^

Peter Coffin ) Wm. Vano-lian ^^'^y^-

Rich. Waidron J

The Petition of the Inhabitants of Great Island was read, and
the Selectmen of the Towne of Portsmouth attended this Board,

ICO?).} MINUTES OP COUNCIL. 03

niid iiuvc in llicir ;uis\vt'r in wiitini;-: .ind siiy, (lieTownehas hocn
iv[)iTS("nt('(l soc; h('li('V(> (licic may be :v (lirant coiislitutiiif; Ports-
moulli a Towne; know not whore it is; say the bounds were laid
out by tlie ^lassachusetts, and as liavinj,'- enjoyed it for many
years, pray it may be still soc continued as a Towne; say it is
inconvenient for the people of Great Island to go to the Bank to
meeting, but ought to have a minister on the Island; say Great
Island ought not in reference to their Maj'tics' Fort and Stores, to
be deserted at any tyme.

The selectmen withdrew and the Councill considered and de-
bated of what the Selectmen had olfered; and are of oi)ini()n,
Great Island should be a Township and divided from the Banck,
provided it is able to support itselfe : And that Sandy Beach and.
Little Harbour be added.

John Hinks ") Wm. Vanghan ")

]kob'. Elliott > yeas. Ificli. AValdron > nays.

Henry Greene ) Jsath. AVeare )

And. Peter Coffin, if all parties conseut.

The Lieut. Govern' then declared it should be a Towne ; and
that he would make it soe separate from the Banck.

Capt. Pick(n'ing(l) be called up.

Demanded of him if he knew anything of a AVarrant that was
shown him; a stock of powder, &c., as in the paper given in as
an answer of the selectmen.

The Law says, the Selectmen and. a Justice P. may raise money:
They did raise the Assessm' for repairing the house for the min-
ister: Cannot say all the charges for which this money is I'aised
accrued since the Lt. Govern"^ arrival: Cannot say any of the
money was to go to Mr. Moody in case the contribution fell short.

Major Vaughau(I) called up.

That 'tis his hand to Warrant and Assessm' as a Selectman:
They have acted as the Law directed them: The things were pro-
posed at Town meeting that are mentioned in the papers given
in for the Town's use.

Agreed — The warrant for the Assessment on Great Island is
illegall.

Ordered the Selectmen now be called, and checked(2) for the
same, & ordered to be more careful for the future.

Ordered, That the Treasurer pay house and man that atlendod.

(1) Capt. Pickering and Major Yaughan were summoned to appear by special war-
rant, dated Marcli 10, IGO;^.

(2) Cliided, reproved.

94 PROVINCE OP NEW-HAMPSHIRE. [1693.

Ordered, tlie soldiers pay be 2s. 6d. per week for subsistence.

Ordered, the Govern'" or President issue out their Warrants to
Treasurer to pay for the Plattform at Fort, and repairing thereof,
& for the carriages and mounting of guns, aud likewise for sup-
plyes for the future for the garrisons. •

B. II. p. 33.

To the Honored Governour and Councill of the Province of Netv-

Hampshire.
"Whereas by their Majesty's Royal Commission you are invested
with power to constitute Townships in this Province, "we, the
inhabitants of Great Island being incapacitated on several accounts
to attend the worship of God in any other place but on the said
Island — it being also unmeet that the Island should be deserted
at any time by its Inhabitants, in reference to their Majestys' Fox-t
here ; we desire and petition that we may be constituted a Township
with those immunityes, privileges and liberties that their Majes-
tyes' are wont to grant to such a township ; & for the better up-
holding of the said Towne, that you would be pleased to state &
appoint the bounds of our said towne to comprehend not only the
Island, but from the mouth of Sagamores Creek to the head there-
of, aud so to the reputed Bounds of the towne of Hampton all y^
families and land seaward, that we may be y® better enabled for
y"^ discharge of all dutyes. So prays your humble Petitioners.
Thomas Parker Jacob Reudall

Phesant Eastwicke James Roberttsone

Nathaniel Fryer, jun. John Lewis

Thomas Paine Jolm X Cross — his mark

James Casowah Jn. X Church — mark

Joseph Read Shadrach Walton

Richard Tarletoun Tho. C'obbett

James Bootli Francis Tucker

AVilliam Forbes Robert Jordcn

Arthur Hed Daniel X Oshaw [?](!) mark

Johu Fenicks[?] Will. AYallis

Ezerya [Ezra?] Elwell Georg Wallis

Joseph Elwell Tho. X Sevey

Heuery Trevethan Thomas Rann

Fostar Trevethan John Mardin

Jararayah X A\'^alford, mark.

(1) In Portsmouth Records, IGtli March, 1673, is tlie name of Daniel Ushaw.

109:3.] MINUTER OP COUNCIL. 9

"Wilyam X 'Tones — his mark Sam. Rand

Thwmas Jones. James Leach

John Clark James -|-Leacli, sen. mark

Jolin Amaseen John Lcaeh

Sam'. Sevee

B. n. p. 34.

To tlic Honorable, ye Lieut Govern'" and Connoill of this their
]\raj"tics' Province of New Hampshire; — tlie liiunl)le petition of
the Inhabitants of the Great Island, humbly sheweth :

[Literal and exact copy.]

That whereas we, being- part of y^ twoue of i)ort8m" : and having-
found for many years great Inconvenieuces arising thereby, in re-
gard of the distance we are from the banck, and no way to it but
by water, wherein there is great diflyculty at any time, but sum-
times more espetialy, to y* hazard of our healths and lives, in
going up to atend the publike worship of god at Strawberry banck,
and having many poore people amongst us, both men and woemen
and children, which have no couA'cnience of passage, bj^ which
meanes y"" greatest part of our people canot Injoy y'^ hearing of y^
word preached to them, w"^'' causeth many times y^ breach of y*^
Sabath, and the dishonor of god's holy worship ; as also our Hand
being y" mouth of y" harbor and Inlet into y<= Province, having-
the King's fort placed here, and all the stores of auienution, wliicli
is of great Consequens, and ought at all times to be carefully
atended and lookt after; but if the Inhabitants of this Island must
be Confyned to atend their duty at Strawbery banck upon every
publike ocation, the King's fort is left destitute of assistance, and
lyes exposed to y*^ surprizall of y*' enemie and our owne distruck-
tion: we, therefoi-e, the Inhabitants of y*^ Great Island being a
competent number to make and uphold a twoneship, doe humbly
beg and desire of this honorable board y" govern'" and Councill,
that we may be constituted a Twoneship by our selves, and that
you would grant us the previleges and imunities as their IMaje**^'*
have bin gratiously pleased to allow sutch a Twonship ; and that
the bounds of our Twoneship may be settled as may be most con-
vinient for y*^ s'' twoue in respect of an addition To our soldiers
belonging to our Island: and y*-' petitioners shall ever pray.

Phesant Eastwii-ke Wm. X Furbush — mark

Thomas Parkar John Amaseen

PROVINCE OF NEW-HAMPSHIRE,

[1693.

John West
John Lewis,
Sam'. X Rand,
Will. Wallis,
Thomas Paine,
John Crowder,
Will™. Manfleld,
James Robertson,
Henry Roby,
Henry Trevethan,
Robert Jordan,
Steven X Walford,
Richard Tarleton

Georg Wallis
Tho. X Jones
James Leach
Daniel X Oshea[?]
James Booth
Edward Randall
Thomas Mai'shal
Tho. Cobbett,
Shadrach Walton
Francis Tucker
John Clark
EdAvard Beele
John X Harden
Sam'. X Seave
Tho. X Seave
Thomas Laiie

B. II. p. 35.

To the Hon''''= y'' Lieut Govn'' and Councill of New Hampshire,
now sitting at Gi'eat Island.

In obedience to your Honors summons Requiring us to appear
this day to shew cause why y" petition of the Inhabitantse of
Great Island and Sagamores Creek should not be granted; and
how wee come to be a Township, as also to give an acco' why and
for what we made y^ last Assessment for the towne of Portsmouth ;
wee here attend and make answer to each particular in brief, as
followeth :

1^'. The Petition ought not to be granted because not desired
by the inhabitanse of Sagamore Creek, who tho' said to signe y*
Petition, aiSrm y' no freeholders of Sagamor Creek ever signed
y« same, but desired the contrary; — as sundry of tliem and others
liave now signified under their hands: And w^hy the Inhabitants
of Sagam'' Creek, &c. should ag'' their desire, be so much incom-
moded, to gratify the desires of the Inhabitants of Great Island,
wee humbly leave y"^ Honors to judge.

2"*. As to our being a Township, It is not unknown to some of
your Honors, liow long we have been under such a construction:
But, if any question the legality of y*^ authority that first consti-
tuted us soe, we presume his Maj'ty's owning us as such in two
Commissions for y® Government of the Province, and y* admiuis-

1<>!^;5.] MINUTES OF COUNCIL. 97

tratioii of y"" afl'iiirs of (lovoniinont, liaviiig boon all alonp: toward
us as siicli, should silencti all <>aiiisaycrs. Ilowovor if il he in y""
Honors power to add any tiling toward the confirnia[tion] of town-
ships which may yet be wanting; wee are humbly of o[»inion it
will iiuich more conduce to their Maj'tie's interest and tlic i)eace
and unity of his snbjects soe to doe, than to admit of any division
thereof at this time.

3"'. In answer to that, why & for what woe made the last
Assessment for y® town of Portsm", wee crave leave to say; Wee
did it, Because the law (entitled an Act concerning the pruden-
tial affairs of the town,) impowers us soe to doe; and that to
defray y* necessary charge arising within the towne ; and shall
follow the direction of that Law, within the yeare to give an Ac-
count of all y<" money so raised by us to one of the Justices of the
Peace, with three men chosen by the freeholders as a committee
for that end; that there may be no damage to any man; & while
we thus make the law our rule, we promise o''selves to be indem-
nified thereby. However, that your Honors may be satisfied
there are charges arising in the town, for w*^** such an assessment
was necessary, we mention sundry, viz.

For a stock of powder, shott &e., about . . . 30:00:00
For defraying y*^ charge of y"' assembly-men, about • 15:00:00
For weights & measures, beam, &c. for the town . . 05:00:00
To the poor, viz. old Lewis, dvet and clothes — about . 15:00:00
To ditto, old Will: [?] and his" wife— about . . . 20:00:00
For a Bell sent for to England — about .... 20:00:00
To so much to repair the meeting house. Minister's
house, fencing in a garden, building a stable, board-
nails, &c. about 30:00:00

For a Pound 10:(JO.-00

For 'J wolves killed this winter 09:00:00

For S[)lan Lovewell tor keeping the glass of the meet-
ing house and minister's house in repair, per annum 02:00:00
To maintaining y" bridge over the mill-dam . . . 01:00:00
For sweeping y"^' meeting house, per annum . . . 01:10:00
To making a new causeway over the great swamp, about 15: 00: 00
To the town dark, per annum (12:00:00

175:10:00
Besides other incident charges that may occur Avithin the year.
So we take leave to subscribe,

Your Honors most humble servants
17*'^ March, lfi9| Rich'' Martyn

owned by them all to be 'Win. Vaughau

their Answer (Jeo. Swett )■ Selectmen.

Tho. Davis, Sec. Obadiah INfors

John Pickeriu.
7

98 PROVINCE OF NEW-IIAMPSHIRE, [1693.

B. II. p. 37.

Province of New Hampshire.

At a Council held at Portsmouth, the
17"^ of March 1695 for the s"* Province.

Present.

The Lieut. Govern"".

Johnllinckes ^ Henrj-^ Green "j

Rob'. Elliott >Esqs. Nath. Weare (-p^^..^

Peter Coffin ) AVilliam Vaughan f ^^'^^^•

Eich. Waldron j

The Selectmen of the town of Portsmouth (by virtue of an
order of Councill) attended this Board, to show cause why the
petition of the Inhabitants of Great Island (praying that they
might be constituted a Township with those immunities, priv-
ileges and liberties that their Majesties' are wont to grant to such
a Township) should not be granted.

The Selectmen gave in their answer in writing, and say, the
Towne has been for many years reputed to have been a Towne ;
and believe there may be such a Grant but know not where it is ;
say, their Bounds were laydout by the Massachusetts, and they,
having injoyed it many years, pray it may still be so continued;
confess it is inconvenient for the inhabitants of Great Island to
goe to meeting at the Bank, but ought to have a minister on the
Island; and the rather, for that their Maj'ties' fort and stores
ought not to be at any time deserted.

The Selectmen being withdrawn, the Councill considered and
debated what was sayd and offered ; and are of opinion that Great
Island should be made a Township and divided from the Bank,
l^rovided, it is able to support itself.

The question being put whether Sandy Beach and Little Harbor
should be added thereto :

John Hincks ) William Vaughan )

Rob' Elliott > Yeas. Rich'' Waldron V Nays.

Henry Greene ) Nath' Weare )

Peter Coffin, if all parties consent.

Tho. Davis, Secy.

iriO:'.] MINUTES OF COUNCIL. 99

B. II. p. 38.

At a Couiipil licld at Portsmouth
the 18"' March 10'J|.
Present
The Lieut. Governor

iToliu Trincks ) Henry Greene ? pem-o

Iv'ol)!. Klliolt >Es(]rs. Nath'. Weare ^^''^i"-

Peter ColBu )

Ordered, That llichard's the Post's bill be paid six pounds, six
shillinjrs by the Treasurer, & that a warrant be issued out
accordingly.

Ordered, That all vessels that carry 15,000 of boards and staves,
pro rata, pay dutyes according to the Act: — that is to say, 1000
of pipe staves, 3 tunn ; 1000 hhd. staves, 2 tunn ; barrell staves,
1000, one tunn & halfe.

Jam: Amy, Millcs and Hart produced their clearings, and or-
dered they be protected, and allowed the discharge to be good.

The Lieut. Governor read a Lef from Sir Wm. Phipps, dated
at Boston, U'^ Marcli 16'J§.

The order irreguhir and they ouglit not to comply witli it. That
■what the Lieut. Governor did with the Purser was regular and
nothing but just and fair.

Ordered, That the Secretary write to Sir Wm. Phipps to give
liim notice of the running the bounds of this Province at Hampton.

B. II. p. 39.

At a Council held at Hampton,

March 20"^ 169?.

Present — The same.

Ordered, That Haynes, Francis Sherlott, Jeremiah AVal-

ford, Wm. Sharp and Jolui Cross be settled and appointed to keep
watch at their Maj'ties' Fort on Great Island, and that they con-
stantly attend their duty at the Fort, and that they be allowed
their Majest' pay.

vera copia,
at. — "W-M. Bedford, Dep. Sec^.

100 PROVINCE OF NEW-HAMPSHIRE. [1693.

B. II. p. 40.

Great Island, 23^ March 169 1.
Mr. Fabins —

Sir — I have received a saucy impudent Letter from one Mat-
thew Car} , who is aboard the ship Nonsuch, wherein lie threatens
the inhabitants of this Province : These are therefore to give you
notice of it, that you may liave the greatest care of your men ; and
if he dares presume to press any one, it is more than he can jus-
tify,— having no warrant or leave from any in authority in
this Province soe to doe. Thei'efore you may seize him; and if
you doe, be sure to send him over hither or any others of his com-
pany.

Your friend, John Hincks.

B. II. p. 42.

Boston, 25* March 1693.
Gentl"—

The Poste Master General being here in Boston, & giving ac-
count yt he has settled a poste from Virginia to Boston once a
week, he is very desirous to know whatt you will be j)leased to
allow either as a yearly sallary, of how much a Letter for postage
of a single Letter from Piscataqua to Boston. Itts judged the
poste may be of great adA^antage by reason of intelligence from
England & Western Islands, and his Majes^ dominions in those
parts. Itts desired forthwith an answer from yovirselves; — the
Poste Master General designing to be gone on Wednesday nextt
for New York, &c. Itts desii-ed you would likewise signifye
whether you would have a poste once a week or once in two
weeks. All which your answer is speedily desired. Nott else,
butt am

Gentl" your friend & servant
Jno. Usher.

B. II. p. 43, 1693.

At a Council held at Gi'eat Island,
the 27"' March, 1693.
Present
John Ilincks, Esq. President

Kobt. Elliott ) William Vaughan

Peter Coffin > Esqs. Eich. Waldron

Henry Greene )

Oi'dered, That the Laws made last Assembly be published forth-
with.

Esqs.

1693.] MINUTES OP COUNCIL. 101

The I.iout. Governor's Lett"" was read; but the Councill Ix-iii;,'- in
the dark as to wiiat (he I'ostinasters coinniaiid is, or avIkiI a;i;n!(!-
meiitisiiiade wit hot iier parts, are of opinion aPoste wonhl hi; very
necessary; and that he be allowed, per letter, according as in
other parts that are in like circumstances with this place, propor-
tionable to the distance of this place from Boston, and that every
one pay for his owne Lett^

Mr. Cary's letter to the President was read, and I\Ir. Cary ap-
lican'd. The Council arc of opinion the Trcsident has done
nothing but what he ouyht to have done.

Ordered, That Mr. Cary be reprimanded for writing his letter,
& that he be discharged, paying liis fees ; & that he be cautioned
to behave himself better for the future.

Sir Wm. Phipps came to the Island, Tuesday night, goes aboard
Tay's ship, sends Tay's boye to the President to have him come to
him, as alsoe Tay.

The President sent him word he was at Mr. Elliott's, & if Sir
William had any business with him was ready to hear it.

Sir Wm. stays at West's till about 11 o'clock, then sends Jackson
to the President to desire him to call the Councill to meet at the
Bank that he might read his commission : The President sent him
word he would call the Council to meet, and he should have
notice.*

B. II. p. 45.

At a Councill held at Great
Island the 30"^ March 1693.
Present
John Iliucks — President

Xath. Fryer '^ Nath' Weare j)

Iiob*. Elliott >Esqs. Wm. Vaughan > Esqs.

Peter Coffin ) Rich. Waldron )

Upon cornpl"' made by Capt. Tay that Sir Wm. Phipi)s had
entered and broke his ship, & taken away goods thence, and tare
his warrant: The Council is of opinion that the matter contained
in liis petition, wherein he comi)lains of damage, does not lye
afore this Board, but he has his remedy at Law.

The President, informing this Board that Sir Wm. Phi])i)s had,
while being on Great Island, a warr' directed to Jeremiah Tay.
commanding him to deliver Capt. Short &c and that Sir Wm. had

* Notice was accordingly given, to meet 30tli March, 1093.— Ed.

102 PROVINCE OF NEVV-HAMPSHIRE. [1693.

declarod to several that he is Vice Admiral of this Province ; and
that while he is here he is not out of his Government, — desired
the opinion of this Board, if Sir Wm, ought not to be called to
account for it.(l)

The Council are of opinion — no person being injured thereby —
it may be inconvenient to call him to account by this Board.

Ordered, That in case of distress and application made of the
neighboring County of York or Province of Maine, to the Lieut.
Govei'uor or President, in his absence, for helpe and aide, it shall
be lawful for them to grant their warr' to the Maine, to aide and
assist them with what strength the nature of this Province will
afford.

B. II. p. 47.

To the Hon''''" John Hincks, Esq. President and y*' Honorable
Council of their Majestys Province of New Hampshire, now sit-
ting at Great Island : —

The humble petition of John Gerrish & John Woodman, most
humbly sheweth: —

"Whereas y"" petitioners are seated on y^ frontiers of Cochecha
and Oyster lliver, and have hitherto had y" assistance of soldiers
for their better security and defence against their Maj'ties French
and Indian enemies — which soldiers are now drawn off — by
which we are exposed to y® said enemy assaults & not capable
of doing any thing for o"" future subsistence without farther
helpe; — we therefore most humbly sui^plicate y"" Honors for such
a Jiumber of soldiers for our prsent reliefe and assistance as y""
Honors shall judge meet and necessary to preserve your frontiers,
and not leave us exposed to destruction, when y" enemy please to
assault us. And y"^ petitioners shall ever pray &c.

[No date.] Joiix Gerrish.

B. II. p. 48.

At a council held at Great Island
the 24*1^ April, 1693.
Pi-esent
John Hincks, Esq. President

Nath' Fryer ^ Natli' Weare "^

Bobert Elliott > Esqs. Wm. Vaughan > Esqs.

Heni-y Greene ) Rich'^ AYaldron )

Reading the Lef from Si" Wm. Phipps, dated 15* April instant,
and the Petition of John Gerrish, Ordered, That six men be

(1) See account of this atlair in Farm. Belk., p. 137.

1693.] MINUTES OF COUNCIL. lOH

raised for Capt. Jolui AVoodmaii, tliroe for C'apf. Jolm Ccrri.^li,
and five for Saiii" Heard's yarrisons: at Liibarlaiid,(l) two, and
two at Hilton's.

Ordered, That Mr. Greene ftddress himself to the Committee of
Militia for Hampton, that they take care to preserve his Mill, and
in case (hey doe not, that he shall have two men allowed him.

Oi'dcred, That 38 men be raised for the end aforesaid; & for
repairing the Fort; the Committee of Militia for Hampton to
raise 18 men, viz. 10 Soldiers & 8 to worlc at Fort; and the
Committee for Portsmouth 20 more men, viz. 8 soldiers & 12 (o
work at the Fort.

Ordered, That the selectmen of the several Towns that have
not committed their Province Rates to the constable to collect the
same, that they doe it on or before the first of May next as they
will answer it at their perill.

Ordered, That James Eandall be appointed overseer to look
after and direct the severall men that are or shall be employed in
re^jairing the Fort at Great Island & fortifications there.

B. n. p. 49.

To the Committee of Militia at Hampton.

In their Maj'ties' name yon are hereby required forthwith to
impresse out of your respective companies ten able men, with
arms & ammunition according to law, and them forthwith to
march under the conduct of an officer of the town to be posted vX
the several Frontier garrisons hereafter mentioned for the strength-
euing thereof: viz. At Edward Hilton's garrison two; at Lub-
berland garrison two ; at Capt. Woodman's garrison six : You
are also alike required to impresse eight able bodied men to labor
on the reparation of their Maj'ties Fort at Great Island, and them
forthwith to send to Gr' Island to attend their Maj'ties' service
accordingly. Hereof fail not, as you will answer y*^ contrary at
your peril.

Dated at Gr' Island, this 24"> April, 1693,

By order of the Council — Tiio. Davis, Secy.

[A similar order Avas issued to '' The Committee of the Mi'itia
of Portsmouth," to raise eight men; to be stationed " at Capt.
John W'oodman's garrison, three; and at Ileaid's garrison, five."

-El..]

(1) " I,nl)bcrlan<l " — a locality near Dover Neck.

104 PROVINCE OF NEW-HAMPSHIRE. [1C93.

B. II. p. 50.

Salem, May the 3^ 1693.
Ilou'rable

Sirs — Yesterday arrived from Port Tioyal the sliip Mary ; toucht
at Pemaquid: Adviseth that the Indians are rallying their utmost
strength, intending to attack Pemaquid fort, and what else is
uncertain ; that tliey are already advanced on their design, sup-
posed to be now at or near Pemaquid ; that the French have a
brigantceu and a shallop out stoutly manned, which may be
instruments of much mischief: we judged it necessary to give
speedy advice hereof and request that the other Letters herewith
sent may be forwarded with all speed, — being of high concern-
ment for their Majesties' service.

B.VKTH" Gedney ^ Comniis"
Superscribed — " For the Hou'^''', Elisha Hutchinson > for the
the Lieut. Gov'' and Council John Walley } "Warr.

iu the Province of Hampshire."

" Haste — Post-haste for their
Majes^ service."

B. II. p. 51.

At a Committee of Militia held
at Great Island, 5"^ May, 1693.
Present
The Lieut. Governor.
Major AVm. Vaughan Joseph Smith

Henry Dow Shadrach Walton

John Gerrish Thing

John Woodman Packer

The Lieut. Govern'' desires to know in what condition the fron-
tier garrisons are in, & what is best to be done for their Maj'tics'
interest and the security of the subjects: — seeing Sir Wm. Phipps
has drawn oif his men out of this Pi'ovince.

Capt. Woodman moves, That some care may be taken to provide
provisions for the soldiers iu his garrison.

Capt. Gerrish sayth that scouts to go from town to town is
needful, but fears it will be hard to finde any that will be faithfull.
Are of opinion a s'cout of 2 or 3 to go from town to town will
signifle nothing.

Proposed whether it be necessary to have 24 men to range the
woods once a fortnight.
Are of opinion it is not necessary.

1C93.] MINUTES OP COUNCIL. 10")

B. II. p. 52, 1693. At a Couiicill lidd at Great Ishuxl

Ihe 8"' May, 1G'J;5.
Present
Tlic Lieut. Governor.
John Ilincks J) I'eter C'ofliii i

Is'alli. Fr\ cr > Esqrs. Ilenrv (ireene > Esqrs.

Kubt. Elliott S ]lic-li.' Waldron )

Ordered, That tlie Treasurer give out his war' to the constables
ot'tlie frontier ToAvns to pay out of the moneys by them collected
for the rates, to the several Capt^ so much money as they have
caused to be disbursed for the subsistence of the soldiers, & that
the I.,iout. Govern'' or President issue out their warr'. accordingly.
Ordered, That Mr. Coffin & the treasurer discourse Mr. Buckley
and demand of him 10 lb. that was ordered to be payd for the sub-
sistence of the soldiers at Oyster River & Exeter, out of the Mass-
achusetts pay.

Ordered, That a day of Humiliation be kept throughout this
Province, and that an order be issued out accordingly for Tuesday
next come fortnight.

Ordered, That the General Assembly be prorogued xmtil the
last Tuesday in July next, and that they doe not mcctt according-
to the last Proroguegation.

The Lieut. Govern"' demands to know by what due course of
Law Matthew Carey was discharged, — he having been committed
for so high a crime as his mittimus expresses.
Eesolved, It was done by order of the Presid' and Council!.
Ord(!red, That a Letter be sent by Mr. Hincks to the Governor
and Council of Conettecott to desire their assistance as to provis.
ions and money. (1)

(t) [Tlie following seems to be a copj- of the letter sent by Mr. Hincks, addressed to
the Governor of Connecticut.]
Hoii'ble Sirs —

By and with the advice of their llaj'tics' Council for the Province of New Hamp-
shire, 1 here lay before your Excellency the great hardships & difficulties the inliahi-
|.ants of this Province labor under: Sir Wui Phijips, Governor of the Massachusetts
Bay ill New England having all this winter aided and assisted this Province with

about soldiers, whom this Province has been at the charge of maintaining, has

now (though in the greatest time of danger) drawne olf the same, and lett this Province
wholly to defeiKl itself, which it is not able to do, unless aided and assisted by some
other of the neighboring Provinces; for that the Indian and French enemies are tre-
queutly making incursions and desolations, cutting oft" our frontier jjlaces and the
Inhabitants thereof.

Wc therefore request your Excellency (it being for their Maj'ties' service and the
preservation of their subjects here) to afford sui'h assistance to the Province of New
Hanii)shiie, by sending some soldiers iS; X'rovisions, as your Excellency shall think
necessary for their aid and relief. And on the like occasion we shall be ready to assist
you as occasion shall otfor to the utmost of our ability. Expecting your sjieedy answer
I subscribe, gentlemu your humble servant. J- U.

106

PROVINCE OP NEW-HAMPSHIRE.

[1693.

Ordered, That the Treasurer give order to the constables of
Hampton for to discount out of the prsent Rates in their hands,
the sum of 10 lb. 14s. 8d., being soe much already disburst by the
Inhabitants, and that he charge the several garrisons, to whom
the same was delivered, thei-ewith ; & that an order be issued out
to the Treasurer accordingly.

B. II. p. 56.

Province of New Hampshire,

By John Usher, Esq. Govern"" &

Commander-in-chiefe of s'* Province, and

Vice Admirall of the same.

These are, in their Maj'ties name to require and command you,

Capt. Thomas Packer, to grant and issue forth your Warrant,

directed to the clerke of your company, to levy by distress and

sale of the several persons goods hereunder mentioned, the sum of

live shillings on each person, for their not appearing with their

arms, on Thursday the 11"' day of May, instant, according to an

Act of the Assembly entitled an Act for settling the Militia; and

hereof you are not to fail at your perill. Dated this 18"^ day of

May, 1693.

"William Comes
Ferdinando Ilusse
George Snell
William Richards
Benjamin Sargeant
Daniel Fogg
Samuel Smith
Hugh March
Thomas Lewis
Samuel Sackford
Joseph Sheward
John Miller, sen.
Joshua Broune
Samuel Babb
Matthew Libbe
Richard Davis
Jolni Ham
John Jackson, sen.
Peter Babb.

Richard Waterhouse, jun.

John Clarke

Richard Claye

Daniel Duggins

Daniel Libbe

John Geere

Samuel Rawlings

Robert Almery

John Blasted

John Jackson

John Libbe

Richard Rogers

Thomas Pickering

Hugh Bamfljld

James Laytou

Henry Savage

Nathaniel Knight

William Davis

Markellunkins.

1693.] MINUTES OF COUNCIL. 107

B. II. p. 57, 1G93.

At a Councill held at Great Island
the 30'" day of May, 1693.
Present
The Lieut. Governor

Nath Frver ') Hciirv Greene ^

Kol)'. Elliott VEsqs. Natl/. AN^eare > Esqs

Peter Coffin ) Will'" Vaughan )

Ordered, That the Treasurer pay James llandall out of the
treasure soe much money as will make up what he has already
rcc'd, the sum of 100 lb. toward paym'. of his Bill.

The Councill being' this day informed, tliut, pursuant to an order
of Council made the 17"' of March last, for making the Great
Island a Towne, the Grant of the same was prepared and engros-
sed: the which, being read this day in Councill and none
making" any objection why the same should not be signed & sealed —
save Major Vaughan, who desired his dissent might be entred
against the passing the same, for that he thinks the King's Com-
mission gives liberty to the Lieut. Govern'" to make Towns but
not to divide Towns; wiiereupon the Lieut. Govern'' in Councill
signed and executed the same grant.*

♦ CHARTER OF THE TOWN OF NEW CASTLE.
[Copied from the original, written on parclinient, in black-letter or olil English. Fur-
nished by Rev. Lrcius Alden, of New Castle. — Ed.]

WiLLiAJt AND Maky, by the Grace of God, of England, Scotland, France and
Irelan<l, ICing' and Queen, Defenders of the Faith, &c., to all people to whom these
presents shall Come Greeting. Know yee tlijit Wee of our especiall Grace, certain
knowledge, and meer motion, have Given and Granted And by these presents as farr
as in us lyes. Doo give and Grant to our beloveil Subjects, ISIen and Inhabitants, within
and ui>oa Great Island, within our Province of New Hampshire, in New England,
and the lands to them belonging, Running from a point of Land there on the South
side of Saggamores Creek, called Sanipsons point, and from thence Southwest by the
outside iif the fenced land of Saggatnores Creek to the head of Aaron INIoses tield to an
old Hend ick Tree by the side of the Road way, anil from thence uiion the aforesaid
Southwest point to the Road way, between Sandy Beach and Greenland, leaving
Greenland about three miles to the Westwards soe forwards ufion the same point to
Hampton Bo\uids, and then East to the Sea, that the same be a Towne Corporate by
the name of New Castle to the men and Inhabitants thereof forever. And Wee doe
by these presents Give and Grant unto the said INIen and Iidi.abitants of our Towne of
New Castle, all and every, the streetes, lanes and highways within the said Towne, for
the Publiquc use and service of the Men and Iidiabitants thereof and travellers there,
together with full power, lycence and aulhoi ity to the said men and inhabitants within
the said towne f )rever, to establish, appoint, order and direct the establisliiiig. making',
laying out, ordering, amending ainl repairing of all streetes, lanes, highways, ferry
pl:ices an 1 Bridges, in and throiighoul the said Towne, necessary, nee<lful and conven-
ient for the Men and Inliabitauts of the said towne, and for all travellers and passen-

108 PROVINCE OF NEW-HAMPSHIRE. [1693.

B. II. p. 61.

At a Council held the 1^' of August,
1698.
Present
John Hiucks, Esq. Pres*.
IS^ath'. Frver "j NatW. Weave )

]U)b'. Elliott l-p.^„ AVm. Vaug-han J-Esqs.

Peter Coffin [ ^^^^^' Tdch'^. Waldron )

Hem-y Greene J

The other House having sent up a Bill for raising 200 lb. ; upon

gers there : Provided always that our said Lycence soe as above granted for the estab-
lishing, making and laying out of streetes, lanes, highways, ferry places and Bridges,
be not extended or construed to extend to the taking away of any person or persons
Bight or Property without his, her, or their consent, or by some knowne law of our
Province: To have and to hold and enjoy, all and singular, the premisses aforesaid,
to the said Meu and Inhabitants of the said Towne of New Castle and their successors
forever, Rendring and paying therefore unto us, our heirs and successors, or to such
other otiice or officers as shall be appointed to receive the same yearly, the annual
quitt rent or acknowledgement of Owne Peppercorn in the said Towne, on the live &
twentieth day of October, yearly, forever. And for the better order, rule and govern-
ment of the said Towne Wee doe by these presents Grant for us and our successors
unto the men and Inhabitants of the said Towne, That yearly and every year upon
the first Tuesday of March, forever, they, the said men and Inhabitants of our said
Towne shall elect and choose by the major part of them two sufficient and able men,
householders in the said Towne, to be Constables for the year ensuing, which said
men so chosen and elected shall be presented by the then next precedeiiig Constables
to the next Quarter Sessions of the Pe:ice, to be hell for the saiil Province, there to
take the accustomed oaths appointed by Law for the Execution of their offices, under
such penaltyes as the Law of our said Province shall appoint and direct up(ui refusall
or neglect therein. And Wee doe by these presents Grant for us, our Heirs and suc-
cessors, unto the men and Inhabitants of the said Towne, That yearly and every year
upon the said first Tuesday of March, forever, they, the said men and Inhabitants of
our said Towne, or the major part of them, shall elect and choose three men. Inhabi-
tants and householders, within our said Towne, to be overseers of the jioor and high-
ways, or selectmen for our said Towne, for the year ensueing, with such powers, privi-
leges and authorities as any overseers or selectmen within our said Province hare and
enjoy or ought to have and enjoy. And Wee doe further by these presents Give and
Grant for us, our Heires and successors, unto the men and Inhabitants of the said
Towne and their successors, forever, That they shall have and enjoy and use the Ferry
the days of the Fairs of New Castle, aforesaid, forever, to be held there every Wednes-
day, and one Fair for two dayes, to witt, on the first Tuesday and Wednesdayes of
July, forever, together with all issues and profits to the said Market and Fair accrew-
inc or hai)pening, and all liberties and tree customs, priviledges and emoluments to the
said Market and Fair belonging or appertaining: To li;ive and to hold the said Mar-
ket and Fair with issues and profits and liberties and free customs, priviledges and
emoluments to the same or either of them accrewingorhaiipening, belonging or apper-
taining to the said men and Inhabitants of our said Towne of New Castle and their
successors, forever. In testimony whereof Wee have caused the Seal of our said
Province to be hereunto affixei. Witness, John Usher, Esqr., our Lievetennt. Gov-
ernor and Commander in Chiefe of our said Province at our said Towne of New Cas-
tle, the thirtyeth day of May, in the fifth year of our Keigue, Annoque Domi. 1693.

Jy. USHEK.
By the Lievt. Governours Command,
Tho. Davis, Sec'ry.

100:1.] MINUTES OF COUNCIL. 109

roadiiiii- tlie same, the otlier House was sent for; — wlioc, aKciid-

iiiy- —

Tlio PresH? desired to know Avliat should Ix' done with I lie 200
lb.; say, IhS lb. was to pay the treasurer; the rest to g'oe to de-
fraye tlie cliarge of the out garrisons whieh they conceive woukl
be sutficieut for 2 moutlis.

Mr. "WaUlrou is excused from attendino- the liouse until Thurs-
day ucxt. . Adjourued to 10 o'clocl<:, tomorrow.

At a Couucill held the 2'' of August,
1693.
[Present — the same except Rich. Waldrou.]
Tliat it be referred to Mr. Elliott and Mr. Coffin to consider of
the Bill sent from the other House concerning the importation of
goods from Boston, & to report what thej^ think fitt to be done
therein.

Adjourned to 10, tomorrow.
[Present — the same]

Adjourned to 12, tomorrow.

B. II. p. G2.

At a Council held the 4"^ of August,
1693.
Present
John Hincks, Esq. President

Xath'. Frver, ) William Vaughan, ? ^

Rob' Elliott, VEsqs. Rich^i Waldron, ^ ^sqs.

Henry Greene, )

The Bill concerning Ministers &c. sent from the other House,
being agreed to as it was, sent down.

The Bill for preventing profanation of the Lord's day, agreed
to by both Houses.

The Bill concerning the Post Office, sent from the other House,
to which this House concurs.

An addition to the Bill to compel constables to gather the Rates
sent up & agreed to by the other House, as it was sent down.

Ordered, That the Secretary carry the several Bills to the Lieut.
Govern^

Adjourned to 10 o'clock, tomorrow.

110 PROVINCE OF NEW-HAMPSHIRE. [1693.

At a Council.

The Councill being moved that a
leave maj'^ be given for the freeholders of New Castle to convene
together and choose commissioners, selectmen, and other officers,
for carrying on the Prudential affairs of the town — the which
was granted.

That the Treasurer pay for the use of the House and man's
attendance.

Esqs.

B. II. p. 64.

At a meeting of y^ Councill at
G^'. Island, the 25"' Aug'. 1693.
Present — John Hincks, Esq. President
Nath'. Fryer ^ AYm. Vaughan

Pob'. Elliott > Esqrs. Eich<i Waldron

Peter Coffiu )

Upon advice from y® L' Govern'', that Col. Fletcher has given
information to y^ Goveniment of Boston of his fears of some of
y" 5 Nations being drawn over to the French enemy, & that a
considerable number of French and Indians are come over the
Lake(l) with a design of an attack vipon some of these his Majes-
ties'Provinces: For y" better security of their Maj 'ties' subjects
within this Province, it is ordered That the several Capt^ & com-
mittees of Militia in the respective towns, doe take especial care
to continue their Gariisons, watches, wards and scouts ; & that
y^ soldiei's posted in y*^ frontier garrisons doe continue in their
several posts till further order.

Province of the Massachusetts Bay, in New England.

[1693.]
The Submission and Agreement of the Eastern Indians, at Fort
WiUiani Henry in Pemaquid, the 11"' day of August, in thejifth
year of the reign of our Sovereign Lord and Lady, William and
3fary, by the grace of God, of England, Scotland, France, and
Ireland, King and Queen, Defenders of the Faith, d-c. 1693.

[Copied from Math. Mag., Vol. II. pp. 625-626. Hart. Ed. 1853.]

" Whereas a bloody war has for some years now past been made
and carried on by the Indians within the Eastern parts of the said

(1) [The " Five Nations " of Indians were composed of Mohawks, Oneidas, Onondagas,
Cayugas, and Senecas; tliey inhabited at that time in Western New York and about
the shores of Lake Ontario, and were classed under the general name of Iroquois. ]~Ed.

1C93.] INDIAN TREATY. Ill

Provinoo, a,i;'ainst their Rlajestics' subjocts, the Eiiylish, thi-oiijfh
the iiislijiatioii and iiifUieiii-es of the French ; and l)ein^' seiisil)lc
ol" the miseries \\ hi(;h Ave and our people are reduced unto, i)V
adherin<i- to their ill ci>uneil: We, whose names arc hereunto sub-
scribed, being Sagamores and Chief Captains of all the Indians
belonging to the several rivers of I'euobscote and Kennebeck,
Amarascogeii and Saco, parts of the said Province of the Massa-
chusetts Bay, within their said Majesties' soveraignty, having
made application unto his Excellency Sir William Phipi)S, Captain
General andGovernour-in-Chief in andover the said Proviiu-e, that
the war may be put to an end, do lay down our arms, and cast
ourselves upon their said Majesties' grace and favour. And each
of us respectively for ourselves, and in the name and with th(! free
consent of all the Indians belonging unto the several rivers afore-
said, and of all other Indians within the said Province, of and
from Merrimack lliver unto the most easterly bounds of the said
Province: hereby acknowledging our hearty subjection and obe-
dience unto the Crown of England ; and do solemnly covenant,
promise and agree, to and with the said Sir William Phips, and his
successors in the place of Captain General and Governour-in-Chief,
of the aforesaid Province or territory, on their said Majesties'
behalf in manner following: viz.

" That at all time and times for ever from and after the date of
these presents, we will cease and forbear all acts of hostility
towards the subjects of the crowu of England, and not otter the
least hurt or violence to them, or any of tTiem, in their person or
estate: But will hence forward hold and maintain a tirm and con-
stant amity and friendship with all the English.

'' Item. — We abandon and forsake the French interest, and will
not in any wise adhere to, join with, aid or assist them in their
wars or designs against the English, nor countenance, succour or
conceal any of the enemy Indians of Canada, or other places, that
shall happen to come to any of our plantations within the English
territory, but secure them, if iu our power, and deliver them up
unto the English.

" That all English captives in the hands or power of any of the
Indians, Avithin the limits aforesaid, shall with all possible speed
be set at liberty, and returned home without any ransom or pay-
ment to be made or given for them, or any of them.

" That their Majesties subjects the English shall and may peace-
ably and quietly enter upon, improve, and forever enjoy all and
singular their rights of lands, and former settlements and posses-
sions within the eastern parts of the said Province of the Massa-
chusetts Bay, without any pretensions or claims by us, or any
other Indians, and be in no wise molested, interrupted or disturbed
therein.

" That all trade and commerce, which may hereafter be allowed
between the English and Indians, shall be under such management
and regulation as may be stated by an Act of the Geueral Assem-
bly, or as the Governour of the said Province, for the time being,
with the advice and consent of the Council shall see cause to
direct and limit.

"If any controversie or difTerence at any time hereafter happen
to arise between any of the English and Indians, for any real or

112 PROVINCE OP NEW-HAMPSHIRE. [1693.

supposed wrong or injury done on one side or the other, no private
revenge sliall be taken by the Indians for the same, but proper
application be made to their Majesties government upon the place,
for remedy thereof, in a due course of justice; we hereby submit-
ting ourselves to be ruled and governed by their Majesties' laws,
and desire to have the benetit of the same.

** In the full manifestation of our sincerity and integrity in all
tliat which we have herein before covenanted and promised, we
do deliver unto Sir William Phips, their Majesties Governour as
aforesaid, Ahassombamett, brother to Edgeremett, Wenonga-
hewitt, cousin to Madockawando, and Edgeremett, and Bagataw-
awongon, alias Sheepscoat John, to abide and remain in the
custody of the English, where the Governour shall direct, as
hostages or pledges for our fidelity, and the true performance of
all and every the foregoing articles, reserving liberty to exchange
them in some reasonable time for a like number, to the acceptance
of the Governour and Council of the said Province, so they be
persons of as good account and esteem amongst the Indians as
those which are to be exchanged. In testimony whereof, we have
hereunto set our several marks and seals the day and year tirst
above-written.

Edgeremett John Wing

Madockawando Nicholas Manning.

Wassambomet of NavidgTTock. Benjamin Jackson,
"VYenobson of Teconuet, in behalf Poisin Doney

of Moxus. Madauuis,

IvETTERHAMOGisof Narridgwock. Paquaiiaret, alias Nathaniel
Ahanquit of Penobscot. TJohn Hornybrook,

Bo:«ASEEN j John Bagatawawongo, alias

Xitamemet 1 Sheepscoat John,

Webenes. (^Piiill. Ounsakis, Squaw,

AwANSOMECK, Interpreters."

B. II. p. 112.

At a Councill held at New Castle
on Monday, the 8"' of Jan. 169|.
Present
John Hincks, Esq. President
Natli'. Frver"! Henrv Green ^

Eob'. Elli'ott i ^ AVm. ■ Vauylian V Esqs.

Peter (\)ffin f-^^^-^- Eich'i Waldron )

Nath'Wear J
Ordered, That whereas there has been presented unto this
Board a petition from Eliza"^ Fabens concerning the proof of her
will, in that Capt. Packer hatli taken from her the sum of three
poiuids for in-obate of ^'^ will; that Capt. Packer forbear to grant
any Probate of AVills, or Letters of Administration, till farther
ordered ; & that he attend this Board on the last Tuesday this
lust., to answer the s'^ complaint.

IC^Oi.] MINUTES OF COUNCIL. 113

Onlcrod, Tliat Capt. Walton attend tliis r>oar(l on the last Tues-
day iu this month to give an ace', of tlicir Maj'ties' stores.

Capt. Smith's ace"*, for two soldiers posted at Edward Hilton's
garrison & billeting, am' to £B: 17: 0. was allowed, and it is
ordered that the Treasnrer pay the same.

Ordered, That Mr. Elliott, Mv. Wear, and Mr. Green insi)ectthc
Treasnrer's acco""; and to return an acco' of the same to the next
Councill Board.

Ordered, That the dep' Secry give orders from this Board to
the Committee of Militia of each frontier towne that they take
care that the several garrisons be kei)t in repaire ; & where any
be defective to be amended as the Militia think titt.

Ordered, That Mr. Kichard VValdron should draw up a letter to
be sent for England.

Mr. Rich"^ VYaldron having drawn up a letter to be sent for
England, it was read in Councill and approved of.

Ordered, That the deputy Secretary transcribe the said letter
fairly, with copies of the order of Council sitting on 4"^ Decem-
ber last, to be sent for England: which letter is on tile.(l)

B. II. p. 113.

At a Councill held at New Castle
the 2^' February, 169|.
Present
The Lieut. Govern'".
Jno. Ilincks, ^ Hen. Green, 'I

Nath' Fryer, [j, Nath'. A\^ear, I

Bobt. Elliott, T^^^l'^- Wm. Vaughan, f^^^^-

Peter Cuflan, j Bich. WaldronJ

The Lt. Govern"" demanded of this Board the state of the Prov-
ince since he went from hence:

Mr. Bich. VValdron answered, that it was as his Honor had left
it: — nemine coiitradicente [No one contradicting].

The Lt. Govern"" made a speech and presented a letter which he
wrote to Sir Wm. Phipps and Councill, which was read in Coun-
cill concerning the running of the line between the Province of
Massachusetts and New Hampshire : and ordered it to be en-
tered (2).

(1) The letter cannot now be found. — Ed.

(■-") [The following imperfect minute, B. II. p. G5, seems to be the substance of the
letter rcferrcil to.] — Ed.

" Mis Mn,ie.sty having granted his Royal commission to Samuel Alloii, Esq. Governor
and coinmandor-in-chief of all that part of the Proviuco of New Jlampshiro within
8

114 PROVINCE OF NEW-HAMPSHIRE, [1G94.

Ordered, That the selectmen of Hampton take an ace' of what
persons live three miles of this side of Merrimack River.

The petition of widow Fabens was read in Councill concerning
Capt. Packer's taking three ponnds for Probate of a Will. It
being debated in Coniicill, Mr. Peter CofSn declared that he
judged the same was through ignorance, & that the money ought
to be returned to the widow : JSfemine contradicente..

Ordered, That Capt. Tho. Packer return back the money to the
widow.

Ordered, That the fees as on the list is for granting administra-
tion, &c. be the stated fees for the Judge & Secretary for Probate
of wills & granting letters of Administrations.

rapt. Pickerings petition was read in Councill concerning fees.
The Ltt. Govern'' asked, What fees he would have allowed?
Capt Pickering answered that he thought two s. was enough
for serving a writ.

Whereas that Capt. Pickering did in his petition say, that he
knew of no fees settled by the General Assembly; — the order for
the settlement of fees was read in Councill out of the Genei'al
Assembly Booke.

Capt. Walton appeared before the Board as ordered to give
ace' of tlieir Maj'ties' stores : The Lt. Govern"' asked this Board
if there was any complaint of his embezzling their Maj'ties' stores.

Mr. Waldron answered, Noe. Nemine contradicente.

the dominion of England, in America, beinij and extending itself from tliree miles
nortliward of Merriiaick river or aiiv part there )f unto tlie Pr)vince of Main, with
the south jiart of Isle a Shoals, and powerof Admiralty within said Province — whether
the bounds from 3 miles nortliwanP of Merrimaok river to Province of Maine should
be asserted and maintained ; and the Inhabitants witliin the — and bordering upon the
town of Hampton shall be assessed by the town of Hampton, to pay rates and taxes
in the sal 1 town."

Under date, " Isew Castle, November — 1G93 " is found also the following letter, B.
II. p. 66 ] — Ed.

" Province
New Hampshire. Gentlemen — I am directed by order of the Lt. Governor and Coun-
cil of this Province to acquaint your Excellency and Council upcni receipt of yours
dited the 7th inst. signed by Isa. Addington, secretary, concerning the running of the
Bounds between the Province Hampshire, and tlie Province Massachusetts Bay: the
honorable .Ino. Usher, Esq. Lt. Governor of this Province is reiuested to discour.se
your Excellency or any other persons, commissionated f )r the pur[)ose about running
the lines betwi-en the two Governments; that so, between this and the last Tnesday of
3Iarch, the same be accoinpli.'^hed; — there being persons conunis>ionated for etfecting
the same — which is the needful at present.

Gentlm. your hunibl servant

Kedfoiid, Deputy Secretary.
" To his Excel. Sr. Wm. Phipps,
G )vernor and Councill,
ia Proviuce Massachusetts Bay."

.1G94.] MINUTKS OF COUxNCIL, llo

The Ltt. Govern'' declared to the Board tliat the reason for liis
not staying here, was that the Province liad iiol made provision
for support of the honor of tlie King's novernmenl ; and that
upon all (Mueriient occasions for calling a Councill, they ought to
give liim notice of the same for his directions therein ; & that
Capt. "Walton was not to render an ace' to none hut himself, ex-
cept there was a complaint that he had imbezzlcd tiie King's
stores.

Capt. John "Woodman's petition was read concerning billeting
a soldier.

Ordered, That Capt. AVoodman's account be received, and that
Thomas Fooltman [?] be listed as soldier in the forte in the mean
time.

The Lieut. Govern'" motioned to this Board of a citadel to be
built in this fourt.

deferred untill further consideration till the next Assembly.

The Lieut. Govern'' asked of this Board whether they had any
thing to otfer for the service of their Maj' ties' in tliis Province.

The Board answered, Nothing.

The Lieut. Govern"" having demanded as above to l^now if any
thing to olfer for their Maj'ties' service ; acquainted Mr. Tlincks
and the Councill that he found they had passed an order contra-
dicting the order for the secrt^ going home for England.

Mr. Hincks replied, It was an order of Councill.

The Lieut. Govern'" declared he was not to admit of it, and then
made his speech, (1) viz:

And tlien dismist the Council.

B. 11. p. 117.

At a Council lield at New
Castle, April l^'^* ICDi.
Present
The Lieut. Governor
• Nathi Frvar ? -c,„„„ Peter CoflTin

liobt,

T'l'V'*"' ly.n^ Peter CoflTin ? ,.

Elliott I ^■^^^- Wm. Vaughan <, ^^^^•

The Lieut Govern"" declared to this Board, tliat the occasion of
his coming into the Province at this time was by the death of Mr.

(1) The speech is not found on record.

116 PROVINCE OF NEW-HAMPSHIRE. [1694.

Mai'tin,(l) who was Judge of the Superior Court, and that there
may not be a huidrance or stoji to the proceedings of said Court
by liis decease, to appoint anotlier Judge; and in tlie next place,
for settling of the Garrisons.

The Lieut. Govern'' demanded the state of the Pi-ovincc since he
went hence ; and if any tiling of importance had hapned in this
Province since he went;

Answered — As his Honor had left it.

The Lieut, GoA'ern"" proposed to this Board for a Committee to
be chose to receive the claims of such to whom tlie Province is
indebted to.

Ordered, That a committee be appointed to receive the claims of
such to whom the Province is indebted to, to lay the same before
the Lieut. Govern'' and Councill at the next General Assembly,

Ordered, That the Pates that are not gathered into the treasury
shall be for the paying of the soldiers.

Ordered, That the Treasurer i)repares his ace' to lay the same
before the Lieut. Govern'' and Councill at the next General
Assembly.

The Lieut. Govern'' asked the Board if they had any thing to
offer for their Maj'ties' service in this Province.

Motioned, That watching and warding at Fort "Wm. & Mary
was burdensome to the town of New Castle, and desired some
redress therein.

Ordered, That there shall be six men impressed for their Maj'ties'
service in watching and warding at fort Vim. & Marj', and to be
paid out of the public revenue.

Ordered, That all garrisons be fitted up for the security of their
Maj'ties' subjects, on the penalty as the law directs for neglecting
the same. Ordered, That the order be sent to the Militia of each
town for the same, by the Deputy Secretary.

Dismist.

(1) Hichard Marfyn was appointed 'a Judge of the Court of Common Pleas, and
took liis seat as such at tlie December and March terms, 1692; and June, 1693. Before
the August term, 1693, he was ai)pointed Chief Justice, and sat as such at the August
and Sei)tember terms. And on the 30th of October, 1693, he was appointed Chief Jus-
tice of the Supreme Court of Judicature, and presided in the courts held October 31,
and Isovember 14, 1693, and held the office till his death, April 2, 1694. [See Biog.
Sketch, by Hon. S. D. Bell, N.H. Hist. Coll., "Vol. YIII. pp. 311-317.] — Ed.

I"''' I.] MINUTES OF COUNCIL. 117

B. n. p. 127.

At a Councill held at Xcw Castle,

May 18"' IG'Jl.
rrescnt
The Lieut. Governor.
Nath'. Fryari Nath^. Wear ? ,5,^ ^

lloh«. Elliott V Esqs. Eichard Waldroii <, ^^*1^*

Peter Coffin )

The Ltt. (Govern'' spoke to the Board, (viz.) ITaviiij^ sliowed
you how their Maj'ties' Fourt is out of repairc, therefore d(Mnand
M'liether it be not out of absolute necessity forthwith for tlje secu-
rity & defence of the place, to fortifie the breast works of their
MaJ'ties' Fourt where their Maj'ties' great guns are, for the safety
of tlie place and of their Maj'ties' subjects; the which place is not
secure in case an enemy should invade us.

Answered by the Council, Yes; — It is of absolute necessity.

B. 11. p. 128.

At a Councill held at IN'ew
Castle, May 19"^ 1G94.
Present
The Lieut. Govern""
Xath'. Frvar, ) Nath^ Wear, ? ,.

Rob'. Elliott, V Esq. IJicli. Waldron, \ ^-'l^-

Peter Coffin, )

Ordered by this Board, That Capt. Shadrach "Walton be allowed
seven pounds ten shillings per annum for doing service in their
Maj'ties' Fourt as gunner; so to continue until there be another
ai)point('d for that partictdar office.

The Ltl. Govern"" asked the [treasurer] if he liad any orders for
taking to himself the sum £18: 14s.? Ans"^. Noe.

Tlie Lieut. Govenr asked if those was the rates all he presented
to the Board ?(1) Ans. yes.

The Lieut, (xovorn"' demanded of the Treasurer, if he had paid
any money to Capt. Dow according to warrant? Ans. He liad
not paid him.

The Lieut. Govern"" asked, whether lie liad orders for paying six
and thirty pounds for clamps, when the said work was not done,
and the ace' was presented to the Board. Ans. lie had Mr. Ilincks
order.

(1) This (luestioii, in the original, is interliiioci, and is obscure.

118 PROVINCE OP NEW-HAMPSHIRE. [1694.

The Lieut. Govern"" asked, if he had any warr' to pay Capt.
Peiuiie £5:0:0? Ans. No, there was an order of the Councill,

The Lieut. Govern'' demanded Avhether there was any warrant
or order of Couneill for jxiying- Mr. Jose £8: 7s: 0? Ans. Noe.

The Lieut. Govern"" ordered the Treasurer to Avithdraw.

The Lieut. Govern"" demanded of the Councill whether the
eighteen pounds, fourteen shillings charged for attendance at the
Fourt should be allowed? Ans. It was not to be allowed.

The Lieut. Governor ask* the Councill whether the thirty six
pounds cliarged for clamps ought to be allowed? Ans. It is
irregular and not to be allowed.

The Lieut. Govern"" demanded, whether the eight pounds, seven
shillings payd to Mr. Jose ought to be alloAved? Ans. It ought
not to be allowed.

The Lieut. Govern"" sent for the Treasurer and acquainted him
that there Avas one hundred & one pounds, eighteen, and nine
pence of their Maj'ties revenue in his hands ; and that he had
issued money out of the King's Treasury contrary to the King's
instructions, and had refused to pay money by virtue of his order,
by order of Councill.

B. II. p. 130.

At a Councill held at New Castle,
May 2P', 169-1.
Present
The Lieut. Governor.
Nath' Frvar ^
Kobt Elliott^
IJen. Green ( ^
Peter CoflanJ

The Lieut. Govern"" acquainted this Board that on the 20 and 22<^
inst. he received Letters from Boston Avhich gave him ace' that
his wife was very ill, confined to her bed ; that she grcAv worse
rathei- than better, [and was a question Avhether she would re-
cover(l)] upon which he was going for Boston; and demanded
Avhctlier they had any thing to otter for their Maj'ties' service in
this Province before he went. The Board Avas silent.

(1) The clause in brackets seems to be erased. In Church Kecords of Hampton,
among marriages bj' Kev. Jolni Cotton, is the following : " March 11, 169 8-9, the hon-
orable Jno. Usher, Esq. and Madam Elizabeth Allen," — whence we infer that the
wile above refened to died. — Ed.

1G94.] MINUTES OF COUNCIL. 119

The Lft. Govern'' proposed to this Board to make clioycc of a
person to oversee the work at tlie Fourt. — Ans"!. Capt. Walton,
E\v'': Kandolpli.

The Lieut. Giovern'' proposed, -whether it Avas not convenient
for some one to advance £20: 00: o. to he i)ay<l out of tlie impost
& excise; and that the person h:ivc tlie same, &c., for his se-
curity. Ans''. Yes, it was convenient.

Tl>e Lieut. Govern"" asked the Board if (hey Avas not willing for
Avarrants to he issued out, to raise twenty men to work at the
Fourt; to he relieved once a fortniuhl?

Ordered, That Avarrants be issued out for to impress 20 men to
worke at the Fourt.

Ordered, That Obadiah Mors be payd IGd. for mending the
toucli-holes of the Great Gnus.

Ordered. That y*^ dep^ secr^ be payd 7:0:0,

Ordered, Tliat the house AAdiere the Assembly sat be payd.

Ordered, That Jno. be paid for his attendance at the Assembly.

The grant for the Township of Kingston Avas read and ordered
to have the seall affixed.

Dismist.

B. II. p. ir.2.

[The folloAA'ing paper is endorsed, — '' The Lieut. Gov : speech,
May 2P'."]

As you have the less to say to my speech, so yon give me occa-
sion at present to say less to you than intended: Butt, you hav-
ing spent days to give answer to my speech, hope you Avill not
judge it hard if itt be 14 days before I com pleat my ansAver fully
to your Text : the Avliich text you have done Avell to put me in
mind of. I shall begin av"^ your text, 1-i Lu. 28, — for av''' of you
intend to build a toAver and sitteth not doAvn first to count y*" cost
— I, therefore acquaint you, by & Avith the advice of the Coun-
cill, judge it of absolute necessity to repair and secure their
Maj'ties' Fourt, according to the power granted in the King's
Commission ; signifyc to you, according to your ansAver to my
Pl)eech, to make choice of 2 persons to join with 2 others of this
House to set doAvn and count the cost that they nuiy lay before
this Assembly a particular account of the same; — thei'elbre ex-
pect your choice & returne of the names so chosen to his Board.

120 PROVINCE OF NEW-HAMPSHIRE. [1C94.

B. II. p. 183.

[The fullowing- is endorsed — " The Lt. Gover' Speech to the
Assembly, May 23'', 94."]
Geutl" —

By virtue of the King's Commission and Instructions to me
granted, I doe demand of this Assembly to raise the sum of seven
hundred and two pounds: viz. Two hundred and two pounds
due from y** Province as by ace', for the breastwork of their
Maj'ties' foui't; and a place for the King's stores, one hundred
pounds: and for a scous(l) to secure the gi-eat guns & the King's
stores, four hundred pounds. Your answer hereto desire may be
despatched either as to the whole or part above proposed: y''
repairing of the Fourt, &c. being judged by myself & Council to
be of absolute necessity for their Maj'ties' service and security of
their Maj'ties' Province.

B. II. p. 135.

[The following paper is endorsed, — " 1694, speech to y" Coun-
cil as sending secretary to England."]

New Castle

Having now sjientt near one year and ^ in this Governm", to
this day I have not received Id. from it for the support of it;
though laid before yourselves and the Assembly last sitting, that
I had spent about 200 lb. money outt of my OAvn estate, besides
expense of time; and y" in y« money laid outt in y" King's Fourt,
Wm. & Mary, by constant following the iinishing of the same,
the country had about 700 lb. by my care saved them.

And having offered to yourselves and Assembly to propose some
ways that I might lay before the King, how the place might be
preserved and the honor of the government supported, and can
obtain no answer, but only an evasion pretending poverty:

I therefwre now acquaintt you, judge its for his Maj'ty's service
to i^resent to the King an ace* of my proceedings fi-om step to
step, & likewise a trvie ace' (as I apprehend) of the state and cir-
cumstances this Government is in : and that it may be soe done,
have thought proper to send the Secretary by this conveiance :

And you, Mr. Secretary, (2) is ordered to prepare yourself for to
o-oe by this conveiance to present to their Maj'ties the state of the
Province; & expect your return again in y*^ spring.

(1) Sconce — "A fort or bulwark ; a work of defence." — IFeb. Die.

(2) Thomas Davis was Secretary from 1692 to 1696.

1G9K] MINUTES OF COUNX'IL. 121

B. II. p. 137.

[The followino- paper, without date, (1) is ciKlorsod, —
" The Assembly's Answer to the Lt. Governor's proposals."]
To tlie Ilon"'-^ Lieut. Goven-^ & Councill
of their Maj'ties' Province of New Ilampsliire.

We, the Koproscntatives of this tlicir IMaj'tics' Province, being
by si)ecial order convened in Assend)ly to receive in charge what
might ofler for their Maj'ties' service & for the benefit of their
subjects in this Province: — We, have taken into our most serious
consideration wliat hath been recommended to us from your Board :
and, being sensible of the necessity of taking suital)h! measures
according to our capacity, for defraying the necessary cliarge aris-
ing for preservation and defense of this their Maj'sties' Province;
have past one Act for continuing impost, excise and custom for
one year: Also, have past one Act for raising forthwith seven
hundred pounds ; which, with what is in the treasury and arising
from custom, impost, &c. togetlier with one hundred pounds more
or less in tlie State Treasurer's hands ; We humbly conceive will
pay the Province just debts, according to what appeared before
us, and likewise maintain sixty men for six months with provision
and ammunition, and one third part of their pay, if demanded,
according to the proposals of the Govern"" & Councill of Massa-
chusetts, to send us the said sixty men for our assistance & defense
against our French and Indian enemy, of whose invasion upon us
there is great cause to fear.

As for other matters layd before us, as matters are circum-
stanced, the Province is not capable to raise supplies for those
ends, the rate now made being the greatest ever was raysed in
this Province, notwitstanding of our being greatly wasted & im-
poverished by the present war; therefore do humbly pray, that
yo"" Honors will please, by Address, spread before their Maj'ties
our most deiilorable condition; and do pi-ay that such methods
may be taken for the preservation and defence of this their Prov-
ince, as they in their wisdom, with the advice of their most hon-
Q^.bie i>i.ivy Council shall thiidc'ineet.

Past by the House ,

John Pickerin, Clerk.

(1) Probably passed during session of Assembly, 1604,

122 PROVINCE OP NEW-HAMPSHIRE. [1694.

B. II. p. 115.

[Letter about Mast-trees.]
Superscribed, ^'To our very loving Friend Samuel Allen, Esq.
Governor and Comniander-iu-cheife of their Maj'ties' Province of
New Hampshire in jSTew England, in America, and the Council
there: And to the Governor and Commander-in-chiefe of that
Province, for the time being."

After our hearty commendations: It having been humbly rep-
represented to her Majesty by the Memoriall of John Taylor,
merchant, that being under contract with the commissioners of
the l^avy for a yearly supply of New England masts, bowsprits,
&c. he has further for the introducing the building of ships in
those parts, titted a place, and has caused a ship tit for a fourth
rate to be built there; and has transported thither carpenters and
smiths for the continuing the said work. But that he has been
obstructed in his said undertaking by the Deputy Governor of
their INIaj'ties' Province of New Hampsliire : We have, thereupon,
received his Maj'ty's command* to signify his royal |>leasure unto
you, that you take care that the said John Taylor or his agents
within your government, be not any ways molested or interrupted
in the legal prosecution of their trade for naval stores for their
Majesties service and for the building of ships in these parts : and,
that for the better performance of their Maj'ties' service herein,
you give them all due countenance and assistance in their said
undertakings. And so, not doubting of your ready complyauce
herein, we bid you heartily farewell.

From the Council Chamber in Whitehall, the twenty-fourth day
of May, 1694, in the sixth year of their Majesties' reign.
Your very loving Friends.

Leeds. P.
Shrewsbury
ii. goodricke
J. Bridge WATER
I. Trenchard
• Chas. Montague.

B. II. p. 116, N. Hampshire, in New England,

yber 1G<J4.

May it please your L'^ships :

Upon your L'^ships signiticatiou of their Majesties' Royal pleas-
ure, that Jno. Taylor or his agents within this government, be

1G04.] MINUTES OF COUNCFL." 123

not any ways molostod or intorrn]>to(l in llio loo-al prospnntion of
tlioir trade for Naval Stores for their ]Maj'tics' service, and for the
buildiiiy of ships in those parts; but that wee give them all due
comdenance and assistance in their said undertaking'; in obedience
thereto, Ave forthwith passed an order in Council accordingly, not
knowing- of any obstruction given to any agent sent over in y"
business, so as to give occasion of conii)laint; but instead thereof,
those carpenters, smiths, &c. bi'ought hither for that service, have
been (in this time of Avar) freed from Avatchingf and Avarding' and
impresses, which all other y<= inhabitants of this Province are
necessitated for their own defence and preservation, to attend.
Indoi'sed — " Letter to England
'J''-- l(i94,"

B. II. p. 138.

At a Councill lield at ISTew
Castle, July 17, IGUi.
Present
The Lieut. Governor.

Xath' Frvar ) JVatli'. Wear ? ^

IJob'. Elliott > Esqs. Rich". Waldron, \ ^'^'l'^'

Hen. Green )

The Left. GoA^ern'' declared that the reason of his calling- of this
Council, at this time, Avas to lay before them the action of Capt.
Long-, & as on file.

The Lieut. Govern"" read a warr" to i-equire Geo. Long- to show
bv Avhat commission he Avore the King's Union Flag- on board his
ship: As see on file.

The Lieut. GoA'ern'' read anotlier Avarr" to apiirehend said Long
for contempt: As on file.

ScA-eral evidences concerning Capt. Geo. Long was read in
Councill, and the persons sworn before this Board: as per the
evidences filed. Said the contempt of the GoA^crnor's warr" was
a high contempt, and ought not to be sufiered.

Ordered, by this Board, That any persons aaIio have committed
any contempt, violence against the King's GoA^ernment in this
I'rovince, shall b(! proscicnted according- to laAA"; AA'liensocA'er they
may or should betaken or cer/.s«/(l), viz. Geo. Long and those
that have been abettors Avitli him in the late rebellious action, this
inst July.

The Lieut. GoA^ern'' demanded of the Judges and Justices (of

(1) Seized?

124 PROVINCE OF NEW-HAMPSHIRE. [1G94.

this Board) that they should see the Law prosecuted con': Geo,
Long and his abettors accordingly.

Pennie excepted against that sentence in his evidence, viz. He
valewed him not one blast of his breech.

B. II. p. 139.

At a Councill hold at Xew
Castle, July 2U"', 1094.
Present
The Lieut. Govern''.

Nath'. Fryar ) ^ Nathi. Wear ? p.

Bob'. Elliott I -^•-^^- Wm. Vaughan I "^^^i^'

The Lieut. Govern'' proposed to the Board, for sending a post
to Sir Wm. Phips to give him an ace" of the present news, and to
desire 100 men for assistance. N. W. ans"^. he did not know
whether it was necessary to send for men, it being a public war.

Ordered, That an exjDress be sent to Sir AVm. Phips, accord-
ingly.

Whereas there was a warr" from the Lent. Govern'' to Maj.
Wm. Vaughan to ride to visitt the garrisons: Maj. Yaughan's
return was red & filed.

Capt. Thomas Packer having an order to march witli men to
the relief of Oyster River, made his return w'^'' was read and is
on file.

The Lieut. Govern'' proposed to issue out a warr" for the per-
sons to go to Garrison and to take care of the stock of ammuni-
tion. Answered, the law was sufficient enough.

In answer to the petitions from Tho. Edgerly of Oyster River,
and sundry persons of Lubberland — as on file:

Ordered, That there be twent'*' men appointed to relieve and
secure the garrisons petitioned for, of Oyster River.

The Lieut. Govern"" pi-oposed to the Board to make a Brief(l)
tor supply of the poor people of Oyster River.

The Board answered. It was very convenient and necessary.

Dismist, at 3 o'clock.

(I) Brief — A letter-patent from proper authority, authorizing a collection or charita-
ble coutribution of mouey in churches, for any public or private purpose." — JVeb. Die.

lCO-1.] MINUTKS OP COUNCIL. 125

At a Council called, <li(fo (Vicm,
at 4 o'clock.
Prosont — TiiK S.vmk.
The Lieut. Governor read a letter from Sir "Wni. riiijjs in answer
to his letter sent by Post concerning the attack on Oyster River,
bearing date Julj^ 19'**, 1694, in -which Avas expressed; — "I can-
not order the detaching or impressing men to serve in your
Province."

B. TI. p. 140.

At a Council held at

Newcastle, July 24, '94.

Present

The Lt. Govern"".

Xnthi. Fryar^ NatW. Wear ^

Pol)'. J^lliott > Esqs. Wm. Vaughan > Esqs.

Peter Coffin ) Rich'i Waldron )

The Lt. Govern'' made a speech — as on file. 2 letters to Sir
Wm. Phips; one of 18"^ iust. and one of the 20"^ inst. The
Lieut. Govern"" read a letter from Sir Wm. Phips, dated, July
19t>^.

A petition from Capt. Woodman concerning the destruction of
Oyster River, was read in Councill.(l)

(1) The following is Dr. Belknap's account, of this terrible def<trnction : "Oyster
River is a stream which runs into the western branch of the Piscataqua; the settle-
ments were on botli sides of it, and the houses chief!}' near the water. Tliere were
twelve garrisoned hoTises, sufficient for the defence of the inhabitants; but, ajiiirehcnd-
ing no danger, some fiimilies remained at their own unfortitied houses, and those who
were in the garrisons were but indifferently provided for defence, some being even
destitute of powder. The enemy approache<l the place undiscovered, and halted near
the falls on Tuesday evening, the 17th of July. Here they formed into two divisions,
one of which was to go on each side of the river and plant themselves in ambush, in
small parties, near every house, so as to be ready for the attack at the rising of the
sun ; the tirst gun to be the signal. John Dean, whose house stood by the saw-mill
at the falls, intending to go from home very early, arose before the dawn of day, and
was shot as he came out of the door. Their firing, in part, disconcerted their plan ;
several parties, who had some distance to go, had not then arrived at their stations;
the people in general were immediately alarmed, some of them had time to make their
escape, and others to prepare for their defence. The signal being given, the attack
began in all parts where the enemy was ready.

" Of the twelve garrisoned houses, five were <lestroyed ; viz., Adams's, Drew's, E;dger-
ly's, >redar's, and Beard's. They entered Adams's without resistance, where they
killed fourteen persons: one of them, being a woman with child, they ripped open.
The grave is still to be seen where they were all buried. Drew surrendered his garri-
son, on the promise of security, but was murdered when he fell into their hands; one
of his children, a boy nine years old, was ma.de to run through a lane of Indians as a

126 PROVINCE OP NEW-HAMPSHIRE. [1G94.

The Lieut. Governor's wurrant to Capt. Woodman for posting
twentie soldiers, and to take the command of them at the garri-
sons at Oyster River.

The Lieut. Govern'^ letters to Sir Wm. Phips, bearing date the
2P' and 28'' Inst, was read in Councill.

Wni. Stoughton, Esq. liis letter to the Lieiit. Govern% dated
Boston, July 22^ read in Council, that he had ordered forthwith,
100 men for our relief.

mark for them to tlirow their hatchets at, till they had despatched him. Edgerly's
was evacuated; the peoi)le took to their boat, and one of them was mortally wounded
before they got out of reach of the enemy's shot. Beard's and Medar's were also evac-
uated, and the neople escaped.

" The defenders' houses were nearly all set on Are. the inhabitants being either killed
or taken in them, or else, in endeavoring to fly to the garrisons, some esca[)ed by hid-
ing in the bushes, and other secret places. Thomas Edgerly, by concealing himself in
his cellar, preserved his house, though twice set on tiro. The house of John Buss, the
minister, was destroyed with a valuable library. He was absent; his wife and family
fled to the woods and escaped. The wite of John Dean, at whom the flr.st gun was
fired, was taken, with her daughter, ami carried about two miles up the river, where
they were left under the care of an old Indian, wliile the others returned to their
bloody work. The Indian comi)lained of a pain in his head, and asked the woman
what would be a proper remedy; she answered, occapee, which is the Indian word for
rum, of which she knew he had taken a bottle from her house. The remedy being
agreeable, he took a large dose and fell asleep; and she took that opportunity to
escape, with her child, into the woods, and kept concealed till they were gone.

" Tiie other seven garrisons, viz., Burnham's, Bickfird's, Smith's, Bunker's, Davis's,
Jones's, an<l Wood man's, were resolutely and successfully defended. At Burnham's, the
gate was left oi>en ; the Indians, ten in number, who were appointed to surprise it, were
asleep under the bank of the river at the time that the alarm was given. A man within,
who hail been kept awake by the tooth-ache, hearing the first gun, roused the peojde and
secured the gate, just as the Indians, who were awakened by the same noise, were enter-
ing. Finding themselves disapiiointed, they ran to Pitman's defenceless hou.se and
forced the door at the moment that he had burst a way through that end of the house
which was next to the garrison, to which he with his family, taking advantage of the
shade of some trees, it being moonlight, happily escaped. Still defeated, they attacked
the house of .Tohn Davis, which after some resistance he surrendered on terms; but the
terms were violated, and the whole family either killed or made captives. Thomas
Bickford jireserved his house in a singular manner. It was situated near the river,
and surrounded with a palisade. Being alarmed before the enemy had reached the
house, he sent ott' his family in a boat, and then shutting his gate, betook himself
alone to the defence of his fortress. Despising alike the prond.ses and threats by which
the Indians w(nild have persuaded him to suritnder, he kept upaconsiant fire at
them, changing his dress as often as he could, showing himself with a ditierent cap,
hat, or coat, and sometimes withotit either, an<l giving directions aloud, as if he had a
number of men with him. Finding their attempt vain, the enemy w ithilrew, and left
him sole master of the house which he had defended with such admirable address.
Smith's, Burnham's, and Davis's garrisims, being seasonably apprised of the danger,
were resolutely defended; one Indian was supposed to be killed, and an 'ther wounded
by a shot from Davis. . . . The Indians finally withdrew, having killed and capti-
vated between ninety and an hundred persons, and burned abcnit twentv houses, of
which five were garrisons." Farm. liellc.\^\i. 1.38-141. [See further details of this ••de-
struction," and other attacks on Oyster River, in subsequent papers. Also Hist. Mem.
Dooar Enquirer, Nos. 123, 13'J, A. il. Q.]

1C94.] MINUTES OF COUNCIL. 127

Lt. Col. Piorcc his li'ttov IVoin Ncwborro, Avas red in roniicill
conceriiiiiii' raisin<<' of nieii ; intimating' tiiat no men did voluntaiy
ai)oar to come for rolicf.

Diincan CanilK^H's letter IVoni 15 tstoii was read — as on iWc —
intiniatino- tlie Mohauks liad made peace Avitli tlie Frcneli and
■were false?

Tlie Lt. GoA'ern'" acquainted llic T'.onrd, that it is expected, if
the soldiers come, Ave must raise i)rovisiou for them; and that if
they should come, if it Avere not necessary, to raise some men
here, to march av"' them to discoA^er the enemie by ranj^ing of the
Avoods; and desired the Board to consider of these affairs

Ordered, That if Bread can be "'ot for the soldiers, coiniii<i' from
Boston, then it is to be provided, otheiAA'ise they are oidy to be
posted at the tfarrisons, for secnrity of the <»"arrisons.

Ordered, That if th(! soldiers come from Boston between this &
Friday morning-, that 100 men shall be raysed to maich and range
the AVOods Av"^ them, under the command of Capt. ThAving-.

The Lieut. G jvern'' proposed to secure the cannoes along shoare,
that the Indians may not transport themselves over the river.

Not consented to.

Ordered, That Avarrants be issued out for detaching 100 men,
viz. out of Hampton, 50; out of E.Keter, 20; out of Portsm", 30;

Ordered, That they randezvous at Exeter with four days provis-
ion, to range the Avoods and /ie(7[?](l) the toAA'us and rivers from
thence to Newichawannock river.

The Lieut Govern"" proposed if the men did not come from
Boston, Avhether they should march Avith IG inen to range the
woods.

Judged it not safe.

The Lieut. Govern"" acquainted the Board of sundry persons
that Avas imprest for their Maj'ties' serAdce, that had deserted the
Province, juid desired their advice Avhat Avas to be done therein.

Answerd: That if any persons after they are imprest desert
the service, and fly into the other Provinces, advice thereof sliould
be sent to the other goA'ernment, so that they may be a\)prehended,
and sent back again.

Adjourned until 8 of the
clock, July 2j.

(I) //.-'i'/ — soinctimos inoaiis tlie s'liirce or ('Mrtliest part of a tiling. I'eihaiJS it
means lieie tlio extieiue b miiiLs of towns, an 1 sources ot" rivers. — Eu.

128 PROVINCE OP" NRW-HAMPSHIRE. [1694.

Letters relating to the Massacre at Oyster Jiiver.^

Portsmo. July 18"% [1694]
Just now arrived a post from Ovster River. The Indians have

destroyed the place killed & burned all they could. Nere have

Escaped and are too badly wounded doe "not Know but they be
all over our fi'rontiers.

wait yr. Honors Motion

Tho. Packer.

May i^lease yor Exy :

9 in y*' Morninsr 'New
Castle July 18"'^: 1694.
Just now have Received the Enclosed acco. our province all in
arms desire your Exy forthwith to [send] one or Two hundred
men with Arms & Aminition for the defence of the place and to
pursue the enimie: we fear Severall other or Towns in tlie prov-
ince are besett went from y" head of Oyster River to

y" mouth of it on both sides. Tho. Edgerly and his son wouuded
niakiny- their Escape and judge the whole place is Cut off.

Nott doul)tiiig- of Yor Ready Assistance I subscribe yor Exys
Humbl Servat.

John Usher.

To Geo. [Gov.] Phipps.

May it Pleas yor Excell. [rec. 21 July, 1694.]

Since the Lft Governrs of 18"^ inst. anoth is come to our hand.
The Indians verie numerous. Not less than three hundred. Douie
who signed the Peace was there, a woman who was Douie's ser-
vant made her escape, by reason of his being druuck. Saith Douie
did tell her that they did expect 600 Indians more, that the Mang-
waits were joined with them, and judge some Southern Indians
were there. There is two Fryars among the Indians who after
victory said Mass twice, the Indians did spred 6 or 7 miles, and
engaged all at once. Oyster Riv^er in a m;inner Ruined, only
about 20 houses left, the rest layd waste, unless we have a supply
of men from yourself Oyster River must be deserted. If Oyster
River be deserted, the Enimie will have an inlett to the whole
Country, for the Majests Service and Security of the Country de-
sire you would forthwith Supply us with one hundred men, wth
amunition & Provision to be posted for preservation of these
Out places, we are dispatching some souldiers into our Outward
Garrisons, according to the ability of this Province upon the
Alarms, wth all expedition. We dispatched from the Severall
Towns one third of the Militia in this Province for Releafe of
Oyster River, but before they came here the Eiiimie was drawn

* Copied from Hist. Mem. in Djl\ Eiiq., by A. 11. Q., No. 130.

1G94.] MINUTES OF COUNCIL. 129

of and could not bo met wi(Ii; its; Judged Eijihty povsons Killod
& taken, abundance of cattle Killed, last nijiiit three Indians
seen, sevcrall Guns tired. .ludji'e tiie Eninue is still horderinir
npou us, btit we want assistance to pursue thein, tluj Enimie
beiiiir so numerous. Desire that ordcMv may be <^iven to Just ices
and all Constables for the dispatch of Kxpresses: Not doubting
of yor Rediness to assist us, we beinj^- ready to alfordc our assis-
tance accordinj,^ to our ability, to your parts case the Euimie
should Invade yours.

Wee Crave your answer by this — ers

By order of the Lt. Governr & Councill
^Yn. Redford: Dcpt. Secry.

B. II. p. 142.

At a Council at New Castle,
July 25, 1694.

Present

The Lt. Govern"^

Nath. Fryar ) Nathl. Wear ^

llobt. Elliott > Esqs. AVni, Vau<4hau > Esqs.

Peter Coffin ) liich-i Waklron )

The Lt. Govern"" declared to the Board that yesterday it was
appointed, that if the men came from Boston, there should be one
hundred men raised to join with them, to range the woods, &c.,
for the impressing of which men, the Lt. Govern"" delivered a
warrant to Maj. AYm. Vaughan.

Ordered, That Mr, Elliott provides 8c. (1) of bread for the
soldiers.

The Lt. Govei'n"" proposed to the Board for apointing of fees for
those men that have workt at the fourt as day laborers, that they
miglit have ticketts for their wages.

Ordered, That the workmen shall be alloAved 2-6 i^er dlc:n, and
the masons 3s. jier diem.

The Lt. Govern"" declared to the Board that the king's commis-
sion declares that the Lt. Govern"" and Councill shall appoint
officers for collecting the King's customs, & displace any and apoint
others, &c.; and that Mr. Est wick refused the Lt. Govern"" to see
the acct. of what duties of imi)ost si)ice May last; a'ld for
copies of receipts of Mr. Partridge for powder, money, &c.,
which he tooke as a contempt.

(1) Eight luiuilrea.— Ed.

130 PROVINCE OF NEW-HAMPSHIRE. [1694.

Answered: That they never knew any apointed for tliat office;
nor knew that Mr. Estwick was in that place.

The Lt. Govern"' demanded of this Board to appoint an officer
for collecting- the dnties of impost in this Province, and proposed
Capt Cobbett.

Ordered, That Capt. Cobbett be appointed the officer for col-
lecting the dnties of Impost in this Province.

The Lt. Govern"" proposed to this Board that an order should be
issued out to the selectmen of each Town to inspect the towne
stock, and in case any want or defect to be immediately supplied.

Ordered, That warrants be issued out accordingly.

The Lt. Govern"" desired of the Councill that whenever they are
upon the attack of any place, they immediately dispatch an
Express to him.

The Lt. Goven"" askt the Board, if they had any tiling to offer
for their Maj'ties' service.

The Board answered, nothing :

B. II. p. 113.

The Councill called and sat the same day, at 7 of the clock past
meridian.

Present — The Lt. Govern""

Nath'. Fryar ^ Wm. Vaughan

Robt. ElHott > Esqs. Rich. Waldrou

Peter Coffin S

Esqs.

The Lieut. [Governor] acquainted the Board that he had re-
ceived accts. from Capt. Packer of a track of tlie Indians discov-
ered at Greenland ; that this occasion was the reason of calling
them, and that he thought it convenient to raise men forthwith
to pursue the enemy this night, and desired the Councill to give
their opinion thereon.

The Councill declared it is necessary, and to be done forthwith.

The Lt. Govei'u"" proposed where the men should meet to Ren-
dezvous.

Advised — at Joseph Berrie's house at Greenland ; so to march
vmder the comand of Capt. Thwing to range the woods between
Exeter, Hampton & Portsmouth this night.

Ordered. The Council was dismist.

1C)9 4.] MINUTES OF COUNCIL. 131

B. II. p. 74.

Grant of the Tovn of Kincjstou'n.

Wji & ]\Iaky by the Grace of God, of Eiifilaiid, Scotland, France
& Ireland, King- «fe Queen, defenders of the Faith &c.: — to all
people to whom these presents shall come, ^reelino-: Know ye,
that Ave, of our especial <rrace, certaine knowledue, & nicer mo-
tion, for ye due encouraj^i'ment of settlin<i- a new i)lantation, by
& with the advice & consent of our (Jouucil, have j^iven & grant-
ed, & by these presents, as far as in us lies, do <iive and i; rant unto
our beloved subjects, Isack Godfrey, Tho. Philbrook, jun., (ier-
sham Elkins, Sam'. Colcott, Tho. "Webster, Sam'. Derbon, Wni.
Godfrey, Jacob Garland, Jno. Mason, P]l)enezer \V('l)ster*, Xath'.
Sanbourn, Benj". Sanbourn, Jno. Moulton, Dan'. Moulton, Francis
Touse, «fe severall otliers of their Maj'ties loveing subjcicts that iu-
habitt <& shall inhabit w"'in the s-^ (irant within our Province of
New Hampshire, all that tract of land, to beg-in from seven miles
westward of the meeting-house now standing in Hampton, from
thence to run a due course west «fe by north ten miles into the
country, for its breadth four mile northerly from the head point of
the west line, from the s*^ meeting-house, and southerly within
three miles of the northermost side of Merrimack Kiver, and that
the same be a Town corporate by the name of Kingstownf, to the
persons hereuud'' named, & others of their Maj'"'-''' subjects, that
do & shall inhabit, forever; and we do by these presents give &
grant unto the s'' men & Inhabitants of our s'' town of Kingstown,
<!fc to such others as shall hereafter inhal)it, all & every tiie streets,
lanes & highwavs w"'in the s'' Town for the publick use & service
of the men & Inhabitants thereof, & travilers there, together w"'
full power, lycence & authority to tlie s'' men & inhabitants, and
such as shall inhabit w"'in the s<' Town, forever, to (istablish,
apoint, order and direct the establishing-, making, layeing out, or-
dering-, amending, pre])aring- of all streets, lanes, highways, ferric
places & bridges in & througlTt the s'' Towne, necessary, needful!
& convenient for the men & Inhabitants of the s*^ town, and for all
Travillers and Passengers there, Frorided allway that our s*^
lycence as above granted for the establishing, making & layeing
out of streets, lanes, highways, ferric places & bridges, be not ex-
tended or construed to extend to the takeing away of any ])erson
or persons right or property w"'(>ut his, her or their consent, or by
some known Law of our Provinci;, to have «fe to hold all and [ — ]
all & singular the premises fores'', to the same men and iiihai)i-
tants, or those that shall inhabit the s*^ Town of Kingstown, and
their successors for ever: Iicndering and paying therefor unto us
our Heirs and successors, or to such other officer or oflicers as
shall be apointcd to receive the same yearly, the annnall (^uitt
rent or acknowledgment of one? pei)per corn in the s*' Town, on
the five & twentietii day of October yearly forever. And for the
better order, rule and government of the s"" Town, we do by these

* The ancestor of Hon. Daniel Weuster.

t "This Grant comprehemled what now forms the towns of East Kington, ITawke,
and Sandown." — N. II. Gaz.

132 PEOVINCE OF NEW-HAMPSHIRE. [1694.

presents grant for us & our successors, unto the s^ men and In-
habitants or those that sliall inhabitt the s'^ Town, that yearly &
every year, upon tlie tirst Tuesday in Marcli forever, they the s*^
men & Inhabitants & such as shall inhabit of the s^ Town, shall
elect & chuse by the major part of them, two sufficient & able
men householders of the s'l Town, to be constables for the year
ensuing, w'^'^ s^^ men so chosen & elected, shall be presented to the
next Quarter Sessions of the Peace to be held for the s"^ Province,
there to take the accustomed oaths appointed by Law for the execu-
tion of their offices, under such penaltyes, as the law in our s'* Pro-
vince shall direct, upon refusal or neglect therein. And we doe
by these presents. Grant for us our heirs & successors unto s'^ jier-
sons & Inhabitants, and such as shall inhabitt in s"^ Town, that
yearly & every year, upon the s'^ first Tuesday in March, forever,
they the s"^ men & Inhabitants of our s'^ Town, or the major part of
them shall elect & chuse thi-ee inhabitants & householders w"'iu
our s<^ town to be overseers of the poore, and highways, or select-
men for our s'^ Town for the year ensuing, w"^ such powers, ]triv-
ileges and authority as any overseer or selectman within our s"^
Province have & enjoye, or ought to have and enjoy. In testimony
whereof we have caused the seal of our s'' Province to be hereunto
affixed.
Witness ourLft-Govei-n', Jno. Usher, Esq., Commander-in-Cheife

of our s'^ Province, at the Town of New Castle, on the

[Granted August 6. 1694.]
Past, & ordered to be iugrost:
in behalf of Councill,

Wm. Bedford, D. S.

B. II. p. 145.

At a meeting of the Commanders
of the Militia of this Province at N. C.
[New Castle] , August 6"> 1(;94.

The Lt. Govern'' acquainted them the occasion of calling them
at this time, was to consult of, &c. what is to be done for the
safety of the Province ; and in case an enimie should attack us,
to consider what number of men can be raised to pursue upon au
attack: and proposed that h of the men to be detacht to pnrsue,
if the enemie should attack us.

Advised — One half of the men to be detacht, upon an attack
of the enemie.

The Lt Govern'" askt their advice whether to j)ursue the enemie,
or to head (1) the body of Indians.

Concluded that 100 men shall be ai^ointed to pursue, and a
gi'eaf body to head the enemy.

(1) To head — To go in front of; to get into the front in order to stop.— Jre6.2)jc.

1G94.]

MINUTES OF COUNCIL.

133

TIio Governor proposed for provision: viz. 4 cwt. Bread for
caoli town, to be ready for a march.

Advised its very convenient & to be provided; and that notice
hereof be given to tlie selectmen of each town.

The Lt Govern'" proposed to call the companies together, to see
whether they are provided with arms & amunition uccurdiug to
law.

Advised — that all the Capt" doc inspect their resi)ective compa-
nies to sec Avhether they arc ])rovided accordingly; by sending
their serj'. & clerk to sec whether they be provided, as above.
Capt. Dow 80
Thwing 50
Packer 80
Gerrish 60

270

AVm. Yaughan, ? v-,^o
Rich-i. AValdron, \ ^^""^^

B. II. p. UG.

At a Conncill held at Xew
Castle, August 10, 1G94, at 12 of the clock.
Present
The Lt. Govern^

Nath'. Frvar, ^
Bobt. Elliott, > Esqs
Peter Coffin, )

Gentlemen — I give you an ace' of all my proceedings since I
came here last: and read the same.

Having issued warrants to Maj. Vaiighan to visitt the garrisons
in Hampton, Exeter, Oyster River, Dover, &c. ; w'^'^ accordingly
he did and made return.

As to Portsm" and New Castle, I have visited there : see some
garrisons not yet repaired : which I desire some care may be taken
therein.

My occasions calling me to Boston, they sutfering much by my
absence, and linding the country will not give me bread to eat,
do therefore acquaint you, I design for Boston; and in case you
desire me to endeavor a supply of men from that Government for
this Province, shall use my endeavors, if you desire it; and in my
absence Capt. Fryar, being ConnnMn-Chief he, with yourselves,
is to take care of the governm' in my absence.

The Board desired the Lt. (rovern'' to endeavor a supply of men
from Boston for security of this Province.

134 PROVINCE OF NEW-HAMPSHIRE. [1G94.

The Lieut. Govern''. acquainted tlie Board tliat Torliug-ton,

constable of New Castle, had oflTered a great contempt to himself,
in impressing his saddle, when he had notice it was the Lt. Gov-
ernor's, and had no warrant to impress it: and that he lookd
upon it as an aflfront to him, being- invested witli the King's
commission.

The Constable owned he took the saddle, and Mr. Cobitt
acquainted him, it was the Governor's saddle, and not to meddle
with it.

The Board advised. Captain Frj-ar should take the examination
of Uich*i Torlington and bind him over to the Quarter Session ;
and in the mean time to be of g-ood behaviour.

Ordered, That Dan^ Daggin be paid for 36 days work at fourt
Wm. & Mary.

Ordered, That Jonathan Whidden be paid for 3 days' work at
their Maj'tie's fourt, Wm. & Mary.

Ordered, That John Marden be paid for 3 days work at their
Maj'tie's fourt, Wm. & Mary, as a laborer.

Ordered, That Capt. Walton be paid hOs for his attendance as
purser of the workmen at their Maj'ties' fort.

The Lt. Govern"" declared, that whereas Capt. Jno. West and
Jno. Long, arriving in two mast sliips from England on the 8"^ or
9"^ instant, and to this day have not made their entry according to
acts of Parliament, 15 Caro. 2: I having given notice to Mr.
Phesant Estwick, Dept. Dist. Collector of the same, and ordered
him to make seizure of the ships & goods, which is not done;
therefore acquaint this Board that due care be taken on his
Maj'ty's behalf therein.

Their Maj'ties' letter being read in Council

Ordered, That John Taylor or his agents be not any ways mo-
lested or interrnpted in the legal prosecution of their trade for
Naval stores for their Maj'ties' service, & for the building of ships
in these j)arts; but that they Iiave given them all assistance in
their due undertaking.

The Lieut. Governor made a speech, &c.

ICOi.] MINUTES OF COUNCIL. 135

r.. TT. p. 148.

At a Couiicill lirld at New Castle
Auirust 11"', IG'Jl.
Present
Nath'. Fry;ii-, Esq. President.
Pobt. Elliott) William Vauiihaii ) ..

Peter Cutfiii VEsqs. Kith''. Waldroii ^ ^'^^^s.

Hen. Green )
The President acquainted the Board of what tlie Lt. Governor
spake concerning the Mr [master] of mast-sliips not showing their
clearings to liim, as to acts of Parliament.

Ordered, That notice be given from the Board, to the officers
thereto appointed, that they take care that if the master of the
mast shi[)s complained of, omit their duty in the breach of any of
their Maj'ties' Laws, they be prosecuted [according] to law.
The Council was dismist.

B. IT. p. 149.

Boston, 21 October, 1694.
Gent"

This day Wm. Stoughton, Elisha Cooke, Isaac Addington, Esqs,
discoursed with myself relating to supply y'^ Province Hampshire
with men &c. for reliefe and defence of y'' Province: whoe, I
acquainted that I was desired by yourselves, to make aplication
to Sir Wm. Phips & Council, for men and ammunition «& provision
for your posts; whoe signiticd to me that their law had now made
provisioii for supply of, and reliefe to otlier places, and that they
were readv and willing to the same; but withal, do judge the
Province Hampshire ought to pay for men, amuuition and pro-
vision, proportionable with themselves, of which are desirous to
know what may be done therein; & Avithal acquaiutt me that
many soldiers whoe had been in the Province to serve itt, were
very ill treated; the which I am altogether ignorant of.

That there may be no neglect on my part, accordingly writ to
Capt. Fryer to call you, gentlemen of the Council, to consult
what may be proper to be done therein, as to y^ whole or part;
and upon receipt of your conclusions and result therein, and noti-
fication from yourselves, what may be proper for me to ([o(\ I
sliall withal readiness doc that which may be for the i)reservation
and well-being of y*^^ Province ; and that no time may be neglected,
your speedy answer hereto will be requisite :

Avhich is all at present from
Gent" yrs.
John Usher.

136 PROVINCE OF NEW-HAMPSHIRE. [1694.

B. II. p. 150.

Boston, 18"' October, 1694.

Geutl".

Yors of 13* instant is come to my hands — in wliich take notice
of your willingness to bear a proportionable part according to y*
present circumstances of y'^ Province; & that when an Assembly
is called, you hope nothing will be wanting according to your cir-
cumstances & ability of the Province: In answer to which I shall
be ready and willing to doe what may be proper for their Alaj'ty's
sex-vice and good of the Province.

Therefore, upon signification to me from yourselves, when that
itt may be proper and convenient to liave an Assembly called, I
shall returne to the Province Hampsliire and issue out precepts ac-
cordingly.

Had you, in yours IS"' instant, signified when you desired an
Assembly might be called, for their Maj'tie's service, I should have
dispatched for accomplishing the same ; however, in y* mean time,
I shall endeavor to inform my self from this Government, what
they judge proportionable, soe that itt may be duly considered and
provided for; and your answer hereunto by first opportunity is
expected, by, Gentlemen, yo'' friend

John Usher.
Superscribed — "■ For Capt. Natheniel Fryer
Cornm'i-in-chief, Pres*. of the Council,
Province of Hampshire.

In their Maj'ties' service."

B. II. p. lol.

New Castle, 3^, 9'"-, 1694.

Hon'-i'^ Sir

Being informed by our Lt. Govern"^ of your readiness to give us
assistance against the common enemy, upon our signification of
what number of men we desire, and what we wull contribute to
the charge thereof; — we say:

That having late advices of y'' enemy's design against us, and
hearing from the Eastward that y** Indians encamped are already
out, Avhom we may hourly expect to make an attack upon us; wee
think it necessarily incumbent on us to consider and do what may
be most proi)er for defence of their Maj'ties' subjects; & for-as-
much as this Province, being a frontier to the enemy both at sea
«& land, is at extraordinary charge for soldiers to strengthen the

1G91.] MINUTES OF COUNCIL. 137

upper towns, and keep their ^laj'ties' post at New Castle in a pos-
ture of defence ayainst a sea invasion; besides tiic constant watch-
ing, warding and scouting of our inhabitants, which takes up
much of their time : considering also that the preservation of this
Province will be very much for their Maj'ties' interest, as well as
the loss will be detrimental to your own Government, by giving
the enemy the greater encouragement & advantage against you, —
wee therefore now make our application to you, and desire that
for their Maj'ties' service, you would please forthwith to send us
60 soldiers for the better defence of this Province ; and, notwith-
standing the great charges aforesaid daily growing upon us, we
shall take care for supply of said soldiers Avith i)rovision and
amuuition during their continuance within tliis government. An
answer hereto we pray by this messenger.

Superscribed — " Letter to
Sir Wm. Pliipps d^' 3'^, 1094."

B. TI. p. 152.

Yours of the S'l currant was this day laid by his Exc^ before the
Board, wherein you propose to be assisted with sixty soldiers from
this Province; and that you will subsist them and supply ammu-
nition ; representing the extraordinary charge you are at, and the
difficulties attending their Maj'ties' subjects within your parts by
frequent passing iipon duty : In all which you cannot but be sen-
sible that we have much more to say on behalf of this Province ;
besides that our outposts, which we are at very great expense to
support, are no little security to your Province ; however, are
willing to give what assistance we are able, to our neighbors and
fellow subjects ; and have advised his Exc^ that he give orders for
levjang the numbers of men you desire — expecting that over and
above what you propose for subsistence and ammunition, you do
further advance one third part at least of their pay ; which you
cannot think to be out of proportion, but will be readily consented
to by you. His Exc^ is about to prepare orders for raising of the
men, who will be got ready with what speed may be, and desu-e
your answer to these :

By order of his Exc^, the Governor and Council,

ISA. Addixgton, Sec^.
Boston, November 0"', 1694.

138 PROVINCE OF NEW-HAMPSHIRE. [1694.

Superscribed — " For their Maj'ties service.
To the Hon''''' John Usher, Esq. Lieut. Governor, the
Councill and Assembly of their Majy^ Province

of New Hamjishire."
These,

B. II. p. 153.

[Speech in the handwriting of Lieut. Governor Usher, but without signature.]

New Castle, 6"^ November, '94

Gentl", — Having- to the last Assembly presented the then state
of the Province and laid before tlicm the absolute necessity of
raiseing money for suport of y^ Governm', repairing of their
Maj'ties fourt & payme" of Debts due from the Pi-ovince, (and
though there was then a long cession) yet could not prevail for
raiseing any money ; & having my speech to the then Assembly
now recommended to your consideration; — have the less to say.

I judge you are nott unacquainted with the enemy's destroying
many of their Maj'ties' subjects at Oyster River since the setting
of the last Assembly : shall say, had money ben raised that my
hands might have ben strengthened, the enemy should never have
gone off Avithout a repulse, as they did. One third of y"" Province
was ordered for reliefe, and to pursue and kill the enemy ; but
by reason of the not having of provisions, the soldiers returned
without doing any execution. I called y"^ captains to consult what
may be proper to be done in case of another attack by y" enemy :
with much difficulty concluded a number should be in readiness to
march; but as to provision, could not fiiid any encouragement y^
same should be provided.

I have issued out warrants to the several Towns for a number
of men to be impressed, to be ready at an hour's warning, for
march; and, if the enemy makes an attack while I am in the
Province, God willing, I design in person to be att y^ head of y^
forces appointed to be raised.

Judge one thousand or fifteen hundred pounds will be necessary
to be raised ; butt as yet not having ace' what the Province is
indebted, nor what rationally may be expected ; the which when
I am informed of. shall lay perticulars before you.

As to what hath been in my power, hath hitherto endeavored to
discharge my duty with a good conscience to God, and my King,
for v^ good & preservation of this Province: as formerly, soe
again, if you strengthen not my hands for support and defence of

1G91.] minutp:s of council. 139

the place, if ruin comes, the bhiiinable cause will not lay att my
door.

Att all times have manifested my rediness to serve you to utter-
most of my power; haviny ben ready and willing as to y*^ powers
of the king's prerogative, which is invested in myself, to execute
the same for the well-being of y" place.

I shall only add, we have ace' two bodies of the enemy is out;
the wliich with other circumstances doe require your expedition
as to matters laid before you.

And as I assure you, nothing shall be wanting on my part, as to
what may be proper for me to do for well being of y*^ place ; (hav-
ing due regard to the king's honor and prerogative) , soe hope
nothinjJT will be on yours.

B. n. p. 69.

At a Council held at New Castle
November S^, 1694.
Present
The Lieut. Governor.

Robt. P:iliott ^ Nath'. AYear ^

Peter Coffin >Esqs. - Wm. Vaughan > Esqs.

lien. Green ^ liichard Waldron )

Ordered, That notice be given from this Board to the several
towns, viz Portsmouth, Hampton, Exeter and New Castle, and
Oyster River, that all persons bring in their claims, what the
province is indebted to them since 15"* May last, to Capt. Dow,
Capt. Packer, Capt. Woodman, Avho are appointed to receive the
same at New Castle, on Tuesday the 6"' inst. and that the Commit-
tee make return of the same, the same day at 2 o'clock.

Ordered, That those that have, or shall hereafter go express to
Boston or elsewhere for their Maj'ties' service, are to be paid out
of the loublic Treasury.

Held by adjornment, 7"* inst.

Present — [The same.]

Capt. Henry Dow, Capt. Tho. Packer, Capt. Jno. Woodman,

being a committee to receive the accounts of the Province debts

sincu 10"' May last made their return — amount — £o'2'2: 19: 2d, as

on tile.

140 PROVINCE OP NEW-HAMPSHIRE. [1G9J:.

Ordered, Tliat the soldiers coming from the Massachixsetts shall
be allowed 24s per mo. wages, and not exceeding 35 per week for
diet.

Held 9«^
Present, Lt. Govei-nor, &c.
A petition from Peter Coffin, Esq. was read in Councill and filed.
Ordered, That in answer to Capt. Peter Coffin's petition, that
what men he shall bring from the other Province to assist him in
getting of masts, shall be protected from impresses as per his
protection, [petition?]

B. II. p. 70.

Held by adjormnent,
O^^"- 10, 1694.
Lt. Governor, &c.

The Lieut. Governor proposed to this Board how the soldiers
expected, should be received into this Province, and whei'C to be
posted.

Ans. That it would be convenient to post a number of them in
the room of our men, at Oyster River.

Proposed, How many at Oyster river.

Ans. 3 in a garrison would be necessary.

The Lieut. Governor proposed whether it was not suitable for
Maj. Vaughan to receive the soldiers, and to order the posting
when they come into this Province

Ans. It was very suitable for the Major to do it.

The Lieut. Governor proposed to the Board, whether the king's
letter ought not to be answered by this conveyance.

Advised, yes ; and Mr. AYaldron was requested to draw a letter
accordingly.

Whereas there was a discourse at this Board, relating whether
Capt. Fryar, in absence of the Lt. Governor, was not commander-
in-chief, or whether the power was not in the President and
Council :

llesoJved, That in the absence of the Lieut. Governor, the
power of the militia lay in the President and Council, and war-
rants should be issued by them.

Upon information from the Lt. GoA^ernor to this Board, that the
masters of the mast ships liave not yet entered their ships, accord-

1694.] MINUTES OP COUNCIL. 141

iiiir to tlio acfs of lo Caro. TT. ; he doniaiulecl of tlicm tliolr advice
and couiu'il, Avliat was proposed to be done.

Declared, it concerned not the Council, but the Lt. fiovernor
might issue out liis warrant. The Lt. (xovernor demanded what
officer, Mr. Estwick had i-cfuscd it, should execute the warrant.

Ans. Any officer.

Ordered, that the liouse and Jno. Cross be payd. Cai)t. "Wal-
ton's ace" alloAved & ordered to be payd. anit. to £7(5 : 3 : 0.

AYm. liedlbrd's ace" of £5: 14: 0. allowed and ordered to be
payd.

Tlie Lt. Governor demanded of the Board if tliey liad any thing
to ofier for their Maj'tys' service.

The Board proi)osed to fax a time for to warn all persons to
come in and make their claims.

Ordered, That notice be given accordingly, for persons to bring
iu their claims by Thursday come fortnight.

The Lt. Governor acquainted them, that if at any time there
should anything happen that required his presence, upon notice lie
sliould be ready to come to serve them, and their Maj" ties' interest
iu tliis Province.

B. II. p. 161.

Boston, November 12"^ 1694.
Sir — Yours of the 8* currant I received, and in answer acquaint
you, that there is care taken for the raising of sixty soldiers.
Those that are detached out of Col. Gedney's and Col. Appleton's
regiment, arc ordered to Kendesvous at Newbury on Thursday
next, and will be directed to march thence for your Province with
speed; others raised in Boston, and tlie regiments near Boston
will be ready on Thursday also, to take the first opportunity to
come by water; and the remainder are to come from Plimoudi.
but cannot be expected liere until next week, and then they shall
be sent away by water to join with the rest for their Maj'ties' ser-
vice, with all dispatch that can be.

Your humble servant

William Piiips.

142 PROVINCE OF NEW-HAMPSHIRE. [1694.

To the HonW^. the Presid'. & Councill of their Maj'^^ Province of
New Hampshire.
May it please your Honors.

"Wee presume you are not ignorant of their Maj^^ Commands to
yo'' Governor & selves, y' Mr. John Taylor & his agents here
should be countenanced & assisted in their undertaking for supply
of their Maj^'^ Navall Stores, &c. ; & have noe doubt of yo'' ready
compliance with their Majy" Royal pleasui'e therein; however, wee
have now to acquaint you that two of our ships, viz: the ship
Supply & Fir-tree laden with masts &c. for their MayJ'^ servis as
above, & ready to saile, ai-e by warr'. from yo'' Ltt. Govei-nor
both seized; and himself gone out of the Province, which occas-
ions ou"^ making this Applycation to }^o'"selves, to lett you know
that John Long & John AVest, masters of the ships afores"^ are now
ready to answer what shall be objected against them & to make
appear they have attended their dutyes in all respects as y® law
requires ; & therefore i^ray noe further interruption in our pro-
ceeeding may be given so detrimentall to their Majy^ servis, who
have been gratiously pleased to order their ship Nonsuch to con-
voy us home, & who now only waits our sailing. Soe leaving y*
matter to yo'' Hon"'*, consideration, hoping you will soe order that
their Maj-^^ servis may be noe longer retarded, but that our shij)s
may be freed to proceed on their voyage.

Wee Subscribe
Your Hon'^^ most humble servants,
Geokg Longe
John Long
John West.
Dated, NoV, 16"^. 1694.

B. n. p. 162.

At a Council held at New Castle,
November IG"', 1694.

Present

Nath'. Fryar, Esq. President.

Piobt. Elliott, ^ Hen. Green, J)

Peter Coflan, > Esqs. AVm. Vaughan, > Esqs.

Nath. Weare, ) Eich'i. AValdron, )

A petition from Capts. Geo. Long & Jno. Long, Jno. AVest, was
read in Council, praying that the ships under seizure may proceed
on their voyage — as on tile &c. [See petition above.]

lC9-t-] MINUTES OF COUNCIL. 143

In iinswor thereto, ordered (Iiat the sd (Jeo. Loiij>-, Jiio. Long &
Jiio. West liavc notit-e tVoiii this Board, tliat tlie Couneil liave not
been concerned in tiie seizure of sd ships, nor will they be in
detaining- of them ; but give them all due countenance and assis-
tance in their legall proceedings, according to their Maj" ties'
connnand.

Ordered, That an Express be forthwith sent to the Lt. Gover-
nor, Avith the letter, (viz.)

'' New Castle, IC"^ Nov. 1694.
May it please your Honor —

Since your departure hence, we are advised of the seizure of
two mast ships by your Honor's warrant, which you may please
to remember was contrary to our opinion given you in Council :
and now Capt. Long, and the mast'^'* have made application to us
thereabout: copy whereof together with our answer thereto, have
here enclosed, that y'' Hon'' may take such measures in the pros-
ecution of that matter, as to you shall seem most meet."

Ordered, That Maj. Vaughan doe post twenty of those soldiers
expected from the Massachusetts, at Oyster Kiver; and those
belonging to this Province now in service there, be thereupon
dismist.

Ordered, That ]\Iaj. Yaughan call together the Capt^ or chief
officers of each Town to consider and order what maj^ be most
proper for the settling of garrisons, scouts, or aught else that
concerns the militia, and may be for the better defence of the
Province.

Ordered, That whenever the Major sees cause to ride forth to
visitt the frontiers or garrisons, or for any other military service,
it shall be in his power to command a guard to attend him ; whose
quarters abroad shall be payd out of the public Treasury.

"Whereas signitication is given to the Lt. Governor from this
Board, of an application made about the seizure of the mast
ships, and the Council's answer thereto :

Ordered, That in case the said Lt. Governor do not prosecute
the said seizure according to his warrants for the same, that Capt.
Frjar take care the ships be no longer detained, but have liberty
of sayling.

144 PROVINCE OF NEW-HAMPSHIRE. [1C94.

B. II. p. 167.

Boston, 19* November, 1694,
Gentl" — yors of 16"^ instant rec'^ In answer to which laid
before yourselves, according to Acts 15 Caro: II., that Capt. Jno.
Long and Jno. West had not made any entry with me, or any
appointed by me; and did demand your advice, which was con-
trary to what you now write. However, as your letter in October
last in my absence invested the Government [in] yourselves, in
case according to petition, entry had been made, according to said
Act (of which I am ignorant) the ships ought not to be detained ;
of which you having the govermnent in your hands may deter-
mine : for I am no ways willing to have any persons obstrncted in
their legal undertakings ; much less those who are employed for
their Maj'ties' service: and 1 being out of the government, cannot
give, as bj^ jour judgments, any commands or directions, have
only to ofter: If y*^ acts be preserved, the ships ought not to be
detained; the which I leave wholly to yourselves, to judge and
act; having in writing laid before you all that I have to say —
wdiich is all at present from, GentlemeUj Your Friend

Jno. Usher.

Nota. As to any thing which may be on forfeiture of the ves-
sels relating to myself, I do wholly relinquish. As to that which
relates to the king is left with yourselves to do what is proper:
having wholly given the charge and left it with you. J. U.

B. II. p. 163.

At a Council held at New-
Castle, November 2P' 1G94.
Present
Nath'. Fryar, Esq. President.

Robt. Elliott I -p Wm. Vaughan ? p,

Peter Coffin \ ^^^^' Eich'i Waldron \ ^'^'l-^-

Whereas Geo. Long, Jno. Long and John West have made
farther application to this Board, That notwithstanding the Coun-
cil answer to their last address, the mast ships laden with their
Maj'ties' stores, are still, by the officers empowered by the Lt.
Governor's warr*, continued under seizure: and whereas signif-
ication has been given to the Lt. Govern"", that the seizure was
made conti'ary to our opinion given him in council; if he saw
cause to pi-osecute the same, we left it to him to take such meas-
ures therein as to him should seem meet; but by his answer
finding no order for the pi'osecutiou of s*^ seizure, and nothing
appearing to us, but that the masters of said ships have done their
duty as the law requires :

lfi04.J MINUTES OP COUNCIL. 14;")

Ordered. That the said ships, viz. tlie Supply, Jno. Loiiff,
niastci", and the Fir-tree, Jno. West, master, be Ibrthwitli freed
from their seizure, and liave liberty of proceeding on their voyage ;
and all officers concerned therein arc to take notice thereof, and
conform themselves thereto accordingly.

AVhereas Capt. Xatli' Fryar has snpi)Iied a barrel of i)o\vder to
Maj. Wm. A'aughan, for the use of the soldiers come from the
Massachusetts:

Ordered, That Mr. Fryar be paid £12:10:0, by the Treasurer
out of the first money gathered into the Treasury.

Ordered, That what arms want mending of the soldiers tliat
are or shall come from the Massachusetts, shall be inended bj^
wiiat smith ]\[aj. Wm. A'aughau shall give order to for the same,
and be payd out of the public Treasury.

Boston, 21^'. ISTovembcr, 1694.
B. IT. p. 168.

Gentlemen — Since mine the 19*'^ instant, have accouut that the
Governor of Canada hath ordered 150 Indians to make an attack
upon N. England, which I tiiink good to acquaint you witli.

I have likewise to acquaint you, that having in writing laid
before you of Capt. Jno. Long and Capt. Jno. West breaking the
Act 15 Caro. II., by not entering with the Governor nor any
authorized and appointed by him; and yourselves declaring, if
entry was not made as the act directed, they ought to be seized by
warrant from the Governor to the sheriff or any other officer;
and whereas, Capt. Long and West in their petiiion declares they
were ready to make it appear they had attended their duty in all
respects as the law requires — of which I am ignorant; yourselves,
being invested with the Government, do have the matter with
yourselves wliolly, to do that which may be proper.

John Usher.
Superscribed — ''For their Majesties'
service: — To Capt. Nath' Fryer, President
& Council, in Province of
New-Hampshire."'
10

146 PROVINCE OF NEW-HAMPSHIRE. [1694.

B. II. p. 1G4.

At a Council held at New Castle,
November 30, '94.
Present
Natli' Fryar, Esq., President,

Pobt. Elliott, ? ^ Wm. Vaughan, ) j.

Hen. Green, ^ ^ Rich'^ Waldrun, (, ^^'l^'

In answer to the petition presented to this Board fiom Jno.
Gerrjsh, Hen. Dow, Tlio. Packer, Captains, that the several cap-
tains or chief officers in eacli town are impowered to impoi't bread
or wheat to make bread, for four days' provisions for the soldiers.
Ordered to be ready to niai'ch upon the first advice of the attack
ot tlie enemy: Upon application from Maj. Vaughan of the want
of amnnition and provision for supply of the soldiers lately
con)e from the Massachusetts; and there appearing nothing in the
treasurer's hands at present to supply the same ; —

Ordered, That Major Vaughan be impowered to issue out his
warrants for impressing ammuuition and i)rovision for the soldiers
according as there shall be occasion.

B. II. p. 1G5.

Held by adjornment Dec. 11"^ 1694.
Present
Nath' Fryar, Esq., President,

Eobt. Elliott, } AVm. Vaughan, ) ^

Peter Coffin, [ Esqs. Eich'i Waldron, I ■^'^^^•

Nath' Wear, )

Ordered by this Board, That every Petition concerning any par-
ticular man's affiurs, and read in Council, the person ofl'ering the
Petition shall pay to the Dep. Secr'y one shilling.

Ensigne Wm. Furber's petition relating to the keeping a ferry
over from his house to Oyster Elver was read in Council — and
filed.

In answer to Wm. Furber's petition,

Ordered, That Wm. Furber keep a ferry from his house at
Welchman's cove, to transpoi-t travellers over to Oyster Eiver;
and to receive of passengers, viz: for a man three pence, & for
horse and man eight pence, to laud at Mathews his neck; and for
such as shall land at Durgin's of the A\''est side of Mathews his
neck, shall j)ay sixpence for a man, and twelve pence for horse and

1095.] MINUTES OF COUNCIL. 147

man: and sd fo pay the same for rcturniiiij back: and tliat the
said Will. Fiirhor keep attiMuhiiice and a .siilllcient boat or ;;uiida-
loe, — so to continue till further orders.

In answer to tlie petition of the masters of ships and other ves-
sels takin,<>- in their ladin<iat Portsni";

Ordered, That all such ^ masters of vessels bound to foreign
parts, shall be allowed their clearings and permitted to sayle
without coming to anchor at New Castle.

Adjourned to the 2*^ Tuesday in
Jaii'y next, at 12 o'clock'

B. II. p. 74.

Petition of William Graves.

January 8">, 1694-5.
To y'= honored President & Council now silting at New Castle, on

y^ Great Island.

The humble Petition of William Graves humbly sueeth y' your
honours would please to take into your consideration y" distressed
estate and condition of your poor Petitioner, who at y"" last desola-
tion at Oyster Kiver was wounded by y*^ eneniie, & his estate de-
molisht; who since hath been a long time with the Chirurgeon for
cure & by y** blessing of God hath arrived to a good measure of
licalth ; but hath not wherewithal! to answear y" Doctor, nor to
lielp himself, humbly craveth some succour & reliefe therein;
whereby you will do a very charitable Deed, and oblige him to
pray for yoiu- honours prosperity.

Your luimble Petitioner
William Graves.

[The following paper, unfortunately, is without date; but it
AVas found among other pajjcrs which render it probable it Avas
drawn up about the time of the Indian Massacre at Ovster IJiver,
in 1G'J4 —Ed.]

The condition of Luberland* is such: We had a good Garrison
last summer, but was cut down and Burnt, and for want of a Gar-
rison the Inhabitants are forced to leave the place and Hie for lle-

* " Lublierliind."

In answer to iminiries made by tlic Editor, of Rov. Alvan Tobey, D.D., of DurliJim,
respecting' tlie /ocaUli/, &e., ot'Lubboilaiid, tbe following answer was received:

'• Lnbbei liuul is a well known locality in tills town. It is the soutli-cast jiart of the

148 PHOVINCE OF NEW-HAMPSHIRE. [1C95.

fngg. If itt wave posf;ible to save the place, wee, who know the
valine, valines itt at about four hundred pounds of provisions and
movables ; provided the cattle Breaks in to y^ Corn, itt will be
much damage. It is y^ generall vote y* Capt. Matthews should
com* the Garreson. Our request is for 15 or 20 souldiers to assist
this place.

Belonging- to the place. Betwixt Capt Mathews and Lamp [rell]
River, the contents as follows :

Capt. Mathews, Wm. Durgin and three sons.

Fran: Mathews, Tho. Morris,

Jo". Benicke, Jo'' Finer, [?]

Jo". Doe, Hen. Marsh,

Samson Doe, David Davis,

Elias Critchett, Abra. Benicke,

Jo". Crumwell,
Jer'. Crumwell.

town, lying along the shore of the Great Bay. It has no -well defined boundaries, but
extends two miles or more in length. Formerly it was a more important section or
district than now. There is still standing in it one of the garrison houses of Indian
war times. It is not in good condition. The logs are considerably decayed ; but a
family is living in a part of it, or was not long since. It was, I think, the Smith or
Ffrost garrison, from the names of the families to whom it belonged.

The widow of Dea. Ebenezer Smith married, for a second husband, Cnpt. George
Ffrost; both lived in the garrison-house; and there are descendants — grand-child-
ren— now living, some of them in this town, but not that part of it, — of both the Smith
and the Ffrost marriages. Capt. Flrost, I am told, was Justice of the Peace, dnd I
think was called Judge. He was a prominent man about the time of the American
Revolution.

Lubberland is said to have been called formerly Lovinglancl; and the scenery, aa
you pass around the road from near New Market village (a small part of which is in
this town) through Lubberland to Durham Point, is not unworthy of the old name
With a good horse or horses and good company, it is made one of the most pleasant
rides I know anywhere, by the well cultivated lands on the right hand, extending
down to the water; by the brogd Bay constantly changing its appearance as you pro-
ceed; and by the good farms seen beyond the Bay, in New Market, Stratham, and more
extensively in Greenland. On the left hand the land is less cultivated, and rises into
br()ken, hilly and wild pasture grounds. There is no difliculty in identilyLiig Lubber-
land."

1005.] MINUTES OF COUNCIL. 149

B. II. p. 1G6.

Held by adjouriiinciil, Jan. 10, l(J'Ji-.j.

Present

Xiitli'. Fryar, President,

IJobl. Ellidtt, ? p ^Vm. Vaui-lKin, } ^.

Peter Collin, ^ ^-"M^- KicliMVaidn.n, ^ ■^*^^-

Several ucc"* beiny past in Council.

Adjourned to Jan^' h'j, 1G94-5.

Held by adjournment, Jan. 15, 1694-5.
Present — [The same, Avith Nath'. Weare ]

The claims of such to whom the Province is indebted being
past, and an Account taken of what due to the several towns, as
by the lists on file : —

Ordered, That the Dep Sec'y send to the Treasurer the several
lists, with orders to pay the ace'* for service, & sundry disburse-
ments by several of the inhabitants of this Province: viz. of the
town of Exeter, amount to £G:6:0; to the town of Oyster
Kiver, do. £46 : 15:6; to the town of Hampton, £5S : 10 : 0 ; to the
town of New Castle £44: 6: 9; to the town of Portsmouth, £55:
16: 8; that the treasurer may give out his orders to tiie several
constables to discount & pay the sums annexed to the names of
the persons, to those tis due.

B. II. p. 169.

At a Council at New Castle

February 25, 1694-5.
Present

Nath' Fryar, President,
Eobt. Elliott, ) Pichd. Waldron, )

Peter Coffin, >Esqs. Nathl. AVeare, > Fs(is.

Wm. Vaughan, ) lien. Green, )

Ordered, That tAventy pounds, tAvelve shillings, elcA'en ponce, as
appears due by Treasurer Patridge's accts. to the men of Hamp-
ton out of the former order to Capt. Dow for the i)aynient of £.oO:
18: 10, be payd, and that the Dep. Sec'ry give out orders for the
same.

Ordered, That Capt. Cofiin be paid £5: 2: 0, for Planks for the
use of their Maj'tys' Fourt, and that the Dep, Secry. give out
orders to the Treasurer for the same.

150 PROVINCE OP NEW-HAMPSHIRE. [1695.

Whereas Mnj. Wm. Vauglian has informed this Board tliat he
has hitely visited the several Garrisons on tlie Frontiers of this
Province, and finds many very negligent in tlieir watching and
warding, and particular that Corn is left in out-houses (exposed
to the Enemy,) not within command of any Garrison as the Law
directs, Ordered, that the Maj, forthwith doe send out his war-
rants to the chiefe ofRcers and Committees of Militia in the
respective towns, to take care to put the Law in execution, about
their Garrisons watching and warding, and removing Corn from
out-houses within command of some Garrison, and if any officer
neglect his duty therein to order the Fines to be forthwith levied
upon such ofiicers according- to Law.

Ordered, That the Secretary forthw''' give order to the Treasurer
for payment of £3: 6: 0, to Mr. Geo. Jaff rey for 3C. bread, j)ut
into Maj. Vaughan's hand for supply of the soldiers for sudden
march as there may be occasion against the enemie.

Wm. Yaughan, } ^
Esqs. Kich. Waidron, ^ ^®*1^-

B. II. p. 179.

At a Council held at New Castle
April 0'', IG'J.o,
Present,
Nath' Fryar, President,

Robt. Elliott,
Peter Coffin,
Natfii Wear,

Ordered, That whereas sundry the inhabitants of this Province
have been at charge for subsisting of y*-' Massachusetts soldiers in
the Frontiers, which charge is to be defrayed out of the Rates &
assessments now collected or to be collected according to Act of
General Assembly; Ordered, That the Treasurer do forthw* give
order to the respective Constables of Dover, Oyster River and
Exeter, to forbear the collecting the present Rates & Assessments
from such persons as have been or are at the charge of subsisting
the Massachusetts soldiers, until further order.

(As the Capt. of such town shall certify.)

Ordered, That the D. S. give orders to the Treasurer for pay-
ment of James Kendall and Capt. AYoodman £6:4::9.

lC)d,'>.'] MINUTES OF COUNCIL. l.jl

Boston, L'.Vi' A])\ IK).',.

S""

1 licrcw"' inclose a lotU w''' I (]('>iri" you to jn-csciitt. as directed
"W'"' my service to y'' jiciit'".

I slioiild liavo tlioiiylitt there had Ix'ii noe jjap'' in yor jjarts by
reason 1 iiad nott an ace' of aiVairs in I"]nyland; butt when 1 found
many Lett"* w"* inteni<i('nce I was tlieu satisfyed of the contrary.

desiri' in ])articuhu' incjuire wiiether one J*ark(!r was arived
■wlioe wentt w"' llie ^last sliij)s and likewise an ace" of y*^ Mast
sliii)s wiiich we dayly exspecit,

he pleased w"'oult faik; to seiul nie I»y y'' nextt postc a Copy of
y'' Coinniission for Admiralty, because J shall have peiticniar
occation for advice in some matters l)ef()re I come to yor parts,

(Jod willin.u" design to be in \'' province on y'^H"'May, and judye
.shall nott before, not else to ad butt am 8% y'" Friend,

[No address.] Jno. Usmcii.

Have a case dependins:
nextt week to be heard iu
Courtt, else would have vis-
ited Coll. Archdell sooner
than now intend.

B. II. p. 77.

At a Council held at Portsm":
May 10"', IG95.
Present
Tlie Lieut. Govern''.

Nath' Frvar, ) Wm. Vaughan, ) ^

Itob*. Elliott, > Esqs. IJich'i Waldron, S ^^^'

Peier Coffin, )

The Lt. Govern'' acquainted this Board that Cai)t. Everitt had
informed him that he understood that the soul'"'' under his com-
mand was sent hither for six m", w'''' time beiny expired, pro-
posed for calling' Assembly.

Ordered, That the Dep. Sec'ry issue out writts for calling a Gen-
erall Assembly to convene at New Castle, on Wednesday the bj"',
at 2 o'clock.

152 PROVINCE OF NEW-HAMPSHIRE. [1695.

B. II. p. 171.

At a Council [And a Gencrall
Assembly bekl by prorogation*] at
New Castle, May 8"S 1695.
Present
The Lieut. Govern^

Nath' Frvar, "j Wm . Vaugh an ,

Kob' p:ili'ott, l-p^^^ Ricli'^ Waldron,
Peter Coffin, l^''^^-
Hen. Green, J

Esqs.

The Lieut. Govern"" desired of the Board to know if any thing
Extraordinary had happened for liis Majestie's service in this
Province since his departure hence tlie last time.

Answer'', nothing.

The Lieut. Govern"" presented to the Board the speeches of the
L*^ & Com^ to his Maje^y condoleing the loss of her Majes^ with
the King's answer thereto.

The Lieut. Govern"" proposed to this Board that since they had
Rec'^ the certain Intelligence of the Queen's death, f if it was not
proper and necessary that all writts henceforth should be in the
name of Wm. over England &c. King.

Answ'^ in the affirmative.

Ordered, That from henceforAV'S all writts are issued out in
King Wnis. name only.

Ordered, That the Treasurer have notice to prepare his acco'
to lay the same before the Board on Thursday the sixteenth Inst.

The Lieut. Govern"" demanded of tliis Board if they had any
thing to ofier to consideration for his Maj''y* service in relation to
this Province.

Tlie Board was silent.

The Lieut. Govern"" spake to the Board, that whei'eas he did not
at present understand the aflairs of the Province, and the Treas-
urer being to prepare his acco"\ and no time would be lost in
visiting the frontier Garrisons and militia of the Province, there-
fore he dissolves, and they was in his Maj"'-^"^ name dissolved.

The Lieut. Govern"" asked the Board whether it was needful for
calling of an Assembly and when.

llesoh-ed, After the Garrisons Avas visited and the ace' of the
claims brought in for consideration it miglit then be necessary for
calling of an Assembly for farther consideration.

* This appears 1o be a meeting of the Council alone,
t Queen Mary died December 28, 1694, aged 32.— Ed.

1C95.] MINUTES OF COUNCIL. 153

B. II. p. 173.

At a Council licid at Portsmouth,

on Thursday tlic IG"' of May, IG'J.3.

Present

The Lieut. Govern''.

Katlil. Fryar, J)

Kc)l>t. Elliott, > Esqs. AVni. Van*ihan, ? ttc o

Peter Coffin, > Ilichd. Waldron, \ ^^'l^'

The Lieut. Govern"" acquainted this Board that since their last
sitting he liad rec<^ advice from Capt Everitt, that he under-
stands the soldiers under his command was sent hither only for
six months, w'^^'* time Avould be expired on Thursday next.

A Letter was read from Capt. Everitt of May 13"^ from Exeter,
relating to the Contribution of this Province towards the paym' of
the soldiers' wages under his Command, besides their accommoda-
tions during the time of their abode ; that their six months was
fully out, and so desire their payment according to agreement,
having had nothing yet of supply.

The Lieut. Govern"' proposed to this Board that since the six
months was out, and money failing in the Treasuiy for paying
what's due, and would want if the soldiers was longer kept,
whether it was not convenient to call an Assembly to sitt on
Thursday next.

After sundry debates in Council, ordered that the Secret^ issue
out a AVrit to the Sheriff for calling an Assembly to sitt at isew
Castle on Wednesday, the 15"^ inst. at 2 of the clock.

B. II. p. 175.

At a Council held at
New Castle this 17* May, 1695.
Present
The Lieut. Governor.

Nath'. Frvar, )

Ilobt. Elliott, > Esqs. NatW AYear, ? ^

Hen. Green, ) Pich. Waldron, \ ^^'^^'

The Comniittee appointed to examine the Treasurer's acc"^ made
report they had so dune, and layd tlie same before the Board.
The Council adjourned till to-morrow ten o'clock.

154 PROVINCE OF NEW-HAMPSHIRE. [1695,

At a Council held at New Castle this
18"^ of May, 1695.
Present
Lt. GoYcnior,

Xathl. Frvar, ') Hen. Green, ^

Peter Coffin, >Esqs, Nathl. "Wear, > Esqs.

llobt. Elliott, ) liich. Waldron, )

Tl^e Assenibh' being sent for up, the Lt. Governor was pleased
to rccomniend to their consideration the necessity of raising money
for support of the Governm' and defence of their Maj'ty's subjects
inhabiting this Province, against their French and Indian enimies.

Upon the reading of a Petition from the Select men of New
Castle for settlement of their Bounds between them and the town
of Hampton: —

Ordered, That a coppie of the Petition be sent to the Select men
■who are to give notice to the inhabitants of the Towne of Hamp-
ton to choose a person or two, before this Board on Tuesday next,
being the 2P' inst., to show cause if they have any, why the s,^
Petition should not be gi-anted.

Ordered, That Mr. IJobt. Elliott be desired to take care to pro-
vide a convenient boat and oars to be ready u^Don all occasions
that may occur for his Majesty's service, and that the said be paid
for out of the Publick Treasury.

Tlie Council adjourned to Monday next at 2 o'clock in the after-
noon.

B. II. p. 181.

3fai/ 20th, 1695.

Henry Dow and Christopher Palmar in the behalf of the town
of Hampton — our reasons why we are not willing the petition of
New Castle should be granted.

1*', We are humbly of the opinion that if tliat petition be granted,
the greatest part of that part of tlic towne on the north side of the
great Causway will be utterly undone ; for what they desire will
come so near us as to take away our pi'incipal feeding land, and if
we cannot keep cattle, we cannot keep our land to bring us corn,
and then no living for us, our living being chiefly upon plowing,
sowing, & husbandry.

9(iiy^ We are humbly of opinion that it is our undoubted antient
Eight which they desire, and that which we have liad in our quiet
and peaceable i^ossession for about fortie years and upwards of

1G95.] MINUTES OP COUNCIL. 155

our own kiio\vlcil;>'e, aii;l soino houses buihled upon some part of
itt, whieli wc shall endeavor to make appearc.

o""-^', Their cattel feed much upon us now, but if they obtaine it
to themselves they will build upon every good peiee of land, and
then our cattel will not only be hunted home by them, as they are
now by some of our own town greatly to our damage; but then
their cattel will feed home to our lotts' ends, to our own ruin and
undoing.

^tiiiy^ W^e are informed tliat the towne of New Castle, their bounds
are granted to Hampton line, and Ave are sensible that they were
sometime part of Portsmouth, and that they should be ignorant
where their bounds is seems to be very strange to us, considering
it was determined for forty years since by four men, two of Ports-
mouth and two of Hampton, impowered for that end, as may ap-
pear by their determination under their hands, and other eviden-
ces and Records about the same, and our peaceable and quiet
possession of the same, according to the said determination. Which
we leave to your Honors' serious consideration.

Esqs.

B. H. p. 176.

At a Council held at New
Castle, May 20"', IG'Jo.
Present
Lt. Governor.

Nathl. Frvar, ^ Wm. Vaughan,

llobt. Elliot, > Esqs. Kichd. Waldron,

Peter Coffin, )

A vote was sent down to the other house, to draw a bill for im-
powering the Select men in each town to provide Bread by an
assessment upon the inhabitants, to be ready for four days' march
of those men that are imprest to march upon an attack of the
eneniie.

Sundry soldiers for subsistance at several Garrisons at Oyster
River from the 23'^ November, 1094, to the 16"^ May, 1695, amounts
to, as per ace" on file, £63: 10: 10 — allowed.

Sundry soldiers for subsistance at Exeter as per acct. on file,
from the 26"^ November, 1691, to the 16"' May, 169o, amounts to
£79: 19: 9 — allowed.

Sundry soldiers for subsistance at Capt. Gerrish's and Heard's
Garrison from the 27"' of the ninth month, 1691, to the lO'iiof May,
1695, amounts to £31: 13: 4 — allowed.

156 PROVINCE OP NEW-HAMPSHIRE. [1695.

The bill sent down for impowenng the Select men in each town
to impress Bread for the soldiers detached to march, was sent up
again, and was assented to by the Lower House.

Capt AValton's acct. amounting to £68 : 1 : 0, for himself and
soldiers' subsistance at the Fort, was laid before this Board.

Adjourned to-morrow 11 o'clock.

B. II. p. 177.

At a Council held at New Castle
May 21, 161)5.
Present
The Lt. Governor.

Nathl. Fryar, J)

Peter Cofiin, > Esqs. Wm. Vaughan,

Eobt. Elliott, ) Eichd. Waldron,

The Lt. Govern'" proposed for a Committy to be appointed to
draw up the Acts for what bills are passed.

Accordingly, Major Vaughan and Mr. Waldron was appointed
and recommendations was sent down for choice of two men to join
with those of this House for drawing up the s*^ bills.

The Lower House made choice of Elias Stileman and Jno.
Pickerinif.

Esqs.

B. II. p. 180.

To the Hon'''*' John Usher, Esq., Lieut. Governor of their Maj'tys'

Province of New Hampshire, the Council & Representatives of

the s"^ Province convened in general Assembly :

The Petition of Dimccm Campbell, Post Ifaster at Boston, on he-
half of Andrew Hamilton, Post 3faster General throughout all
the Colonies d; Provinces of JSForth America.

Humbly sheweth,

That whereas their Maj"'^'* by their Letters Patents under the
Great Seal of England, have given and granted unto Thomas
Neale, Esq., his Exec'^^ Admin''^■and Assignes, full jjower and
authority to erect, settle and establish within the chief Ports of
their respective Colonies & Plantations in America, an office or
offices for the receiving & desjDatching of Letters and Pacquets

1095.] MINUTES OF COUNCIL. 157

and to rocoivo, send and deliver Uie same under siu-li Eates and
Sums of money as tlie i)lanters sliall aj^ree to <iive; and wliereas
Andrew Hamilton, of East Jersey, Esq., is deputed and eonsti-
tuted to govern and manage the s'' General Post Ofiice for and
throughout all their Ma"y» Plantations and Colonies in Ameiica,
pursuant to the directions of the 8*^ Letters Patents :

And forasmuch as the s<i Andrew Hamilton hath hccii and is
still at a very great charge and expencc; for the erecting and main-
taining of the s'^ Post Office in New England, over and above the
])rotits and incomes of the same, and is also at the charge of car-
rying & coi'iveying all Publick Letters and Pacquets as well to and
from the s^^ Province of New Hampshire or other parts of New
England, free of charge and without any allowance for the same:

In consideration whereof and for the encouragement of the s"^
Post Otiice, all the other Governments in New England (except
Khode Island) have granted a salary for two or three years next
coming, to be paid unto the s"! Andrew Hamilton, Esq., out of the
Publick Treasury of the respective Provinces and Colonies.

Your Petitioner, therefore, in behalf of the s"^ Andrew Hamil-
ton, Esq., humbly prays this Hou'^'''^ Court to take the premises as
also the great benctit the a"^ Post Office is to your Province, into
due consideration, and that you would also please to order such
salary for two or three years next ensuing, to be paid unto tlie s*^
Andrew Hamilton, towards maintaining the 8*^ Post Office, as in
your wisdom shall be judged reasonable.

And your Pef shall ever pray, &c.

Duncan Campbell.

B. II. p. 182.

In answer to the petition of Duncan Campbell for allowing a
salary for encouragement of the Post, a bill past both liouses for
allowing 12£ for this year, provided the Post be kept.

In answer to the Petition of New Castle and according to for-
}ner order, the Select men of Hampton sent Capt. Henry Dow and
Christopher Palmer to lay before this Board what obj(M;tions they
had why the said petition should not be granted, as per papers on
tile, laid aside for farther consideration.

AVhereas Capt. Jno. Everitt preferied a Petition to this Board,
that they would order him £144: o: 0, for one third part of pay of
the soldiers under his command for the 6 mo. past;

The Board answers, it is not Capt. Everitt's business to make
any such demands, it concerning no one to demand any such
tiling, except the Government that gave him his Commission.

Adjourned to Thursday next, lU o'clock.

158 PROVINCE OF NEW-HAMPSHIRE. [1695.

Held May 23i, 1G95.
Present
Nath. Frvar, ) Nath. Wear, )

llobt. Elliott, V Esqs. Wm. Vaiiohan, V Esqs.

Hen Green, ) liich. Waldron, )

The Committee appointed to draw up the several bills sent
down to the Lower House on 20"^ Inst, made their report and said
bills Avas sent down to the other House for their concurrence.

The said bills was passed by both Houses and ordered to be
inarost.

B. n. p. 183.

At a Council held at New Castle,
May 24.
Present
The Lt. Governor,

Nath. Frvar, "l

l?obt. Elliott, I -p, Nath. Wear, )

Peter Coffin, C^^^^- W m. Van<;lian, V Esqs.

Hen. Green, J Pichd. Waldron, )

These Bills — viz: a bill concerning Public Houses; a bill for
the encouragement of the Post office of allowing a salary for this
year of £12 :0 :0 ; a bill for providing of Bread for the soldiers and
impowering the Selectmen to make assessments on the inhabitants
of the said towns for the same ; Passed both Houses and assented
to by the Lieut. Governor.

Mr. Elliott's account for 3 barr'"* Tar and a Boat, and Sundrys,
was allowed and ordered to be paid, amounting to £7: 14: 0.

Obadiah Mors, his account for casting Bullets, amo' to 12**'^,
allowed, and ordered to be payd.

The Gen, Assembly prorogued until the 2"^ Wednesday in Sep-
tember next.

B. IT. p. 184.
Hon'''« Gent".

You may please to remember that upon a motion and desire
from yourselves for some assistance, there was a detachment of
betwixt fifty & sixty men under the command of Capt. John
Everet, posted in your Province, your General Assembly having
engaged for to subsist and pay them one third part of their wages.
The time ^proposed for their stay there is sometime since elapsed;

IGOo.J MINUTES OF COUN'CfL. 159

I have roccivod notliiny- IVoin your (iovoninioiit of any do.sirc for
their coiitiiiuuiice, alt ho' 1 wrote unto Lt. (Joveni'" Usher t-onceni-
iiig- the same; nor do 1 understand that they have received yo"'
proportion towards their wages aheady grown due, or any i)i'o-
visiou made for the future; and there being occasion for a com-
pany of sohliers to wait ujjou our Connnissioners, intended to be
sent to I'emaiiuid on the negotiation there relating to the Indians,
I have seen cause upon advisement to send orders to Ca])t. Everet
to attend that service with liis company; of which I thought tit
to acquaint yourselves, that you may provide for the inforcement
and security of your out Posts upon their remove; and expect
that for the time past you do advance your proportion towards
their Wages before their drawing otl'.

Your Friend and Servant,

Wm. Stougiiton.
Boston, June G"', 1695.
President & Council of New Hampshire.

B. II. p. 185.

At a Council held at Portsmouth,
June 12'", 16'J5.
Present
!Nathl. Fryai", Esq., President.
Peter TotRn,

Pob' Elliott, VEsqs. Wm. Yaughan,

Isathl. Wear, ) Iticli'^ Waldron,

Esqs.

Upon reading a letter from Lt. Governor Stoughton, bearing
date, Boston, June G"% 1G95, concerning the payment of J part of
wages for the soldiers posted in this Province, Ordered that an
answer be drawn up and sent accordingly, which is as followeth.

Portsmouth, 12"' June, 1G95.
May it please your Honor:

We liave yo"^ of the 6'" current, relating to the Massachusetts
soldiers here under command of Capt. Everitt, and cannot t omitt
a grateful acknowledgement of your rediness in giving so neces-
sary assistance for his ]\Iaj'ty's service and our preservation; but
know of no proposalls for any limited time for the soldiers' contin-
uance here; nor has our Lt. Govern'' been pleased to connnunicate
to us anything your Honor lias wrote him thereabout, as to our
paym' J part of the soldiers' wages ; that matter was reconuiiended
to our Assembly at their Sessions in May last, and we are informed

160 PROVINCE OF NEW-HAMPSHIRE. [1695.

by thoir Speaker tliat they had passed a Vote in their House for
raising of money to pay the same for the time past, and also for
some time future, if it mig-lit consist with your Honor's pleasure
to admit of their continuance among us; but that a Prorogation
happened just as they were sending up a bill tliereabout. Capt.
Everitt has now drawu off his men from our frontiers to Ports-
mouth & New Castle, and waits only the arrival of the Vessel to
attend your Plonor's commands for Pemaquid ; and if upon the
dispatch of that affair you will please to order his return to us, we
are well assured our Assembly at their Sessions in September
next will take effectual care for i^ayment of our proportion of
wages both for time past and future. Your favor herein will be a
favor to his Majesty and a great obligation upon the poor inhabi-
tants of this Province.

Ordered, That the Deputy Secret'ry give an order to the present
Treasurer to demand of Mr. Partridge what "Weights and Meas-
ures he has of the Province's in his hands, if he has any.

B. II. p. 187.

At a Council held at New Castle,

July 3^ 1695.
Present
Xath. Fryar, Esq., President.
Robt. Elliott, I p^^,^ William Vaughan, ? ^

Hen. Green, $ ^^^1^* Richard AValdron, I ^^*1^'

Whereas there was some of the memb'"'' of the Council not pres-
ent at this Board ; the Presid' orders that the Dep'^ Secret give a
warrant to the Sheriff to give notice to the Members of his Majes-
ty's Council to convene at Portsm" on Fridav the 5'*^ inst. by 10 of
the clock in the forenoon, and to issue out his warrants to the
Capt" of Exeter, Oyster River and Dover, to attend the Council at
said time and place.

At a Council held at Portsmouth,
July 5"^, 1695.
Present
Nath. Fryar, President.
Peter Coffin, ? t^.,^^ Wm. Vaughan, ? t^„__

Robt. Elliott, I ^"^' • Rich-i AValdron, ^ ^^^^•

Whereas, ord"'" of Council was sent to the Capt^ of Oyster
River, Exeter, and Dover, to attend at this Council to give a rela-

1695.] MINUTES OF COUNCIL. IGl

tiou of the Frontiers about resettling' of tlie Soldiers under com-
mand of Capt. Everitt, and of tlieir willini^ness to subsist them;
Cai)t. Jno. AV'oodnian, Capt. Kiniish^y Hall and r'ai)t. Jno. Tuttle,
appeared at (liis IJoard and made returne — that the several in-
habitants of Oyster River, Exeter & Dover, were desirous of the
soldiei'S return, and should be willing' to yield them subsistance as
they are able.

Whereas, by a letter from Lt. Governor Stoughton, he is pleased
to inform us that he has ordered Capt. Everitt with his Com])any
to return from I'emaquid to this Province, to continue in his
Post here as formerly, but the said orders not reaching Capt.
Everitt before his departure from Pemaquid, ordered that an
express be forthwith sent to Lt. Governor Stoughton to pray.

Esqs.

B. II. p. 189.

At a Council held at New Castle,
Augt 7«», 1695.
Present
The Lieut. Governor.

Peter ColBn, ) Wm.Vaughan,

Pobt. Elliott, > Esqs. Eich'i Waldron,

Hen. Green, )

The Lieut. Govern'' spake to the Board viz. that he desired to
know if there was anything of moment to ot!er of anything that
had passed since he left the Governni'.

Answered, there was minnitts entered of what had passed.

The Lt. Goverrr asked if they had anything to oiler for the
serving his Majesty and this Government.

Answered, that Scouts would be very necessary to be sent out
to disperse the Enemie

Tlie Lieut. Govern'' askt if thoy had any thing to oflTer for the
service of the King or Country.

The Board acquainted the Lieut. Govern'" that since he went from
hence, the Massachusetts Soldiers were di-awn otf by an order
from Lt. Govern"" Stoughton and this Board had desired the Re-
turn of Capt. Everitt and his Company, but as yet there is not
above 2S men come, but expected the full number.

The Lieut. Governor declared he had ac(]uainted the Militia of-
ficers to meet to consider the State of the Province.

Therefore, adjourned unto Thursday 2 o'clock.
11

162 PROVINCE OF NEW-HAMPSHIRE. [1G95.

B. II. p. 190.

Held by adjournment, Friday-
August 8'% 1C95.
Present
The Lt. Governor.
Nath. Frvar, "]

Robt. Elliott, i,^^^^ Nath' Wear, }

Peter Coffin, (^^^^- Wm. Vaugban, > Esqs.

Hen. Green, j llich'^ Waldron, )

The Lt. Govern'' acquainted the Board that he had this day ad-
vised with tlie Militia, and that they had given him account that
they dayly was alarmed by the enemy &c : that they was fre-
quently seen at Oyster River and in other places.

The Lieut, Govern"" acquainted this Boaixl, that Wm. Stoughton
Esq., Lt. Governor, & Council did desire liim to acquaint this
Board, that they expect Capt. Everitt and his men which were
sent for the security of this his Maj'tys Province be forthwith paid
for their Service for the time past, and an engagement for tlie time
to come

To which the Council answered, that in about a months time,
our assembly is to sitt, and then we are well assured effectual care
will be taken therein, both for time past and for Future. In the
mean time some particular Gentlemen of our Province are the
sufferers, who have already advanced the money to Capt. Everitt,
although he at present stands obliged, which we shall endeavor
speedily to free him from.

The Lt. Governor asked if the Board had anything to offer.

The Board was silent.

The Lieut. Governor acquainted the Board that when there was
an express occasion for calling if a Council, he should expect that
all the Members should appear.

B. II. p. 192.

Boston, 29"' Aug', 1695.
Gentlemen, —

Mr. Thomas Hollands, Agent for Mr. John Taylor, of London,
Merch' hath by his petition supplicated me, that Capt. Everett and
his Company, now in your Province, may be a Gaurd to the per-
sons employed by him in balling some Masts out of Exeter
Woods to the water side ; which cannot be accomplished without
the same, by reason of the Indian enemy, and which must be

lG9r>.] MINUTES OP COUNCIL. 163

aflbclod ppoodily before tlie Settin<r in of tlic Kains. Considering
how lii<,dily it ni:iy conduce to his Maj'ty's Service, my Desire is
that Capt. Everett and his Foot Company of Soldiers now remain-
ing in your Province, may be forthwith ordered to attend the said
service, which is all at present, from

Your Serv'.

Wm. Stougiiton.

B. II. p. 193.

At a Council held at New Castle,
Sept. 9"S 1695.
Present
Nathl. Fryar, President.

Esqs.

Peter Coffin, ^ Wm. Vaiighan,

Kobt. Elliott, > Esqs. Rich. Waldron,

Nathl Wear, >

Upon reading- of a Letter from Lieut. Govern' Stoughton to
this Board, in answer to a petition from Mr. Thomas Holland,
Agent to Mr. Jno. Taylor of London, Mercli*, that Capt. Everett
and his Company may be a Gaurd to the Persons employed by
him in hailing some Masts to the water side,

Ordered, That the Dept. Secret'y send an order from this
Board for Capt. Everett to attend the said service, and (after-
wards) tlien to return to his Respective Posts, and that the Dept
Secy sign in behalf of the Board.

B. II. 194.

Boston, September 12"', 1695.
Honfi" Srs.

Understanding that this is the time of your Session, I thought
it necessary to refresh the i-emonibrance of your Engagement
respecting the Support of Capt. Everet and his Company jjosted
in your Province upon application made by your Lieut. Govern''
at your instance. The accompt of their Wages from the time of
their detachment, until they were drawn off by order amounts in
the whole unto Five hundred and eight pounds, eight shillings
and four pence, as by the acco' thereof, adjusted by the Commis-
sion" for War ajjpears. One hundred sixty-nine pounds, nine
shillings and live pence being one tliirdof the whole is your due to

1G4 PROVIXCE OF NEW-HAMPSHIRE. [1G95.

p:iy according- to agreement, which T hope you will make effectual
provision to see speedily discharged as also a like provision for
what is become due since their Return again, and that shall arise
during their Continuance within your ProAince ; that all occasion
of Complaint maybe removed, and no burden laid upon his jNIaj'tys
Subjects witliin this Province by reason of your Omission, our
public Taxes being almost insupportable. I persuade myself that
your Justice will readily prompt you to a compliance with this
demand, being agreeable to the terms acccepted by yourselves.

Wishing good success to the public afiairs under your x)i"esent
Consideration, I am in all sincerity
Gents,
Your affectionate Friend

and Servant,

Wm. Stoughton.
Lt. Gov'', Council & Assembly of New Hampshire.

B. II. p. 195.

To the Honor'''''^ John Usher, Esq. Lieut. Govern'' and Comman-
der-in-Chief of his Maj'tys Province New Hampshire.
Wee, under written members of his Maj'tys Coiancil for this
Province, do humbly Represent to your Honor the necessity of
continuing the Massachusetts Soldiers with us for his Majestys
Service and the better defence of the inhabiting this Province :
wee, thei'efore pray your Honor to acknowledge the kindness of
our Neighboring Government therein, and pray the favor of Lt.
Governor Stoughton that the Soldiers may not be drawn off", youi*-
self seeing the Readiness of the Assembly to raise money for their
subsistence, and one third part of their wages as was formerly
agreed.

Your Honor's most humble Servts.
Dated at New Castle,
Sept. U'l' 1G95.

["Coppie of a letter from the Boai'd to the Lieut. GoA^ern^
Sept. U, 1695."]

1095.] MINUTES OF COUNCIL. 1G5

B. II. p. 19G.

At a Council held ut Ne\v Castle,
Oct. 9, lG9o.
Present
The President.
Peter Coffin, ^

]{<>l)t. Klliott, > Esqs. AVm. Vanjifhan, ? ^

Hen. Cireen, > Rich. Waldron, I ^^^^^

Upon reading a Letter from Lieut. Governor Stoughton beai'ing
date at Boston Sept. 12, l&JiJ, relating to the Soldiers ])ay under
Command of Capt. Everitt:

Ordered, that the following Letter be sent in answer to Lieut.
Governor Stoughton, viz.

New Castle,
9"', 8"', 1695.
May Please your Honor,

AYee have yours 12"» Sept. directed to Lt. Governor, Council
and Assembly, which came not to hand till after the prorogation
of our Assembly and our Lieut. Govern""* returne to Boston, so
give your Honor Answer in Brief, that the Assembly did their
part for the support of Capt. Everitt and Company, and Rates are
now collecting to answer the same forthwith for the time past, and
for the future shall use our utmost endeavor to prevent any Com-
plaint against us for not doing our part according to the Forms
formerly agreed, soe pray your Honor by no means to Draw off
Capt. Everitt & Compa'^, their continuance here being so neces-
sary for His Majestys Service, and the defence of his subjects, the
poor inhabitants of this Province.

We are.

Your Honors Most

humble Servants.

B. 11. p. 197.

Dorch. l'''^"2 October 12'^ 1695.
Gentlemen —

Yours of October the ninth instant comes just now to my hand,
about seven a clock at night ; my letter to you by the last post will
inform you that with the advice of the Council here, I have or-
dered Capt. Everitt with his men, into the Province of Maine,
there to remaine to supply the absence of Capt. Chub, who with
a part of the Company under his command is fortliwith to goe to
Pemaquid for his Maj'tys Service in that Garrison. This I have

16G PROVINCE OF NEW-HAMPSHIRE. [1G95.

done upon such considerations as wore and still are, of great
weight with me, so that I cannot Countermand anything at pi-es-
ent, especially being absent from the Council, and your letter im-
porting no new thing happening to move me thereto; & for that
also I have not removed our forces so far from you, as not to be
near enough to do y-ou service. Your Messenger being ( as he
saith ) to I'eturn back tomori'ow night, I am not willing to detain
him, but send y^ou such an answer as I can. And if thei-e shall
be sufficient reason afterwards for our farther assistance, I shall
be most ready to do for you what shall lie in my power, & as the
circumstances of our own aflairs will permit.

I am,

Your most humble Servt.

W.M. Stoughton.

B. II. p. 198.

To the Honorable the Lieut. Governor and Council held at Hamp-
ton, October 30"^, 1695.

It having been the pleasure of his Majesty our gratious Sover-
eigne, to determine the bounds of the Province of New Hamp-
shire, to extend to three miles North of y** river of Merrimake,
and there being some dwellings near the lyne, which will plead
themselves somtimes to be of y* Province of New Hampshire,
sometimes to be of the Province of y^ Matathusetts bay, to save
themselves from being assessed, and by reason of the uncertaintj''
in which Province their estates are, it does escape being assessed
any whei'e : And also some Masts and Timber taken away not
only out of the Province of Now Hampshire, but out of the An-
cient reputed bounds of the town of hampton, by pi-etence of a
right granted to them by y* Government of y'' Matathusetts bay,
by some soldiers in that said Province, to the damage of the Prov-
ince of New Hampshire as w^e believe; and for Avant of the lyne
being run between y" Provinces, we cannot say cei-tainly where
Taxable. And other inconveniences are sometime hapening.

For prevention whereof, Ave praj- that the lyne may be run, and
such methods taken in the case, as your wisdoms shall see meet.

Nathl. AYeare.

John Smith

Jos. Smith.

John Stauyan.

1695.] MINUTES OF COUNCIL. 1G7

B. 11. p. 199.

Hampton, October 30"<, 1G95.

This (lay in Council as by min** Tnclosod the Board Desires yo'
Ilon'^'* Favour for the Service of his ]\Iajesty and Security of this
Province, upon the Terms formerly agreed that yo'' Hon'' would
bee pleased to ord"" twenty-five men for the same. S"". pleas to let
me have an Answer to this by the Expres Sent, Desiring the Same
Avith all Expedecion may be dispatcht In which you will Oblidye
Yo"' lion'' Most humble Servant,

Jno Usher.

The Minnitt of Councill Sent to Lief Goveu'' Stoughton,
October 30*, 1695.

Desired by the Board that Aplicatiou might be made to Lief
Governor Stoughton for 25 men to be sent from that Government
for his Majesty's Service and Security of the frontiers in this Prov-
ince; this Province, paying their j)art of "Wages according to
former agreement.

Vera copia.

Test.

Wm. Eedford, Dp* Scry.

B. II. p. 200.

At a Council held at
, Hampton, October 30">, 1695.

Present
The Lieut. Governor.

Rob' Elliott, ) Nathi Wear, )

Peter Coffin, 'r Esqs. AV" Vaughan, > Esqs.

Hen. Green, ) Eich'^ Waldron, 3

The Lieut. Govern'' desired to know of the Board if they any-
thing to offer, relating to his Majesty's Government, of moment
in my absence from you.

The Board was silent.

The Lieut. Governor being informed by a Letter from the Presi-
dent, of the Soldiers of the Massachusetts being drawn off',
though not any account froin this Board, ui)on rccp' of which I
did dis{)atch to take care of this Province, and accordingly have
visited the Garrisons on ■ the frontiers of these places, and the

1G8 PROVINCE OP NEW-HAMPSHIRE. [1695.

people thereof desire a relief of a svipply to strengthen their gar-
risons, the which I judge it to be of absolute necessitj^, and for
the present I have ordered the same out of II. P. & E. (1). I
desire to know if you have any thing to otfer fartlier, for security
of this his Majesty's Province, and being uot willing any time
should be lost, did order your meeting here.

Answered it was very necessary.

The Lieut, desired to know of the Board, lie having [represent-
ed] to them.

Answered, that they think it necessary, and desire that aplica-
tion may be made to Lieut. Governor Stoughton for 25 men to
Gaurd the Frontiers of this Proviiice —this Province pay them as
formerly.

The Lieut. Governor acquainted this Board these men sent for
must be paid, and an engagement, whether it was necessary for
calling of an Assembly, &c.

Answered that it was necessary, and ordered that the old
Assembly should be dissolved and \Yrits be issued out for calling
another Assembly to sit on Wednesday next.

Whereas a petition from several the Inhabitants of Hampton
read at this Board, relating to the running of the Line between
the Province of the Massachusetts Bay, and this Province —

Ordered that Notice be given from this Board to the Govern-
ment of Boston, that they have appointed to run the Line between
the GoA^ernment of the Massachusetts and this Province of New
Hampshire, sometime between this and the fourth day of December
next, at what time they shall please to appoint, to meet the per-
sons appointed here for that service as they shall give notice, and
in case that Government shall not send persons to join with those
appointed here, then those appointed in this Province to run the
Line themselves on the fourth day of December next.

The Lieut. Governor proposed to the Board that when the
Chief Officer should go visit the Garrisons, that the expenses be
paid out of the public Treasury.

AnsAvered, no.

Ordered that Nath. Wear, Joseph Smith, Hen. Dow, Sam" D,[?]
James Philbrooke, Moses Swett, Be appointed a Committee to
join Avith such Persons as shall be chosen by the Massachusetts
Government for running of the Line between the two Provinces,
at or before the fourth day of December next on such day and
time as they of Boston shall appoint, and in case the Government

(1) Hampton, Portsmoutli and Exeter. — Ed.

1G95.] MINUTES OF COUNCIL. 109

of Bosloii shall not s(mh1 persons to join Avith those appointed here,
tlien witliout any fartlior order the said are to run the Line them-
selves on the fourtli day of December, and that notice be given
from this Board to the Lt. G. & C. of Boston of the same.

B. II. p. 203.

Boston, Nov"" I'S 1695.
lion'''* S^

Yours of the 30"* past with the inclosed Minute of Council re-
lating' to a supply of Twenty five Soldiers for the defence of your
Province upon the terms formerly agreed on, came to the hand of
the llon'''"^ the Lieut. Governor about noon, being the time of the
sitting of the Superior Court, so that he had not opportunity to
advise thereabout. But that the post sent might not be occasioned
to stay, I am commanded to acquaint your Honor that considera-
tion will be had of the proposal made, and a more particular an-
swer given thereto in some short time ; And to assure you that his
Honor is A^ery ready to give such assistance as shall be needful for
the support of his Maj'tys Interests within your Province, expect-
ing that all encouragement thereto be given by the Government
there, by making ettectual provision for the discharge of the ar-
rears due to the Soldiers lately posted within the same, and in
making those reasonable proposals for the support of any that
shall be hereafter imployed for their more particular defence, as
to render the charge to be more equal, that this Province so
greatly burdened be not quite exhausted. Capt. Everitt is di-
rected to wait upon your Honor with the account of what is due
to himself and Company. I am

Hon''''= S%
Your very humble Servant,
IsA. Adwkgton, Secry'.

B. II. p. 80.

Province of New Hampsh®.
To Scrj. John Snell, Serj. James Lovett, & to Serj. Natli' Aires.

You or either of you or all of you are hereby Required in his
Majest" name, King William, to impress six able & sufficient men,
w"' arras and amunition compleat, and one months provisions for
the service of his Majesty att Oyster River in garrison ; and you
are to command them to appear well fitted accordingly at the
Court of Guard by eight of the clock in the forenoon on Saturday

170 PROVINCE OF NKW-HAMP3HIRE. [1695.

the second day of tliis Inst. November; for which this is yo'' suf-
ficient warrant; and nialve a returue hereof. Dated, Portsmouth,
November, 1^', 1695.

In pursuance of the Lieutt. Coll. warrant,

Wm. Redford, Capt.

In persuant to the above wari'ant we have impressed Mr. Sam'
Penhollow, Mr. Sam' Keese, ]SIr. John Tucker, Mr. Eichard Mou-
son, sen. Mr. Obadiah Mors & Jacob Lavers.

By us, James Lovett, Sarg'.

Natlianiel Ayres, Sergt.
Sent up the same day

Wm. Redford, Capt.
Serj. Aires & Serjant Lovett:

Serj. Snell not being well, you are to perform the above war-
rant. November 1, 1695.

Wm. Redford, Capt.

B. II. p. 81.

Hampshire : '

By the Hon"''''' John Usher, Esq. Lief Govern'', Commander-in
Ciiief of his Majs'>^ Province New Hampshire, & Vice Admi-
rall of the same,

A PROCLAMATION.

Whereas there was a gener' Assembly held by adjournment att
New Castle for this his Majes'^ Province, on the eleventh day of
Sept. last, past and continued untill the fourteenth day of the
same Inst., on which day the same Assemblj' was prorogued untill
the second AVednesday in June next following, in the year of our
Lord, 1696; and whereas it is thought of absolute necessity for
calling of an Assembly forthw* for his Majes*^'^ service, and the
good of his subjects in this Province:

I doe. Pursuant to the Powers granted in his Majes*^^ Royall
Commission, By and Avith the advice and consent of the Council,
hereby Publish and Declare the s"* Assembly, Prorogued as above,
untill the second Wednesday in June next, to be dissolved; and
in his Majes'y' name they are hereby dissolved.

1695.] MINUTES OF COUNCIL. 171

AVidiess my liautl and scale at New Castle, tliis 2'' November,
l(i!»5.
In the seventh year of his Majesty's Eeigne.

John Usher.
AVm. Kodlbrd, D. Sec^.

God Save King William.

B. IT. p. 82.

These may certify Avhomc it may concearn y' Samuell Cannj' is
disu)issed from his Maj** servis at Captt. Gerrishe his garrison,
this G"> of December, 1695. Test. John Tuttle, Capt.

B. IT. p. 211.

At a Council held at New Castle,
November IV-^, 1695.
Present
The Lieut. Governor,
Nath' Frvar, ^

liobert Elliott, > Esqs. W™. Vanghan, ? j.

Nath' Wear, ) Richi Waldron, \ ^^^^'

The Lieut. Govern"" proposed that since Ave cannot have men
from Boston, whether he should write to the King for 40 men.

Answered in the negative. S'^ no.

The Lieut. Govern"" proposed to the Board for the Treasurer to
advance Provision for the Soldiers at Oyster (?) out of the £-100
rate.

Answered — Yes.

A Petition from the Inhabitants of Oyster River for the grant
of a Township the matter referred for farther consideration ; the
men of Dover not having timely notice to give their objections
. . [two words illegible.]

The Lt. Governor proposing to the Board that the Secretary-
being at great [expense?] in sending home the Laws and Minutes
of Council; so something be allowed him for the same.

Ordered that he be allowed £8:0:0 in consideration, to be paid
out of the Treasury.

Adjourned to Thursday 10 clock.

172 PROVINCE OP NEW-HAMPSHIRE. [1695.

B. II. p. 213.

At a Council held at Xew Castle,

November 14"', IGDo.

Present.

The Lieut. Govevnor,

?^*''' ?-^'*' 1 1. "^^^ni Yauohan, ? ^^^^

E' T Sn^?; I ^''^'- Kicl^ Waldron ^'^l^'

Eobt. Elliott, 3 ' ^

Acco'^ of several disbursments from the Inliabitants of Dover
and Cochecho for billeting of Massachusetts soldiers, from the
16"' of May 1695, until the 11"' June, and from the 15"^ of July to
the fourteenth of October, excepting 14 days of the time, amount-
ing to £16 :1 'Ak, — allowed and ordered that orders be given to the
Treasurer to pay the same out of the 300"^ rate which was for
arrearages.

Accot" of several Disbui'sements for subsistance of the IMassa-
chusetts soldiers at Oyster River from IG'^^ of May 1695, to 11"^
day of June, and from the 15"' July until the U* of October,
wanting 10 days, amounting to £81:00:6, — allowed.

Ordered that the same be paid by the Treasurer out of the 300£
Eatd^.

Ordered that the House be paid where the Assembly sat.
Ordered that Jno Cross be paid for his attendance on the Coun-
cil and Assembly.

C)rdered that the 30'^ day of January next be kept throughout
this Province as a public day of humiliation.

Gentlemen — I have posted soldiers Avith the number of men in
the out Garrison according to the motion of the Assembly and
issued out my warrants to the several Capts. for the continuance
of them, and have ordered the Capts. to give account to the Pres-
ident and Lt Cols, of what shall happen in my absence; and did
recommend to President in case of an attack of the enemy that
lie sliould call his Council, and he Avith them to give directions
what may be proper for security of the place.

Declared to the President, that there being notliing offered by
the Board for his Majestys Service, he did judge that the Council
should not be called in his absence but Avhen there was absolute
necessity for his Majesty's service & Security of the Province, by
reason that it was a great cliarge to those that lived Remote ; and
did expect at all times to have an acco' for Avhat they called the
Council ; an acct. of their proceedings from time to time, that he
may give an acco' to his ^Majesty,

Gentlemen — Whereas it was proposed to raise Money for sup-

109.').] MINUTES OF COUNCIL. 173

])ort of y<" Honor of the Govcniuioiit & security of the place, or
else your advice wiiat way I may propose to lay before the Kinj^,
& your auswcr that you can proi)ose no way, 1 do therefore rec-
ommend to your cousideration lor raising of Money for those
ends viz. :

To lav a duty upon all Boards and Staves at 3s. per ^l. upon all
that is Exported out of tlu^ Jviver to any of his Maj'tys Plantation
Governments, additional duties of Impost to be pro rata with
Massachusetts Colony, vis'.

Euglish Goods 10 :8 : per —

Eum 2:16:8 per hd.

Madera Wine 1 :7 :0 per pipe.

Fyall 1:0:0 per pipe.

Jko. Usher,

Lt. Governor.

B. II. p. 214.

Hon'''^ Srs,

I have yo" of the 7"^ currant for the assistance of forty men
from this Province; the same day, by advisement witli the Coun-
cil an Answer was forwarded hence from the Secretary unto your
former upon the same subject ; which is as much as 1 can say
thereto at present; our Treasury is so exceeding low that we are
not able to comply Avith the demands in our own Province : If any
supply of men be from hence it must be wholly at your charge,
which is the concurrent opinion of the Council.
I am Srs,

Your assured Friend and
very humble Servant,

Wm. Stougiitox.
Boston, November 9"% 1695.

B. IT. p. 215.
Hon'''" Srs.

Yours, with the Minute of Council there inclosed of the 30"' of
October past, for the ordering and appointing a Committee of
some persons belonging to y'' Province to join with such as should
be chosen by this Government, for running of the Line betwixt
the two Provinces, came not to hand until yesterday ; when the
time assigned by yourselves, being the fourth of the next month,

174 PROVINCE OP NEW-HAMPSHIRE. [1695.

is drawn very near. You must certainly imagine it to be a matter
of little Import, that seven or eight days notice should be thought
sufficient to appoint suitable persons and duly to provide for such
perambulation. It seems necessary previous thereto that Com-
missioners instructed by the respective Governments should meet
together and concert the place where to begin, that so Artists may
be set upon the Line to carry the same through. Besides, we
cannot but observe to you, that we think the persons nominated
by youi'selves may not be so indifferent, being all, (if we are not
misinformed) dwellers at Hampton, your next Town bordering
on the Line of this Province ; and whither it might not be advis-
able, that the small inconveniences hinted in yours, (which may
be equal to this Province) be suffered for a short time further, and
the trouble and Charge necessarily arising b}' a Perambulation be
spai-ed, until it be known whither there Avill be occasion for the
same or not; which probably will be by the next Ships that shall
arrive from London.

By Command of the Hon'''^ the lieut. Govern' and Council.

ISA. Addingtox

Secry.

Boston, 26* Nov' 1695.

B. II. p. 215.

Hampton in New Hampshire.

2 december 1695.
To the Honoured Nathaniel Fryer Esq. President.

Honored Sir.
in obedience to a Avarrant Received from the Honoured lef Gov-
ernour, I Sent to Exeter upon the 14"^ of November 1695, 3 men
as garrison Souldiers to Capt" Hall one more I was ordered to
draw of from Oyster Piver and send to Capt" Hall. Capt" Wood-
man promised to send Him but did not till his month was out att
Oyster River. I have the 30 of November sent one man more to
Capt" Hall so I have now at Exeter 4 men. November y'= 30: 1695,
I sent to Capt" Woodman sixe men, one more was to go but an
unexpected providence Hindered him, so I sent one in his Roome
this day, so I have now Seaven men att Oyster River, and my
other Seaven come home. This is a true returne from him that is,
Your Honours Humble Servant.

Henry Dow, Capt"

1G9G.]

MINUTES OF COUNCIL.

175

B. II. |). 83.
Pi'oviiu-o of
New Hampshire. To Scrgts Aires & James Lovitt.

You or either of you are Kequired in his IMujes'* name to im-
press four men w"' arms and amunition, and a months provis-
ion for his Majes'* service att Garrison att Oyster River &
Dover, out of the Watches belonging on yo'' side the mill-dam,
and you are to see they api)ear to lleceive farther ord" from Jno.
Snell, chirk, on Munday next by one of the clock, as they will
answer the contrary at their utmost perrill.

bated Fortsm". January 4"> 1G95-G.

Per Wm. Redford, Capt.

Make return hereof, from
under your hand, with the names
of the men.

In pursuance of the within warrantt, we have impressed
Francis Jons
Jno. Jackson, sen.
Fetter Baull

Jno. Froost.

Per.

•• Nathaniel Ayers ? g^
James Lovitt. ^ °

B. I. p. 171.

Oyster River, Jenery 6"*, 1695-6.
Ser. In obediens to the Left. Goveru' warrant I have sent you
the thurd Return of my posting of the soulders ingarison her[e],
which was according to warrant.

I have lickwise sent the
account of the soulders that wcr
and are absent for want of pro-
visions at the garesons to cnter-
them. From Joseph Smith's
on[e] this month and on[e] the
last From Bickfords tow this
month and tow the last month;
and from Medars on this month
and on the last month.
There was six soulders sent

at my gareson,
at Medars,
at Deveses,
at Smiths,
at Bunkers,
at Burnums,
at Bickfords,
at Edgelers,
at Durgens,
at Joneses,

2 soulders

3 soulders

2 soulders

3 soulders

3 souldeis

2 soulders

4 soulders

3 soulders
2 soulders
2 soulders

at Deved Deves, 2 soulders

176 PROVINCE OF NEW-Hxi.MPSHIRE. [1696.

by Capt Dowe of Hampton, that was first to return home again
that our garesons could not entertain them for want of provis-
ions; by whicli mens they were absent four days. Captin Dowe
sent them again, and with mucli adoew I got some provisions and
posted them. I would pray that some caer may be taken for pro-
visions, for the soulders. our peopl say they have not for thayr
ouue familys.

From your friend and Servant,

John Woodman, Capt.
Superscribed — "To Mr. Nathaniel Fryar,

on Great Island, President."

B. I. p. 173.

Capt" Henry Dow — Sir, Thes lines are to acquaint 3^ou how
that for thes three months we, the owners of the garrisons at
Oyster River, have much straitened ourselves in spending our
provisions for the subsistance of the souljers posted with us,
which was in hops of a supply for the futer by the Treasurer, but
he tells us that he can supply us with nothing but bread; and that
is att a extraordinary Rate, and we cannot b[u]y other provisions
for our money; by that means we are unable to provide provis-
ions for their subsistance any longer. There are several Returned
home upon that account from other garrisons all ready, and my
condition is the same. I have therefore advised thes my souljers,
Francis Page and Tho. Lovitt to return home again and deliver
thes lines unto your self.

Yours to sarve,

January 31, 1695-6 John Woodman, Capt.

Yera copia.

B. I. p. 172.

Honojed Sir — Thes are an account of my proceeding about my
garrison souldjrs; since I sent you my last account I have kept
four men att Exeter and Scaven att Oyster River according to my
warrant; but the 27 of January I was to i-elease my men att Oys-
ter River. I took care about itt and sent them; one tired before
he got half way to Exeter and came back again. The snow was
so deep four or tive of them came to Capt" Woodmans on Tusday.
on Fryday last he sent two of them Home with sume lines to me

K'Or..] MINUTES OF COUNCIL. 177

of whicli I liavo, sent a true copie on the other side. Sir, I crave
a line or two of advis from yourself, for I know not what to doe
more, for provision I cannott gitt for them, and to send to send
them anain they are hard put to it this winter time. Some of
them whose mouth was out on munday could uotgitt home before
Fryday after, it was such bad travelling, not else to troble your
Honour with. But I am your Honours Humble Servant,

Henuy Dow, Capt.
Hampton, February 3"' 1G!)5 or '96.
Superscribed — " For the Honoured

Nathaniel Fryar,

President in

New Hampshire

For his Majesties
Service."

B. I. p. 174.

New Hampshire. Oister Elver, Febery 5*, 1695-6.

Sir — In obedens to our Left, govern^ warent for my i)Osting of
soulders in our several garesons Here, and my meckiug A Returnc
of my so doeing ; I mecke this my fourth Returne. As the soul-
ders come I posted them unto their severell garesons, according to
said warent: but the soulders bringing no provisions with them,
and our garesons could by no mens soply them, theres forten of
them Returned Horn aud forteu et remains in gareson posted.

2 at Medars

1 at Smithes

3 at Bunckers

2 at Joneses
2 at Burnums
2 at Edgerlyes

2 at Deved Deveses
Your Redy Servant,

Joiix Woodman,
Superscribed — " For Mr. Nathaniel Capt.

Fryar, President, at New Castle,
deliver."
12

178 TEOVINCE OP NEW-HAMP-HIRE. [1696.

B. I. p. 175.

At a Council held at New Castle, Feb. 20"^, 1G95-6.
Present
Nath" Fryar Esq. Pres"''.
Peter Coffin, ^

Hen. Green, >Esqs. W™ Vanoflian, ) ^^

Natii^Wear, ) Eich<i Wuldron, l^^^^-

Upon aplication made to this Board from Capt Hen. Dow of
Hampton about the soukV" being returned from Oyster River, and
the want of Pi'ovision — Ordered that notice be given from this
board to Capt. Hall, Woodman and Tuttle, to attend the President
& Council at Portsmouth on Tuesdav next at eleven of the clock.

B.I. p. 176.

Hampton, February 24'^, 1G95-6.

Honored Sir — I have this day sent seven men of Sonldiers to
Oyster River again and I have at last procured 143 pound of good
pork, and sent with them ; but for Bread or any thing to make
Bread of I can gitt none. The Honoured Governour sent me
word that if Bread were wanting the treasurer would supply and
I hope he will, if he does not I cannot. I am willing to doe any
service for the King and Province that I can but to be put to gitt
provision for so many men when I cannot tell where to find it, it
put me to a greater loss than any business that ever I took in
hand : not else to trouble your Honor with, but my service pre-
sented to you, I am your Honours Humble sen^ant

Henry Dow, Capt.

B. I. p. 177.

Province of ? To the Right honourable

New Hamp. ^ Nathaniel Fryer Esq. President, &

Col. Packer Esq. Lt. Collonell.
honoured Sir —

In pursuance of a preseptt to me directted By the Lt. Governer,
Bearing date the 11'^* of November 1695, I have from time to time
posted those men detached for his Maf'' service & sent to me as
follow"^ viz. December the 5'^^ SoUomon Cottene & Timothy
Waterhouse at Heards ; Will Preson & James Lebbe at Capt Ger-
rishes; Eaphraim Jackson & Jn" Abbott at Will. Dames; relieved
them the 7"^ of January & posted Jn° Sargeant and Nicolas Fiedl-
er, Peter Call, Frances Jones, Jn° Cross and Samuell Jackson, in

1C>0C).1 MINUTES OF COUNCIL. 179

thcyr room and them contiiui('<l until tlio H"' of Fobrnarv; at w"**
time tliov wcvo (li>;misscd, and Edw Osgood, .Tonatlian Wccdene
at Hcards ; Tho Patman, Elias Parcher at Capt Gerrishes ; llicliard
Doorc at Will. Dames, from the G"' to the 9"', on which day he was
dismissed and Willobe Nason and Jn". Bly posted there; see
haviiin' no more to trouble your honour Avith, I rest yours at
comand.

Jn" Tuttle, Capt.
Feb. the 2i'^ 1695-6.

B. I. p. 178.

To the Hon'''"' Nathanell Fryer, Esq. President, &c.
Sir.

Since y* last return I made to your honour in December last, I
have ever since continued two men at Exeter, and two men at
Oyster River: I exchanged them at the several times following:
At Exeter on December 12"^ ; On January 9*; on February 6* —
1695-6 (viz) : at Oyster River, Relieved on Decembr 28"^ ; on
January 25 ; on February 24 ; &c.
Dated at Hampton March 3'il695-6.

Your Serv°'

Jos. Smith, Capt.

B. I. p. 179.

At a Council held at New Castle March 17"^ 1695-6.
Present
Nath' Fryer Esq. President,

Peter Coffin, Nath' Wear, )

Robert Elliott, W'" Vaughan, > Esqs

Hen. Green, liich. Waldron, )

Ordered that whereas there was the Capt of Dover, Exiter and
Oyster River at this Board, who have made a complaint that they
liave not provision & cannot subsist the souldiei's without some
supplyes sent, the Treasurer has notice to attend this Board to
morrow by nine of the clock.

Adjourned.

180 PROVINCE OF NEW-HAMPSHIRE. [1696.

Held by adjournment March 18* 1695-6
Present
Nath' Fryar Esq. President.
Peter Coffin Nath' Wear ? ^^^^

Eob' Elliot W" Vaughan <, ^^^^^

Hen. Green

The Treasurer according to notice given him this day attended
the Board; the Council proposed for tinding a supply for the soul-
diers in his Majesty's service at Garrison in Oyster River & Dover.
The Treasurer having offered to send to Boston for suply as soon
as can be expected, as far as in him lies, and that he will suply
with Bread for the present.

Ordered that the Treasurer take care and send to Boston or else
where for provisions if they can be had, and that he shall be rein-
burst out of the four hunclred rate now gathering, and that the
RisqiTe of what Porke, Corne &c. that shall be sent for from Bos-
ton for the said service shall be at the risque and charge of the
publick & stock of this his Majestys Province.

Ordered that the Treasurer deliver no Provisions to or for the
souldrs or Garrison at Oyster River, Dover or Exiter without
note under the hands of the Capts of the Respective Townes.

Ordered that the D. Secry' write from this Board to the Lieutt
Governor and Council at Boston, that they would please to per-
mitt such provisions [to be exported] as are bought for the neces-
sary subsistance of his Majestys Soldiei's, detached for security in
this Province there being great [scarcity?] & want of the same
liere.

B. I. p. 180.
Hon^e S^

I am comanded by the Presid' and Councill of this his Majes*^
Province New Hampshire, to signitie to y"" Ilon""^ that such is the
scarcity of provisions here, that for subsistence of those sould""^
posted for defence of o"" frontiers, they have ordered the Treasurer
to buy corn & pork in Boston for supply of the same, and doe
humbly request yo"" Hon'' w* the Councill to permitt what provis-
ions shall be bought for the use afores"^, to be exported from yo''
Governm' hither, in which you will very much oblidge his Maje'^^
subjects in this Province. By order of the Hon''''^ the Pres'

& Council.
Indorsed — "Lett'' to
Lt. Gov. March 23'i." Wm. Redford, D. S.

lf>^''-] MINUTES OF COUNCIL. 181

r>. I. p. 1S4.

At a Council licld u(, II:iiiiploii this.
[Iiulorsod " April 2, IGDG."]
Present
The Hon''''', the Lieut. Governor,

rotor Coffin, Xath' Wonr,

Kob' Elliott, Win.Vauirlian,

llou. Green, liich. AValdrou.

The Lieft. Goven"" acquainted the Board tliat the reason of his
now coming', was he received a letf from Capt. Fryar of the 16"^
March, wch gave an ace" that the sould'"* .was drawn of for want
of provision, and that ho had bought provision for suply, and was
come to see how the state of the Province was, &c. and desired to
know if they had any tiling to ofter.

The Board returned his Honor many thanks. Answ** it was
necessary to have the men continue &c

Whereas, The IIon'''« Lt. Govenr has disburst £lo:12:in, for
l)rovisions in Boston for the sould'^ att Garrison in Oyster IJiver
«fc Dover,

Ordered, That the Treasurer pay out of the Treasury, £13:12:
lOd, to the Hon''''' Lt. Govern'', it being for so much disburst bv
Lis Hon'" for provisions for his Majes'-^'^ sould''^

This his Majes'^"* Province being presented at a Court of Sess-
ions for not having a goale; and the clarke of the — l)y order of
the 8"^ Court presented to this Board, lliat his Majes'y Justices
desired the advice of this Board and an order therein.

Ordered, That it is the advice of the Board that his Majes'y*
Justices should take imediate care to find some place fitt for to
be strengthened for a goale, and that the charge shall be payd out
of the jjublick Treasury.

B. n. p. 84.

Province of New Hampshire.

To Jno. Snell, Clark to Conipa. under command of Wm. Pedford.
These are to require you to impress two men forthw"', one of
them to send to John Gotten, the other to Nathn" Aires, James
Lovett & Wm. Gotten, that they may have notice to a])poar at the
house of Sarah Bakers by ten of the clock in the forenoone, on
Thursday, the seA'enth inst. to consult for his Majos"'* service in
settling the se^-erall watches and repairing the respective Gar-
risons and other necessaryes. You are also to summons the per-
sons whose names are here under written to apcar at time and

182 PEOVINCE OF NEW-HAMPSHIRE. [169G.

place as they will answer the contrary att their perrill. Given
under my hand and seale at Portsm° April B"", 1696.
Arthur Hues, sen. Jumes Rawlinys

Willowby Nason Clem Meservie

Dan" More Richd Fletcher

Jno. Beale Mr. Ballard, his man

Wm. Partridge Sam" Hill

Splan Lovell Jno. Soward

Jno. Preston Jno. Hoojjer

Tho. Waicome Jno. Bickford

Rich'' Jose, his man that watcht. Joseph Mason.
Wm. Shackford

He that warns Jno. Cotton, let him tell him to bring Masons
ffunn.

B. I. p. 181.

At a Council held att New Castle,
April 8«^ 1696.
Present,
The Lieut. Govern"".

NathTryar, ^ Rob' Elliott, ^

Peter Coffin, > Esqs. Hen. Green, > Esqs.

Rich'i Waldron, ) Wm. Vaughan. )

Whereas the ace"** of the several sould'^ brought to this Board,
being imperfect, was layd aside :

Ordered, by the Board that the Dep. Sec^ forthwith give notice
to the severall constables that they forbear collecting the Rates
from such persons who have served his Majesty in Gai-rison, since
November last, or in subsisting of souldiers in service untill far-
ther order.

A Petition from Francis Tucker, Attorney unto Rich'' Stileman
was read at this Board, and deferred uuto the next sitting of the
Councill.

Sundry acc"^ due to the Inhabitants of Exeter for services as
sould'^^ and subsisting sould"''' amounting £22:4:4, allowed and
ordered to be payd.

Ordered, That Rob' Elliott, Wm. Yaughan and Rich<i Waldron,
Esqrs. be a committee to examine the claims as they shall be
brought in to them according to notice given.

18C6.] MINUTES OF COUNCIL. 183

B. I. p. 182.

Alt a Cuuiicil lu;l(l at rortsmoutli, April 27"' '9G.
Present —
Xatli' Fryar, rres'i'.

i> I I I'll- n^ f 77 >» HI- > auii'lian t ^

Nath' Wear > ^"^^^ VVaiaionjy

Ordorecl by the Board that notice be given to the severall con-
stables, to gather in their liates Ibrthw"' from all persons.

Sundry ace"* of sould™ wages and Provisions from the begin-
ning of November 16i)5 to 8"' Ajjril, 1G9G, viz.
Capt. Dow's men, as per particulars 66 :17 :9

Capt. Smith's ace" per ditto 26:5:8

Capt. Hall's men, wages & billeting

as per particular ace" 75 :5 :8

Capt. Redford's men as per ditto 44:13:8

To Capt. Tuttle's ace" for subsistance

of sould--^ att Cochecho & Dover 16:6:11

To Capt. Woodman's ace" for subsistance

of sould""^ att Oyster River 51 :5 :0

Tlie whole sum, 280:14:8, allowed & ordered that orders be
issued out to the Treasurer for payment of the same, unto the sev-
erall Capts., the Treasurer deducting for what he has disburst for
provisions.

Richi Tarlinton's ace" to the 27* April, 1696, for the house
where the Councill and Assembly satt, am" to £2:5:0, allowed
and ordered to be payd.

Rich'i Stileman's ace" by his Attornej^ Fran. Tucker for rent of
the ware-house wliere the King's stores lie, until 8"^ of this inst.
am" to £6:1:9, allowed and ordered to be payd.

Ordered that no more orders be given out to the Treasurer for
payment of any more money out of the £400 Rate, than what are
already past and ordered to him.

Ordered, that the Treasurer give out liis orders to the severall
Capts forthwith to order the severall constables for ])ayiiig (and
discounting in the Rates) the severall sums due to su(!h as hath
served his Majes**' as sould" or in subsisting of sould" at garrisons.

18-1 PROVINCE OF NEW-HAMPSHIRE. [1G96.

B. II. p. 85.

Boston, W^ May, 1696.

Sir-
Have rec'^ yours gi-^iug acco" of y^ Enemys appearing ; am sorry

y^ country is in uoe better posture to opose y^ enemy, butt they

may thank the Assembly for nott raiseing of money enough.
Y'^ Councill is ordered to sett on Wednesday. Y*^ Malitia officers

on Thursday.
I would have you to gett redy and pi-ovide your acco"' at

CroAvnes, and that all matters relating- thereto may be settled, of

which faile nott.

I have ben solicited to restore Mr. Hincks. Mr. Hincks I have

nothing ag*" as to my own person ; butt as relating to the King

must have regard ; as I tind matters so I shall actt doubt not.
butt Vaughn & Waldrou will be for itt, And I shall be very

willing to oblidge those worthy Men.
Shall speedily be in y"" parts not else.

Sr. Yor's, Jno. Usher.

[The above in Lt. Gov. TJslier's band-writing.]

Superscribed — " For his Maj'^ Service.
For Mr. William Bedford.
Dejiuty Sec'}'

Att

IS^ew Castle."

B. I. p. 185.

Letter from Lieut. Governor Usher.

Having rec'^ some lines from Hou''^'' "Wm. Stoughton, his Maj'"
Lt. Govern'" of his province Masathusetts Bay, giveing the French
at St. John's &:c., his Maj'* avoAved enemy's, & the Indian enemy
and Rebells being prevented from haveing of supplys of warlike
provision, which yearly comes to them, would be for his Maj^^
service, & the safety and quietness of his Maj'^'' subjects depend
much thereon; and that has ace" that they this year expect a
suply; upon consideration of which, he has designed his Maj'^'*
two frigotts w* an attend', to cruise within the Bay of Fundy for
intercepting of the ships from France, with suplys which ai-e
expected, & finding itt difficult to fitt out his Maj"*"^ frigotts with
men suitable for such an end, have desired assistance of forty men,
out of his Maj'>'^ Govern' in province of New HamxJshire, for such

100(1.] MINUTES OF COUNCIL. 185

a service; & whon the cruise is out should then be discharged ;
liciiiu- seiicible the same is of great moinentt & y" itt will be much
lor ills Maj''""* service, for the safety & quictt of his Maj'-^'" sul>jec(-<
ill these his Territorys & most immedeately those iu the Pruviuce
of Xew Hampshire:

By the powers granted, I doe recommend advise & consentt for
reasons aforesaid, such prudent care may be taken, that assistance
may be granted as afores'', & accordingly there may be orders
issued out from y''selves for effecting the same with all speed, &
the Men soe apointed to be ready for s<^ service as directed, &
orders shall be given from s"^ Wm. Stoughton, Esq.

I shall not doubtt of yo'' rcdyncss in concuring in soe good a
work, considering the very Indian enemy, which for this many
years hath occationcd your disquietness & unsafety, yearly have
rec'' their suplys by the afores'^ means: Likewise considering for
many years how the governm' of province Massathusetts Bay hath
suplyed w"' men for yo"" safety, the charge of which amounts to
many thousand pounds, and the aplication now made being be-
cause of the difficulty in attaining the end without assistance; &
as for any thing which may be requisite & proper further for me
to doe, for effecting the thing, upon notification thereof, nothing
shall be omitted to the outermostc of the power of

Gentl'". Yor friend & sei'vant

John Usher.
Boston, 27* May, 169G.

Superscribed — " For his Maj'J"^
special service — To Nathaniel Fryer, Esq.
President & Councill, of his Maj'^^
Govern", In Province of
Hampshire.
Presentt."

B. TT. p. 8fi.

[In Lt. Gov. Usher's own hand ]

Boston, 28"' Mav, 1C96.
Sr,

rec*' yrs, 25"^. am sorry y" Councill mett nott according to ord"".
have writt to Capt. Fryar forthwith to call the Councill soe ytt
due care may be taken for y* souldiers in y* King's pay; w*^** if
nott Col. Packer is not oblidged to continue them outt; for if he
presses & noe provisions, y" fault must lay att y'= Councills door.

186 PROVINCE OP NEW-HAMPSHIRE. [169G.

Whatt ever Capt Fryar doth he mustt forthwitli call the Coimcill,
or all y" blame will lay att his door

As to that of Hincks & others shall say as to my own person
Hincks hath carryed itt better then others, whoe lay uiid'' greater
obligations than he

upon notification from y® Councill, wherein may serve his
Majesty & y'' place shall redily doe y" w*^*^ is proper for

Sr. yrs. Jno. Usher.
" For his Maj'y^ service
To William Bedford
Portsmouth."

B. I. p. 186.

Att a Council held att New Castle,
June 1^', 1696.
Present
Nath' Fryar, Esq. Presd*.
Eob*. Elliott, ) Wm. Vauohan, ? j.

Hen. Green, VEsqs. Eich-i. Waldron, l^^^^-

Nathi. Wear, >

Whereas a Letter from y'^ Ilon^'"^ Leut. Govern'', bearing date att
Boston, May 27, ult. Avas read att this Board, intimating for 40
men to be suplied out of this Province for fitting out his Majes'^'^
two Friggots to cruise in the Bay of Fundy, to intercept supplies
sent to the French & Indian enemies, was read att Board, &c. as
pr Letter.

The Board orders the following Letter to be di'awne and sent to
the Lt. Govern"^ in answer, viz.

[This letter cannot now be found.]

His Hon'' the Lieut. Govern"" having sent 12 barrels Porke for
supply of soukV'* in this Province, the Councill after sundry
debates there being no money in the Treasury to re-imburse the
G^'^A'crn'', ordered the following Letter to be drawne and sent forth-
with to Boston.

[Letter not to be found.]

B. II. p. 87.

June 4, 1699.
Gent".

The occation of my comeing into this Pi'ovince to let you know
I have rec*^ commands from White Hall which shall be communi-
cated.

lO'Jfi.] MINUTES OP COUNCIL. 187

Likowise to take care of this his Maj"''" Proviiioo: by tlio ace"
from White Hall, you aro aciiuaiiitcd with the j^reat (Iclivcraiice
his MaJ'" sacred person hath had, & their Ijordships ch'clariiij^' they
doubt not of yo"' hearty joyning- \v''^ thcra in expressions of thancks
to Aluiijifhty God, for soe great deliverance in preservation of his
Maj"''* sacred pei'sou & Governm" of w'^'' shall not doubt yo'' hearty
concurrence w"' nie therein.

In the last Assembly laid before them the absolute necessity of
raisiii"^- niony, suthcient for defence of this his Maj'^'* province,
Avhich they have not done.

Have acco" the state of the souldiers in the severall garrisons
was laid before y^'selves, and in case care was not taken for
a .speedy suply of provisions for the souldiers they must be
drawn of, & the danger the province in in case they Avere: not-
wilhstauding- all which neither you nor the Treasurer would ad-
vance Money for suply of provisions for them.

It may be the opinion of some, the province should be left
rather than not annexed to Boston.

Butt as the governm" is the King's, in honor tliereof, quiett &
safety of the place, I will advance in provisions to the vallew of
£ 57:9, (though have not had to this day one meall's meat att the
charg'e of the province) not doubting you will pass an order in
Councill for repaying of the same.

You have my speech to y" Council above ; w"^'* enter. Send me
forthwith coj)y for Thanksgiving.

Yors, J. U.

B. I. p. 187.

Att a Council held att New Castle
June 4"^ 1G'J6.

Present,
The Left. Govern''.
Nath'Fryar, \ Nathi AVear, ^

Peter Collin, I k,„o Wm. Vanghan, > Esqs.

JJob' Elliott, [ '^^^^- Rich'i Waldron, )

Henry Green, J

AVhereas there was a Letter from White Hall from the Lords,
giving an acco" of the happy discovery of the wicked & horrid
Designe of Assasinating the person of his most sacred Majesty ;
and, his Maj'>'* most gracious speech to both houses of Parliment :

The humble Addresses of the Eight Hon'ble the Lords .Spirit-
uall and Temporall, and Commons in Parliment assembled:

A Proclamation for the Aprehending of sundry of the Wicked

188 PROVINCE OF NEW-HAMPSHIRE. [1G96.

and Tra}-torous persons, who had entrcd into that horrid con-
spiracy ag*' the King, and a Proclamation for a day of Publick
Thanksgiving thro'nght tlic Kingdom of England, Dominion of
Wales &c. for God's mercy in his Providence, to discover and
deliver his sacred Majesty and people from so horrid & Barborous
a conspiracy: — Being read att this Board —

It is ordered. By the Ilon''''^ the Left. Govern'" and Council, that
Thursday the eighteenth day of this inst. June be kept as a day of
Publick Thanksgiving throughout this Province, for that it has
pleased Almight}' God so Avonderfully in his Divine Providence
to discover so wicked and horrid a conspiracy against the person
of his most sacred Majesty and Kingdom : foi-bidding all servile
labour on the s* day.*

Capt. Wallton's ace" for himself and sould"'^ wages att Fourt
Wm & ]S[ary from the tenth day of November, 1695, to the tenth
day of May 1696, amo*' to £61:11:0 allowed and ordered to be
payd.

The Hon''''' the Lieut. Govern^' having advanced provisions for
his Majes'y^ sould'"* in garrisons in Province New-Hampshire : viz.
12 barrens Porke, att. 3 :13 :0 £43 :16 :0

36 bush"^ wheat, at 8 s.? 13 :8 :0?

L'teridg Porke and cooiieridge 0:5:0

Allowed and ordered to be paid out of the Treasury £57 :9 :0

B. n. p. 89.
New Hampshire.

By the Hon'''^ the Lieut Govern""

and Councill of his Majes'' Province

New Hampshire.

Having received the above Proclamation recommended to us

from the Lords of his Majes'^ Council, not doubting but that we

and all his Majes'^ subjects within this Province will heartilie

joyne with them in expressions of Thanksgiving to Almightie

* " The Assassination Plot," as it was called, was entered into by about forty con-
spirators, instigated, it was believed, by King James, but led by Sir George Barclay.
The plan was to take the life of King William, on his return from a hunting excursion,
on Satvirday, the 15th of February, 1696, " between the two gates as he passed from
Hyde Park to St. James's Park." On the evening of the 14th of February, an earnest
message was sent to the king, "to persuade him to stay at home on the morrow, for if
he go abroad to hunt, he will be assassinated." Reluctantly he consented to stay.
The conspirators watched for another opportunity the following week ; but a timely
disclosure defeated their purpose. See Hist, of E7tg. by Cli. Knight, 1696; MacatUey's
Hist. do. vol i,p2). 51S-533, Jiost07i Ed.

IC.'JG.]

MINUTES OF COUNCIL.

189

God tbrsoo great a blessing in the ])i-cservatloii of Ins Males'^ most
sacred person and government; We, therefore liereby order and
appoint Thursday, tlie 18"' of this inst. June, to bo kept as a day
of Tublic Thanksgiving throughout this Province ; reconmiending
and commanding the Ministers & others his Maj'« subjects quietly
to observe the same day, & make our supplycatious to the Throne
of grace, y' God would graciously please to preserve his Majesty's
Koyall person, and Governm'. from all the malitious designs and
attemi)ts, and grant success in all his enterprises.

Forbidtling all servile labor thereon upon pain of severe pun-
ishment.

Given &;c.

[A part of the abovs is written on the margin, and part interlined, so that the con-
nexion is not perfectly obvious. — Ed.]

B. II. p. 90.

9 in the morning.
Boston, 29"^ June, 1()9G.

[In Lt. Gov. Usher's hand.]

S^ received y" 26"^ * on y* 28"^ att 3 in y« afternoon ;— where
ye fault doth lay-, y* y^ Enemy should make an attack att 8 in y«
morning on Fryday, & should be 3 in y*" afternoon on Sabath day
& then but a briefe acco' I know nott: as to y" care taken by sea
and land doe well apiove: doe wond" in 12 houres you should have
butt IGO Men when 270 are apointed to be redy att an houres
warning, there is a defectt some where.

As soon as i"ec* yrs sentt a letf to Mr. Stoughton, copy here in-
closed. As to y* Express 1 did see none ; I wond"^ you had noe
releife from province Massathusetts Bay & to this liour noe
answer.

*"Tliis 5^ear the Indians began their predatory incursions in the Spring. The
beginning of May they killed and scalped John Church near his own house at Coche-
cho. Their most fatal attack was made at tlie plains [in Portsmoutli] on the 2Cthday
of June. The party came from York to Sandy Ucach in canoes, which they secreted
among tlie bushes the night preceding. They were at their stations before dayligljt,
and early in the morning made an assault on live houses at the same time. Tlio
people ran out as soon as the alarm was given, and the Indians killed fourteen per-
sons; one, whom they supposed was dead, and liad scalped, afterwards recovered.
They took four prisoners, and, having plunilered the houses, they set them on tire and
retreated through great swamp about four or live miles, where they stopped on tho
declivity of a hill to prepare some breakfast, which has ever since rclainwl the name
of Breakfast Hill."— ^1(/. Ann. Ports, pp. 102-103.

190 PROVINCE OF NEW-HAMPSHIRE. [1696.

"Whenever an Express is sentt y'' person must come througli with
a warrantt for assistance.

Yo"" Exi3. Letter came to Major Pikes hand on Saturn [Satur-
day] day, at 8 in ye morning, soe 12 houres from y<* date of yo" to
ride 12 miles, w'=^ in time will be inquired into.

I have had noe acco" from any other hand then yo"" selfe, soe
Judge persons w'^'' should be immediately concerned are dead.

Yo"^ lines are shortt. for answer would have the same way con-
tinued for intercepting y® enemy, if possible shall gett you Men

hence. 1 am

Sir, Yor% Jxo. Usher.

you did well to send an acco", butt

I think you are uott President or Lt. Coll.

Boston, 28'h June, 1696.
Sr.

The inclosed is come to my hands, by which have acco" of y^
enemy's attack att Strawberry Banck. Y" Goverm' has 160 men
outt, judge they may be in distress ; desire yo"" honor's possitive &
spedy order for Men to be sent to y""^ releife, perceiving by y®
enclosed they have nott had any from this jirovince. I remain

Yo"" humble &c.
To Wm. Stoughton, Esq
Lt. Governor, &c.
i hour past 4. haste,
poste haste.

B. II. p. 90.

[In Mr. Usher's hand.]

Boston, Julv 2^ 1696.
Sr —

I design, God willing, to be in your parts by Wednesday ; would
have you provide minnitts of mine to Councill on 2^^ Ap'' last., my
Letter in May to presidentt & Councill, their answer thereto;
lastly, my speech to y^ Councill in June last; all w*^'' Avould have
redy att my coming.

Speake to the presidentt to pi'ovide a j)lace for Assembly to
meet in. (least they go to Hampton.)

As to acco" rec*^ from you know nott in whatt capacitj', whether
Secretary or Capt. of y'' forces, if either, short in your duty in
giveing a particular acco"; for others could have it from severall
hands, to write Coll. Packer would give acco". I know noe per-
son butt in the particular Station he is in.

1G9G.] MINUTES OF COUNCIL. 101

"Waldron liatli writt civilly as to y" mannadgem" of aflairs ; others
writt & talked as if abundance of Imprudence, and conic of w'^*'
shame, butt Trick for a Trangram*

I am weary to hintt att things* relating to yor-sclvcs, and weary
of having things soe; am suer was many otliers in my place would
not suffer soc much, nor soe long, if obligations be y*" cause of
neglects & Rights, itts time to have done.

Yoi-"

Jno. Usher.

[No Address. Probably to Wm. Redford, Dep. Sect. — Ed.]

B. II. p. 91.
New Hamp""^.

, r- — ^ -. Whereas a late horrible and detestable Conspiracy f
< Seal > against his Maj'^** sacred person, has been by the provi-
'^^''^ deuce of Allmightie God hapily discovered, and thereby
his ISIaj'y'' lloyall person preserved ; to y*^ intent that all his Maj'^*
subjects may recognise their duty and Alegiance ; and an Act is
passed in s"^ Province for all maile persons from the age of sixteen
years & upwards to take the oaths apointed, instead of the Oaths
of Allegiance and supremacie: these are to will and require you
to whom this precept is directed, in his Maj'J'^ name to issue out
your warrants to the constables of Portsmouth & New Castle, to
call together and assemble the inhabitants of the s*^ places, accord-
ing to s*^ Act, from sixteen years old & upwards, att some conven-
ient place, and forthwith, as time shall permit; and the people
soe assembled according to yo"" warrants, you are to administer
the s'^ oaths to everie particular male person as afores'^, as likewise
to all Counci''^% Justices, Ministers, &c., and take a list of those per-
sons soe sworne, and exhibitt the same into the Secretary's office
in s*^ Province att or before the fifteenth of this inst. according to
the forme of Law in that case made & provided. Given under
my hand & scale, att New Castle this 7"^ [?] July, 1696.

John Usher, Lt. Govern'.

* Trangram — An odd thing intricately contrived. — Jre6. Die.
t See law passed July 8, 1696. — Ed.

192 PROVINCE OF NEW-HAMPSHIRE. [1G96.

Coll. Please to issue yours forthw"^, because the book and Law
must goe from place to place. The Goveu"" left but 4 warrants, so
this must serve for P. & N. C.

Yrs, Wm. Kedford.

" For his Majes''* service.

To Geo. Jattrey & Col. Packer, Esqs.

and Col. Tho. Packer & Shadrach

Walton, Esqs." *

B. II. p. 92.

[In Mr. Usher's liaud.]

Boston, ISti' July, 1696.
Sr.

Rec'' yo"^ w* ord^ for Thanksgiving, & did Expect a copy of y^
King's Proclamation w"^ itt, butt found myselfe deceived.

You know the pressing there was for y® depositions as to y^
French att Fourt Royall, but y* same omitted, I must say am
hardly treated, considering y® care I have taken att all times for
you.

Am satisfyed Sir E. Andros Secretary's time was princii^ally
spentt w*^ him & nott others ; if itt be a scandall, good to be jjlain
& say soe, must say as to Packer, &c "multum familiaritas," &c.
but a burntt childe will, &c.

desire all y^ minnitts of Council maybe entered fairely; would
have a copy of my speech to last Assembly ; y'= minnitts of Coun-
cill as to my proceeding in Apr. last, j" I may nott be in a hurry
when come to yo"^ parts, wish you well, remain

S'', yor% Jno. Usher.

Superscribed — " For his Maj'^' service

To William Kedford, Esq.

In Poilsmouth."

B. II. p. 93.

New Hampshire.

By the Hon''i<^ John Usher, Esq.

Lt. Goven"" & Comander-in Chiefe, &c.

You are required iu his Majes'^' name to receive the Jurors

whose names are uuder written and with them to goe straight way

lOtH).] MINUTES OF COUNXIL. 193

\\\) to Dover, and (lelivcr them unto Cjii)t. Tattle, & tlic s'* Tiittle
is required in Ids Maj'^" name to Poste tlicm where he tiiiid<s most
eonvcnieid, in tlie respective garrisons, tliere to doe duty in watch-
inji" & Avardiny, and to be kept and not reknised from tlieir Poste
without speciall order from myselfe or the Coman(h'r-in-cheefe
for the time being; for w"^ this shall be his & your VV'arrant; and
hereof faile uot, as he and you will answer the contrary at your
perrill.

Gi\'en under my hand & scale att Arms att New Castle, July
23^ 1G96.

John Ushkr.
Sam' Keise, Sam* Penhallow,

Jno. Knight, Tho. Waicombe,

Wm. Cotton, Rich*^ Jose.

B. II. p. 95.

July, y« 24^'' 1096.
To Ltt. Furber, greeting:

Sir, Herewith comes three souldiers, viz. Mr. Penhallow, Mr.
AVill. Cotton, Mr. Sam. Keise, w'^'* souldiers you arc ordered &
required in his Maj*^ name to command to their duty as souldiers
in your garrison, to watch & ward, &c. and not to let them depart
their post without special order; and for your so doing this shaU
be your warrant. Given under my hand this 24"^ of July, 169G.

Jno. Tuttle, Capt.

B. II. p. 94.

Whereas Mr. Sam' Keais, William Cotton and Sam' Penhallow
were on y'' 24"* of this instant sent me by Capt. John Tuttle of
Dover, and in his Maj"' name ordered and required to do their
duty as souldiers in my garrison for watching and warding, &c.
and not suffered to depart their respective post without special
order :

These are to certify, whom it may concern, That I, the sub-
scriber, having observed the above order to y* utmost of my
power ; but being destitute of all manner of provision for the sub-
sistence of said souldiers as the law directs In that kind. Do
hereby release and acquitt them. Given under my hand at Welsh
Cove, July 27"^ 1696.

William Furbuk, Lft.
13

194 PROVINCE OF NEW-HAMPSHIRE. [1696.

B. II. p. 98.

AYliereas Mr. Thomas Wacomb, John Kiiiglii and Obadiah
Mors, were on the 24:"> of this Instant sent me by Capt. John Tut-
tle, of Dover, and in his Maj'^" name ordered and required to do
their duty for watching, warding, &c. and not suffer them to de-
part their respective post without special order :

Bee it hereby known to all men, by these presents, that I, the
subscriber, having observed the above order to y*^ utmost of my
power, but being destitute of all manner ^of provisions for the
subsistince of said soulders, as the Law directs in that kind, do
hereby release and acquitt them. Given under my hand, at "Welch

Cove, July 27t^ 1696.

John Dam, Sergt.
Acknowledged
September 14"^, 1696.

B. II. p. 83.

Letter from his 3fajesty's Council, Itli of August, 1696.
After our hearty Commendations : Whereas their Excellen-
cies the Lords Justices of England have received Information
from the Governor and Company of Merchants of London, trad-
ing to the East Indies, That Henry Every als. Bridgman, with
diverse other persons, English and Forrieguers, having run away
with the ship Charles the Second, als. the Pliancy, from y'= Port of
Corunna in Spain, had committed several Acts of Pyracy in the
Seas of India & Persia, and hav© aftei'wards left the ship at the
Island of Provence, having [the] plunder so by them gotten and
dispersed themselves : Their Excellencies thereupon thought fit
by Proclamation in his Maj"*^' name, to require all his Maj''**^ Admi-
ralls, commanders and other officers att sea, and all governors,
commanders and other officers whatsoever in his Maj'"^^ plan-
tations, to secure and apprehend the said Henry Every, als. Bridg-
man and other persons named in the said Proclamation and such
as were with them in the said ship, a copy of which Proclamation
you will receive. And whereas information has been likewise
given, that divers Pyrates and Sea Robbers have of late years
gone from severall parts of his Maj'>'^ Plantations in America to
the Seas of India and Persia and other remote parts, upon the like
pyraticall designes, and that some of them have returned home
againe, and dispersed themselves in his Maj'^^ Plantations with
great quantities of gold and other plunder : Wee do hereby in
his Maj'>^ name strictly require and command you, forthwith upon

lC>Oi^.] MINUTKS OF COUNCIL. 105

receipt hereof, to cause the said Proclamation to be puljlished
within yo"^ Government; and for the svippressing as much as may
be all such evill practices for y" future, whereby the trade of
his ;Maj'-^^ good subjects in Forrei<i,n parts may be otherwise
greatly disturbed: Wee do hereby in his Maj*>'' name strictly
charge and require you and all his Maj'^* oflS^cers and loving sub-
jects within your Government, to take all possible care and use
all due means for y'' seizing and apprehending all such Pyrates
and Sea Robbers, and such as may reasonably be suspected for the
same, either by reason of the great (luantities of Gold or Silver
of Forreign Coynes, they usually have with them, or by other
probable circumstances; and to cause them to be streightly im-
prisoned and their ships, goods and plunder to be kept in safe

custody untill Returning a full account unto us, of the

said persons, their ships, gold and plunder, with the evidences
relateiug to them, — his Maj'J" pleasure be known and signified con-
cerning them. And so we bid you, heartily, Farewell.

Your L/oving Friends,
Superscribed — " To our

loving friend, Samuell Allen, Esq. Romney,

Governour and Connnander-in-Chiefe of his H. Goodricke,
Maj'** Province of New Hampshire in America, Chas. Montague.
and to the Governour and Commander in Tankekville,

Chiefe thereof, for the time being." J. Boscaavex.

B. II. p. 96.

[In Lt. Gov. Usher's own hand.]

Boston, 27'h Aug' 1G96.
Sr.

Yo'' 24'** i-ec<^, as to y^ men w'^'^ wentt with Church its well ; as
for Capt. "Walton w"" out advice of y® Councill, I could not grauntt
liberty. Walton shows himselfe a Man in giveing y" Councill
answer when they advised him. I writt to you a minnitt to enter
as to my Letter aboutt coming; whether s*^ minnitt be entered &
y" minde of y'^ Councill am ignorantt; likewise y* advice of y""
Council as to AValton's going, & Walton's answer: all w'^^ Expectt
at your hands, being for his Maj'^'^ service, & of great monientt.

desire all actts & miniutts Councill might be made redy to goe
Av"' y* mastt ships together with duplicats.

you never writt whether y'= oaths was tendered V & W [N'aughan
& Waldron] & of theire refusing. Pucker if his Letf be true of

196 PROVINCE OF NEW-HAMPSHIRE. [1696.

Geffrey giving the oath, its w" I desire, y* Scot has & will run
to far.

Wish Packer & Walton had presented V & W y^ Association,*
w*^^ I looke upon as much as anything; if not, hope they will
make a tender.

if, as Fryar writes, they can doe as well w"*outt as w'^ me ; for
his ]\Iaj*y* service & y* f>rerogative, I will speadily be w^''^ you, de-
signing to come by water, not else butt remain.
" For his Maj'y^ service S"' Yoi-*,

To Capt. Wm. Redford, Esq. Jno. Usher.

in Portsmouth."

B. II. p. 97.

Att a meeting of the Commission officers of the Militia of the
Province of New Hampshire at New Castle, September 10"% 1696.

Whereas the Militia, having considired the charge of the sould""^
at Garrisons w'='^ for severall months service & subsistence is not
payd, and doe not understand there was not money for payment
of what past, besides for time to come, for eight months continu-
ance of the souldiers, which is judged necessary, w"^*^ by compu-
tation amo° to,
To due already,

subsistence and for 5J m° £440

Do. for 8 m" to come £640

& for his Majes^ Fourt £183

£1263:0:0

We humbly offer, that the duty of scouting ordered by Presi-
dent & Council is soe great and burthensome, & not possible to
be performed as requix'ed, and the Inhabitants groane so under itt
that they say they must leave the province unless relieved in that
matter, That your Honor would take itt into consideration and
give reliefe by ordering the scouting to be continued in such
methods, as by your warrants we were commanded, w'^'' wee
judge the best way for the safety and ease of his Majes'^ subjects.

And doe desire that some way may be ordered, for a suply of
bi'cad may be certainly provided through the Province, to be

* ["An Association in New Hampshire, to stand by the Protestant succession". See
subsequent notice ot the same, 1G97.— Ed.]

1G96.] MINUTES OP COUNCIL. 197

roiuly for inarcliing', throe or four days, upon tlic attack of the
Eiieniie.

By ord' & in bolialfe of the Lt. Colls, ^Slaj"

and the particular Cajjts.

AVm. TtKDFOUD. Capt.

Humbly desired that yC Hon'' would
be pleased to take unto your considera-
tion, that those that are im])rest for scouts,
if that they are out two or three days or
more, upon march, in case of an attack,
that they may be payd by the Treasury ; and
lmnil)ly otfer that an Assembly may be speedily
called for raisin*|f of money, av*^'' is absolute
necessary for the ends aforesaid.

Superscribed— " To the Iloni''" John lusher, Esq.

Lieut. Govern'', Comander-in-Chiefe,

of Province, New Hampshire."

B. n. p. 102.

By the Ilon''''^ John Usher Esq. Lt. Gov.
Com'i in chiefe &c.
You are required in his Majes*^^ name to summons & warue
Jno. Dam, Sen. that he be and appear before me at New Castle,
the Tuesday next by tAvelve of the clock, and thereof not to faile
at his perill ; make return hereof. Given under my hand & scale
at arms, at New Castle, this 26* September, 1696.
To Geo. AValker, John Usher.

Province Marshall.

According to the within warrant, I have summoned, Jno. Dam,
sen. to ax^pear att time and place. September 28"*.

Geokge Walkeu, Marshall.

B. II. p. 103.

To the non''>« John Usher, Esq. Leif Govern--
& Comman'"-in-Chiefe &c, of his Majy'y» Province
John Dam humbly oflers his Petition:

Beseeching' your Hon'' through y'' clemency to consider my fail-
ing in dismissing the soul''" Posted ; w''' in Honesty and sincerity

198 PROVINCE OP NEW-HAMPSHIRE. [1696.

I declare was through m}^ ignorance ; but more especially through
the deceitt & insinuation of Lieut. Furbcr, and humbly prays
your Hon'' not to thiuk I did itt in Contempt; being always will-
ing & ready to obey all Kingly government and authorities ; and
beggs your Hon" Pardon, that this may be past by, and that yo""
Hon"" would grant a Release that my Farm may not be ruined; is
the humble i-equest of him, who as in all duty bound, shall never
cease to pray for yo'' Hou'^'' i^rosiDcrity & happiness.

[No date.] John Dam, sener.

B. II. p. 105.

By the Hon''''^ John Usher, Esq. ComandMn
Cheife &c. of Province of New Hampshire.
You are required in his Majes'-^^ name to summon Lieut. Wm.
Furber, that he be and appear before me att New Castle on Mun-
day next, by two of the clock in the afternoon, and that he bring
w"^ him the warrant he had for posting the souldiers ; as he will
answer the contrary att his utmost perill. And make returne
thereof. Given under my hand & scale att arms, att New Castle,
September 26*, 1696.

John Usher.

To Geo. Walker,
Province Marshall.

According to the within warrant, I have summoned Lt. Wm.
Furber, & brought him to New Castle; this 28"^ September, 1696.

George Walker, Marshall.

B. II. p. 104.

By the Hon''''^ John Usher, Esq. Coman'^''

in-Chiefe, &c.
Complaint exhibited against Lt. Wm. Furber.
You, Lt. Wm. Furber stands charged, for that whereas on the
23* July last, you rec*^ a special warrant from the Hon'''® John
Usher, Esq. Comaud"^ in Cheife of this his Maj'y^ Province New
Hampshire, directed to yourself, requiring you in his Majes'>''
name to receive the persons, Sam' Keise, Sam' Penhallow & Wm.
Cotton, and severall others &w"' them to goe straight up to Dover
and deliver them to Capt. Tuttle, to be posted where he thinks

1696.] MINUTES OF COUNCIL. 109

most convenient in flie respective Garrisons, there to doc dnty in
watchiiiif and wardin*,'- & to be kept and not released from tlicir
post witliont special order from myself or the Comandcr-in-chiefc
for the time being; and whereas on the 2-1"' of the same month,
you rec'' a warrant from Capt. John Tuttle, dcrccted to yourself,
for the posting Sam* Penhallow, "William Cotton & Sam' Keasc,
and by the s''- warrant you was required in his Maj'^ name to com-
and them to doe duty in watching & Avarding in your garrison,
And not let them depart their Post Avithout speciall order; yett,
contrary thereunto you dismist the s'' Sam* Keise, Wm. Cotton &
Sam' Penhallow from your garrison, without order, as may apear
by their dismission under your hand bearing date att Welch Cove,
the 27"» of the same July ; which actions are a high misdemeanor.

Acknowledged.

B. II. p. 101.

Att the Tryall, Lt. Wm. Furber, Sept.
29«>, 1696. '
Present
The Hou'^'" Lt. Govern'.
Maj. Smith, Capt, Hall,

Capt. Dow, Lieut. Aron Moses,

Capt. Woodman, Being sworn.

1. The Prisou"^ being called, was brought by the Province
marshall.

2. The Lt. Govern'' ordered the Doors to be open and all people
to come in to heare the prisoner tryed : and ordered the Infornui-
tion to be read.

Capt. Walton upon oath declared that when the Lt. Gov' was
att the Fourt, the s"* Furbur turned his britch upon the Lt. Govern'
& pist in his presence, and lett a fart.

The Lt. Govern"" asked if he had orders to dismiss the sould".

Answered, Noe, he had no order.

The Lt. Govern"" asked if made any application for provisions.

Answered, Noe.

Juo. Dam, upon oath declared: viz. [p. 105.] ''Ace", of w'
was sayd between Ltt. Wm. Furber, and John Dam, sen., con-
cerning the Ileleas of sundry souldiers posted at the Garrison,
where s*^ Dam had y" charge. Furber coming to the house of s**
Dam, aloud asked what they should doe w"* those souldiers posted

200 PROVINCE OF NEW-HAMPSHIRE. [1G96.

there? Dam answered, he knew not. F. s*^ they could not main-
tayn them, but must releas them. D. s^ he wished thereby he
might not bring himself into troble thereby. F. s"^ he hoped there
would come noe troble thereby, and then offei'ed a Paper for s*^
D. to sign, which accordingly s'^ D. did."

" The above is the truth and nothing else.

Acknowledged by

John Dam, Sen^

The Ltt. Govern"" past sentence by & w"^ the advice of the
Judges : That whereas the s*! Furber has past afronts & con-
tempt upon his warrants & for aftronting the Ltt. Govern"" he is
sentenced to pay a fine of twentie pounds money, to stand com-
itted until he has payd itt, and entred into Bonds w* security 200
lbs. for his good behaviour for 12 mo. & day, & to be uncapable
of ever being in any Publiek Station ; and to pay fees.

B. II. p 106.

Bill, cost & charges ag^' Wm. Furber att Court Martiall, held at

New Castle, Sept. 29"", 1696.

£ s. d.
To the Judges 02:10:00

To 3 special wan-ants, 00:15:00

To the marshall for summoning &

apprehending him & bringing him

totheFourt 01:00:00

To drawing up the charge 00:04:00

For his apearance 00 :02 :00

For entering Judgment 00:04:06

For drawing the warrants 00:03:06

For his receiving into the Fourt 00 :06 :00

For what chai-ges for his committm"

during the time in custodie, &
For a release 00:10:00

5:15:00
John Usher.

1696.] MINUTES OF COUNCIL. 201

B. II. p. 107.

To the Tlon"'''' Jolin Usher, Esq. Coinaiulor-in-
Cheife, &c. of his Majes'^^ rrovince of New lluiiipshire.

The Humble Petition of William Furber.

Humbly sheweth :
That youi' Petitioner humbly desires yo' Hon'" to consider of his
condition wch by his folly he has brought upon himself, by his
miscarriage in sufTeriug' the souldiers to goe from their Tost with-
out speciall order; and pitty him, by pardoning of him, for that
crime ; and more especially bcgg-s your Hon'' to pass by and for-
give his miscarriage to yo"" Ilon"^ yesterday by turning himself
from yo"^ Hon'', and doeing that w'^'' was unseemly; and lays him-
self att your Hon" feett being willing to suffer what your Hon'^
pleases to comand; desireing yo"" Hon""* favour, will take care how
lie offends again ; and shall ever j)ray as in duty bound, for your
Hon" prosperitie.

William Furbur.

B. II. p. 99.

By the Hon'''* John Usher, Commander
in Chiefe &c. of Province of New Hampshire.
. r^ — ^ ^ You are Required in his Majes'^'^ name to impress Jolm
< Seal > Paisted, Ilich'^ Jose, John Downing, John Shackford,
^""^^^^ William Pittman, John Bickford, Thomas Letherby,
Daniel Fogg, Nich. Walden and Nich. Fletcher, with arms and
ammunition compleat according to law ; w*^** men so imprest are
to march forthwith to Dover & Oyster River to Capts. Tuttle &
Woodman, as underneath directed, there to be Posted in Garri-
sons and remaine to doe duty in watching and warding, & not to
be released for two months, or farther order ; or pay down the
sum of four pounds money the person that does not goe ; and
hereof fail not as you and they will answer the contrary att their
& your perill. Given under my hand & scale att arms, att New
Castle this 29"^ September, 1G9G.

John Usher.
To Wm. Redford, Capt.

Portsmouth.

Att Oyster liiver. At Dover.

Jno Plaisted, Wm. Pittnum,

Rich<i Jose, Tho. Letherby,

Jno. Downing, Dan' Fogg,

Jno. Shackford, Nich. AValden,

Jno. Bickford,* Nich. Fletcher.

Jn'a. AVliidden.

♦ Tliis name is crossed.

202 PROVINCE OF NEW-HAMPSHIRE. [1G96.

B. II. p. 100.

At a meeting of the Militia officers

at New Castle, Septemher 29*, 1G96.

Maj'' Joseph Smith, Capt. Tfow, Capt. Hall, Capt. Tuttle, Capt'

AYoodnum, Lieut. Moses in behalf of Capt. Langdou, by leave of

the Ilon'^'*' the Lt. Govel■n^

Gentlemen, — The cause of my calling you together, is, To know
what way and methods shall be taken to raise subsistence for the
soulders.

The Lt. Governor declared there was but two ways to provide
for the subsistence : First, for the President & Council to impress
Provision, or. That men must be imprest with Provisions.

And that if the Soul'i" be drauue ofi', the blameable cause will
not lye at his doare.

Resolved, That the severall Capts. press men & Provisions, or
meu with Provisions.

niOYINCE or x\EW-riAMPSniRE.

liecords of Council.

Note by the Editor.

[Tlic TIkcouds of Council which follow, are copied from a MS.
volume in the Secretary's Office, arranged by the late John Farm-
er, Esq., from November 3d, 1696, to June 9, 1699. The said
Records are in the hand- writing of Mr. Farmer, transcribed by
him from a MS. volume also in the Secretary's Office, in the hand
of Henry Penny, Esq., Secretary of the Council. The copy by
the Editor has been carefully compared with the original record
by ]\[r. Penny.

Interspersed with the Records of Council will be found many
papers of much value, relating to, and explanatory of, the acts of
the Council, in the same period. The reader should be apprised,
that, for a full understanding of the subjects treated of in the
"liecords of Council,^' it will often be necessary to refer to the
" Journal of the Council and Assembly," which follow the
said Records in this volume, for the same period.]

At a Council held at New Castle
November S^^, 169G.
Present.
The President [John Hinks?]
Henry Green ) Joseph Smith ) ^

llol)t. Elliott [ Esqs. Kiiigsley Hall \ ^^^^'

Nath Wear )

]\rr. William Stratton, presented a petition to this Board,
setting forth that he was Master of the Brigantine Tryalle,
and taken in Newfoundland, and was ordered to bring back
the prisoners to Boston, and was detained by one Mr. Rich-
ard Anthony, and Mr. E. Stratton ; and Mr. Anthony, being

204 PROVINCE OF NEW-HAMPSHIRE. [16[)G.

present, Mr. Stratton produced the grand Bill of State for
the Brigantine Tryalle from Mr. Peter Butler to Mr. Bar-
Dute and Mr. Bassett owners &c. of said vessel ; and orders
for said Wm. Stratton to be master of the said Brigantine
bound from Boston to Newfoundland as per papers filed :
Which being, Mr. Anthony was demanded what he had to
show, whether he had a bill of sale. Answered, he showed
it to the Lt. Governor, but had it not. The Council de-
manded of s*^ Anthony whether he had a condemnation for
s** Brigantine. Mr. Anthony being demanded as above,
answered No.

Mr. Anthony making nothing appear why the vessel
should not go to Boston to her owners, the Council ordered
the said Stratton to take out his clearing from the officers ;
and that he might have his permit to sail for Boston, & that
if Mr. Anthony has anything to say, the law was open and
lie might arrest the vessel, otherwise the vessel has liberty
to go.

Ordered, that the Deputy Secty. be of the Commity to
receive the Claims.

Whereas, application has been made by Capt. Tuttle and
Capt. Woodman that they are out of provisions in the fron-
tiers, and without further and speedier supply of subsist-
ance the sold'"^ must be drawn off, and nothing appearing
in the Treasury to supply with provisions. It is therefore
ordered, that a copy hereof be forthwith sent to Lt. Col.
Thomas Packer, signed by the President with advice from
this Board, to visit the Garrisons in Dover and Oyster River,
and wherever he shall find the inhabitants willing to sub-
sist the soldiers. Passed until further care can be taken
for subsistance there to continue so many as are posted
there, and such as are not willing to subsist the soldiers
aforesaid, to draw them off until further orders, taking
their answers from under their hands ; and the Lt. Coll.
shall have power to order men out of Hampton & Ports-
mouth in proportion for those that remain posted, for which
this shall be the Lt. Col's Warrant.

1G9G.] RECORDS OF COUNCIL. 205

Ordered, that the Collector ]>ay unto the Treasurer
£9:7:0, it heing ball, for his account.

Ordered, that the Treasurer pay <£ 9:0:0 unto the Presi-
dent for use of the soldiers at the Fort William and Mary,
at New Castle.

Ordered that !Maj. Smith and Capt. Hall dismiss the sol-
diers posted at Hampton and Exeter, on Monday next,
until further orders.

Ordered the Treasurer pay unto the Dep. Sec. X14:0, itt
being in full for his salary from the sixth day Sei)tcniber
1695, to sixth day of this inst. 9ber, 1696.

Ordered that Thursday the 12''' of this instant be kept as
a day of Public Thanksgiving throughout this Province, &
all servile labor is forbidden thereon. The President and
Mr. Elliott appointed to draw up the Proclamation.

Ordered that the second Thursday in December next be
kept as a day of Humiliation throughout this Province, for-
bidding all servile labor thereon ; and Mr. Green, Mr.
Wearc and Mr. Smith are appointed to draw up the
Proclamation.

The Deputy Sect, making application that he being re-
moved in New Castle and itt being not convenient to keep
his Commission for Capt. [in] Portsmouth, desired he
might lay down his commission.

The Council granted the same.

[Prov. Rcc. B. I. p. 189.]
Letter from Win. Stoughton, Lieut. Gov. of Jfassachnsetts.

The Generall Assembly of liis Maj'^' Province of Massacliusetts
Bay, reassuming the cousideratiou of the mauifold iiiconveuieuces
and detriment to his Maj'^^ interests by the supplies conveyed unto
his enemies, on pretence of I'elieving the French of Port Koyal,
who have professedly subjected themselves unto the obedience of
the Crown of England; and however sincere their desires may be
of living under the English Goverjunent, yet arc liable to the out-

206 PROVINCE OF NEW-HAMPSHIRE. [1G96.

rages of the Indians, and theii" ill neighbors of St. Johns River^
in case they deny to hold correspondence with or afford supplies
to them whcui they have it: Have thought it necessary to inter-
dict all intercourse of Trade unto Port lloyal, or any of the parts
or places adjacent in Acadie or Nova Scotia, being within this
Governni', under sevei-e penalties ; and that no license be granted
to any for the same : Of which it is thought necessary to make
you acquainted, and to desire you to take care within your Gov-
ernment to prevent and restrain any vessell or vessels from going
out thence unto the parts or places afores'', that there may be joint
endeavours to pursue that which may conduce unto his Maj'-^'^
service and be for the common safety ; wherein I doubt not your
readiness.

Your affectionate friend, & humble servant

Wm. Stoughton.
Boston, Dec. 2i, 1696.
" To the llon''''^ the President & Councill
of his Maj'-^' Province of
New Hampshire."

At a Council held at Portsmouth,
19'^ Jau>' 1696-7.
Present.
John Hinks Esq. President.

Peter Coffin ^ Nathaniel Weare )

Robert Elliott > Esqs. William Vaughan > Esqs.

Henry Green ) Richard Waldron )

Mr. Charles Story produced a commission before the

Board for Judge of the Admiralty within the Province

which was read and allowed of according to the powers
therein contained, bearing date the 17*'' day of June 1696,
and the same ordered to be recorded. Mr. Cliarles Story
was also admitted Secretary of the Province and Clerk of
the Council and took the oaths accordingly.

1G07.] RECORDS OF COUNCIL. 107

Held the 20'" ditto.
Present ut supra

Held the 21«* ditto.
Present ut supra.

Ordered, that the Secretary do forthwith signifie from tliis
Board to the sever' Capt' of the respective towns within
this Province, that thej are required within their several
limits to take effectual care that Watches, Wards and
Scouts be constantly kept for the discovery of the enemy
and prevention of being surprised by them ; and that for
the future they obey the orders of Major Wm. Vaughan as
Major.

Ordered, that notice be given by the Secretary from this
Board to Lt. Col. Thomas Packer, that for the future he
do not exercise the office of Lt. Colonel over the Militia of
the Province, nor that of Judge of the Probate of Wills
and Grant of Letters of Administration, by being hereby
dismissed from both those offices.

Ordered, that notice be given by the Secretary from this
Board to Major Joseph Smith that for the future he do not
exercise the office of Major over the Militia of this Prov-
ince, nor that of Treasurer of y° Province, being hereby
dismissed from both those offices.

Ordered, that Wm. Vaughan be "desired to take upon him
the command of the Militia of this Province as Major,
according to the tenor of his former commission and that
the said Wm. Yaughan be Treasurer of this Province.

Ordered, that John Hinks Esq. President, be desired to
take the command of his Majesties Fort and Compa. of
Sold"^ at New Castle, together with the charge of all his
Majesties Stores belonging thereunto ; and that Theodore
Atkinson be his Lieut.

Ordered, that notice be forthwith given to Capt. John
Woodman and Capt. John Tuttlc to attend the Council at
Portsmouth on Monday next, being the 25"' inst. at ten of

208 PROVINCE OF NEW-HAMPSHIRE. [1G97.

the clock, in order to the adjustracnt of acc"^ for provisions
by them received towards the subsistance of the Soldiery.

Ordered that Capt Nath. Fryer have notice to attend the
Council, at Portsm" on Monday next, being the 25"' Inst at
ten of the clock to give account of what of his Majesties
Stores he received of the late Capt. Walton, and what has
been since expended.

Ordered that Major Joseph Smith have notice to attend
the Council at Portsm° on Monday next being the 25"' Inst,
at ten of the clock and bring with him an account of what
he has received and paid as Treasurer of the Province.

Ordered that Wm. Ardell have notice to attend y*' Coun-
cil at Portsmouth on Monday next, being the 25"' Inst, at
ten of the clock and bring with him his Sheriffs acco"*.

Mr. Richard Joss was this day admitted Sheriffe of this
Province. Council adj*^ till Monday next, being 25"' inst,
at 10 o'clock in the forenoon at Portsm".

Chas. Story, Secretary.

[Prov. Rec. B. I. p. 191.]
Lieut. Gov. Usher's Speech to the Assembly.

Gent™

In my speacb laid before you the true state of the province & y^
condition of Her Maj'tys Fourtt recomendiiig to yo'' care the
raiseing of Mony for Secui'ity & defeuce thereof; iu yo"^ answer
thereto are pleased to intimate there are acts for dutys laid w*^"*
you judge will pay the debts & answer the necessary charge.

Those acts are given for other ends & uses, judge will nott
answer those Ends for w'^'^ itts made, & the mony raised by those
acts mustt onely be aplycd to the ends for w*^'^ itts granted.

You likewise say the Lawes of the place have mad provision for
security of the province & his Excellency hath represented the
state thereof home. *

I laid before you the province was in Debt above £450, & daily
charges doth arise, thatt there was absolute nede of soulde" att
Her Maj''y^ Fourtt & some of the tfrontier Garrisons : if either

♦ In England ?

1697,J RECORDS OP COUNCIL. 209

suffer by want of suplys, I have quiHod mypolfe. His Ex^ have-
ing frivc notice y" y* sever" Treasurers acco"" from the year 1G94
be in-epared to be sentt to Eng'*', the sever" acco"* from lG9-i to
Janu. 16'J6 by the sever" Treasurers hath been laid l)ef()re the
Couucill w"' there voucliers & receipts & how & to whatt end the
revenues liath bin aplyed.

There hath bin in Major Yauu:hans & his successors time pd to
Wm. partridge, Esq. £07:2:0, for w*^'' there is noe acco" of per-
ticulers of disbursmtts, & y" ought n' to be allowed.

As to the 300£ pd yo'' agcntt, doe lind tliatt he bass not given
any acco" either to the Councill or assembly of any proceedings
of his in Eng''^ for acco" of the publick.

I have nott onely bin informed of the condition of the province,
butt have vissitted itt & sen tlic condition thereof, & I doubtt nott
but y* Govern'' hath truely represented the same, & I shall by
these Mast ships second itt likewise to Her Maj'y. In the mean
time shall take care of her Maj'^^ B^ourtt as shall judge proper.
Gen'"" you are dissolved & in her Majestys name doe dissolve you.

Indorsed — "Mr. Ushers speech when he
dissolved the Assembly."
[Probably 1697.]

[Prov. Rec. B. I. p. 192.]
Letter of Lt. Oov. John Usher.

Boston, 11 January 1696-7.

Sir — This comes by Mr. Secretar}' , * who has a Commission for
Judge Admiralty and Judge Probate Wills. As to that of Admi-
ralty, is very proper: As to that of Wills, am of opinion the
King hath invested the Government with powers to appoint, by
virtue of Commission under the Great Seal; if the Commission
be rejected, would advise the gentleman forthwith to return to
England, who may go hence in three weeks and return in the
spring.

As to Partridge's Commission, if with the broad seal well ; if
not, he is not to be admitted. I understand he has left his in-
structions at England: if so, he may fetch them. Capt. Fryer is
not to part with any of the Commissions or instructions, I hav-
ing in England given receipts and become obliged to answer for
them. All my present trouble is, I have them not here. Be

* Charles Story.

210 PROVINCE OF NEW-HAMPSHIRE. [1G97.

pleased to desire Capt. Fryer according to his promise in a letter,
not to part with them — they being that which must bare me and
him out for what acted ; thereby the bearer hereof will not be
baffled by Pickerin or any of them. Fail not of giving him the
Pickerin's recognizance, who will prosecute the same. I have
advised him who to confide in — judge Partridge and he at a
distance.

Mr. Allen is providing to be here in the spring ; believe before
2 months at an end the place will be at their wits' end; for they
had best be cautious in the Government so as to get nothing con-
trary to Commission and Instructions, for as I am informed mat-
ters are lame and the Commission.

Long to hear of all proceedings. Some already hath been
amiss; — as in guarding to church, &c. as Governor when Com-
mission not published understand he has nothing of admiralty
[meaning dubious]. Shall not add; but am.

Sir, your Friend

Jno. Usher.
Advise the Gentleman so as he may
not be too much run down
as the Banck will endeavor to do.

Indorsed— "Mr. Usher to Mr. Redford.'"'

[Prov. Eec. B. I. p. 193.]

Boston, 21 Jan. 1696-7.
Sir,

Yor*'^ 18"* reed. Am surprised H. [Hincks?] should attempt
and Fryer should comply — as to my commission itts all wrong, &
I say Fryer is President until a new Commission ; for Hinck's sus-
pension is good while my Commission is in force. I would nott
have Fryer to actt with them, for they run all in a wrong chanel —
hope they will bafflel Story ; w*^"* if in anything they doe, lett him
some and informe me ; and, until a new commission comes to
supersede mine and takes place by due publication, I will doe him
right and justice; when I am fully informed of matters, if I can
be safe with my life, will come to yo"" parts. I find all their steps
are wrong — Elliott y'' chiefe, which in time may know what's to
trade beyond the sea. I am

Yo"" Friend
Superscribed — '' For his Maj' service Jno. Usher.

To Capt. Wm. Bedford,
Dep. Secy, at
New Castle."

lO'JT.] RECORDS OP COUNCIL. 211

Att a Councill held at Portsmouth
l)riino Fob""^' 1G96-7.
Present,
John Iliiiks Esq. President.

Peter Coffin ) Wm. Van<;lian ) ^

Hen. Greene > Esqs. Rich'd Waldron \ ^

Robt. Elliott )

Mr. Charles Story, coming lately from England and
being the last Council day admitted Secretary of the Prov-
ince and Clerk of the Council, to whom the books and
papers belonging to the Council and Assembly were then
delivered, he, not appearing, the Council ordered a boat
forthwith to New Castle for him where he was seen this
day ; but he not coming seasona])ly, the Council adjourned
to to-morrow mornino; at ten of the clock.

At a Council held at Portsmouth
February 2, 1696-7.
Present ut supra.

Mr. Story being sent for, appeared before the Council.
The President told him he did not well to neglect the King's
service in that station to which he was lately admitted, and
that the Council sat yesterday and waited his attendance
which he knew of; yet he never appeared, but instead
thereof went out of this Province into the next. Said
Story answered w"' a lofty and indecent carriage towards
the Council, that he was cautioned against acting in those
places where he was lately admitted, and therefore should^
not act. The Council askt whether he had his caution from
the Late Lt. Governor Usher. He refused to answer. Then
the Council demanded of him the books and papers belong-
ing to the Council and assembly which was delivered him
by this Board, but these he also peremtorily refused to de-
liver; whereupon the Councill ordered a Constable to take

212 PROVINCE OP NEW-HAMPSHIRE. [1697.

s*^ Stoiy into Custody and forthwith gave a warrant to the
Sheriff and Capt. Pickering to make diligent search for
said Books and papers ; and because Mr. Redford late Dept.
Sect, and clerk of the Council had sundry other public
papers and books of record belonging to this province in
his custody, which he was ordered by the Council to bring
in and deliver within a limited time, which he promised to
do, but wholly neglected the same ; therefore it was ordered
in the aforesaid Warrant to search for and bring in all pub-
lic papers and books of record that could be found belong-
ing to the Province to this Board. In a little time the
Sheriff found and brought in the Council and Assembly
books and papers lately delivered Mr. Story ; whereupon the
said Story was called in before the Council and told, though
he endeavored the contrary, yet the Council had now got
their books and papers again ; and since he had so perem-
torily refused to serve the king in this Province in the offi-
ces of Secretary and clerk of the Council to which he had
so lately been admitted, and thereby dismissed himself, the
President and Council did also dismiss him ; but further
told him that as to his office of Judge of the Admiralty
within this province, the Council would do what was proper
for them in countenancing and assisting him in the execu-
tion of that office according to his commission. Soe Story
was dismissed.

Capt. Pickering also by Warrant aforesaid made search,
found, and brought in to this Board sundry Books of Rec-
ords and papers belonging to the Province.

Upon information of Mr. Greene a member of this Board,
that Lt. Peter Wear of Hampton had disputed the power
of the President and Council and spoken reflectingly on
the members of the Council,

Ordered that a Warrant be given to the Sheriff to fetch
the said Peter Waer before this Board forthwithe to answer
what shall be objected to him in his Majes^-^^ behalf.

Council adjourned tomorrow
at ten o'clock.

1697.] RECORDS OF COUNCIL. 213

New Ilampsliire.

By the President and Council.
To Mr. Rich. Joce Sherifife and Capt John Pickcrint^.

Whereas Mr. Chas. Story was by the President and
Council of this Province admitted Secretary and Clerk of
the Council, and the Council and Assembly books and
papers were delivered unto him the said Story accordingly ;
but the said Story neglecting to attend the Council and
being sent for before the Council and refusing to serve as
Secretary and Clerk of the Council and also refusing to
deliver up to them again the aforesaid Books and pai)ers ; —
these are therefore in his Majesties name to require and
impower you or either of you forthwith to take with you soe
many persons as you see meet, and make dilegent search in
any house, rooms, closets, chests, trunks or other places
within this Province for the above s** books & papers, or any
other public books or papers or Records belonging to this
Province, and the same when found, to bring unto the Pres-
ident and Council, and all persons are alike required to be
aiding and assisting to you herein. Hereof fail not, and
this shall be your sufficient warrant. Given under our
hands and seals at the Council Board in Portsmouth the
2^' February, 1696.

At a Council held
at Portsm° 3'" Febru''^' 1696-7.
Present.
John Ilinks Esq. President.

Peter Coffin ) Wm. Yaughan ) -^

Henry Green [ Esqs. Richard Waldron \ ^^^^•

Robt. Elliott )

Mr. Henry Penny was admitted Secretary of the Prov-
ince and dark of tbc Council, aiul took the oaths accord-
ingly. Lt. Wacr being sent for by the slieriff to appear

214 PROVINCE OF NEW-HAMPSHIRE. [1G97.

before this Board to answer what shoukl 1)C ohjected to him
on the Kings behalfe ; who appearing, it was alleged against
him l)y Mr. Greene a member of this Board, that he the
said Wear did dispute the authority of the President &
Council, and spake some words reflectingly on the Council,
but the said Wear promising for the future to obey the
President and Council and not Mr. Usher, if he should
come into the Province, unless he came with the Kings
Commission of later date than that wherein his former
power was nulled and made void ; — upon which the Council
gave him an admonition and dismissed him paying the
Sheriffs fees.

Upon request of Mr. Browne and Chr. Potle for the re-
lease of two men in Hurds Garrison at Dover, that have
been out more than their usual time of service, the Coun-
cil orders the Sect, to signifie to the Captains of Hampton,
viz. Capt. Henry Dow & Capt Greene that they order their
dismission, and to send two other men in their room fitt for
the service. The Council adjourned tomorrow morning at
10 of the clock.

February 4"' the weather being very tempestuous, the
Council could not meet.

Henry Penny, Secretary.

At a Council held at Portsm" 8«> Febb 1696.
Pi'esent.

John Hinks Esq. President.
Peter Coffin )

Robt. Elliott [ Esq. Wm. Vaughan I ^

Hen. Greene ) Rich. Waldron j ^'

Information being brought this Board that Mr. John
Usher late Lt. Governor of this Province notwithstanding
his Majesty hath been pleased to null and make void his
power and authority here ; yet he the said Usher is come

1^)97.] RECORDS OF COUNCIL. 215

in to the Pi-ovincc and exerts his power and autlioiity as
forniei'ly, ordered, tliat a proclamation be forthwith pub-
lished of the tenor following-

By the President and Conncil,

A Pioclmnatioa.

WlicrcHs. his Majesty luilli bc^oii i;raciously pleased by Commis-
sion under tlie <»ro;it seal of England bcariiifi- date y" 2G day of
June last past to nominate and api)oinl William Partridge, Esq. to
be Lieut. Governor of the rrovince of New Hampshire, and
therein his Majesty having also been pleased to make null & void
the power and authority of Jno. Usher late Lt. Governor of this
Province in these words following': ''And Avhereas by our com-
missiou under our great seal bearing date the tirst day of March
in the fourth yi^ar of our reign we have constituted & appointed
our trusty and well beloved Sam. Allen, Esq to be our Governor,
and John Usher Esq. to be our Lieut. Governor of our said Prov-
ince of New Hampshire, Wee do hereby revoke so much of our
said Commission whereby the said John Usher Esq. is constituted
and appointed to be our Lieut. Governor of our said Province of
New Hampshire, and all the powers and authorities thereby
granted to him declaring the same to be for the future void and of
none etfect, so far as it relates to the said Jno. Usher." And
whereas, upon the arrival of Wm. Partridge, Esq. by orders from
Sam. Allen Governor of this Province, the commission and In-
struction were delivered unto John Ilinks, Esq. President, who
with the Council hath the power of Government in the absence of
the Governor & Lt. Governor: These are therefore to give public
notice to all his Majesties good subjects inhabiting this Province,
that John Usher Esq. has no farther power or authority here, nor
are any persons to obey his orders or warrants for the future, but
that the present power of Government is vested in the President
and Council, till Governor Allen arrive, or Lt. Governor Part-
ridge please to publish his Commission and take upon him the
Government accordingly; and this all persons are to take notice
of and conform themselves thereto accordingly : From the Coun-
cil Board at Portsmouth this 8* February IG'JC. By orders of tlie
President and Council. God save the King.

Hen Penny Sect.

216 PROVINCE OF NEW-HAMPSHIRE. [1697.

Ordered, that Major Wm. Vanghan take with him as
many men as he can readily get mounted, to march at
Hampton & Exeter to suppress any tumult and disturbances
that may happen in the Province.

Esqs.

Portsmouth. At a Council held at Portsmouth

8»> February, 1696.
Present.
John Hinks, Esq. President

Peter Coffin ] Wm. Vaughan

Rob. Elliott S Esqs. Rich. Waldron

Hen. Greene )

Ordered, that Major Wm. Yaughan forthwith take with
him so many men as he can readily get mounted, and with
them to march to Hampton and Exeter and there cause the
proclamation herewith given him to be published ; as also
notice from this Board, that all Captains and other inferior
military officers continue in their place until further orders,
and if the said Vaughan can meet with any person or per-
sons, that have given or doe give any disturbance to this
his Majesties government, that he seize and secure the
same and all officers military and civil, and all others are
hereby required to be aiding and assisting to him the said
Yaughan in the execution hereof.

By order of the President & Council.
Henry Penny Sect.

[Prov. Rec. B. I. p. 213.]
Letter from Hoard of Trade.

In Ms Majesty's special service.
To the Hon^'^ John Usher, Esq. lier Majesty's Lt. Governor and
Commander-in-chief of her Maj" Province of New Hampshire,
in New England, or to the Commander-in-chief of that Prov-
ince for the time being.

1697.] RECORDS OF COUNCIL. 217

New Hampshire :

Sir-
Since his Majesty's having been pleased to constitute us with
others his Couiniissioucrs for prunu)tiii<4" the trade of this King-
dom, and for inspecting and improving iiis IMantations in America
and elsewhere, Ave have received several letters from you directed
to the Lords of the late Committee for trade and plantations; and
in the last place, by Mr. Story, dated the 16'*' and 8*'' of February
last.

AVhat you have therein represented to us about the present dis-
orders in the Government of New Hampshire, liath seemed tons
so considerable, that we have laid the same before their Excellen-
cies, the Lords Justices, according to the account of your proceed-
ings and the protest in your aforementioned letter of the 16* of
I'ebruary ; and having thereupon otl'ered to their Excellencies our
oi)iuion, that in the interval till either Mr. Partridge do qualify
himself for the exercise of his Commission, or till the Earl of Bello-
mont do arrive in that country, or till their Excellencies think tit
otherwise to determine ; their Excellencies would be pleased to
give directions that liis Majestys authority may not be trampled
in your person, but that all persons in that Province be strictly
required to pay you due obedience according to tlie tenor of your
Commission.

These are therefore to acquaint you, that their Excellencies have
thereupon been pleased by their order in Council to declare their
approbation of what we so represented unto them, and to require
us to signify their pleasure therein to you, that you may in pur-
suance thereof (till provision be otherwise made in some of the
methods before mentioned) require all persons in that Province
(at their peril) to pay you due obedience, according to the tenor
of your Commission, from his Majesty.
So we bid you heartily, farewell,

Your loving Friends,

Tanckerville
Ph. Meadom's
John Pollixfens
John Lock
Abraham Hill.
Indorsed — '' Copy of the Lords
Justices Letf to Jno. Usher."
[On the margin—" Whitehall,
Aug. 3, 1097. -'' — Ed.]

218 PROVINCE OF NEVV-HAMPSHIRE. [1G97.

Portsmouth. At a Council held the

9'h February 1696.
Present.
John Hinks Esq. President.
Peter Coffin ) Wm. Vauorhan

Robt i::iliott \ Esqs. Richd. Waldron j ^^^i^'

Hen. Greene )

Ordered, that answer be given to Lt. Governor Stough-
ton's letter.

Portsmouth 9*^ Feb. 1696.
Honorable Sir.

We find a letter from your Honor of the 24"' December,
which has for some time lain dormant, and not brought
before the Council ; wherein you are pleased to signifie
your interdicting all intercourse of trade unto Port Royal,
and which we are very well satisfied with and shall take
effectual care the same be done by this Government,
notwitlistanding some late overtures (on very specious pre-
tences) have been made us to the contrary. We have fur-
ther to let your Honor know that his Majesty hath now been
pleased by commission under the great Seal, to nominate
and appoint Wm. Partridge Esq. to be our Lt. Governor,
and therein to null and make void the power and authority
of John Usher, Esq. late Lt. Governor. Our Governor
Allen also wrote and ordered Mr. Usher to deliver Mr.
Hinks said Aliens' Commission and Instructions, and de-
sired said Hinks with the Council to take upon them y"
Government accordingly, till Mr. Partridge should receive
and publish his Commission, Mr. Usher not being now on
the place.

The Commission and instructions then in the hand of
Mr. Fryer were delivered to Mr. Hinks as President afore-
said, but notwithstanding all this, Mr. Usher is pleased to
exert his weak endeavors to give us some disturbance ; to
y" end appeared at Hampton on the last Sabbath day, and

1007.] RECORDS OF COUNCIL. 219

Avc hear, iu the forenoon before Sermon, made a largo com-
ment on the copy of this Commission. He also gave out
orders to sundry officers civil and military, to meet him at
Hampton the next morning, antl the two First Companysof
the townc to be then in arms ; but miserably failing of his
expectations, he withdrew and left the Province on IMoiulay
afternoon ; assuring some of his creatures that Lt. Gov-
ernor Stoughton had promised him if he mot with any
oi)positi<)n here to give him assistance ; and this account of
Mr. Ushers motion we offer not your Honor as matter of
moment, but rather of discussion,* being well assured your
Honor will never give assistance to any further than may
have a tendency to his Majestys service, and the good of his
subjects ; and therein according to our poore measures we
shall always endeavor a joint compliance with you. Being,
much honored, — Your Honor most humble serv'ts.

By order of President and Council.

Henry Penny, Sect.

Council adjourned to morrow 9 of the clock.

Portsmouth. At a Council held 10*'^ February, 1696-T.

Present.
John Hinlvs Esq. President.

Peter Coffin ) Hen. Greene )

Robt. Elliott ] Rich. Waldron \

Adjourned to morrow, 11 of the clock.

* This word is doubtful,— perhaps dUcretion,

220 PEOVINCE OF NEW-HAMPSHIRE. [1C97.

At a Council held 11'^ February, 1696.
Present.
John Hinks Esq. President.
Peter Coffin )

Robt Elliott S Esqs. Wm. Vaughan ) -^

Henry Greene ) Rich. Waldron ) ^

Ordered, that notice be forthwith given from this Board
by Sect, to the several Constables within the respective
towns in this Province, that they make all possible dispatch
in collecting the Province rates and paying in the same to
Major Wm. Vaughan, Treas. or his order, which was done
accordingly.

Allowed, Mr. Rich Jose tenn pounds in full of his ac.
count of disburse"** & charges when last Sheriffe, besides
what was paid him by Treasurer Partridge, which money is
to be paid him by the Treasurer.

Ordered, that what men Peter Coffin Esq. doth hire out
of this Province to keep his Garrison and masting shall be
free from any Impress.

Ordered, that every particular member of this Councill
shall have each of them one man free from all duty of
watching, warding or training.

Ordered, to be allowed Mr. Geo. Jeffery his account of
eight pounds fourteen shills. and seven pence to be paid by
the Treasurer.

An account being brought in to the Board this day, of
money due to sundry of the inhabitants of the towne of
Portsmouth for soldiers wages & subsistance &c. as per par-
ticulars on file, amounts to .£136:8:3
Allowed and ordered to be paid by the Treasurer
out of the last 600 lbs rate. An acct. as above
due to the inhabitants of the town of Hamp-
ton Amt to 110:11
Allowed and ordered to be paid by the Treasurer
out of the last 600 pounds pounds rate. An ac-
count as above due to the inhabitants of the

town of Exeter 147:11

1697.] RECORDS OF COUNCIL. 221

Allowed and ordered to be paid by the Treasurer
out of the last 600 pounds rate, An acct. as
above to the inhabitants of the town of New
Castle. 30:01:2

Allowed and ordered to be paid by the Treasurer
out of the last 600 pounds rate, An account as
above due to the inhabitants of the town of
Dover. 35:03:5

Allowed and ordered to be paid by the Trcas. out
of the last 600 pounds rate, An account as
above due to the inhabitants of Oyster River 20:02:00

Allowed and ordered to be paid by the Treas. out

of the last 600 pounds rate. 474:16:10

Ordered, that the Treasurer do forthwith pay unto the
six soldiers at the Fort, viz. Robt. Haynes, Hen. Langmaid,
Thomas Barnes, Tho. Mardcn, James Philips and John
Cross the sum of forty-three pounds, eight shills. and four
pence, in part of pay for what is already due to them.
Adjourned to morrow morning at 10 o'clock.

Henry Penny, Secretary.

Portsmouth. At a Council held this 12*'> Feb. 1G96.

Prcst.
John Hincks Esq. President.
Peter Coffin ) Wm. A^au2;han

Rob. Elliott [ Esqs. Rich. Waldron j •^^^^•

Henry Greene )

Whereas, by a late act of Assemljly, Entitled " an Act
for Paying 600 pounds for defraying the public charge of
the Province," the proportion of each town rate to tbat
sum of six himdred pounds was settled and the Treasurer

222 PROVINCE OF NEW-HAMPSHIRE. [1697.

obliged before the 20"' of October past to issue out his war-
rants to the respective Constables to collect and gather in
said rates accordingly ; and whereas it hath hitherto been
omitted, in that many Constables have not yet received the
Treasurers Warrants for collecting s*^ rates, — Ordered, that
the present Treasurer forthwith give warrants to such Con-
stables as have not yet received any, to collect said rates as
above. Ordered, by this Board that Major Joseph Smith
have notice to attend the Council at Portsmouth on Mon-
day next being the 17"^ of this instant February at 10 of
the clock in the forenoon, and bring with him an ace" of
what he has received and paid as Treasurer in this Prov-
ince— notified accordingly.

Ordered, that Capt Jno. Gerrish of Dover, Capt Hen.
Dow of Hampton, and Capt Job Alcott of Portsmouth,
have notice to attend this Board Wednesday next at 10
of the clock in the forenoon. The Council adjourned to
Wednesday the 17"' inst.

Hen. Penny, Secre*.

Portsmouth. At a Council held this 17"' February 1696.
per Adjournment.
Present.
John Hinks Esq. Pres.

Nath Fryer "") Nath. Wear )

Peter Coffin f p Wm. Vaughan > Esqs.

Robt. Elliott i^^^q^- Richard Waldron )

Hen. Greene J

Major Joseph Smith according to notice given him by
order of this Board to give his attendance this day and
bring with him his account of his Treasurership, accord-
ingly he appeared with his account and was dismissed.

Capt. Jno. Smith, Capt. Hen. Dow, and Capt Job Alcock
were sworn Justices of the peace for this Province.

Upon information to this Board that y*" Bridg over Coche-

1(>!)7.] RECORDS OF COUNCIL. 223

cha River is In-okcn and gone, whereby relief to lleards
Garrison will be hindered in case of an attack from the
enemy, Ordered, that the Sect^ give notice from this
Board to Capt Jno. Woodman, Capt. Jno. Tuttle and y*"
Selectmen of Dover, that they with all convenient speed
call the inhabitants of the town together and make a suffi-
cient bridg over Cochccha river, that Heards garrison may
be relieved as there may be occasion.

Hen. Penny, Secr'^,

[Prov. Eec. B. I. p. 190.]
Letter from Lt. Gov. Wm. Stoughton, dated

Boston, February 24, 1696-7.
IIon^'« Sirs,

I received yours of February curr' in answer to mine formerly
sent to your Government, relating to a restraint of all trade and
commerce with the French of Port Royal & other the parts of
Nova Scotia, which seems to be agreeable unto yourselves, and I
doubt not of your care in that matter.

I understand Mr. Partridge has not seen cause yet to publish his
Commission; the reason of the delay I am not certainly informed
of. Various reports concerning your afiairs are passing here. I
hope all things are right and w'ell ; I should be sorry for any mis-
take, that may prove inconvenient to yourselves or prejudicial to
the King's service. Its necessary that the orders of Government
be duly acknowledged and submitted unto, under the present junc-
ture of affairs when the enemy stands at tlie door. It may be rea-
sonably expected that they will invade these parts by sea tliis
spring or the summer coming on; they have given forth great
threatenings, and its said from other parts that they particularly
desigue for Piscataqua River. I hope you will take etfectual care
tliat all things be in a good posture, lit to oppose and repel them,
and any attacks which may be made upon you by land. I shall
be ready on all occasions to assist you so far as I may be able,
desireing to maintaine a good correspondence & neighborhood
with yourselves and all his Maj'" Governments. I am, Sirs,

Your affectionate Friend
"For his Maj'^' service. and servant.

To tlic Ilon''''^ the President and AVm. Stoughtox.

Councill of his Maj'>'* Province of

New Hampshire."

''These:'

224 PROVINCE OF NEW-HAMPSHIRE. [1697

Portsmouth. At a Council held this 26*''

March, 1697.
Present.
John Hinks Esq, President.

Nath. Fryer ~^ Wm. Yaughan ^

Peter Coffin 1 -p, Nath. Wayer \ Esqs.

Robt. Elliott 1^ ^^^^' Rich. Waldron )
Hen. Greene J

A letter from Lt. Governor Stoughton from Boston of
the 24*'' February 1696, being read before this Board.

Ordered, that an answer be given to the same forthwith,
which answer was read and approved of by this Board, and
is as foUoweth.

Portsmouth 26 ^ March, 1697.
Hon Sir, —

Since y*" receipt of yours 24*^ February, our Council hath
not met till this day, soe could give you no answer thereto
till now. As to Mr. Partridge not presently entering upon
the Government, and Mr Ushers endeavoring to give us
some disturbance thereupon, presume you have had a larger
account than is now expected from us — so shall only let
your Honor know at present that the people of this Prov-
ince are in very quiet and orderly posture, readily and will-
ingly submitting to the power, and obeying the commands
of the President and Council, till Mr. Partridge see cause
to enter upon the Government, and that his Majesties inter-
est and service here is like to suffer no prejudice, save only
from the common enemy, there being no room left for mal-
contents to create a division amongst us. We are very glad
to find y"" Honor under so deep a sense of the approaching
danger from the enemy both by sea and by land, & particu-
larly their designing for this river, and cannot but grate-
fully acknowledge your ready offer on all occasions to assist
us as you may be able ; and therefore considering the great
danger to which we were more particularly exposed, and
our weakness and incapacity to defend ourselves ; and above

1C07.] RECORDS OF COUNCIL. 225

all the damage y" may accrue to liis maj'" interest and ser-
vice by the loss of this river, so much depended on for the
yearly supply of his Maj'^* Navy with masts : — We most
hunibly pray your Ilonor to afford us a supply of sixty able
men for the strengthening of our r ort at Great Island,
Frontiers, &c. for which will engage to pay the one half of
the charge for subsistance & wages ; & that the said men
shall be ready together with so many of our Province as
can be Spared on all occasions to give rcliefe to any ]ilace
that may be attacked by the enemy in the County of York.
AVe are now to work upon y'' Fort to put that into the best
posture of defence we can. The inhabitants of Strawljerry
Bank are also erecting a fortification landward to inclose
the bulk of houses which with other charges accruing there-
upon will cost them near four hundred pounds, beside the
payment of their equal proportion to the equal charge of
the Province. Oyster River and Cochecha have also their
relief of men from Portsmouth and Hampton, and though
it hath been some time objected that Hampton is a |)opu-
lous place and able to supply a good number of men for
help of its neighbors ; — In answer thereto, their remote
scattered living renders them capable of doing little that
way, and should they be reduced to narrow limits they
would not be able to subsist. The Great Island also, where
his Majesties Fort stands, contains not above thirty fami-
lies, to which belong about 30 or 40 men appointed for ser-
vice in the Fort upon occasion ; but their manner of living
much on the sea & fishing, they arc some times reduced to
a very small number, very unequal to what the Fort re-
quires in case of an attack by sea ; and indeed the whole
Province are so much frontiers to y'' enemy by sea or land,
that one place is not able to give relief to another.

We have only further humbly to offer our opinion, that since
the enemy by sea may, with considerably strength be prob-
ably ex[)ected,it may be advisable that a considerable num-
ber of men be 'listed through the body of the country, to
1.3

226 PROVINCE OF NEW-HAMPSHIRE. [1697.

be all ready with orders to march at an hours warning
towards the place where the enemy may bend their course,
of which by scout, shallops &c. we may doubtless have ad-
vice before we see them. Thus all things considered, ^and
more especially how much it imparts his Majesties interest
and service to preserve this River, we confidently promise
ourselves your Honors favor in giving the relief desired,
and such farther as future occasions may call for : To which
we pray answer by first, and remain,

Your Honors most humble servants.
By order of the President and Council.

Henry Penny, Secretary.

Ordered, that Mr Wm Reedford late Dept. Secretary, be
paid four pounds ten shillings in full of his Salary from the
6'^ of November to the 20"> January 1696.

[Prov. Rec. B. I. p. 195.]

Letter of Lt. Gov. StougMon.
Hon'^'^ Sirs,—

I have yours of the 26"* of March past, in which you propose to
be supplied with sixty able men from this Province for the
strengthening of the Fort at Great Island, Frontiers, &c. within
your Government, promising to pay one-half of the charge for
their subsistance and wages. I have advised with his Maj* Coun-
cil thereupon (it not being in my power to send men out of the
Province without their advice and consent) who are of opinion
that it is impracticable to aftbrd any constant assistance upon the
terms proposed — this Province being greatly diminished both in
men and estate, by reason of the distresses of the war and other
public calamities ; — but are willing, in case of the enemies ap-
proach to yield you what help and succour our circumstances
admit of. Cajit. Hancock, commander of his Maf ship Falkland,
now here, intends speedily Avith the said ship for your Kiver, which
I hope will be a good guard for you during his stay, and better
enfoi'ce you than the number of men desired. Our gentlemen are

1C97.] RECORDS OF COUNCIL. 227

as well sensible of the difficulty of raising men, as tlie supporting
of thcni and making reasonable satisfaction to them for their ser-
vice; and the line of our Frontiers is so large and so many men
employed for the securing of the same — besides what are posted
at the Castle and other forts and garrisons within the Province,
over and above those employed by sea for guarding of the coast;
that I know not from whence to draw more without the danger of
exposing the towns and places from which they shall be taken, or
depriving them of the season to attend their occasions of hus-
bandry and providing for the subsistance of themselves and fami-
lies for the whole year, — being already reduced to great scarcity
and pinching wants.

I am, Honorable Sirs,

your affectionate Friend
& humble Servant
Boston, April 15«^, 1G97. Wm. Stoughton.

To the President and Council of New Hampshire.

New Castle. At a Council held at New Castle

the IS^"^ April 1697.
Present.
John Hinks Esq. President.

Nath. Fryer ) Nath Waer )

Robt. Elliott [ Esqs. Win. Yaughan \ Esqs.

Hen. Greene ) Rich. Waldron )

Ordered, Major Wm. Yaughan to send six men to Hoards
Garrison at Dover for strengthening y*" same, to be equally
divided between Portsmouth and Hampton.

Ordered, that Thursday the 29"' of this inst. April, be
kept as a day of public Thanksgiving through out this
Province and all servile labor to be forbidden thereon :
Major Yaughan and Rich. AValdron Esq. appointed to draw
up the proclamation and to be sent by the Sheritf to the
ministers of each town to observe it accordingly.

228 TROVINCE OF NEW-HAMPSHIRE. [1G97.

Province of New Hampshire.

By the President and Council.

A Proclamation.

Whereas it hath been the good pleasure of God to signalize his
goodness to us by remembering mercy in y® midst of Judgment,
particularly in the preserving the life of our King from the vil-
lainous practices of those that have more than once attempted the
assassinating of his royal person; and ourselves from the inva-
sions of the enemy, this tedious winter last past, and more espe-
cially (so much beyond our expectations) in giving us a plenteous
supply of bread with a fair prospect of a seasonable seed time : —
For these and all other Gods mercies towards us, notwithstanding
our undeservings of the same, The President and Council have
thought meet to appoint Thursday the 29'^ of this inst. April, to
be kept as a day of public Thanksgiving unto God. Inhibiting
all servile labor thereon, and directing all people to a hearty and
serious observation of the same ; and to follow it with a right
conversation, that God may show us more of his salvation this
ensuing summer. And this all ministers and i)eople within the
several towns of this province are to take notice of & conform
themselves thereto accordingly. Dated this 15* April, in the
ninth year of his Majesties reign.

God save the King.
By order of the President and Council.

Hex. Penny, Sect.

Upon complaint of some of his Majesties Council that
the highway between Hampton and Portsmouth, particu-
larly the great Swamp is hardly passable and yet not with-
out great danger,

Ordered, that the Secretary do forthwith give notice from
this Board to y® Surveyors of the Highways of the town of
Portsmouth, that they forthwith take effectual care that
the said Highways be sufficiently mended, as they will pre-
vent the penalty that will fall by law upon their neglect of
the same.

Upon reading a letter from Lt. Governor Stoughton im-

1 <■''•'" -J RKCORDS OF COUNCIL. 229

l);u-(ing tlieir [)rcscnt waul of powder for liis ^lajcstics ser-
vice, and desires of a supply out of his Majesties store in
tliis Province, proniisinu; to re])ay it in Icind or money,

Ordered, that Jno. Hinks Esq. and President, & com-
mander of his Majes*-^'" Fort at New Castle, doe order the
delivery of ten barrels of powder ont of his Majesties
Stores, to whom Lt. Governor Stoughton shall appoint,
taking receipt for the same, the value to be paid in pork,
corn, and incase, to Major Wni. Vaughan Treasurer of this
province, or his order, as he shall direct, for snbsistance of
soldiers in his Maj'ties service within this Province ; and
that answer be given to Lt. Governor Stoughton accord-
ingly, which was as follows.

Honorable Sir,

We have y'"* 26"' of March which came not to the Presi-
dents hands until the middle of the week after, nor has
the Council met until now ; the remoteness of our living
and danger of travelling preventing our meeting save only
when necessity calls for it which is the only occasion of
your having been so long without an answer, although your
Honor hath been pleased longer to defer an answer to ours
of the 2G ultimo, which in our opinion does very much
import his Maj'ties service in this province, and which we
hoi)e your Honor at leisure will think of.

As for your desire of a suj)ply of powder out of his Maj-
esties Stores here, we shall always be ready to do what in
us lyes for his Maj'ties service and your accommodation •
and have accordingly examined our stores, where we find
not thirty Rounds of powder left. However, that we may
not be found wanting in any neighborly kindness, we will
spare ten barrels which shall be delivered on demand, to
whom your Honor sends for it, for value thereof in })rovis-
ions for suljsistance of soldiers in his ^lajcsties service here
this sunnner, or money to procure the same to be fortliwith
delivered and paid to Maj. Wm. Yaughan Treasurer or liis
order at Boston, as he shall direct.

230 PROVINCE OF NEW-HAMPSHIRE. [1C97.

We liare no further to offer at present, Lut pray y*" knowl-
edge of your pleasure herein as well as answer to what we
formerly wrote, as soon as may be, remaining

Your Honors' humble servts
By order of the President and Council.

H. Penny, Sect.

Ordered, that if the Lt. Governor see cause to exchange
provisions for tenn barrels of powder, it be recommended
to the General Assembly at their next meeting to raise
money to supply the said tenn barrels of powder to the
Kings' stores again. Adjourned to morrow morning, nine
of the clock.

At a Council held at New Castle
per adjournment to the 16* April.
Present.
John Hinks Esq. President.

Nath. Fryer ^

Peter Coffin |^ ^ Nath. Waer )

B.obt. Elliott r^^^i^' Wm. Vaughan S Esqs.

Hen. Greene J Richard Waldron )

For raising the work of the' Fort at New Castle with
turffe &G. Ordered that the Major do issue out his warrants
to the Captains of Hampton and Portsmouth, to send eight
able men from each town to appear at New Castle on Mon-
day the 26"' April, and the commander of the Fort to sup-
ply four men out of the town of New Castle at s" time for
s,'^ service, and that the President, Mr. Fryer, Mr. Elliott,
and Mr. Holland be desired to supervise y® work and order
the men thereabout.

Ordered, that Major William Yaughan send to the sev-
eral Captains of the Province that they daily send out scouts
to discover the tracking of y^ enemy ; said Scouts not ex-

1G97.] RECORDS OF COUNCIL. 281

cceding t\V(i men in a company between each town & to
scont according to the order of the major.

Ordered, that Nath. Fryer E.s(|. be the ])erson that is ap-
pointed for the rrol)ate of AVills and granting letters of
administration in this Province.

Ordered, that Hen. Penny Sect, be the person that is
appointed to be the clerk of y" cortts, clerk of the sessions
and of y'' inferior and Superior Court of Pleas in this Prov-
ince and to take to himself those fees ap})ointed for each
olllice.

Ordered, that Nath. Waer be the Xaval officer appointed
at Hampton to enter and clear all vessels for what goods
imported or exported, and to receive all duties & imposts
as l)y Law, and to give an account of the same to the
Treasurer of this Province for the time being ; and to re-
ceive to himself the accustomed fees for his salary.

Ordered, that Mr. Francis Tucker of New Castle be ap-
pointed Coroner for this Province.

Ordered, that Major Wm. Vaughan, Capt. Jno. Pickering
and Sect. Penny be appointed a committee to examine all
Books, papers and records that were seized in the hands of
Capt. Wm. Redford late Deputy Sect, by order of Council,
and that the Committee take a catalogue of the same and
bring into the Board the next sitting.

Ordered, that Sect. Penny be the Notary public in this
Province and to take those fees accustomary in said place
to himself.

Nath Fryer, Peter Coffin, Henry Greene and Nath. Waer
were sworn Justices of the Peace.

202 PROVINCE OF NEW-HAMPSHIRE. [1G97.

New Castle. At a Council held at New Castle

the 27"> April, 1G97.

Present.

John Hinks Esq. President.

Peter Coffin ) Henry Greene ]

Robt. Elliott i Wm Yaughan S Esqs.

Rich Waldron )

Ordered, that if Major ^Ym. Yaughan see cause to alter
the method of scouting either as to the number of men in
a company or the times of scouting, its left to the Majors
discretion.

AYhereas there is a necessity of procuring provisions for
the sulisistance of soldiers in his Maj'ties fort here, and y*"
frontiers in this Province, and that there is no money in the
Treasury to carry on the necessary charge of soldiers for
his Majesties service : Wherefore Jno Hinks Esq. Presi-
dent, Peter Coffin, Robt. Elliott, Henry Greene, Wm.
Yaughan and Rich. Waldron Esq. have each of them
advanced twenty pounds in money to supply the ends afore-
said, to be each of them re-imbursed out of the first money
that shall be in the Treasury in this Province,

Ordered, that Major Yaughan do send to Boston and dis-
burse one hundred pounds of s"^ money in provisions for
the use aforesaid, as s'^ Major Yaughan shall direct ; and
that on the arrival thereof in this place the one half of the
same be delivered to Jno. Hinks Esq. Capt. of the Fort
here ; y*^ remaining 20 pounds remaine in Mr. Elliotts
hands to attend furtlier order.

Ordered, that Henry Greene Esq. be appointed Judge of
the Inferior Court of Pleas in this Province, Capt Dow of
Hampton, Capt. Hall of Exeter and Mr. Jno. Plastied of
Portsm" be assistant.

Ordered, Peter Coffin Esq. be appointed Judge of the
Superior Court of Pleas. Capt Jno. Gerrish and Ca})t. Job
Alcock assistant.

•1''07.] RECORDS OP COUNCIL. 233

Onloro.l, llmt Ml'. Win. Anldl late ShcrifT, pny forllnvilli
tlie lialaiK'C of his ace" to IMajor Win. Vauglian, Treasurer,
being- [)\h 12s and that y'' Secretary notify the same to him,
and in case y° said Ardell refuse to pay y** same, tliat the
Sect, give warrant to the present SherifT to take it by
distress.

The Council contracted with Lt. Theodore Atkinson to
be overseer of those men that arc now at work on his Maj-
ties Fort, and to see them do their duty, and to allow him
five shill. per diem for his pains.

Upon reading two letters from Lt. Governor Stoughton
of the 15"' and 21*' instant answered as follows, but respited
the sending it forward for some time.

New Castle 27 April, 1697.
Honorable Sir, —

We have yours severally of the 15"' and 21^* current, in
answer to our two last, and tind our hopes frustrated of
what we confidently promised ourselves on your former ad-
vice of readiness to assist us. We wonder your Council
should think it impracticable to afford us any constant
assistance when it may be easily remembered we had it
from Sir Wm. Phij)s, & since from your Honor, on easier
terms than we now proposed, that our necessities are now
increased and our danger much greater — as too yielding
of help upon advice of the enemys approach, it hath gen-
erally happened that the late coming such help has proved
fatal to those that have needed it.

However we must submit to Providence, praying only
further, that seeing we ma'nt expect your bearing any part
of the charge you would please to suj^ply us with forty al)le
men with arms &c. upon our own charge. The Faukland[?]
l)eing here, will neither add a man to our fort or frontiers ;
if we should desire it, we may rationally expect the Capt.
to tell us he has brought his men to defend the Kings ship.
We arc glad you are like to be other ways supplied with

234 PROVINCE OF NEW-HAMPSHIRE. [1697.

powder ; nor slioiild we have lessened the Kings Stores
here on any terms but to have served you in exchange for
provisions which we arc at present wanting of for snbsist-
ance of soldiers here in his Maj'ties service. So praying
your answer, hereto remain

Honble Sir, your most humble servants,
By order of the President and Council

Henry Fenny Secretary.

Sent forward the above letter by Post, 3'' May, 1G97.

[Prov. Kec. B. I. p. 196.]
Letter from Lt. Gov. Stoughton.

Boston, May 2,^ 1697.
Honble. Sirs —

Myself and Council have thought it necessary for his Maj' ser-
vice to lay an Embargo upon Merchant ships and other vessels
trading beyond sea, — the better to restrain men in the country in
case of a foreign invasion ; —the season of the year advancing
apace, wherein the enemy may reasonably be expected in case
they design for these parts : And, forasmuch as the seamen may
have recoui'se unto your Province and get opportunity of voyages
fi'om thence to go out of the country, unless your Government
please to order the like restraint upon ships and other vessels in-
tended for foreign parts ; — I have thouglit it advisable for his Maj-
esty's service to recommend the same unto you, — hoping you will
be ready to encourage and promote so good and needful an order,
I am

Your very loving Friend,
Boston, May 1'^' 1697. "Wm. Stoughton.

President & Council of New Hampshire.

1697.] RECORDS OF COUNCIL. 235

[Prov. Rcc. li. I. p. 197.]
Letter from Lt. Gov. Win. Stoughton.

Boston, May 5"' 1G97.
Ilon'ble Sirs

I have yours of the 27"^ of April past and know no reason you
have to tliink your liopes frustrated of any assistance I encouraj^ed
you to expect from hence, nor is it to be wondered at if his ISIaj*^'
council here should thinke it impracticable for this Goveriunent
to bear tlie charge of a standing- Garrison within your Province,
considering how greatly we are imijovcrished, and tlie extream
dilVuulties we are put upon to carry on and support the charge of
what must necessarily be provided for and maintained in the Fron-
tiers of this Province, and for guarding of the Sea Coast. As for
your proposal for a supply of Forty men at the charge of your
Province, I shall advise with the Council thereupon at their sitting
to-morrow, and give you a particular answer thereto, which will
not be until after the posts setting forth. I have ordered a Levy
of men to randezvous the middle of this month, which I intend
to improve for his Ma"?' service in the Eastern parts, by which
your Province will have benefit, and know not but the number
proposed may be posted there. I am

Ilon'ble Sirs
Your afiectionate Friend & serv'

Wm. Stoughton.

Pres' & Council of New Hampshire.

At a Council held at New Castle the 21 May 1697.

Present.

Jno. Hinks Esq. President.

Nath. Fryer \ Henry Greene ^

Peter Coffin \ Nath Waer !

Robt. Elliott ) Wm Vaughan

Rich. Waldron

Ordered, Major Wm. Yaughan permit the clerk of the
Courts to review and take copies of what records or papers
necessary for him to the next Com^t of Sessions &, of Com-
mon Fleas.

Ordered, Mr. James Lovett be coroner of this Province.

236 PROVINCE OF NEW-HAMPSHIRE. [1G97.

Whereas an order was issued from this Board y'' last
Council day for Major Wm. Vaughan, Treasurer, to receive
from Mr. Wm. Ardell late Sheriff the balance of lii.s ac-
count— The same being demanded from said Ardell, he
refused to pay it, for that he said he liad an order to the
contrary : Upon which, Ordered, that a warrant be issued
to the Sheriffe or deputy forthwith to apprehend the said
Ardell and bring him before the President and Council to-
morrow morning at Portsmouth by eight of the clock.

Council adjourned to Portsmouth unto morrow morning
8 o'clock.

[Pi-ov. Rec. B. I. p. 198.]
Letter from Lt. Gov. Stoiighto7i.

Boston, May 12, 1697.
Gentlemen —

According" to the application made by yourselves to be assisted
with Forty men at the cliarge of the Province, for his Majesty's
service within the same ; I have with the advice and consent of
his Majesty's Council, ordered Capt. Isaac Negus, with the com-
pany under his command, consisting of Forty men with officers,
to be embarked for your Province and there to attend and observe
such orders and directions for his Majesty's service as shall be
given by yourselves, until he receive further orders from myself
or the commander-in-chief for the time being'.

I am, gentlemen

Your loving Friend

Wm. Stoughton.
President and Council of Xew Hampshire.

Portsmouth 22 May. At a Council by adjournment.

Present ut supra.
Whereas upon the desire of this Board Lt. Governor
Stoughton has sent -40 men for the service of his Majesty
in this Province ;

1G07.] RECORDS OF COUNCIL. 237

Ordered, that 20 of said men 1)C posted at the Fort at
New Castle, and that Major Wm. Vaughaii be iini)ovvered
to iini)ress soe many men out of this Province from time to
time as with the remainder of the Massachusetts men may
make good 2 men to Capt. Woodmans garrison, two to
Smyths, one to Bunkers, one to Joans, one to Edgerlys, four
to lleards garrison, two to Gerrish, one to Dams, and one
to Tippitts, and ten or twelve to tlie inhabitants of Straw-
berry Bank iny'' town of Portsmouth, who have made appli-
cation for the same in their own charge, and that the said
Major do forthwith' take care to post said soldiers accord-
ingly, taking security from the inhabitants of Portsmouth
aforesaid for the payment and subsistance of such soldiers
as shall be supplied to them, and that y° said Treasurer do
take care to supply the s'* soldiers in the frontiers with pro-
visions for their subsistance where they cannot be supi)licd
by the inhabitants.

James Lovitt took his oath of Coroner this day before
the Council.

Ordered, that Major Wm. Yaughan be paid out of the
Treasury for his disbursement for a flagg for his Majestys'
Fort, <£10 2s 4d per account.

Ordered, the Secretary do issue forth warrants forthwith
to apprehend Wm. Ardell late Sheriffe & bring him before
this Board on Thursday next.

Ordered, that an Assembly be called to sit at New Castle
for the Province of New Hampshire on Thursday the 8*"
(lay of June next at 2 of the clock in the afternoon and
that a precept be issued out to y*" Sheriffe to give notice
that the freeholders of the respective towns for the choice
of their several Representatives to sit in the assembly.

Ordered, that Capt. Isaac Negros, Capt. of those soldiers
sent by Lt. Governor Stoughton do attend the orders of
Major Wm. Yaughan during his abode in this Province ;
further that if the said Capt. Negros desire lil)erly to go
home, the said Major shall permit him so to do, and I»y him

238 PROVINCE OF NEW-HAMPSHIRE. [1697.

write to Lt Governor Stoughton that the men we desired
being posted in Garrisons having no need of a Capt. it will
be grateful to us if said Capt. be dismissed. It is left to
the Major's discretion to supply the said Capt. with 40 or
50 shillings in money if he desire it.

Ordered, that Treasurer Vaughan do pay to 3 or 4 of y®
most necessitous men that work at y® Fort, 20 or 30 sliill.
apiece as the President shall appoint.

■ Ordered, that Thomas Ramsdell, one of the soldiers sent
hither from Boston, have liberty to return home if he de-
sires it, by reason of his sickness and infirmity.

Sect. Penny was this day sworn Notary Public.

The Council adjourned to Thursday next at Portsmouth.

Henry Penny, Sect.

Portsmouth. At a Council by adjournment to this

27 of May 1697.

Present.

John Hinks Esq. President.

Nath. Fryer ) Nath Waer )

Peter Coffin \ Rich. Waldron [

Pobt Elliott )

Mr.Wm. Ardell appearing before this Board liy virtue of a
Warrant sent him, to answer his contempt in refusing to pay
the Balance of his account to the Treasurer, and for saying
he had an order to the contrary ; and being demanded him
by tliis Board who gave him the contrary order he answered
Mr. Usher ; but upon his humble petition, acknowledging
his contempt and promising reformation, the Council or-
dered his dismission, paying charges 15 shillings, and the
Bal. of his account 91b, 12, till when, he stands committed
to the custody of the sheriff by warrant.

Ordered, that the following letter be sent to Lt. Governor
Stoughton to answer his of the 12 current.

Portsm" 27 May 1697.

1G07.] RECORDS OF COUNCIL. 239

Honorable Sir.

"We arc favored with yours 12 currant together with the
40 men according to our desii'e for his j\[ajestics service in
this Province ; most of which men are posted at the King's
Fort and Frontiers, ity which means the Ca[)t. who seems
to be an active and diligent man, is rendered incapal)le of
the service which he is qualified for, and his own inclina-
tion leads him to, and therefore seems desirous of a dis-
mission which we leave to your Honors' good pleasure.
We have now put the Kings' Fort on Great Island into the
best posture of defence we are able, & shall endeavor by our
care & watchfulness to prevent any surprise, by the enemys'
landing upon us at unawares, & hope if the enemy should
make an attack upon us, your Honor will forthwith give
such farther assistance as may be necessary for his Maj'ties
service and our preservation. We remain &c.

Ordered, that the soldiers now at the Fort, be emj^loyed
as the President shall direct, about making a convenient
breastwork at Jno. de'greeks* point at the Great Island, to
prevent the landing of the Enemy passing Little Harbor,
and that the soldiers be allowed 12d per diem each man,
besides the Kings' pay.

At a Council held at New Castle this 8*" June, 1G97.

Present.

Jno. Hinks Esq. President.

Nath. Fryer ) Hen. Greene )

Robt. Elliott \ Wm. Yauohmi [

Nath. Waer ) Richd. Waldron )

Ordered, that the Treasurer pay to Nath. Batchclor thirty
shillings for his service done for the Province. Adjourned
tomorrow morning 10 of the clock.

* John Auiazeen— eaUcd the " Greek."

2-10 PROVINCE OF NEW-HAMPSHIRE. [1G97-

At a Council held by adjournment to the
9"' of June.

Present.
John Hinks Esq. President.

Nath Fryer ) Wm. Vaus^han ) -p,

Robt. Elliott [ Esqs. Rich. Waldron \ ^^*1^'

Henry Greene )

Ordered, Major Wm. Yaughan, Treasurer pay to Mr.
Wm. Redford twelve pounds, the balance of his acct. and
Salary as Dept. Sect.

Ordered, Major Wm. Vaughan Treasurer, pay the sum of
eleven pounds, seventeen sliills. due for wages to those
sundry soldiers for their work on his Maj'tys Fort Wm. &
Mary, at one shilling per diem each man as by list on file ;
and the same is by the Council allowed of; and that Major
Wm. Yaughan Treasurer pay unto Mr. Theodo. Atkinson
the said sum of 11:17, & he to pay the same to each man as
pr. y^ account.

Ordered, Maj. Wm. Yaughan Treasurer pay to Capt Jno.
Pickering 9 lbs 17:11, being so much disbursed on the ac-
count of the Province, with Maj. Yaughan, as per account
on file.

Allowed Mr. Dunking Camball 12X for one years encour-
agement of the post office for the year last past, as per Act
of Assembly, & that the Treasurer have order to pay it.

Allowed Jno. Hollicoms bill <£3 6s 6d

Allowed Jno. Seward for one soldier 0 6 0

Allowed Mark Ayer for a soldier 0 6 0

Allowed Joseph Sadler for 8 weeks

and two days pay 2 9 6

Adjourned tomorrow 10 a clock.

1G97.] RECORDS OF COUNCIL. 241

At a Council held at New castle per
adjourmiieut to this present Thurs-
daV, 10'" June 1G97.
Present.
Jiio. Hinks Esq. President.
Xath. Frver ) Henry Greene ")

Peter Coffin [ Nath. Waer I

Rob. Elliott ) WmYantilian ^

Rich. AValdronJ

Ordered, Mr Phesant Eastwick, collector of the Impost,
be accountable to Wm. Vaughan Esq. Treasurer for the
same. Adjourned to the 23'' instant 2 of the clock after-
noon.

At a Council by adjournment to this 23'^ June.
Present.
Jno. Hinks Esq. President.

Nath. Frver ) Wm. Vaughan ) -p,

Robt. Elliott i Rich. Waldron j ^^^^•

Adjourned to morrow 10 of the clock.

P. XXV. (1)

At a Council adjourned to the 24*" June '97.

Present.

Jno. Hinks Esq. President.

Nath. Fryer J Nath. Waer )

Peter Coffin [ Esqs. Wm. Vauuhan J Esqs.

Robt. Elliott ) Rich. Waldron )

The committee appointed to give in a catalogue of Books
and papers in IMajor Vaughan's hands, which were taken
from the late Dept. Secrit. were accordingly given in this
day to the council.

The Council adjourned to morrow morning 10 a clock.

(1) The inimcral letters wliicli follow denote Uie page of the original MS. records as
far as page Lxxi.— En.

242 PROVINCE OF NEW-HAMPSHIRE. [1G97.

At a Council held by adjournment to the
25"' June 1697.
Present.
John Hinks Esq. President.

Nath. Fryer J Nath. Waer 1

Peter Coffin > Esqs. Wm. Vaughan y Esqs.

Robt. Elliott ) Rich. Waldron )

Ordered, the Secretary give notice and Capt. Dow and
Mr. Daniel Tilton of Hampton that they attend the Council
Wednesday 31 inst. Adjourned to morrow ten of the
clock, in the morning.

At a Council held by adjournment to this
26 June '97.

Present ut Supra.
Upon perusal of the Catalogue of Books and papers given
in to the Council by a committee appointed by this Board,

Ordered, that the book of Probate of Wills and Adminis-
trations be delivered to Nath. Fryer Esq. he being the per-
son appointed ordinary. Adjourned to Wednesday at New
Castle the 30 of this instant June, at 2 of the clock in the
afternoon.

At a Council held by adjournment to
this 30 June 1697.
Present.
Jno. Hinks Esq. President.

Nath. Fryer ) Henry Greene "^

Peter Coffin [ Nath. Waer I ^

Rob. Elliott ) Wm. Vaughan f ^^^^•

Rich. Waldron J

Capt. Dow and Mr. Tilton attended this Board according
to their order.

1G07.] RECX)RDS OF COUNCIL. 243

Allowed Dan'lTiltoii'sacct. for soldiers as on file, 9:14:8.
Adiourncd to morrow moniiii<? 10 a clock.

P. XXVI.

At a Council by adjournment primo die
July, 1607.
Present ut Supra.
Ordered, Treasurer Major Wni Vaughan pay Mr Geo.
Jaffrcy the balance of his acct. due to him being 8^2 14s 7d.
Adjourned tomorrow morning ten a clock.

At a Council by adjournment
Friday 2^' July 1697.
Present ut supra.

Ordered, that what Books & papers are in Major Vaughan's
custody concerning this province since the time of Lt. Gov-
ernor Usher's coming into this Province be delivered as
followeth :

Those relating to Probate of Wills, and letters of admin-
istration to Nath. Fryer Esq. who is appointed ordinary,
those books and papers relating to the secretarys office, and
what books and papers relating to the Clerk of the Writs,
and Clerk of the Sessions, and clerk of the Superior and
Inferior Courts, be delivered Henry Penny, the officio ap-
pointed for those places.

Ordered, the Treasurer pay the widow Pcrmitt 35 lbs.
according to order of Council for dieting of soldiers as per
note, July 23, 1696. Adjourned tomorrow ten a clock
mornina;. ^

244 PROVINCE OF NEW-HAMPSHIRE, [1C97.

At a Council held at New Castle per adjourn-
ment 3 July, 1697.
Present.
Jno. Hinks Esq. President.

Nath. Fryer \ Nath. Waer J

Rob. Elliott V Wm. Vanghan V

Peter Coffin ) Rich. Waldron )

Sundry claims and accts. adjusted by the Council as on
file. A letter being read from Lt. Governor Stoughton con-
taining the laying of an embargo, — Ordered, the following
answer to be given, and an Imbargo to be forthwith lain.

P. xxvn.

New Castle July 3"^ 1697.
Honorable Sir.

We have only to let your Honor know that yours of the
23 June has been considered and that we could easily
evince there has not been that just occasion for those Com-
plaints your Honor liath been pleased to intimate ; however
that we may in nothing disoblige yo'' Honor we have caused
a strict Imbargo to be laid for the future and shall take
effectual care it may observed.

At a Council held at New Castle 3-' July 1697.
Whereas we are in daily expectation of an attack from
the French and Indian enemy both by sea and land, & find-
ing it necessary to prevent tlie exj)ortation of provision and
to keep our Seamen at home, soe necessary at such a time :
The President and Council have thought meet to lay an
embargo on all ships and other vessels bound to foreign
parts, and all naval and other officers concerned are to take
notice hereof, soe as henceforward to give no clearing nor
grant any permit to the master of any ship or vessel as

1GI)7.] RECORDS OP COUNCIL. 245

aiorcsaid ; and this Imbarg'o to ho strictly kept till rurthcr
order, on all vessels, except only such as have been some
time loaden, & have formerly had their clearing and permit
to sail.

"Whereas Hen. Sallaway of Maiden, l)cing some time de-
tained here upon suspicion of his designing with the French,
cfe of his going to them : Upon his address and desire now
to the Council that he may permitted to goe to Boston to
procure some testimonial for his ac(|uittance & clearing, the
Council admits him soe to do ; the said Henry Callaway
entering into recognizance to his Maj'ty in 50£ for his good
behavior, which was done accordingly.

Ordered, those of Massachusetts soldiers now posted at
Strawberry Bank, be posted at the Frontiers and our own
men that are at the Frontiers be drawn home, & that Maj"^
Vaughan order it accordingly.

An account of Debts and claims due from the Province
and allowed by the Council as by the sundry accts on file,

vizt.

£ s d

To Laborers at tlie Fort as particulars on tile 64 4

To subsistance of s"! laborers as per particulars on tile 38 5

To charge of horses and (Jundelows to bring turf to

the fort, as per particulars on tile 16 4

P. XXVIII.

To sundries at Portsmouth for subsistance of soldiers
from Boston, before the Council ordered their dispose
as per acct on tile 4 7 8

To James Raudle for 6 days work at clamping the car-
riage wheels, finding himself diet

To Benja. Geary, 6 days work at 3:6: P. diem

To Jno. Marden, 3 days at 3:6 per diem

To Joseph AVeeks, being sent to Exeter and Hampton
on the public service himself and horse

To Xath. Airs, 4 hoes at 4s each, and 3 ^pades at 6s

To Oba. Moss, 2 hoes & 2 spades

£138 17 4

To sundry debentures as per Capt Tuttell on tile viz:

To Sam. llaynes 4 weeks 5 days as a soldier, as p' on file £01 08 2

01 04

01 01

10 6

01 14

0101

01 08

08 04

01 04

01 10

02 02

02 05

o;]

01 04 10

01 05

01 04

246 PROVINCE OF NEW-HAMPSHIRE. [1697.

To Wm Ilayiies, ditto,

To Eicli Tru 27 Aveeks 2 days as P. debenture on file

To Benja. Thomas ditto 4 weeks

To Moses Levett 5 weeks as per debentures on file

To Ichabod Roby, 7 weeks ditto

To John Markfield 7 weeks 4 days ditto

To Jos Taylor, 2 Aveeks 2 days ditto

To Moses Elkins, 4 weeks 4 days ditto

To Jonath" Elkins, 4 weeks 2 days ditto

To James Johnson 4 weeks ditto

£22 10 2
An account of soldiers served his Majesty in Garrison

as pr Capt Tuttles acct. on file : —
To Jno. Reed, a soldier from the 26 April 1697 to the 21

of June following, being 8 weeks 02 08

To Saml. Snell, ditto 02 8

To Jos. Marston, ditto 02 08

To Rowland Jinkins, from the IS'^ of June to the 21 00 05 2

To John Nay from the 14 of Feb. '96 to the 21 of June

•97, being 18 weeks 05 08

To James Noraway, from the 13 November 1696, to the

£1 June 1697, being 31 weeks 3 days 09 08 6

To Nich. AValdron 1 week, 21 June 00 06

To Wm. Pomrey 4 weeks 3 days 01 06 7

£23 18 3
Due to sundry Inhabitants at Dover for y* subsistancc

of soldiei's from the 13, 9br. 1696, to the 21 of June as

per Capt Tuttles' acct on file : —
To those of Heards garrison 09 16 5

P. XXIX.

To Capt Gerrish. his garrison

To Mr. Pikes garrison

To Samuel Tippits garrison

To Mr. Dams garrison

To Capt. Tuttles garrison

To two men post pr ditto at Oyster River

The foregoing acct. of claims amounting to
Examined pr a committee as on file and allowed.

Sundry of other accounts & claims brought in and
allowed by the Council, viz.

An account of Jno Ilinks Esq. as on file 23 11 4

ditto Robt. Elliott Esq. 01 19 10

" Doctor Packer 10

11 19

03 12

03 16

6 16

01 09

37 14

213 00 00

1C)07.] RECORDS OF COUNCIL. 247

" Francis Tucker tor Kich Stilcman OG 10

" John But tson 07 07

" Jno. Walker 01 08

" AVill Furbur 01 00

" Tlio. Footman 07 04

" To the Fort acct. to the 10'" of May 1G97, 8G 8

" John Biekford ferryman 00 U 8

14G 3 4

At a Council held at New Castle
Monday 19'" July 1697.
Present.
John Hinks Esq. President.

Nath. Fryer ) Wm. Vaughan ) ^

Peter Coffin [ Esqs. Rich. Waldron \ '^'^*1^'

Rob. Elliott )

Ordered Major Ya\ighan send forthwith six soldiers from
Strawberry Bank to Exeter to be there posted to attend y*"
motion of Major March, his scouts between Exeter & Haver-
hill, & to join with them in that service ; and the remain-
der of the soldiers at Strawberry Bank to be sent to the
frontiers to relieve soe many of our own inhabitants, & that
Capt. Negros be advised to accompany his men at Exeter ;
further, that the Major do order Capt. Tuttle of Dover,
Capt. Woodman of Oyster River & Capt Hull of Exeter to
supply Major March's scouts with pilots from place to place,
as they may have occasion in their march upon the heads
of our Towns.

Ordered, that a blank commission be drawn by the Scct^'
for a Field Marshal.

P. XXX.

Hen. Sallaway attended this Board & brought a certifi-
cate concerning him, which was not approved of by the
Council, Sc so was ordered to return and procure one more
authentic from the Government of Boston and to remain
still on bis recognizance.

248 PROVINCE OP NEW-HAMPSHIRE. [1G97.

[Prov. Rec. B. I. p. 211.]
Letter from Lt. Gov. Stoughton.

Boston, July 22^ 1697.
Genf"

I have tlioiight it necessary to communicate unto you the pres-
ent intelligence and reports stirring here.

This week arrived at Salem, a lishing Katch that had been taken
about Cape Sables by a French ship of war, of fifty four guns or
upwards : The commander whereof gave tlie said Katch to some
English prisoners he had then on board, to transport them hither,
and the prisoners say that the commander of said ship declared
his intentions to come further upon this coast. There is also a
Barque from Canada with about sixty or seventy men that has
taken several of our fishing vessels ; the company belonging to
some of them are come home, who say that the French on board
said Barque, and one Dantrimony a liver on shore about Cape
Sables, reported that there was a squadron of French ships of war
designed for these parts, and that Casteen was gathei'ing together
a body of French and Indians to attack us by land : Also, That
a Parquet boat fi-om France arrived at St. John's the beginning of
April last. It may be so far necessary to credit this report, as to
excite all care and vigilance in looking out and doing Avhat may
be further necessary in preparations to repel them in case they
come.

I apprehend it very advisable that you order two well sailing
shallops or sloops well fitted for rowing to lie abroad for espyal,
and to give speedy notice of the approach of any ships ; which, I
hope you will accordingly put in practice.
Gen'"'

Your affectionate Friend and servant
I have refresht my ad\'ice to AVm. Stoughton

Capt. Hancock to remain in your
River with his Maj^ ship under
his command, until he receive further
Orders, and if you find it needful,
youi'selves to inforce the said advice.
President and Council of New Hampshire.

1697.] RECORDS OF COUNCIL. 249

At a Council held at New Castle, monday
26 JulylGKT.

Present.
John Uinks Esq. President.

Xath. Fryer ) Hen. Greene "^

Peter Coffin } Nath. Waer [ ,.

Rob. Elliott) Wra. Vaughan ^^'-^^qs.

Pich. Waldrou J

Upon reading a letter from Lt. Covernor Stoughton ad-
vising of the danger of the enemy's attack upon us both
l)y sea and land :

Ordered, that Robt. Elliott Esq. do forthwith take up a
convenient shallop for his Maj'tys service, and get y*" same
fitted to accommodate 8 or ten men with provisions, to
cruise to the eastward of the Isle of Shoals, for discovery
of any approach of the enemy by sea ; & y'' charge to be
paid out of the public Treasury ; or if that fail, by y*" respect-
ive members of the Council in equal proportion. And that
Jno. llinks President, do take care to supply men for this
service from the Fort & elsewhere, & give order for a meet
})erson to conduct this affair.

Whereas Eliza Smart presented her petition desiring a
divorce from her husband, he being married to another
woman at New York as by testimony from his own hand to
Jno. Hinks, Esq. President, as also the testimony of Rob.
Almary ; If therefore the said Rob. Almary do swear be-
fore the Justice of the Peace to the truth thereof, then the
President do issue forthwith a Bill of divorce accordingly.

r. XXXI.

At a Council held at New Castle, Saturday
21 August, 1G97.
Present.
John Hinks Esq. President.
Nath. Fryer ) ^ Wm. Tauo-han ) ,,

Robt. Elliott \ ^^^^- Rich. Waidron j ^'^^^^^•

Upon application made by Major Jno. Alarch, Command-

250 PROVINCE OF NEW-HAMPSHIRE. [1697.

er-in-Cliicf of his Maj'ties forces now bound eastward, for
the assistance of a Pilot or two and some other necessaries
for that expedition,

Ordered, that he be supplied as far as we are able, & that
an order be sent to the Secretary from this Board to Jno.
Abbott forthwith to appear before y"^ President, John Hinks
Esq to take further orders for attending his Maj'ties service
in the expedition above said, & that Capt. John Pickering
or some other officer be ordered to impress an able man to
supply the place of Jno. Abbott, in his fishing boat during
his absence.

At a Council held at Xew Castle Wednesday
1^' 7 bris, 1G97.

Present.
John Hinks Esq. President.

Nath. Fryer J

Peter Coffin > Wm. Yaughan )

Robt. Elliott ) Rich. Waldron j

Whereas John Wintworth commander of y® Ship Ports-
mouth, together with the owners of s*^ Ship addrest this
Board that he might have license & Commission for attack-
ing, subduing, surprising and destroying of his Maj'tys
enemies ; — By virtue of his Maj'tys Commission to the
President and Council, ordered a Commission be accord-
ingly drawn and given to s'' Wintworth, for Capt. of said
Ship — Copy of the Commission is in file.

Ordered, Lieut. Governor Stoughton be written unto to
signify we are now hopeful y'' greatest danger of a sea Inva-
sion is now over, and that we are not capable of sustaining
soldiers any longer than utmost necessity requires ; we are
therefore now hopeful in a little time to get money to pay
them off, & desire his order for y*^ drawing off the soldiers
accordingly.

If^''^".] RECORDS OF COUNCIL. 251

P. xxxir.

New Castle, Primo 7 bris,JL697.
Honorable Sir.

Being now hopeful that y*" danger of an invasion from the
enemy by sea is over for this year, & finding y*^ poverty of
our People soe extreme that we are not able to sustain the
charge of soldiers any longer than utmost necessity re-
quires ; These are therefore to let your Honor know that
the money given by our Assembly for payment of your sol-
diers is now collecting ; & we hope in ten days or there-
abouts sufficient will be brouglit in to discharge tbom ; so
tiiat we pray your Honor's order seasonably for the drawing
them off, and a signification of your pleasure whether an
ace' of their service here should be adjusted with the Cap-
tain, & the money paid him, or how your Honor shall other-
wise order. We are, Honorable Sir,

Your Honors' most humble servant.
By order of President and Council.

Hen. Penny, Secrit.

Whereas sundry persons have deserted His Maj'tys ser-
vice from on board his Majesties Ship Fauckland, Capt.
Robt. Hancock, Command"", who it is supposed have been
harbored and concealed by some ill-minded persons, the in-
habitants of this Province :

Ordered y' a Proclamation be sent from this Board to be
published in the several towns of this Province by the Com-
mand'' of the militia, their forbidding all persons to harbor
or conceal any deserters as aforesaid, requiring all persons
to endeavor the discovery of any such, & where any person
appears to be suspected to give notice thereof to the next
Justice of the Peace, who are hereby required to examine
all such persons, & such as they find to be deserters as
above forthwith to return them to this command.

252 PROVINCE OF NEW-HAMPSHIRE. • [1697.

Province of New Hampshire.

* By the President and Council,

A Proclamation.

P. XXXIII.

Whereas sundry persons have deserted his Maj'tj^s service from
on board his Maj'tys Ship Fanklaiid Capt. Robert Hancock com-
mand'', who have donbtless been liarbored and concealed and for-
warded in their escape by some illminded persons inhabitants of
this Province : — Tliese are therefore to require & command all per-
sons in the several towns within this Province to use their utmost
endeavors for the discovery of any deserters as aforesaid ; & when
any appears to be suspected to carry him or them before the next
Justice of the Peace to be examined, and if found to be such, the
said Justice of the Peace is hereby required forthwith to send him
or them with a sufficient guard to their command'' Capt. Eob. Han-
cock at New Castle, & whosoever shall harbor, conceal or further
the escape of any such deserters shall be proceeded against with
the utmost severity of the law : dated in New Castle this 1^' 7 bris,
1697, in the ninth year of his Maj'tys reign.
By order President and Council.

Hen. Penny, Secrit.

Ordered, that the Field Marshal with aprobation of the
Major of the regiment have liberty to make a Deputy.

Ordered, that notice be given from this Board to advise
the selectmen of Exeter to notify to the constables of the
town not to collect the first payment of the rates of those
who have lately subsisted any of the Mathathusetts soldiers.

Allowed Jno. Lows for baking the soldiers bread one
pound a P — not on file.

Ordered, that eight men be continued in his Maj'tys Fort
at New Castle until the last of 8ber next and what now are
wanting to make up that number to be detaclied from
Hampton & Portsmouth, & the Treasurer to supply a barrel
of pork and some corn for their subsistence if be in the
Treasury.

Ordered, that notice be given to the inhabitants of the
several towns in this Province who have any claims to

1G97.] RECORDS OF COUNCIL. 253

bring in for any disbursement since the 21*' of June last
that they bring in the same at New Castle to y^ Council on
Monday next, being the fourth of 8ber, at 2 of the clock
in the afternoon ; and that the Captains of tlie several towns
proclaim this accordingly.

Ordered, tliat the Captains of Portsmouth & Hampton
send two able men each at New Castle to serve in his Maj'-
tys Fort with sufficient arms.

Adjourned to ]\Ionday next at New Castle the 4"' 8ber
1697, at two in the afternoon.

[Prov. Rcc. B. I. p. 224.]

The account of Oyster River's people for their subsist-
ence of soldiers from May, the twenty fourth, 1(397, unto
this instant, is as followeth :

Joseph Smith for 2 soldiers, 18 weeks, 07:04:00

Jemcs Buncker for 1 soldier 18 weeks 03:12:00

Ensign Jones for 1 soldier 18 weeks 03:12:00

Mr. Thomas Edgerly 1 soldier 18 weeks 03:12:00

John Woodman 2 soldiers 18 weeks 07:04:00

25:04:00
John Woodman, Ca})tain.
October 4: 1G97.

The names of the soldiers, are,

John Gray
William Henenen[?]
Thomas Degens
Henry Nayl
Edwerd IMay
Jems Furbcr
Jems Meeker

254 PROVINCE OF NEW-HAMPSHIRE. [1697.

P. XXXIV.

At a Council held by adjournment at
New Castle, monday 4 8ber 1697.
Present.
Jno Hinks Esq. President.

Peter Coffin \ ^ Wm. Yaughan ) ^

Rob. Elliott \ ^^^^- Rich. Waldron \ ^^^^•

After the receipt of several claims brought in to the
Council, adjourned to morrow 12 of the clock as on file.

At a Council by adjournment to this
present Wednesday, 6 8ber 1697.
Present.
John Hinks Esq. President.
Peter Coffin ) Wm. Vaushan

Rob. Elliott \ Esqs. Rich. Waldron ( -^^^l^-

Nath. Waer )

Ordered, that what provisions are in y*^ custody of Treas«
urer Vaughan maybe delivered to Jno. Hinks Esq. or order
for the use of the soldiers at the Fort.

Rich. Waldron Esq. making it appear to this Board that
twelve hhd. of Rum imported into this Province by the
Rich'' and Mary, Samuel Alcock master from Barbadoes,
were again exported out of this Province within the time
limited by law, whereby the draw back of 2-3ds custom be-
comes payable to him the said Waldron, ordered, the Sec-
retary is to signify to the Collector from this Board and
order him to make payment thereof accordingly.

1697,] RECORDS OF COUNCIL. 255

At a Council held at New Castle
Thursday 14'" 8ber 1GU7.
Present.
Jno. Hinks Esq. President.

Nath. Fryer ]

Peter Coffin > Esqs. "\Vm. Yaughan ) ^

Rob. Elliott ) Rich. Waldron j ^'^'^^'

Upon reading a letter from Capt. Rob. Hancock com-
mander of his Majesty's Ship Faukland, wherein he makes
application for eighteen men to make up the established
number y® King allows the Ship :

P. XXXV.

Ordered, that notice be given by the Secretary from this
Board to Capt. Rob. Hancock, y* the Council are very solic-
itous to do Avhatsoever lies in their power for the promot-
ing his Maj'tys interest and service ; but considering the
present circumstances of this Province, being by sea & land
wholly frontier to the enemy, and all our men 'listed in his
Maj'tys Fort & Garrisons, being many too few for our own
defence : "We having been necessitated to pray the assis-
tance of forty men from the Lt. Governor of the Massa-
chusetts Province, which are now drawn off again, and left
us very weak ; the small concern of shipping belonging to
this Province being now most abroad ; We being also be-
holden to our neighbor government for men to man those
few vessels are sent abroad from this Province, — all which
considered, we are in no present capacity of affording the
supply desired. The a])ove order notified to Capt Hancock
accordingly.

At a Council held at New Castle
Monday 25"> 8ber. 1697.
Present.
John Hinks Esq. President.
Nath. Fryer \

Peter Coffin \ Esqs. Wm. Yaughan ) p

Rob. Elliott \ Rich. Waldron \ ^''^^^'

256 PROVINCE OF NEW-HAMPSHIRE. [1697.

Those sundry acc"^ as on the other side and not before
entered, were allowed and passed.

To money disbursements for subsistance of laborers £ s d

and soldiers at the Fort £120 and interest 6 months 4 16 8

124 16 8

101 15

10 16 10

12 2

12 1

6 6

4 12

20 12

25 04

To half years pay and subsistance from the 10**^ of
May to the 10"' of 9ber as P. particulars on file 77 15 0

To old arrears due to the Fort in Walton's time, P.

estimate 24

To the Shcrif Rich Jose, fitting the prison

To the Secretary Henry Penney P. account

To Jno. Hinks Esq. P. acct.

To Capt Kinsley Hall for subsistance of the Massa-
chusetts soldiers P. acct.

To Kob. Elliott Esq. P. acct.

To Capt Tuttles acct. for subsistance of soldier as P.
account

To Capt Woodmans for subsistance of soldiers

To Major Vaughan for subsistance of Capt Negros

men' 1 17 9

XXXVI.

To Hannah Pcrmitt for subsistance of soldiers belong-
ing to Capt Whyting

To Eliza West ditto

To Jno. Amazen passing of horses

To Lucy Stileman, sub^** of soldiers

To Elish. Bryard attending the Council

To Jos. Read, smyth to the Fort

To Jno. Holicom, acct. subsistance

To Jno. Xay a soldier one montli and a day P. Capt
Tuttles certificate 14 8

To Joseph Maston a soldier, 4 -sreeks and a day P.
Capt Tuttles certificate and assigned over to Capt
Tuttles and Theod. Tippits 14 8

To so much brought over £329 Os 8d, 102 9 0

To Theod. Atkinson P. acct. 19 2

To Jno Lewis bread for soldiers 10 0

To widow Grafton entertaining a sick soldier 16 0

1 16

1 10

13 10

1G07.] RECORDS OP COUNCIL. 257

To 4 soldiers dismissed of Capt Negros' company go-
iiiy liome 14 0

o •) 2

To Pundry allowances made of acct's Avhich were
before entered and approved of— amounts G79 18 4

1014 8 2

The above accts. amounting to one thousand four-
teen pounds eight shill. and two pence are all allowed
bj' the Council, and the Secretary is to give order to
the Treasurer for the payment of the same, forthwith,
excepting oidy 262 2 5

as P. particulars hereunto annexed, who must stay
for their pay until the next rate be collected.

Henry Penny Secretary.

To Rich Joce

To laborers at the Fort

To horses and Gundelos

To soldiers subsistance at Portsm"

XXXVII.

To Doct. Packer

To Batsons

To AYalker

To Wm. Furber

To Footman

To Bickford the Ferryman

carried to next leaf )

brought from the other side ^

To Daniel Tilton

To the half years pay and subsistance to the Fort to

the tenth of November next
To Capt. Hall's acct. for subsistance of soldiers
To Capt. Tuttle's at Dover ditto
To Capt. Woodman ditto Ovster river

10 0

64 4

16 4

4 7

7 7

1 8

1 0

7 4

27 14

122 10

9 14

77 15

G 6

20 12

25 4

262 2 5

To sundry orders given the Treasurer to pay

the several sums following viz.
To Mr. Geo. Jaffery 8 14 7

To Mrs. Permitt. 1 15 0

258 PROVINCE OF NEW-HAMPSHIRE. [1697.

To tlie soldiers labor at the new platform,

paid to Mr Atkinson 11 17 0

To the Massachusetts soldiers and disburse-
ments

To an order for the disbursement and
Portsmouth P. acct.

To an order for Mrs. Permitt

To Jno. Hinks Esq.

To an order for sundries at New Castle

To an order for sundries at Hampton

To an order for sundries at Dover

To an order for the soldiers at the Fort to be
paid Jno. Hinks Esq. 110 8

To an order for paying 124:16:8 for subsist-
ance and labor for the soldiers at the Fort
to be paid Rob. Elliott Esq. 124 16 8

To 4 soldiers of the Massachusetts when dis-
missed to pay their charge home 1 14 0

272 14 0

295 7 7

56 17 10

40 1 0

35 13 1

26 0 10

23 4 10

38 18 11

The whole 1014 8 2

Association in New Hampshire, to stand by the Protestant suc-
cession— 1697.
[Copied from Earm. & Moore's Hist. Coll., Vol. I. p. 126.]
"Whereas there has been a horrid and detestable conspiracy
formed and carried on by the Papists and other wicked and trait-
orous persons, for assassinating his Majesty's royal person, iu
order to encourage an invasion from France on England, to sub-
vert our religion, laws and liberty — Wee, whose names are here-
u.nto subscribed, do heartily, sincerely and solemnly profess,
testify and declare that his present Majesty King William is right-
full and lawful King of the Realms of England, Scotland and Ire-
land ; and that neither the late King James nor the pretended
Prince of Wales, nor any other person hath any right whatsoever
to the same. And we do mutually promise and engage to stand
by and assist each other to the utmost of our power in the sup-
port and defence of lais Majesty's most saci'ed person and govern-
ment, against the late King James and all his adherents. And in
case his Majesty come to any violent or untimely death (which
God forbid !) we do hereby further freely and unanimously oblige

16^"-] RECORDS OF COUNCIL. , 259

ouvsolvcs to unite, associate and stand by each other in revenging
the same upon his enemies and their adlierents, and in 8ui)i)t)rting
and dcl'ending the succession of tlic Crown, according to an Act
made in the lirst year of tlie reign of King William and (^uccu
INtary. ontituled "An Act declaring the rights and liberties of tlie
subject, and settling the succession of tlie Crown."

Signed 14"' 10 mo. 1697.
John Plaisted William Vanghan

Samuel Leavitt Bichard Waldron

John Itedrnan John Usher, Lt. Gov.

Darid Larans^l) Nath. I&i/er

John Jlall Peter CoJ^n

Thomas Chesley Itohert Elliott

liichard Jones Shadrack Walton

Theodore Atkinson Samuel Dow

John Titcke John Hatch

William Fatridge, Lt. Governor.

Commission of William Partridge, Esq., Lieut. Governor of the
Province of New Hampshire.
William the Third by the grace of (iod, King of England,
Scotland, France & Ireland, defender of the Faytli &c. to our
trusty and well beloved William Paktuidge, Esq. Greeting.
Wkk Iveposing especiall Trust & Confidence in your Prudence,
Courage & Loyalty, have thought titt to nominate and appoint,
and we do by these presents nominate and appoint you the said
William Partridge to be our Lieut. Governor of our Province of
New Hampshire in America: To have, hold, exercise & enjoy the
said office and place of our Lieut. Governor of our said Pro-
vince of New Hampshire, with all the Eights, Privilidges
proffits & advantages to the same belonging and appertaining, for
and during our pleasure, to be at any time signified under ouv
Royall Signett & Signe manuall, which said signature shall to all
intents & purposes, revoke and make null this our Conunission.
And in case of the death or absence of our ( iovernor in cheife of
our said Province of New Hampshire for the time being, Wee
doe hereby authorize and require you or such other our Lieut.
Governor as we shall at any time hereafter appoint under our
royall Signett & Signe mannuell to execute and performe all and
singular the powers and directions contained in our conunission,

(1) David Larans— Lawrence?

260 PROVINCE OF NEW-HAMPSHIRE. [1697.

granted or to be granted unto our said Chiefe Governor or now in
force or sucli instructions as he hath or shall at any time receive
from us, and you are to follow such orders and directions as you
shall receave from our S'* Governor in Chief of our said Province
of New Hampshire for the time being. And we doe heerby com-
mand all and singular of our officers ministers & Lonving sub-
jects of our 8*1 Collony and dominion and all others whom it may
concern to take due notice thereof. And whereas by our commis-
sion under our great Scale, Bearing date the first day of Mai-ch in
the fowerth yeare of our Reigne, Wee have constituted and
appointed our trusty and well beloved Sam^' Allen Esq to be our
Governor, & Jn" Usher Esq to be our Lieut Governor of our said
Province of New Hampshire, Wee doe by these presents, revoake
soo much of our said Commission whereby the s"^ Ju'^ Usher Esq.
is constituted and appointed to be our Lieut. Governor of our Said
Province of New Hampshire, and all the Powers and Authoritys
thereby granted to liim, declaring the same to be for the future
voyde, of none efect soe farr as it relates to the said Jn° Usher:
In Wittness whereof wee haA'c caused these our Letters to be
made patients. Wittness Thomas Arch-Bishop of Canterbury,
and the rest of the Guardians and Justices of the Realme att
Westminster, the twenty sixth day of June in the eight year of
our Reigne.

CHUTE
Loco Sisrilli.

Province of New Hampshire.

At a Council held this clay at Portsmouth
XXXVIII. being the 14"' lOber 1697.

Present.

Lt. Governor Partridge Esq.

Jno. Hinks Esq. President.

Peter Coffin | ^ Nath. Waer )

Rob. Elliott i "^^'i^- Wm. Vaughan [ Esqs.

Rich. Waldron )

This day was published both at Portsm" & New Castle
the Kings Commission under the Great Scale of England

1C07.] RECORDS OP COUNCIL. 201

bearing date the 20 of June in the 8 year of liis Maj'-
tys Reign, whereby the Honorable AVni. Partridge Esq.
nominated, appointed and impowered Lt. Governor of this
Province ; and the said Partridge having taken the oaths
according to law and subscribed the test and association
took upon him the exercise of Government accortling to
said Commission.

Ordered, that notice be given ^Ir. Jno. Cotton minister of
Hampton that ho observe tt keep the Thanksgiving day
appointed by President & Council on Thursday next.

Reverend Sir —

The Council are informed Mr. Usher hath forbidden the obser-
vation of the Thanksgiving day which occasioned the order here-
witli sent. Lt. Governor Partridge hath been pleased to publish
his Commission and take upon him the Government accordingly,
which will leave Mr. Usher no room for future pretences to give
us any further disturbance. We are well satislicd with your good
and pious conversation and doubt not of your ready comi)li;uice
with & submission to the present authority, until his Majesty see
cause to alter it. Assuring you we are your very loving Friend.

Ordered, that the selectmen of Hampton do notify to the
inhal)itants thereof, that the Tlumksgiving day appointed
by the President and Council on Thursday next, bo duly
observed as has been usual in such cases. By order Lt.
Governor and Council.

n. Penny, Secrit.

At a Council held at New Castle 14"'
xber 1697.
Present as before.
Ordered, a summons be sent to Wm. Ardell to make his
personal appearance before this Board ; he appearing ac-
cordingly & was charged for breaking open the Kings
[xxxix.] Stores at New Castle, and being demaiulcd by
what power he did it, he produced an order as in under is a

262 PROVINCE OP NEW-IIAMPSniRE. [1G97.

copy. Said Ardell was committed to the custody of Lt.
Jiio. Snell to deliver up said Ardell to the sheril" or deputy
aud to have him ])efore the Lt. Goveruor & Council
tomorrow morning 10 of the clock.

Province of New Hampshire.

New Castle 13"^ xber, 169T.

You arc in his Maj'tys name required to break open the
door where the Kings Stores are, and seize the stores and
deliver the same to Capt Shadrack Walton, Capt. of his
Maj'tys Fort, Wm. and Mary, for w*^'^ this shall be your war-
rant, given under my hand and seal at arms.

Jno. Usher, Lt. Governor-in-Chief.

To Wm. Ardell Esq. Sheriffe.

Ordered, a summons be sent to the Constable that Capt.
Walton, Jno. Hust and Jacob Randle to appear before the
Lt. Governor and Council to-morrow morning at 10 of the
clock.

At a Council held at Portsmouth
15''" xber 1697.

Present.

Lt. Governor — Jno. Hinks President, Esq.

Peter Coffin ) Nath. Waer )

Rob. Elliott > Esqs. Wm. Vaughan i Esqs.

Hen. Greene ) Rich. Waldron )

Ordered, a proclamation be issued out that all persons in
Military or Civil affliirs within this Province continue in
their places until further order as by the copy of Procla-
mation on file.

Capt. Shadrach Walton appearing before this Board ac-

K'i^T.] RECORDS OF COUNCIL. 263

cording to liis sinninons was ordered to attend tlic Lt. Oov-
crnor tt Council at Portsni" Tuesday the 28 instant.

Wm. Ardell appt^u'ing according to his summons and
presenting his lunulilc petition as on file ; — Ordered, that
he give hond to the Sheriff or his deputy for the use of his
!N[a)'ty of one hundred pounds, witli two sureties, viz. 50
pounds himself and 25 pounds each surety for his appear-
ance at the next quarter Sessions in this Province, & in the
nieanwhilc to be of good behavior towards his Maj'ty and
all his leige people, and not to depart thence without leave,
& to pay charge and foes, & to stand committed until he
conform hereto in giving his security.

XL. Jno. Hust, Jacob Randle, both agreed to their sum-
mons and being well admonished & promising to demeane
themselves civilly under the present government they were
dismissed.

Ordered, that a messenger be forthwith sent to New York
to congratulate the arrival of my Lord Bellamont.

Ordered, that Capt. Ichabod Plasteed be the person ap-
pointed for that service. Accordingly was dispatched with
Letters & Instructions.

Ordered, Maj. Wm. Yaughan Treasurer, pay to the said
Capt. Plasteed out of the public Treasury twenty pounds
towards his charges in that journey.

Ordered, Mr The. Packer, Mr. Jos. Smyth & Capt Dow
be summoned to ajjpear before the Lt. Governor & Council
at Portsm" the 25"' inst.

Ordered, Maj. Wm. Yaughan Treasurer provide a conve-
nient house for the Council and Assembly here at Ports-
mouth, as also for a person to attend, as also to provide
wood for fireing.

Ordered, that an Assembly be called to set at Portsmouth
for the Province of New PIami)shire on Tuesday the 28"' of
this instant December at two of the clock in the afternoon,
and that a Precept be issued out to the Sheriff to give

264 PROVINCE OF NEW-HAMPSHIRE. [1697.

notice to the freeholders of the respective Towns for the
choice of their several Representatives to set in the Assem-
bly, meet accordingly.

[Prov. Rec. B. I. p. 227.]
Letter of Instructions.

Portsmouth, 17'^ lOber, 1G97.
Mr. Ichabod Plaisted.

Herewith we deliver you a letter for his Excellency the Earl of
Bellomont, our Governor, now at New York, to whom you are to
make all possible dispatch, unless at Boston you have such advice
as that if you proceed you might probably miss of him.

AYheu you arrive at New York take good advice according to
letters herewith given you, how to demean yourself: If you find
my lord high and reserved, not easy of access, you must manage
your business by some of the gentlemen about him ; If you tind
him to give you a favorable reception and free to discourse, you
then may let him know how universally the news of his being
our Governor did affect us with joy and satisfaction; you must
also let him know that we daily expect Mr. Allen, whose commis-
sion for Governor here will be accounted valid until his Excel-
lency's commission be here published ; and query how we shall
demean ourselves in such a case : in short, the principal end in
sending you on this message is to pay our respects and duty to his
lordship, and to prevent Mr. Usher or any other mal-content pre-
possessing him with any ill thing against us ; so that if Mr. Usher
or any such be there, you must observe their carriage and endeavor
to learn how they are received and treated by my lord ; and forth-
with, by the first post after your arrival, to give us au account of
your affairs.

We cannot limit you as to the time of your stay at New York ;
you must do therein as shall be advised you, and if my lord be
almost ready to come away, you will do well to wait his motion
and be one of his attendance at Boston ; but if his Excellency
move not quickly, then you may ask his Excellency's leave and
dispatch home with all possible speed ; but be sure in the mean
time by all opportunities, let us hear from you how it fares with
you.

For enabling you to bear the expenses of this journey, we here-
with give you 20£, and have desired Mr. Geo. Jaffrey to procure

1G07.] RECORDS OF COUNCIL. 265

you credit for 20£ payable at New York, if you should happen
there to have occasiou. As to your expenses we advise to good
husbiiiidry; if you see occasion there you need not be over spare.
When you come to Boston, you are forthwith to look out ]Mr.
Geo. Jalli'oy, and to deliver hlni your letter to my lord, whom
we have desired to take advice thereupon : Alter the same if there
be occasion. So we wish you a «food journey and remain your
loving friends.

By II. P. S.

[Henry Penny, Sec]

[Prov. Rec. B. I. p. 228.]
[Mr. Plaisted's Bill, exact copy.]

My one expences and one hoas ; thirty days,

att six shillings and six pence per day 9 :15 :0

To nineteen days expence att nue Yorke, at

ten shillings per day 9:10:0

To nine days expence att seven shillens per day 3 :03 :0

Expence in hoas hier from Sabrook to York

And back there again, Eartene shillens 0:18:0

Keepin the other hoas unteell my return 0:13:0

The hier of one hoas from deadom to Boston 0:06:0

The hier of one hoas from Salem home 0: 12 :0

The keepin of the other untell his return 0:18:0

To the post for the carein of one and

Bring the other home, ten shillens 0:10:0

For shoin my hoas 3 times and mendin
my saddle ones, eart shillens 0:08:0

26:13:0

Portsmouth. At a Council held at Portsmouth

28 xber 1697.
Present.
Lt. Governor.
John Hinks Esq. President.
Nath. Fryer \ Hen. Greene )

Peter Coftin [ Escjs. Wm. Vaughan [ Esqs.

Rol). Elliott ) Rich. Waldron )

Mr. Thomas Packer of Portsm'' and Mr. Jos. Smytli of

266 PROVINCE OF NEW-HAMPSHIRE. [1698.

Hampton appeared before this Board according to their
summons to answer to what should be objected against
them on his Maj'tys behalf; & after some reprehensions for
their miscarriage in granting warrants to raise men by
virtue of a warrant from Mr Usher, The Lt. Governor &
Council having given them admonition how to demean
themselves for the future, and they acknowledging y"^ pres-
ent Government were dismissed.

[xLi.] Council adjourned to morrow morning 10 of y**
clock.

[Prov. Rec. p. 232. B. I.J
New Hampshire in New England, 3'^ Jaii^ 1697.
May it please your Lordships :

It is now about twelve months since my arrival from England
into this Province with the King's commission for Lieut. Gov-
ei'nor — thereof annulling and making void the power of Jno.
LTsher, Esq. late Governor of the same, which was forthwith sig-
uilied to the inhabitants by Public Proclamation ; but flnding my-
self wanting of an oath, which all governors, &c. were obliged,
by late Act of Parliament to take before entrance upon their Gov-
ernment; and, understanding a person was quickly coming over
with Connuission from his Majesty to administer said oath to the
Governors of America, I deferred entering upon the Government
for some time, and left in the hands of the President and Council
as the Connnissiou directs, in case of the absence of Governor
and Lieut. Governor; but Mr. Usher, endeavoring to disturb us,
and as I understand, having made complaints to your lordships
against us; — to prevent the like for the future, I found it neces-
sary to enter upon the Government; which I have now taken
upon me according to the King's Commission, and hope no advan-
tage will be taken again.st me for my so doing, having no design
therein, but his Majesty's service and the peace and quiet of his
subjects : Being also advised that the time for taking said oath is
further extended to the 25"^ March next, and that Mr. Randolph is
coming over with power from his Majesty to administer the same ;
and this remain at present, until his Majesty's pleasure shall be
further known, by the arrival of my lord, the Earl of Bellmount,

1C98.] RECORDS OF COUNCIL. 267

Avlioin we iiii(l('rs(:ui(l liis Majesty has l)con graciously pleased to
iipijoiut (iovcnior of this Province, to the universal satisfaction of
us all: for which further, I humbly refer your lonlsliips to the
Couneil and Uopresentatives of this Province convened in Gen-
eral Assembly; — who by this conveyance, have given your lord-
ships an account of the ijrescnt state of alfairs here: — and remain
IJiuht Honorable

Your Lordships most faithful and obedient servant.

Indorsed — " C'()i)y of Lt. Gov.
Patridgc"s letter, to the Ilon''"^
the Lords of the Committee for
Trade and Foreign Plantations."

[Pr. Rec. p. 2.3G, B. I.]
May it please your Lordships :

AVe, the Council and Representatives of his Majesty's Province
of New Hampshire, in New England, eonvened in General Assem-
l)ly, do account it a duty incumbent on us to give your Lordships
an account of the present state of atluirs in this Province.

l'^', We cannot omit a grateful acknowledgment of his INLnjes-
ty's favor in appointing Mr. Partridge, one of our own inhabit-
ants, our Lieut. Governor, in place of Mr. Usher; and though
upon Mr. Partridges arrival with the King's Commission, public
proclamation was made throughout the Province to signify to the
inhabitants that Mr. Usher's power for the fnture was made null
and void; yet Mr. Partridge for some reasons deferring the pres-
ent taking upon him the Government, but leaving it in the hands
of the President and Council, Mr. Usher began to give us some
disturbance ; and as we understand, has complained to your lord-
ships of our being without a government and in a lamentable con-
dition, &c.; Miiereas the Province never was in a more quiet,
peaceable condition; nor has there been any disturbance in it
since Mr. Partridge's arrival ; but only what Mr. Usher has en-
deavored to give us. As to those three gentlemen of the Council,
viz. Messrs Hincks, Vaughan and Waldron, whom we understand
;Mr. lusher has represented as ill men, we must assure your Lord-
ships, they have approved themselves true and faithful to his ]\Iaj-
esty's interest, well affected to his government, and are abundantly
qualified beyond most of the inhabitants of this Province, for his

2G8 PROVINCE OF NEW-HAMPSHIRE. [1698.

Majesty's service: It only i-emains, that we let your Lordships
know that Mr. Partridge has now as Lt. Governor, b\- your advices
taken the Government upon him, according" to the King's Commis-
sion, to prevent any future pi-etence or disturbance, and to the
general satisfixction of his Majesty's good subjects here, who are
now awaiting his Majesty's further pleasure, by my lord, the Earl
of Bellamount, whom we understand his Majesty has been gra-
ciously pleased to make our Governor: — Nothing than which could
have been more agreeable to our own desires, and under whose
influence we resolve to distinguish ourselves by a fervent zeal for
his Majesty's service and interest, and a ready expose of our lives
and fortunes to promote and defend the same : Being his Majes-
tys dutiful and loyal subjects : &
Eight Honor^i^

Your Lordships most humble & obedient Serv''
By order of Council.
Dated S^ Feb. 1697. Hen: Penxy, Sec^.

Pr order and in behalf of the Hen : Dow, Speaker.

Representatives,
To the Right Honorable
The Lords of the Committee for
Trade and Foreign Plantations,
Humbly presented,
In Whitehall.

Province of N. Hamp.
At a Council held by several adjournments
this eighth March 1697-8, at Portsmouth.
Present.

Lt. Governor ) Wm. Vaughan )

Peter Coffin \ Rich. Waldron \

For want of a full Council adjourned to morrow morning
10 of the clock.

1698.] RECORDS OF COUNCIL. 200

At a Council by adjournment to this
present 9*'^ March.

Present.

Lt. Governor.

Jno. Hinks Esq. President.

Peter Coffin } p Wm Yanuhan ) ^

Rob. Elliott \ ^^^^' Rich. AValdrou \ ^^^^^•

"Whereas complaint has been made by Maj'' Mack that
there arc two Sergeants and a Corporal that served in this
Province as soldiers under Capt. Negros are yet unpaid 5^^
b", ordered that the Treasurer pay the same, viz. to Ser-
geant Smyth 2, 2, 0. To Corporal Blackman, 1, 1, 0, and
to Major Mack for Sergeant Pray, 2, 2, 0.

Ordered, that the Treasurer pay Mr Duncan Camball ten
pounds for so much money he paid Capt. Ichabod Plasted
towards his charges on his journey at New York for the
account of the Province.

Ordered, that the Treasurer pay to Jno. Abbott of Ports-
mouth five pounds for his Pilot Ship under Major March in
his expedition to the eastward against y*^ Indians.

Upon a Petition to this Board from the Selectmen of
Hampton about Jno. Mogoon and a petition from Jno.
Mogoon's as both on file,

[xLii.] Ordered, that the Sec. send copies of the petitions to
the Selectmen of Exeter y" they appear at Council Board the
5"' April next, as also the Selectmen of Hampton, & Jno.
Mogoon to appear at the time aforesaid at Portsmouth.

Sarah Rol>y of Hampton by petition to this Board pray-
ing liy means of her poverty her excise might be remitted.
Ordered, she pay no excise for one year.

Adjourned to morrow morning 10 a clock.

270 TROVINCE OF NEW-HAMPSHIRE. [1698.

At a Council by adj(3urnment 10 March 1697.

Capt. Ichabod Plasted accot. brought to this Board, who
were present ut supra. The accot. on file and adjusted the
ballance 16"" 13^ 2'^ Approved of and allowed and to be
paid out of the Treasury.*

Ordered, that the Secretary notify to the Selectmen of
every town that they attend on the Lt. Governor & Council
at Portsmouth 5'^ April next, and bring an account of their
Towne bounds.

The Lt. Governor having dissolved the Assembly —
ordered by advice of the Council that a new Assembly be
called to meet at Portsmouth the 5"^ April next and that a
precept be given by the Secretary to the Sheriff accordingly,
11"> Marciri697-8.

Province of New Hampshire, 1698.

At a Council held at Portsmouth,
Thursday 5'" April.
Present.
Lt. Governor.
Jno. Hinks Esq. President.

Nath. Fryer ^

Peter Coffin > Esqs. Wm. Yauirhan ) •,-,

Rob. Elliott ) Rich. Waldron j ■^^^^•

And adjourned to morrow morning 10 a clock.

Council by adjournment present ut supra.
6"^ April.

The Selectmen for the several towns in this Province
who were summoned to attend this Board to bring in an
account of the limits of their town bounds, appeared by
themselves "'' Attorney, and accordingly brought them all
in and were all read distinct.

*See preceding account.

1698.] RECORDS OP COUNCIL. 271

The Selectmen of Hampton and Exeter appeared to this
Board ])y virtue of a summons about the Petition of Jno.
[xLii.] Magoou. Several evidences brought in, as on lib:',
and being duly heard by the Council, adjourned to morrow
10 a clock morning.

At a Council by adjournment to this T"' April.
Present ut Supra.

Jno. Dams petition for some relief to his Garrison ;
answered that for want of money in y" Treasury they can
not be at any farther charge until the Assembly raise it.

The case of Jno. Magoon is for present respited until the
next Council day which is to be the first Tuesday in May
next ; & that then Peter Coffin Esq. be there, and bring
with him the Will of Jno. Magoons father, and any other
papers relating to said Magoons' land or estate out of the
Town records.

Ordered, that the assessors & y*^ Selectmen of the town
of Exeter have notice that they attend the Council at Ports-
mo"' ye fi^.g|; Tuesday in May next, to answer what shall be
there olyected against them on the Ijchalf of Peter Coffin
Esq.

Upon petition of Margaret Langmaid, desired by the
Council that Rob. Elliott Esq. advance forty shillings in
money due to the said Langmaid in part of her sons wages,
due for his service at the Kings Fort at New Castle, & to
be rc])aid him out of the first money raised to that end.

Ordered, by the Lt. Governor, Council & General Assem-
]>ly, that a day of Public Fast and Humiliation be kept
througliout this Province, Thursday 21^' this instant April.
Adjourned to morrow 10 of the clock.

272 PROVINCE OF NEW-HAMPSHIRE. [1698.

At a Council by adjournment 8* April 1698.
Present ut supra, except Mr. Fryer.

Whereas Rich. Waldron Esq. hath made it evident to
this Board that he hath exported thirty hhd. of rum out of
[xLiv.] this Province, which was imported here in the Rich*^
and Margaret, Sam. Allcock master, & y* it was exported
within the time limited by Law,

Order that notice be given to the officer that he do repay
back the 2-3 of the duty of s'' rum, according to law unto
Rich. Waldron Esq.

Province of New Hampshire.

At a Council held at Portsmouth,
S'-'^ May, 1698.

Present.

Lt. Governor Partridge.

John Hinks Esq. President.

Nath. Fryer )

Rob. Ellfott [ Esqs. Wm. Yaughan ) -^^ ^

Hen. Greene ) Rich. Waldron \ ^

Ordered, Treasurer Yaughan Esq. pay to Rob. Elliott
Esq. fifty six shill. or so much for interest due to him for
money lent the Province.

Ordered, to pay Capt. Jacob Plasted the ball, of his ac-
count 16, 13, 0.

Ordered, to send notice to Peter Coffin Esq. to be at
Council y® 2 Tuesday in June next, & bring with him those
papers relating to Jno. Mogoon as by a former order of
Council.

Mr. Andrew Wiggins, his petition about his land bounds,
was read ; and answered when the other town bounds are
settled his will also be considered.

Major Wm. Yaughan Esq. Treasurer (as was ordered)

1698.] RECORDS OF COUNCIL. 27")

brought in liis accounts. Tlio Lt. Oovcrnor and Council
perused <t allowed the same and haliancc due to him £2o,
13, 1, as P. acct. on file.
13 June, 1698.

J8@=»So far, from the beginning of Lt. Governor Partridge
taking upon him y" Government, are the minutes of Coun-
cil sent for England by Capt. Jno. Lang.

XLV. Province New Ilamp.

At a Council held at Portsmouth
7'^ June, 1698.
Present
Lt. Governor Partridge.
Peter Coffin, ) Wm. Vaughan,

Henry Greene, ) Eich. Waldron.

My Lord Bellimonts letter to the Lt. Governor and Coun-
cil, was read and communicated to the Council.

Ordered, that notice be given to the Selectmen of Ports-
mouth that John Reed, a disabled soldier be taken care of
by them for his subsistance, and that Major Vaughan sa
soon as money is in the Treasury, sliall have order to pay
them his wages due.

Ordered that another soldier be sent by Maj. Vaughan to
Hoards Garrison from whence said Jno. Reed came to sup-
ply that vacancy.

Province New Hampshire.

At a Council held at Portsmouth
14"' June, 1698.

Present.

Lt. Governor.

Jno. Hinks, \ Rich. Waldron, )

Nath. Fryer, [ Esqs. Peter Collin, [

AVm. Vaughan, ) Hen. Greene, )

274 PROYINCE OF NEW-HAMPSHIRE. [1G98.

Jno. Watsons petition being read as on file — Ordered,
that the Treasurer be desired to take security for him for
the payment of what is due to the Province from him, in
one months time ; and when security is given, to order him
out of prison, he paying the charge.

Allowed Hannah Permitt of New Castle three pounds
six shillings by her account on file for liquors ordered to be
given to the two companys of soldiers.

Allowed James Robinson of New Castle, Cooper, by his
acct. on file 16s, 6d.

It appearing to this Board in the business of Jno. Mogoon
(long depending) by papers and otherwise that he ought to
[XLVI.] remain at Esiter, Ordered, that the town of Exiter
do receive the said Jno. Mogoon into their town as an inhab-
itant, and that the Town of Hampton pay the fees due to
the Secretary in all that affair and for other charge each
town to bear their own.

Allowed Rowland Jenkings departure as a soldier at
Heards Garrison at Dover from the 15"' June 1697 to the
4"^ October following, as by account on file ; and to be paid
41b. 8s.

Secretary Penny's his acct. being brought in amounting
to twenty pounds nineteen shillings, as on file, said acct.
being examined and found due to him 20, 19, 0, to this 2*^
day of June 1698, was then by Lt. Governor & Council
allowed of.

New Hampshire.

At a Council held at New Castle
27"' June 1698.
Present.
Lt. Governor.
John Hinks Esq.

Nath. Fryer, ) j, Wm. Yaughan, } ^

Rob. Elliott, ) ^^^^' Rich. Waldron, j ^^^^'

1G98.] RECORDS OF COUNCIL. 275

Whereas Mr. Samp" Slieife, appears tliis day with a (\o\>-
utatiou from Jahaccl Brinlon* Esq. Coll. &c. -within this
Province the Council arc of opinion that the said deputa-
tion be allowed and the said Sheife be countenanced «fe
assisted in the execution of his oflice, accordingly, and
whereas the said Sheife hath proposed to the Lt. Governor
that all vessels having his clearing may be })ermitted to pass
the Fort, and that the Naval officers appointed by J no.
Usher, Esq. late Lt. Governor of this Province may give
security three thousand pounds according to a late act of
Parliament, entitled, " An Act for preventing frauds and
regulating abuses in Plantation Trade ;" that notwithstand-
ing said Brinton has been arrived in N. England more than
six months, and has never yet visited this place, nor let the
[xLvii.] Government know what powers he has relating to
the affairs of this Province ; yet if he, the said Brinton or Mr.
Sheife be appointed by the Commissioners of the Customs
in England to take such security according to the afores*^
Act, they be desired now^ to show it in order to a ready obe-
dience thereto, that his Maj'tys service may not be inter-
rupted, nor his subjects burthened with unnecessary affairs.

The above being the opinion of y" Council I see no cause
hut to acquiese therein.

Wm. Partridge, Lt. Gov.

Ordered, Major Wm. Vaughan Treasurer pay Rob. Elli-
ott forty shill. out of the 400 lbs. rate, as so much disburse-
ment by him towards Widow Langmaids son's wages for
part of his service as a soldier at the Fort. Allowed in
Council 7^" April 1698.

* See MS. copy of Commission in Sec'ry's office.

276 PROVINCE OF NEW-HAMPSHIRE. [1698.

At a Council held at New Castle
25 August, 1698.
Present.
Lt. Governor.
Jno. Hinks ) Peter Coffin )

Rol). Elliott \ Esqs. Wm, Yaughan > Esqs.

Nath. Fryer ) Rich. Waldron )

Hannah Permitt brought in her acct. of disbursement by
order of Council, and was allowed three pounds to be paid
out of the Public Treasury.

[Governor Samuel Allex assiimeil the Aflministration of Government in the
Province of New Hampshire, on the 15th of September, 1698. See his Commission,
bearing date March 1st, 1692, on pp. 57-69. — Ed.]

Province of New Hampshire.

At a Council held at New Castle, Thursday

15* 7ber, 1698.

Present.
Lt. Governor Partridge, Esq.

Jno. Hinks, ) Rob. Elliott, )

Nath. Fryer, > Esqs. Hen. Greene, > Esqs.

Peter Coffin, ) Nath. Waer, )

Wm. Yaughan, Esq.

After some debate in Council, ordered the Secretary from
this Board signify to Gov. Allen [xLViii.] that the Council is
now setting & pray his company, and he came accordingly ;
and after a friendly discourse he told them he would take upon
him the Government and that the oaths appointed by Act
of Parliament instead of the oaths of allegiance, tfcc. might
be administered, which was accordingly done in Council as
also the Test signed by the Governor as on file. Then the
Commission, Instructions and Seal were delivered by Lieut.
Gov. Partridge.

1(>98.] RECORDS OF COUNCIL. 277

OidercM], a Proclamation l)y the Governor be issued out
to tlie several Towns in this Province to pnljlish that all
ottlccrs within this Province both Civil & Military bo con-
tinued in their offices till further order.

Ordered, that notice be given to the Selectmen of every
Town in this Province that all persons who have any claims
due from the Province that they bring them in to the Com-
mittee appointed, who are Peter Coffm, Natli. Waer, Rich.
Waldron, Esqs. at y" house of Jno. Pickering Jun"" at Ports-
mouth, the lirst Tuesday in October next 10 of the clock
forenoon.

Province New Hamp.

By the Honorable the Governor,

A PROCLAMATION.

Forasinuch as the Honorable Samuel Allex, Govci'iior of tliis
Province, by virtue of tlieir Maj'tys Connnission under the <;reat
Seal of England bearing date the first day of March in the fourth
year of their reign, hath taken upon him the Govcrnm' accord-
ingly, [xLix.] These are therefore to give public notice to all His
Maj'tys good subjects within this Province and to all persons in any
public Station or office Civil or ^Military that they hold & execute
their res-pective offices as they have hitherto done until further
order: — And that the Captains of the respective towns within this
Province publish this Proclamation by beat of drum, and then
affix it to some usual public place, that no person may pretend
ignorance herein.

Dated at New Castle 15"^ September 1G98, in the 10"'year of his
Maj'tys reign.

By order of the Honorable the Governor.

Hex, Penny, Sect.

Tlicn the Governors Commission was proclaimed at the
Fort, also Lieut. Governors Commission.

278 PROVINCE OF NEW-HAMPSHIRE. [1698.

Province of Now Hampshire.

The Minutes of the proceedings of the Council since the
Honorable Saml. Allen Esq. published Ids Majesty s Commis-
sion for, tf entered upon the Government. ^

At the first Council held at New Castle
Lunce Die,* Novembris 28, Anno 1G98.
Present.
The Right Honorable Saml. Allen Esq. Governor.

Nath. Fryer ] ^ Rol). Elliott )

Peter Coffin \ ^^^^- Nathaniel Waer j ^"^'l^'

A Commissionf from the Hon. Saml Allen Esq. Govornor
unto Sampson Sheafe for the offices of Secretary, Register,
Clerk of the peace and of the Inferior Court of Common
Pleas was read and approved of by the Council.
[l.] The said Sampson Sheafe took the oaths required by
Act of Parliment, repeated and subscribed the declaration,
and took the oath of being faithful in said offices.

Adjourned till tomorrow morning at ten o clock.

Province of New Hampshire.

At a Council held by adjournment at New Castle,
Martis die| Novembris 29, 1698. Mat. Temp.
Present.
The Right Hon'"'' Saml. Allen Esq. Governor.
Rob. Elliott, ) T7I Nathaniel Waer, Esq.

Peter Coffin, \ ^^^^-

Joseph Smith, Esq§ admitted and sworn one of the Coun-
cil. The Hon. Saml. Allen Esq. informed the Council that
John Usher Esq. had matters of importance to communi-
cate for his Maj'tys service.

* Monday.

t See CMnmission in Seo'ry's office.

t Tuesday.

§ Joseph Smith, Esq., was of Hampton.

1G9'''-] RECORDS OF COUNCIL. 270

Ordered, that llie Soci-elaiy do acMiuaint John Usher, Esq.
that this Board desires if lie hath any letters or papers for
his Maj'tys service that lie would deliver them to him to
communicate to the Council. Tlic Secretary delivered the
message accordingly, and brought answer that if it were
desired he would come unto them.

Ordered, that tlie Secretary do go again to John Usher,
Esq. and acquaint him that the Council desired if he
pleased that he would send his papers ; — if not that he
could come himself and bring them.

The Secretary acquainted John Usher therewith. John
Usher presently appeared at this Board and produced a let-
ter from the Lords of the Plantation, dated the S""^ of
August 1697, which said letter was read — being read Mr.
[li.] Usher said he was by his Maj'tys instructions one of his
Majestys Council for this Province and accordingly claimed
his privilege to sit at this Board, also asserted that he was
Lt. Governor until the arrival of my Lord Bellomont or
mitil such times as William Partridge, Esq. did qualify him-
self; and further declared that there were several persons
by him suspended, the reason of whose suspension he had
sent to AVhitehall, and therefore unless his Majesty restored
them, they could not sit in Council.

Rob. Elliott Esq. affirmed that Mr. Waldron and Ma\.
Yaughan did sign Association ; therefore no cause for their
suspension; and that William Partridge Esq. was Lieut.
Governor and had qualified himself; and that if Mr Usher
was Lieut. Governor, and these persons sat in Council,
and that Maj. Vaughan and Mr. Waldron were not admitted
they would not sit.

John Usher, Esq. replied — " Is there then an agreement
made among you? " Rob. Elliott Esq. replied — yes, one and
all ; we are all of that mind.

The Hon. Samuel Allen Esq. Governor (it having first
been debated) declared that John Usher Esq. was one of
the Council and that he could not refuse him his privilege.

280 PROVINCE OF NEW-HAMPSHIRE. [1698.

Whereupon Robert Elliott Esq. withdrew.
The Council is adjourned till Tuesday the thirteenth day
of December at 10 a clock in the morn in 2;.

Province of Xew Hampshire.
Kew Castle.

At a Council held by adjournment at New Castle.

Martis die Decembris 13, 1698.
Present.

Esqs.

The Right Hon. Saml Allen Esq. Gov.
Nath. Fryer ^

Peter Coffin > Esqs. Joseph Smith

Robert Elliott ) Kinsley Hall

Capt Kinsley Hall,* Esq. having been summoned as one
of the Council admitted by Lieut. Gov. Usher, was again
admitted one of the members of his Maj'tys Council in this
Province and took the Oaths appointed to b? taken instead
of the oaths of Supremacy and allegiance, and repeated
and subscribed the Declaration.

Robert Elliott Esq. refused to sit at this Board as a mem-
ber of the Council. If these gentlemen who were appointed
& admitted by Lieut. Governor Usher were continued to be
of the Council, and if John Usher, Esq. were Lieut Gov-
ernor here, and the minutes hereof being read unto him,
he said it was right noted [?] and withdrew.

Ordered, that whereas through the non-appearance of the
Judges on the 7"* day of this instant December the Inferior
Court of Common Pleas fell, there should be a special
Court on Tuesday the third day of Jany y'^ next for the
hearing & determining the causes should have been tried at
said Inferior Court.

Removal of Henry Green, Esq., from the offlce of Judge.

[It appears by Records of the Court of Common Pleas, Wednes-
day, 7* December, 1698, that tlie Hon. Henry Green, Justice, failed

* Capt. Kinsley Hall was of Exeter.

1698.] RECORDS OF COUNCIL. 281

to bo pvosent at the Court: Mlicreupon CJov. Saimu'l Allen on the
S.')*^ of s'' inontli, IVuinally reuiovcd liiin IVoiii the office of .ludjie.]

''Whereas iVre. tli^' s'' Henry Green, Esq. without making- any
excuse ov pvinjf any notice, not re<>ardinfc yo"" oath as .hulg'e
of s** Court, did refuse, neglect, omit to be p'sent at tlie ac-
cuslouied place of fe"^ Court, ijeing holden at rort>niouih, to the
great damage of o'' Soveraign Lord the King, «fc diverse; of his
good sul)jects, by reason whereof no Court was or could be held
on s'' seventh day of I)ecemb\ and whereas, by reason of y"" age
& iini)otency, you are very unalde & insufficient to execute the .s'^
j)lace: Wee do therefore, hereijy dis(M)arge aiul remove you from
the office of .Judge of our Inferior Court of Common Pleas, as
also from being one of our Justices of Peace in o"" sd Province;
hereby injoyning you that you do not henceforth exercise or exe-
cute the s'' i)laces of Judge of o"^ Inferior Court of Common Pleas
or Justice of Peace within o'' s'^ Province, uuless you should
receive Power from us.
Witness

Samuel Allen, Esq. o'' Govern'' of our said Province of New
Hampshire.

Given under o"" hand and scale of Province, at New Castle, the
twentv-tliird of Decemb"" iii the tenth vear of o'" Ileign, Annoque
Domi." WJS.

Samuel Allen.

[On the 15* of Januarj'^, following, Richard Jose, Esq. was re-
moved from the office of high sherifte.]

" A\'hereas you, Eichard Jose, Esq. late high sheriffe of o"" Prov-
ince, by reason of y' sickness, impotency, & weakness of body,
be thought very uiifitt, unable and insufficient to ])erformc & exe-
cute the duty of said office and place of high sheriff; I do there-
fore, hereby discharge and remove you from the s'^ office of o""
high sheritf, — strictly charging and commanding you, that you no
more exercise or execute h'^ office of o"" high sherifi'; but that you
do deliver unto William Ardell, Esq. whom I have conunissioncd,
constituted & appointed to be o"" present high sherifi', all Avritts,
recognizances, & j)apers that are in yr hands, relating to the s''
office; and that you do account with Wm. Ardell afores'^, our said
high sheritf, for all monies, goods and protitts Avhatsoever belong-
ing unto us, which hath been levied or ought or might have been
levi(Ml for his Majes'" service. Given under my hand and scale of
I'rovince, the 15"' day of Jan^, Anno Eegis William tertii & deci-
mo, Annoq Dom." 11J98-1).* Samuel Allex.

Ordered, that there be a public day of Thanksgiving
observed throughout this Province on Tluu'sday the twelftli
day of January next, for that God hath been pleased gra-
ciously to preserve His Maj'ty ; for the safe arrival of Saml.
Allen, Esq. Governor ; the continuance of our Gospel liberties,

♦The two for jjoing articlos found in " Copy of Commissions " in Scc'rj'soflicc. — En.

232 PROVINCE OF NEW-HAMPSHIRE. [1698.

senrliiii^ us a plentiful harvest, and restraining the heathen
enemies ; and that the Secretary [ltit.] (lo draw up a Proc-
lamation accordingly into form and send it to the several
Ministers in tliis Province.

[From MS. copy in Secretary's office.]

A PROCLAMATION FOR THANKSGIVING.

Province of New Hampshire.

New Castle, Dec. 13, 1698.

Being deeply sensible of the Expressions of divine goodness ^
inercie towards us, evidently appearing in the signal Preserving
o'' Soveraigu Lord the King's Maj''^, carrying him thro' the many
difficulties and hazards of a tedious & bloody Warr, and from
many hellish plots & Conspiracies, and making him at length the
happie Instrument of establishing a gen" Peace thro'out all Europe ;
in gratiously preserving the Hon"'''' Samuel Allen, Esq. our Gov-
ern"", & bringing him to us in safety, thro" the midst of maine dan-
gers and difficulties; in the continuance of o"" precious gospel
Liberties; in the plentiful Harvest vouchsafed us the Summer
past, nfter so great scarcity, which for some time p'vailed in the
midst of us; and in so long restraining the Heathen Enemie from
making their barbai'ous incoursious upon us: —

We do therefore appoint Thursday the twelfth day of Jan^ next
ensuing, to be celebrated thro'out this Province, as a day of Pub-
lick Thanksgiving unto Almighty God, forbidding all servile
labour on y' day; And do recommend it to the several Ministers
& Assemblies, therein to be kept with all solemnity, and attended
with a right ordered conversation, so as that God may be gloritied
by us, & we may have farther hopes of seeing his salvation.
By order of tlie Hon'ble the Governor & Council.

Sampson Sheafe, Secretary.

Ordered, that Maj. William Vaughan do deliver ail the
books. Court Rolls, Writings, escripts, minutes and records
whatsoever delivered unto him the thirteenth day of June
1696, and all Records, Books, Court Rolls, Writings and
Minutes since, which may he, ought, or should be in his
hands, unto Sampson Sheafe, Secretary, and Register of
this Province, the said Sheafe giving him his receipt for the
same.

Ordered, what soldiers are at Capt. Rich. Gerrish's Gar-
rison be dismissed & discharged, and that Capt. John Tut-
tle have notice hereof.

Adjourned till tomorrow morning at eight o'clock.

1G98.] RECORDS OF COUNCIL. 283

At a Council lu'kl l)y adjournment at New Castle.
Province of New Hampshire.
Mcrcurii die,* Decembris 14, 1698.

Present.

The Tlonorablc Saml. Allen Esq. Governor.

Natlianicl Fryer } ^ Joseph Smith ] ,t

Peter Coffin \ ^^^^^' Kingsley Hall ] ^^^i^'

Ordered, that there be Writs issued out to elect Assembly
men to serve at a General Court or Assembly to convene
at the accustomed place at New Castle, on Thursday the
fifth day of January next.

Order for the election of Representatives to the General Assembly.

[From MS. copy in Secretary's office.]

"William the Tliird, by the Grace of God, — King-, &c. To our
Slieriif or Marshall of o'' Pi'ovince of New Hampshire, &c.,
Greeting:

We command, that upon receipt hereof, you forthwith make out
yo'' precepts directed unto the Selectmen of each respective Towne
within our Province of New Hampshi^ requiring- them to cause
the Freehold" and other Inhabitants of their several Towns, duly
qualitied, to assemble at such time & place as they shall appoint,
to elect and depute, one or more p'rsons, (being- freeliolders and
residents in the same towne) according to the nomber set and
limited by the Act of the General Assembly of o'' afores"i Prov-
ince, to serve for and represent them respectively, in a great and
General Court or Assembly by us appointed to be convened, held
and kept for our service at the accustomed place in New Castle,
upon Thursday, the tiftli day of January next ensuing the date of
these p'sents, and to cause the p'son or p'sons so elected & depu-

* Tlie (lays of the week, as named by the Latins, were as follows:
Day of the Sun, or .Sunday,
of the Moon or Monday,
Mars — Tuesday,
IMercury — Wednesday,
Jupiter— Thursday,
Venus — Friday,
Saturn— Saturday ,

In these Records, Saturday is smnctinios called "S.ahb.ati," denotins: the day of the
Jeii-hh Sabhath.— SeJ liom. Antitj. p. \S20. Ed. 1810; also If'eb. IJic — Ku.

Dies Solis

Day of

" Luna?

" of

" .Martis

" of

" Mercurii

" of

" Jovis

" of

" Veneris

" of

" Saturni

" of

284 PROVINCE OF NEW-HAMPSHIRE. [1698.

ted by the Major part of the Electors p'sent at such election, to be
timely notified & summoned by y^ Constable or Constables of such
Town, to attend o"" service in the s** General Assembly, on the day
above prefixed, by nine in the morning-, and so de die in diem,
during their session and sessions, & to return the s<^ precept.-; with
the names of the p'son, or p'sons so elected & deputed, unto yo'
self: Whereof you are to make return together with this Writt,
and of yo"' doings therein, und'' yo'^ hand unto o' Secretarie's office
at New Castle, one day at the least, before the s<> Courts sitting.
Hereof you may not fail at y'' perill. Witness, Samuel Allen, Esq.
Govern'' & Command"^ in Chief in and over o'' Province of New
Hampshire, afores"^, Givin at New Castle und'^ the Publick Seal
of o'' s^ Province, the 18"^ day of Decembr in the tenth year of o""
Keign, Annoq: Dom. 1698.

By Command, Sampson Siieafe, Sec^.

Ordered, that it is the opinion of this Board that Capt.
John Hinks ouglit to account with the Hon. Samuel Allen
Esq. Governor of this Province for the Kings Stores and
for the powder money that he hath rec'd and that he ])ay
the ballance of said acct. unto the said Governor or his
order, and that the Secretary give him notice thereof.

Adjourned to Thursday the fifth day of January next, at
nine o'clock in the morning.

Prov. of New Hampshire.

At a Council held die Luna?, & Jan-' sccundo, 1C98.

Present.

The Hon. Samuel Allen Esq. Governor.

John Usher ) -^ Peter Coffin ) ^

Nathaniel Fryer \ ^^^^' Kingsley Hall ) ^*^'^^-

Ordered, that whereas at a Council held on Tuesday the
thirteenth day of December last past, there was an order of
Council that a special Court of Common Pleas should be
held on Tuesday the third day of Jan-^' next at the accus-

1C9S.] RECORDS OF COUNCIL. 285

IoiiumI place at tlic town of Portsnioiitli, where any libels
or inlbrinations on behalf of the Ivin<^- which should have
been exhibited and any writs which should have been pro-
ceeded [lv.] on at an Inferior Court of Common Pleas,
which Ity Act of Assembly should' have been holden at
Portsuiouth on Wednesday the 17'*^ day of December last
past, but said Court falling, defectu Judician, might and
should 1)0 tried at said special court ; and this day James
^Mounteas merchant, claiming interest in a ship and her
cargo of productions of Europe as wines &c. which are
under seizure by the offices of his Majestys Customs, (for
breach of acts of Trade and Navigation) on behalf of his
Majesty, the Hon^'*^ the Governor and himself as informer ;
and the said Mounteas petitioning and setting forth to us
that he humbly conceived that timely notice was not given,
by reason whereof he prays that he may not be obliged to
trial at said Special Court, but that there may 1)0 an order
for the delivery of the Ship and the goods which may be
perishable, upon his giving security to stand and abide a
trial at the next Court of Records which shall be held in
this Province : —

It is therefore ordered (that on consideration of s'^ Peti-
tion and also on consideration of a General Court or
Assembly called and appointed to be convened on Thursday
next the fifth day of this instant Jan'y.) that said Petition
is granted — The said Mounteas giving sufficient security
upon appraisment according to the form of the Acts of
Trade & Navigation ; and the said Special Court is hereby
repealed, made null and void, and hereof all Justices,
Jurors, and persons concerned are to take notice, that none
of his Maj'tys subjects may be prejudiced thereby.

286 PROVINCE OP NEW-HAMPSHIRE. [1G99.

Prov. of New Hamp.

At a Council and the first General Court or Assembly
convened at New Castle after the arrival of the Honorable
Samuel Allen, Esq. Gov"" of this Province.
[lvi.] Jovis die, January Quinto — 1698-9.

Present.

The Right Honorable Samuel Allen Esq.

Governor.

John Usher, j Nathaniel Wear, ) ^

Nathaniel Fryer, ^ Esqs. Joseph Smith, ) ^

Peter Coffin, )

Ordered, that the Secretary make out a Writ of Dedimus
Potestatem to impower Capt, Nathaniel Fryer and Maj.
Joseph Smitli, Esqs. to administer the oaths mentioned in
a Statute made in the first year of the reign of our Sover-
eign Lord and Lady King William and Queen Mary entitled
"An Act for the abrogating the oaths of supremacy and
allegiance," and appointed other oaths to the several Rep-
resentatives elected to serve in a General Assembly con-
vened this day. The Writ of Dedimus potestatem was
accordingly drawn and signed by the Governor.

Nathaniel Fryer and Joseph Smith accordingly did ad-
minister the oaths appointed by Act of Parliment in the
first year of King William and Queen Mary, and heard the
Declaration repeated and see it subscribed by each Repre-
sentative.

Ordered, that the Secretary acquaint the House of Rep-
resentatives that the Governor desires them to choose their
Speaker and to present him. The House of Representa-
tives made choice of Capt. John Pickering Sen. to be their
Speaker and presented liim. The Governor accepted of
their choice of a Speaker and made the following speech to
them.

Gentlemen —
On my arrival the 23'^ of August into this his Maj'tys Govern-

1C99.] RECORDS OF COUNXIL. 287

meat, rnuHiig' not my Lord Bi'lloinont arrived liorc, nor fliat he
[lvii.] was expected this winter, I found it needful by virtue of
my commission to enter upon the Government.

Being acquainted that tlie Acts for tiic Customs, the Impost,
the Excise, and duties of Powder money are expired since the
fiftli of November hist past, its convenient those acts be renewed
in order to raise money for defraying tlie charges of liis Maj'tys
Government.

I do likewise recommend to your consideration the s(mding
some messages to his Excellency to congratulate his safe arrival
and to invite his Excellency unto this His Maj'tys Govern-
ment, being the manner and customs of other Governments, so to
do and make provision for the charge of said messengers and for
my Lord's reception. As to other matters requisite and needful
for his Majestys service and for the peace and tranquility of the
Province, I recommend unto you and that you will consider the
season of the year, and with all convenient siJeed and deternune
all matters needful.

Adjourned till tomorrow teu a clock.

Province of New Hampshire.

Veneris die, January Sexto — 1698-9.

Present.

Jolni Usher, j Joseph Smith, '\

Nathaniel Fryer, > Esqs. Kinsley Hall, > Esqs.

Nathaniel Wear, ) Peter Coffin. )

Voted, that there be an Act made for the Revising &
Continuation of the Acts for the Customs, Impost, Excise
and Powder money, and that this vote be sent down to the
House of Representatives. The s'' vote was accordingly
sent down.

It is moved by Peter Coffin and [lviii.] Nathaniel Wear
Esq. whether John Usher Esq. be one of the Council, and
they desire it may be debated whether William Partridge,
Esqs. his commission for Lieut. Governor, doth not del)ar
John Uslier, Esq. from being one of the Council as well as
Lieut. Governor.

288 PROVINCE OF NEW-HAMPSHIRE. [1699.

John Usher, Esq. proposes to this Honorable Board that
by virtue of the Kings instructions he was appointed one
of his Council here, and the first tlierein named, and that
he was no ways suspended or dismissed from the place of
a Counsellor, and therefore for his Maj'tys service he de-
manded his privilege of sitting here.

It is Resolved that John Usher Esq. is one of the Council.
Peter Coffin and Nathaniel Wear, Esqs. desired their dis-
sent may be entered, and that they may be dismissed from
sitting at this Board.

The Governor forbid Nathaniel Wear Esq. -offering to
withdraw, to depart without leave upon his peril. Nathaniel
Wear Esq. replied that if he should sit here that he should
look upon it that he should act contrary to the Kings com-
mission, and he would not do anything in contempt thereof.

New Hampshire.

The House of Representatives sent up the following
papers.

Voted, that an answer to the Speech from the Honorable
Samuel Allen Esq. Governor of his Majestys Province be
sent up as followeth, viz.
May it please your Honor —

We the Representatives of his Maj'tys Province aforesaid
convened in General Assembly, having read and considered
your Honors' speech, do make answer thereto as followeth :

That the Act of Custom & Excise, we think it convenient
to continue it until the fifth day of November, one thousand
six hundred ninety nine. That as to congratulating his
Lordships [lix] arrival and inviting his Excellency to this
Goveniment, We are of opinion it is quite out of season for
that it was formerly done by the Lieut. Governor & Coun-
cil, and a kind answer thereto received from his Lordship,
which was communicated to the Assembly to their very
good satisfaction.

1C99.] RECORDS OF COUNCIL. 289

And foi- (illicr inattci's since wc arc well assured his
Excellency the Earl of Belloniout will in a little time be
with us, We think it best to leave them till that time for
that the collecting and paying of the last Province Rate
made by act of General Assembly hath been forbidden and
intcrru])ted, whereby some soldiers that hath served his
Maj'ty in Garrison for defence of the Province, others that
have subsisted said soldiers, and many that have disbursed
for the Public, are still out of their pay to their great dam-
age ; as also in displacing sundry lit and worthy persons
from office and putting others not so qualified in their
places ; and s{)ccially in admitting John Usher Esq. to be
one of the Council, notwithstanding all powers relating to
said Usher hath been made null and void by the Kings
commission to Lieut. Governor Partridge, under the great
Seal, and the same more than once published within this
Province.

These, with some other considerations hath given occa-
sion to sundry members of the late Assembly to join with
some members of this Council in addressing his Lordship,
the Earl of Bellomont for relief, which address this House
is of opinion was very seasonably and proper, and unless
your Honor see cause in some measure to redress these
grievances and carry on with a more moderate conduct,
will give occasion to this House to make a second applica-
tion to his Lordship. Passed by the Assembly.

Theodore Atkinson, Clerk.

The Council adjourned till tomorrow morning nine a
[lx.] clock.

Province of New Hampshire.

At a Council and General Assembly held by adjourn-
ment, Sabbati die* January Scj)timo 1698.

* Saturday.

290 PROVINCE OF NEW-HAMPSHIEE. [1699.

Present.

The Honorable Samuel Allen Esq. Governor.

John Usher ) y-i Joseph Smith ) ^

Natt. Fryer \ ^^^^- Kinsley Hall \ ^^l^'

Sampson Sheafe, Secretary, admitted a member of the
Council, took the oaths appointed, repeated and subscribed
the declaration.

The House of Representatives send up a bill that the
income of the Impost, Excise and powder money be con-
tinued until the fifth day of November next ; and kept for
the reception of the Earl of Bellomont, the powder money
for the use of the Kings Fort.

Ordered, that it be passed into an Act.

Ordered, that Major Joseph Smith and the Secretary do
join with gentlemen chosen by the House of Representa-
tives to draw up the said Act into form.

Province of New Hampshire.
January 17^'^ 1698-9.

Major Smith & Secretary, & gentlemen chosen by Repre-
sentatives drew up said Act and presented it and passed, as
a title — An Act for continuing unto his Majesty the several
duties of Custom, Excise, [lxi.] Impost, powder money or
Tonnage of Shipping.

Wiiereas the late Act of General Assembly of this Prov-
ince dated the fifth day of October, Anno Domi. 1697,
Entitled an Act for continuing of the Act for Impost and
Excise, expired the fifth day of November last past, We
therefore, his Majestys loyal and dutiful Subjects the Repre-
sentatives of this his Maj'tys Province of New Hampshire,
taking into consideration the necessity of granting a supply
of money, do hereby grant unto his most Excellent Maj'ty
to the intents and ends hereafter mentioned, the several
duties and impositions upon all wines, liquors, goods, wares,
merchandise that shall be imported into this Province
Excise and Tonnage of shipping heretofore granted, and

1G99.] RECORDS OF COUNCIL. 291

froiu tlicnce coiitinucd l)y several Acts until the fifth of
November last past, and pray that it may be enacted.

And l)e it accordingly enacted by the Honorable Samuel
Allen, Esq. Governor, Council and Representatives in Gen-
eral Court Assembly, and it is enacted and ordered by
the Authority of the same that from and after the seventh
day of January 1G98, until the fifth day of November next
ensuing, the several Rates and Duties set u[)on all "Wines,
Liquors, and merchandise that shall be imported into this
Province, and all duties of Tonnage in and by the said
former acts of Impost, Excise, Customs and Tonnage
money be and hereby are continued to be paid in ; and by
the said Act as it is directed : That is to say, the duties
of Impost, Custom and Excise to be employed for the re-
ception of the Earl of Bellomont, and the Tonnage money
for the supply of his Majestys Fort William and Mary at
Newcastle.

John Pickering, Speaker.
Lxii. Sampson Sheafe, Sec'ty.

The petition of Nathaniel Pitman in behalf of his wife
Deliverance, complaining that one Joseph Smith & one
Jeremiah Burnam has violently and contrary to law seized
upon the Petitioners Cows and other estates, was read.

Resolved, that he must have his remedy and redress by
law.

Tiie Petition of Richard Maundy for remitting of fifteen
jiouiids he paid for powder money of a Ship loaden with
Naval Stores — read.

Resolved that the consideration of said Petition be re-
ferred to next Council day.

The Honorable Samuel Allen Esq. Governor made the
following speech to the House of Representatives, viz.

As for your opinion that to congratulate his Lordships'
arrival & inviting his Excellency into this Government is
quite out of season ; — I did Judge that you Representatives

292 PROVINCE OF NEAV-HAMPSIIIRE. [1G99.

of his G-overnment would not have tlioiiglit any time too
late to have paid your respects and do your duty in congrat-
ulating, inviting and making due provision for his Excel-
lency's reception.

As for my putting a stop nnto the gathering of the last
Rates, it was upon complaint from several Towns, of mon-
eys raised & misapplied, orders were issued to forbear gath-
ering until the accounts might be examined and farther
order ; finding the late Treasurer hath absented himself
and is gone out of the Province I shall order the monies to
he gathered and paid into the Treasury, [lxiil] As for
your grief at my displacing sundry persons and putting in
others, I have put in none but what are true and loyal per-
sons, and laid aside none but the contrary : — Those who are
put in are such as by virtue of the King's Commission were
legally invested with power before my arrival.

As to Mr Ushers being admitted one of the Council, he
claims it as his privilege by virtue of the Kings Commis-
sion and instructions together with orders from Whitehall,
dated the third day of August 1G97, which have been read
unto you.

As to Mr. Partridge Commission being read, that doth
not qualify him, but when Mr. Partridge is qualified his
Commission ought to take place, & until then or until my
Lord Bellomont arrives, I judge I am to obey the orders
from Whitehall, which to you have been communicated, and
in his Maj'tys name you are at your peril required to yield
obedience thereunto.

As to the address you mention from the Council and
Assembly to my Lord, when no Council and Assembly hath
sat since I came into the Province, for by non-appearance
on the second of October it became null, I admire that
any in the name of such dare presume to address my Lord
as presenting grievances. I know of none but maintaining
the Kings prerogative. And for violence, I have not raised
the militia to take up arms. As for your future proceed-
ings I do advise you to act safely.

1699.] records; of council. 293

And ruuliug, Ciciillciueu, yoiii- aim and di-ift is to strike
at the Kings honor and prerog-ative, and countenancing of
sncli wlio are violent against the same,* I shall render an
account unto liis Majesty of my wliole proceedings ; and in
the meanwlule you are dissolved ; and in his Majestys
name 1 do dissolve you. The Court is dissolved.
[lxiv.] Copy to this time sent to his ^lajesty, January
10, 161)8.

New Hamp.

At a Council held at New Castle
Jovis die, Januar}^ 2*), 1(398-9.

Present.

The Honorable Samuel Allen, Esq. Governor,

Lt. John Usher 1

Nath. Fryer > Esqs. Kinsly flail } t^.

Joseph Smith ) Sampson Sheafe j ^^ '' '

Whereas on Wednesday the fourteenth day of December
last past, this Board declai'ed they were of opinion that
Capt. John Hincks ought to account with the Honorable
Samuel Allen, Esq. Grovernor of this Province, for the
Kings Stores, and powder mone}' that he hath received,
and that he pay the balance of said account unto the said
Governor or his order, and that the Secretary give him

* Suspension of Jlobt. EUiott, Esq. from the Council.

Prov. New Hampshire.

1?.V tlic Hou'ble Samuel Allen, Esq. <tf.

By vertue of tlie Power and autlioiity liy liis ^I;i:i'tys cnmmissidn mailo Letters
Patents, dated at Westminster, tlie tirst day of Ma ch, in the fourth year ot his s;iid
M:),j'tys reign, to me given and granted: for severall miitinons >X: oonteinptnous words
and carriages hy you, Kol)ert Elliott, Esq. uttered and committed at the Council
Hoard, on yc twenty-eighth day of November & the thirteentli day of Decemb'r last
])ast, contrary to y'r duty, to the trust reposed in you, to tlic service of his Ma.j'ty &
his government here, & to the evill example of others in the like case offending, von
are suspended; — and I do therefore in his Maj'tys name hereby suspend you from
heing a member of his Ma,j'tys Council, in this his i\Ia,j'tys Province afores'd, from sit-
ting, votting and assisting therein, untlU his Miij'tys pleasure be further knowne; &
you are hereby suspended.

Given unil'r my hand & seal at amies, this twenty-seventh day of Jany. in tlie
tcntli year of his Maj'tys Ueigri, Annixjue Doiui. IG'JS-'J.

Samuel Allen, Gov'r.

294 PROVINCE OP NEW-HAMPSHIRE. [1G99.

notice thereof ; and ^vlicrcas notice accordingly liath been
given, it is now the opinion of this Board that the Honor-
able Saml. Allen Esq. Governor, do order by summons s''
Hinks to give in his account to him by a day appointed, &
in case of refusal, that he be proceeded against according
to law.

Ordered, that there be a suitable boat to row with four
oars, for the reception of my Lord Bellomont, and use of
his Maj'tys Fort, William and Mary, as the Honorable Gov-
ernor shall direct and that it be paid out of the powder
money appointed for that use.*

Ordered, that there be two gentlemen sent to Boston
upon notice here of my [lxv.] L"^ Bellomonts arrival there,
to congratulate his arrival there and that a letter be then
drawn np accordingly by the Secretary.

Ordered, that Lieut. Governor, John Usher, Esq. and
Joseph Smith, Esq. be desired to accept of said service.

John Usher & Joseph Smith Esqs. declared their accept-
ance.

Ordered, that the Honorable Samuel Allen Esq., Gov-
ernor, be desired to take care for a convenient house and
accommodations for the reception of my Lord Bellomont
and that due provision be made for the same.

The petition of Capt. Shadrach Walton, Esq. for money
due to himself for service as Capt. of the Fort, Wm. & Mary, .
and for wages due to him, formerly allowed but not paid
Avas read.

Ordered, that the Treasurer have order to pay to Capt.
Shadrach Walton seventy-three pounds six shillings for his

* Prov. of New Hamp're.

By the Uigbt Hon'ble Samuel Allen, Esq. Govern'r &c:

You are hereby ordered to pay unto Mr. Duncan Campbell of Boston, or his order,
out of the money received by yourself, for the tunnage of shipping, twenty-tive
pounds, ten shillings, curr'tt money of this Province, due to sd Mr. Campbell, for a
boat, oares, awning & carpitt, provided by hiiu, pursuant to an order of Councill the
2Gth Jany. last past, and hereof you are not to fade. Given und'r my hand & seal at
Arms, the 8th day of April, 10'J9.
To Joseph Smith, Treas'r, Samuel Allen.

IGO;*.] RECORDS OF COUNCIL. 205

own salary, and soldiei'S wages for service at the Fort
according- to his petition.

Ordered, that the Treasurer have order to pay to Samp-
son Sheai'e Secretary fbi use of tiic Chamber for (he Cuun-
cil and the Hall for the Assembly, and for wood and can-
dles, until this 2G"' January, the sum of three pounds.

The petition of John Cross one of the soldiers at the
Fort, for wages due to him was read.

OrcU'red. that the Treasurer liave order to pay John Cross
his wages from the arrival of the Honorable Samuel Allen
Gov. being the 28'' of August unto 2G"' January, being 19
weeks, £9, 10, and six shillings for his attendance on the
Council, is nine pounds 16 shillings.

[lxvi.] Ordered, that whereas there was an order of Coun-
cil on the 13* of December last past, that Major William
Vaughan forthwith deliver all y'" Books, Court Rolls, writ-
ings, ascrypts, minum''* and records whatsoever, deliver unto
him the 13"' June 169G ; and all records Books, Court
Rolls, writings and miuum'^ since, which may, ought or
should be in his hands, unto Sampson Sheafe Secretary and
Register of this Province ; since which the s'' Major Will-
iam Yaughan absconds ; — and whereas sundry persons have
com}»lained & petitioned this Board to order and determine
some way whereby his Maj'tys subjects may come to have
copy of such records and Deeds as they have occasion for,
It is ordered, that there be a strict search made Avithin this
Province for finding out of said Books, Court Rolls, Writ-
ings, escripts, minum'* and Records, and that there l)e a
Warrant issued out for apprehending the person of said
Major William Yaughan to answer for his concealing said
books ; and if he Ije not found nor said books, that a proc-
lamation issue out for discovery of said Books, Records &c.
and of the person of said Major Wni. Yaughan ; and that
the Secretary draw up said Proclamation into form & sub-
scribe it, and that it be published in the several towns
within this Province.

296 PROVINCE OF NEW-HAMPSHIRE. [IG'JO.

Xcw Ilampsliirc,

To the Sheriff or vjider-sherfff' of our Provin<-e:

Whereas ou the twenty-sixth day of this instant Jan^' it was
ordered hy the Hon'ble Samuel Allen, Esq. Goven'' & Council,
tliat having rec'* complaints from sundry persons, inhabitants of
this Province, that they had Law-suits to commence, & that the
copies of their Deeds being upon Record, they had at several
times & often been at the dwelling-house of Maj. "William
Yaughau, where they were informed that the Books, records, is
other writings and evidences belonging to the Inhabitants of this
Province were lodged, & that he was obliged to give them copies
of the same, they paying him the fees appointed by law; but tJiat
the said Maj. "William Vaughan was alwaies denied to be at home :
And that tliere was no person there could give them any copies of
any Records, whereby they were likely to be greatly wronged and
damnified ; «fc tlierefore petitioned that some method might be
ordered «fe determined whereby they might come to obtain authen-
tick copies of their Deeds : the Hon"'''-' (govern'' & Council, then tak-
ing the same into consideration, did order that strict sarch should
be made for finding out all books. Records, escripts, minum'* and
other writings belonging unto the Inhabit** of this Province, wliich
were delivered into the custody of the s*^ "Vaughan : and that a
AVarrant be made out to apprehend the i)erson of s'' William
Vaughan, to ansa"" for such his contempts, Imbezling or conceal-
ing the .same.

These are therefore (in his Maj*-''^ name) strictly to charge <fc
command you and every of you, forlhwith, upon sight hereof, to
inake diligent search and inquiry (within this Province) for the
said bookes. Records, escripts, minutes, and other writings as
aforesaid, which were delivered into the custody of said Vaughan,
or which since may have been in his custody, or which are in the
custody of any other person or p'sons whatsoever; and if upon
search, you find the said books. Records, esciipts, minuments, or
otlier writings afores*^, or any part of them, you are to deliver the
same unto the Secretary of our Province: And you are also far-
ther to make diligent search & inquiry for the person of the said
William Vaughan, Esq. and if found to carry him before some one
of his Maj'-^** Justices of Peace of this Province, where he shall be
taken (to be dealt with according to law). Hereof fail not at y''
perill, and make returne of your doings herein into our Secreta-
ries office: And for your so doing this shall be your warrant.
Given under my hand and seale, this thirtieth day of Jan^ in the
tenth year of his Maj'^^ reign, Anno. Dom. 1698-9

S.vJiUEL Allen, Governor.

1G99.] RECORDS OF COUNCIL. 207

Prov. of New Ilanipsluro.

At a Council held at New Castle,
Sabbati die, February 1-3, lGi)8-l>.
Present.
The Right Honorable Samuel Allen Esq. Governor, Com-
mander in Chief &c. &g.
John Usher Esq. Lieut. Guvernor.

Nnlhaniol Fryer ) -p, Sampson Sheafe Esq.

Kinsley Hall \ ^^^^•

Lxvir.

Lieut. Peter Wear of ITampton having been summoned,
appeared at this B;jard and was admitted a member of his
Maj'tys Council in this Province, and having first taken the
oaths appointed by Act of Parliment, and repeated and
subscril)ed the Declaration, took his place accordingly.

The Right Honorable the Governor, presented a letter
from William Stoughton Esq. Lieut. Governor of his Maj-
estys Province of the ]\[assachusetts Bay, with a Proclama-
tion inclosed concerning a Peace made by s'' Province with
the Eastern Indians, & for regulating buildings and settle-
ment in that Province of Maine, and for regulating trade
with the Eastern Lidians ; and laid it before the Board for
consideration.

Copi/ of a Letter from Lieut. Governor Stoughton, of Massachu-
setts, to Gov. Samuet Allen.
[Farm. Belk. p. 155. Note.]

"Ilon'bleSh-:

Upon the late subinis.'^iou made by the Eastern Indians, wliirh
it's hoped will settle all thinys in a present quiet, I have thouylit
fit, Avith the advice and consent of his Maj'tj's Council here, to
emit a Proclamation (copy whereof is enclo.sed) to promote the
rejfular settlement of the Eastern parts of this Province, and for
reg'ulatin.n" of Trade witii the Indians, the better to secure and
preserve his Maj'tys Interests and the future peace and tranquillity

298 PROVINCE OF NEW-HAMPSHIRE. [1699.

of his subjects, lliat no just provocatiou maj' be given to the Ind-
iaus, or any abuse or injustice done them therein — the terms
whereof the Governni' liere expect an exact compliance with, and
conformity unto. And judge it necessary for Maj'tys service that
your honor be acqiuiiuied therewith to tlie end iiis Majtys subjects
within your Government may be notified thereof in sucli way as
you shall think most adviseable, that neither the good intent of
the s** Proclamation be defeated, nor they sufier any loss or dam-
age by acting anything contrary thereunto within the parts of this
his Maj'tys Government. Assuring myselfe nothing will be want-
ing on your honors part to prevent the mischiefes that may ensue
upon neglect of the due observance thereof, — I am with much
respect,

Sir, your very humble servant

Wm. Stoughton."
<' Boston, February, 16''' 1698-9."

The said letter was read, considered and debated. It is
thereupon ordered that the said Proclamation be read on
the morrow, being the 26"^ instant by the several ministers
of this Province after Sermon unto their several congrega-
tions, and that after the reading thereof, it be delivered
unto one of the constables of the said several towns, who
are hereby ordered and required to affix the same on the
most convenient door of each respective Meeting House in
this Province, that so all his Maj'tys subjects vvitliin this
Province may have notice thereof ; and that it be also noti-
fied that in the articles of Peace it is contained that at all
time and times forever and after the date of submission, the
said Indians engage to cease & forbear all acts of hostility
towards tlie subjects of the Crown of England, that they
will abandon & forsake the French interest, and that all
captives in the hands of any of the s** Indians be forthwith
restored witliout any Ransom or payment.

1699.] RECORDS OF COUNCIL. 299

SUBMISSION OF 1698.

[Coll. N. H. Hist. Soc. II. p. 26.'3-2G7.]

The re:ie>re(^ Subinittsion of ilic Uai>-fern Indiana, and recognition
of their obedience to the Crown of England.

Province of the ^Massachusetts Bay
in Xewland: —
"Whereas divers Sagamores, and Chief Captains of all the Ind-
ians belonjiiny to the scverall rivers of Penobscott, Kennebeck,
Aniarasco^<j;in and Saco, parts of the said Province of the JNIassa-
chusetts P>ay, -within the sovereignty and dominions of his most
Excellent Majesty, William the Third, by the Grace of God, of
England, Scotland, France and Ireland, King, Defender of the
Faith, &c., being assembled together at Fort William Henry, at
Pemaquid, the eleventh day of August, in the fifth year of the
reign of his said Majesty and the late Queen Mary, did then and
there, by tlu;ir submission and agreements, under their hands and
seals, for themselves and each of them respectively, and in the
name and with the free consent of all the Indians belonging to
the several rivers aforesaid, and of all other Indians within the
said Province of the Massachusetts Bay, of, and from, Merrimack
river, unto the most easterly bounds of said Province, lay down
their amies, cast themselves upon his said Majesty's peace and
favour, and acknowledged their hearty subjection and obedience
to the Crown of England, and did also solemnly covenant, prom-
ise and agree to, and with his Excellency Sir William Phipps,
Knight, then Captain General and Governor in Chief in and over
the aforesaid Province or Territory, on his said Majesty's behalf,
in manner following, that is to say :

[See preceding Treaty, 1093 pp. 110-112.]
Whereas, notwithstanding the aforesaid submission and agree-
ments, the said Indians belonging to tiie rivers aforesaid, or some
of them, through the ill counsel and instigation of the French,
have perpetrated sundry hostilities against his Majesty's subjects,
the English, and have not delivered and returned home several
English captives in their hands, as in said submission they cove-
nanted:

Wherefore we, whose names are hereunto subscribed, Saga-
mores, Captains and principal men of the Indians belonging unto
the rivers of Kennebeck, Amarascoggin and Saco, and parts adja-
cent, being sensible of our great olfence and folly, in not comply-

300 PROVINCE OF NEW-HAMPSHIRE. [1609.

iiig- with tlie aforesaid submission and agTeeinents, and also of the
suiferings and mischiefs that we have thereby exposed ourselves
unto, do, in a humble and most submissive manner, cast ourselves
upon his Majesty's mercy for the pardon of all our past rebellions,
hostilities and violation of oar promises, praying to be received
unto his Majesty's grace and protection; and for, and in behalf of,
ourselves and of othei's, tlie Indians belonging' to the several riv-
ers and places aforesaid, within the sovereignty of his Majesty of
Great Britain, do again acknowledg-e and prefer our hearty and
sincere obedience unto the Crown of England, and do solemnly
renew, ratify and contirme all and every of the articles and agree-
ments contained in the aforecited submission.

In testimony whereof, we, the said Sagamores, Captains and
principal men, have hereunto set our several marks and seals, at
Casco Bay, near Mares point, tlie seventh day of January, in the
tenth year of the reign of his said Majesty, King William, the
Third, Annoq. Dondni, 1698-9.

Moxus, his mark X and a seal.

TuRRAMUGUOS, his mark X and a seal.

Wanooson, his mark X and a seal.

Wasombamit, his mark X and a seal.

EssACOMBKAVET, his mark X and a seal.

BoMOSiN, and a seal.

WowARRANE, al. Joscph, liis mark X and a seal.

Mr. Speaker Herxamaquin, his mark X and a seal.

Paquarak, his mark X and a seal.

Nerexoah, for Nateombanit, his mark X and a seal.

Sampsox Hegin, his mark X and a seal.

AbooMAAVA, his mark X and a seal.
The before written was several times read over to the Indians
that have subscribed the same, and the several articles and para-
graphs thereof plainly and distinctly interpreted unto them, who
said they well and thoroughly understood and agreed to the same;
and then was signed and sealed by them, in the presence of us —

James Converse,

John Giles, Interpreter,

Cyprian Southack,

Scadook, al. Samiyson, his X mark.

A true copy, examined — Pr. Isa. Addixgtox, Sec^.

ll'l'll.] Ri:COUl)S OF COUNCIL. 301

The petition of ILuinali l*tiniiitt of New Castle for tlie
paynieut of money due to her for puhliu entertainment liy
order was read and debated.

Ordered, that tlie lliulit Honorable the Governor do give
order unto the Treasurer to i)ay unto Hannah I'unnilL eight
jtounds, twelve shillings, sixpence, due unto her.

The Petition of Sanuiel Comfort for two [lxviii.] |)Ounds,
seventeen sliillings, eight pence due to him lor disburse-
ment and service on account of the Province, read and
debated.

Ordered, that the Right nonoral)le the Governor do
order the Treasurer to pay two pounds, sixteen shillings,
eight pence due unto said Comfort.

Province of New Hampshire.

At a Council held at New Castle, post maridian
die Martis 13, [March] 1698-9.
Present.
The Right Honorable Samuel Allen, Esq. Governor <fec.
John Usher, Esq. [Lt.] Governor.

Nathaniel Fryer \

1* > Esqs. Sampson Slieafe \ -ni

Joseph Smith* ) Peter Wear i '■^'

Kinsley Hall* > Esqs.

It is moved by Joseph Smith Esq. Treasurer, that the
new Constables do refuse to collect any rates made in the
time of the former Constables, & that the former Con-
stables look upon themselves as discharged, others being
chosen in their room.

Resolved, that the late Constables chose and sworn to
serve for the year 1608, ought & hereby are rec^uired to

* On tlie l.Ttli of Miirch, 1G08-9, Kinsley Hall atul Richard Hilton, Esqs., of E\e*f r,
were coniniissioned as .luslices of Uie Peace, for the Town of Exeter, by Gov. Samuel
Allen, and took the u»ual oath of odice.

302 PROVINCE OF NEW-HAMPSHTRE. [1699.

gather in the remainder of those rates, which they had
warrants to collect and that they are liable to make good
those rates unto the Treasurer pursuant to their warrants,
and that they are required to account with the present
Treasurer for the same.

It is moved by Joseph Smith, Esq. Treasurer that
whereas Rol'ert Elliott Esq. did by request of the Council
pay Henry Langmaids service at his Maj'tys Fort William
and Mary, the sum of two pounds, and since on the 27'^
June last past did obtain an order of Council that the then
Treasurer Maj. William Yaughan should pay the same, the
said Vaughan being absconded, desired that he might have
order for payment thereof.

Ordered, that the present Treasurer do pay unto Robert
Elliott, Esq. the said [lxix.] forty shillings taking up the
former order, unto Maj. William Yaughan for payment of
the same.

It is further moved by Maj. Joseph Smith, Esq. Treas-
urer, tliat there are several poor persons to whom money is
due from the Province for service, who have not hitherto
made application to this Board for payment, who yet not-
withstanding without receiving what is due to them are not
able to pay their Rates.

Ordered, that the Treasurer do forbid the Constables
distraining on such persons for their Rates until further
order.

Province of New Hampshire.

The petition of John Walker und"" Sheriff* for service

* John Walker, D. Sheriffs Keturn of the Hon'ble Samuel Allen's, Esq. Govr'r war-
rant to search for the Records of the rroviuce, and for the person of William
Vaughan, Esq : —

By vertu of the within warrant, I have maile diligent search and inquire within this
Province, f)r the Books, Records, escripts, niinutcs and other wrightiugs which weare
delivered into the custody of said Maj. WiUiam Vaughan, &c. As also for the person
of sd Maj. William Vaughan, Esq.; aud particularly at the house of sd Vaughan, but

1690.] RECORDS OF COUNCIL. 303

and exi)cucc on the ace" of this Provhice l)y order before
this ]]«)urd, —

The Petition was read, and it is ordered lliat the Treas-
urer do pay unto the said Jolni Walker the sum of five
pounds for his service and expences on account of the
Province.

Province of New Hampshire.

At a Council licld at New Castle for this Province.

Lunai Die, Mali 15"' 1699.

Present.

The Honorable Samuel Allen Esq. Governor.

Nathaniel Fryer j

Joseph ^^niitli ^ Esqs. Sampson Slieafc \ p^^

Kinsley Hall ) Nathaniel Wear \ '^ ^

An address to his Excellency the Earl of Bellomont was
drawn and signed by the Council, as on file.

Ordered, that Capt. Shadrach Walton Esq. be added to
the gentlemen appointed to wait upon his Excellency at
Boston, to invite him unto this Province, & that his name
be inserted in the address.

Ordered, that Thursday the 25'" instant be set apart as a
day of Fasting and Prayer unto Almighty God, to bless and
preserve his Maj'ty, succeed his undertakings, and preserve
his Excellency the Earl of Bellomont, & bring him in
[lxx.] safety to us, pour out a spirit of reformation, par-
don our sins, and heal our divisions ; and that the Secre-
tary draw up the same into form which was accordingly

did not find any of ad Books, Records, esoripts, minutes or other wriglitings afordsd;
nitlier the person of sd Var.ghan: hat Mrs. Bridget, daughter of s<l Aiuiglian, told me
that her fatlter was at Maj. Hammons, and if anybody had any business with him
might sjieak with him there; & Mr. Pittman, book-keeper to M:ij- Vaughan, fcaid,
that all the ho<ilis belonging to the Province woare carried away <iut of the house
before the Maj'r went to New Yorke— but where he could not tell.

Pr. John Walker, Shcrill".

804 PROVINCE OP NEW-HAMPSHIRE. [1C99.

done, and aj)proved of by the Governor and Council, copy
whereof is on file.

The petition of John Tattle of Dover as on file was read
and debated.

Ordered, that the Treasurer, Major Joseph Smith, do pay
unto Capt. John Tuttle of the sum contained in the ace'*
he delivered into this Board for Soldiers wages and sub-
sistance money out of Dover Rates, the whole sum being
ninety-two pounds, six shillings ten pence, he is to pay the
one half part, which is forty six pounds, three shillings five
pence, and that the other half be paid out of the first mon-
ey raised by the Assembly, after Major William Vaughan
hath adjusted his account as Treasurer.

The accompt of Samuel Comfort for sundries for the Pin-
nace amounting to three pounds, one shilling sixpence, was
read and debated.

Ordered, that the accompt of Samuel Comfort be allowed
and that the Treasurer do pay the same.

The accompt of Francis Tucker for Warehouse room for
his ]\Iaj'tys Stores was read cfc ordered that it be referred to
the next Council day.

At a Council held at New Castle,
Veneris die, Junis nono, 1699.
Present.
The Honorable Samuel Allen Esq. Governor.

Nathaniel Fryer, Esq. Sampson Sheafe,

Joseph Smith, Esq. Nathaniel Wear Esq.

Ordered, that Major Joseph Smith, Esq. Treasurer, do
advance the sum of one hundred pounds out of the four
hundred pounds Pate for the reception of his Excellency
the Earl of Bellomont, according to the Act of Assembly
January the 7"' last past, there being not at present monies
sufficient from the duties of Impost and Custom and Excise

1698.] BELLOMONT's COMMISSION. 305

appointed to defray the said charge, and [lxi.] that Major
Joseph Smith do take care to make due provision accord-
ingly for his Exccllencys reception and entertainment lierc.
Ordered, that the Treasurer do pay unto Jolin Usher,
Esq. himself and Capt. Shadrach Walton, Esq. ten pounds
for their disbursement in going for Boston with the address
from the Governor and Council of this Province unto his
Excellency the Earl of Bellomont.

Commission of the Earl of Bellomont.

[From a Copy in the Secretary's Office.]

WILLIAM THE THIRD, by the Grace of God, of England, Scot-
land. France, and Ireland, king and defender of the Faith, &c.
TO our Right Trusty and Right well beloved Cousin Richard,
Earle of Bellomont, Greeting:

WEE, Reposing especiall trust and Confideiice in the Prudence,
courage and loyalty of you the said Earle of Bellomont, of our
especial grace, certain knowledge and meere motion, have thought
fit to Constitute and ai)i)oint, and by these presents doe Constitute
and appoint you the said Richard Earle of Bellomont, to be our
Governor and Commander in Chicfe of all that parte of our Prov-
ince of New Hampshire within our Dominion of New England in
America, lyeingand extending itsclfe from three miles Northward
of jNIerrimack River or any part thereof, unto the Province of
Main with the south part of the Isle of Shoals. AND \VEE doe
hereby require and conmiand you to doe and execute all things in
due manner, that shall belong unto your said Command, and the
trust wee have reposed in you according to the Severall powers
and directions granted or appointed you by this present Commis-
sion; and the Instructions herewith given you or by such further
powers or instructions as shall at any time hereafter be granted
or appointed you, under our signett or Signe manual, and accord-
ing to such reasonable Lawes and Statutes as now are or hereafter
shall be made and agreed ui)on by you, with the Advice and con-
sent of our Councill and the Assembly of our Province and Plan-
tation, under your Government in such manner and form as is
hereafter expressed: AND wee doe hereby give full power unto
you the said Earle of Bellomont after you shall have first taken
the Oath for the due execution of the oilice and trust of our Gov-
ernor and Commander in Cliiel'e in and over our said Province of
New Hampshire, which the Sd (Jouncill or any five of them have
hereby full power and authority and are required to administer
unto you, to give and adnunister to each of the Members of our

806 PROVINCE OF NEW-HAMPSHIRE. [1698.

s*' Councill as avoII the Oaths appointed by Act of Parliament to
be taken instead of tlie Oaths of Allegiance and Supreniacye, as
the Test and an Oath for tlie dno execution of their places and
trust, and likewise to require them to subscribe the late Associ-
ation mentioned in an Act of Parliament made in the Seaventh
and Eight years of our Peigne, Entitled, an Act for the better
security of his Maj'"'^ Royall i)erson and Government. AND
WEE DOE hereby give and grant unto you full poAver and
authority to suspend any of the members of our said Council from
sitting, voting, or assisting therein, if you shall tinde just cause
for soe doing; AND our will and pleasure is that if by the death,
departure out of the Province, or suspension of any of our Coun-
cillors, there shall happen to be a vacancy in our said Councill,
any three whereof wee doe hereby appoint to be a Quorum;
Wee doe hereby require you to certitie us by the first opportunity
of such A^acancy by the death, departure, susi)ension or otherwise
of any of our Councillors, that Avee may under our Signett &
Signe Manuel Constitute and ai)point others in their Poome.
And if it shall at any time happen, that there are less than seaven
of them residing in our said ProA'ince, Avee doe hereby giA'e and
grant unto you full power & Authority to choose as many persons
out of the principal free holders, Inhabitants of our saicl Prov-
ince, as Avill make up the full number of the Councill to be seaA'en
and noe more; Avhicli persons soe chosen and appointed by you
shall be to all intents and purposes our Councillors in our said
Province, till cither they are confirmed by us, or untill by the
Nomination of other Councillors by us, under our Signe Manuail
and Signett, the said Councill haA'e above sea\'en persons in itt.
AND WEE DOE hereby give and grant unto you full power and
Authority with the Advice and Consent of our said Council, from
time to time, as need shall require, to summon and call Assemblyes
of the freeholders Avithin your GoA'ernment in such manner and
forme as by the advice of our Councill you shall finde most con-
A^enient for our service and the good of our said Province: AND
OUR WILL and pleasure is that the persons thereupon duly
elected by the Major part of the Freeholders and being soe
returned, and having before their sitting taken the Oaths appoint-
ed by Act of Parliament to be taken, instead of the Oaths of Alle-
giance and Supremacy, and subscribed the Test and Association
aforesaid, Avhicii Oaths you shall Commissionate fitt persons under
the publike Scale to Administer, and Avithout taking the said Oaths
and Subscribing the said Test and Association none shall be capa-
ble of sitting tho' elected — shall be called and held the Assembly
of our said Province : And that you, the said Earle of Bellomont,
by and with the Advice and Consent of our said Councill and
Assembly or the Major part of them respectively, have full power
and authority to Constitute and ordaine Lawes, Statutes and Ordi-
nances for the Publike peace. Avelfare and good Government, of our
said Province and Plantation, and of the people & Inhabitants
thereof, and such other as shall resort thereto; and for the bene-
titt of us our heires and successors, which sj.id LaAves, Statutes
and Ordinances, are to be as near as may be sigreeable unto the
LaAves and Statutes, of tliis our kingdome of England: — PRO-

1G98.] BELLOMONT'S COMMISSION. 307

VIDED tliat all such Statutes and Ordinances, of wlint undue &
duration soever, be "wiliiin tlnre nionllis or sooner alter tin' mak-
ing ol'tlie sauK', transmitted unto us under tJie I'ulilii-ke Scale, for
our ai>i)rol)ali(>u or DisuUowuMee of tlieni, as ulso<! dui)li("ites
thereof by the next conveN lun-e ; And in case all or any of them
bein^" not before Conlirmed by us, sliall at any time be disallowed
and not approved, and soe si<iiiifie(l by us, oiu" lleires and suc-
cessors, under our or their 8iyne Manuall & Sijiiiett, or by order
of our or their privy Council unto you, ti)e said Earle of I5(;llo-
mont, or to the C'onnnander in C'hiefe of our said Province for
the time beinj;': then such or soe many of them as shall b(! disal-
lowed, and not ai)i)roved of shall from thenceforth cease, deter-
mine, ami be utterly voyd ami of none etlect, anything" to the
conti'ary thereof in any wise notwithstanding: And to the end
nothing- may be passed or done by the said Councill and Assembly
to the prejudice of us, our heires, antl successors, wee will and
Ordaine that you the said Earle of Bellomont shall have and enjoy
a Negative voice in making and passing of all Lawes, Statutes
and Ordinances, as aforesaid: And that you shall and may like-
wise from time to time as you shall Judge it necessary i)roroiige
and dissolve all General Asscmblyes, as aforesaid; And our will
and pleasure is that you shall and may keep and use the publicke
seale ai)pointed or to be appointed by us for that our Province:
And Wice doe further give and grant unto you the said Earle of
Bellomont, full power and authority from time to time, and at all
times, hereafter, by yourselfe or by any other to be autliori/.ed by
you in that behalfe, to administer the Oaths appointed by act of
Parliament to be given instead of the Oaths of Allegiance and
Supremacy, to all and every such person or persons as }()u shall
thiidv titt who shall at any time or times passe into our said Prov-
ince or shall be resident or abiding' there: Wee doe hereby give
and grant unto you full i)ower and xVuthority to erect. Constitute
and Establish such and soe many Courts of Judicature and Pub-
lick Justice, within our said Province, as you and they shall
thinke titt and necessary for the hearing and determining of all
Causes as well Criminalf as Civill according to law & equity, and
for awarding- of execution thereupon with all reasonable and nec-
essary powers, Authorities, Fees, and privileg-es belonging unto
them; as alsoe to appoint and Commissionate titt persons in the
Severall parts of your Government, to Administer the Oaths ap-
pointed by act of Parliament to be taken instead of the Oaths of
Allegiance & Supreuiacy, and the Test unto such as shall be
obliged to take the same: Ani:) Wee doe hereby Authorize and
Impower you to Constitute and appoint Judges, Justices of the
peace, Sheritls and other Necessary Otficers and Ministers in our
said Province for the better administration of Justice, and put-
tings the Lawes in Execution, and to Administer, or Cause to be
administered such oath or Oaths as are usuall for the due Execu-
tion and performance of place and places of trust, and for the
clearing of truth in Judiciall Causes: Wee doe further by these
presents will and require that Ai)peals be permitted to be made
in cases of Error from our Courts in New IIan\])shire, unto you
our Governor, and to our Councill, and in your absence from our

308 PROVINCE OF NEW-HAMPSHIRE. [1698.

said Couiicill in Civill Causes, Provided the value appealed for
doe exceed the sum of one hundred Pounds sterling-, and that
security be tirst given by the Appellant to answer such charges as
shall be awarded in case the tirst sentence shall be atRrmed, And
Whereas wee judge it necessary that all our subjects may have
liberty to appeale to our Poyal person in cases that may deserve
the same, Our will and i)leasure is that if either partie shall not
restsatistled with the Judgement or Sentence of the Superior Coui't
of our Said Province, they may then appeale unto us in our Privy
Coui)cil!, provided the matter in ditfereace exceed the true value
antl sum of Throe hundred Pounds Sterling; and that such appeals
be made within fourteen days after sentence, and that Security like-
wise be duly given by the Appellant to Answer Such Charges as
shall be awarded in case the tirst Sentence be confirmed, and pro-
vided, alsoe, that execution be uot suspended by reason of any
such appeale unto us: And Wee doe hereby give and gi-ant unto
you full power and authorit}', where you shall see cause, and
thereupon shall Judge any Oftender or Offenders in Criminall
matters or for any fines or forfeitures titt objects of our mercy, to
pardon and remitt all such ofiences, tines and forfeitures, before
or after Sentence given, (Treason and wilfull murder only excep-
ted.) In which Cases you shall likewise have power upon extra-
ordinary occasions to grant Reprieves to the Ofieuders until], and
to the intent, our pleasure may be known therein. And Wee doe
hereby give and grant unto you, the said Earle of Bellomont, by
your selfe, your Captaines and Commanders by you to be authoi'-
ized, full power and authority to levy, Arme, Muster, Command
or imploy all persons whatsoever residing Avithin our said Province
of New Hampshire; and as occasion sliall serve them to Trans-
ferre from one place to another for the Resisting and withstanding
of all enemies, Pirates and Rebells, both at Land and Sea and to
Transport such forces to any of our Plantations in America, as
occasion shall require for defence of the same against the Invasion
or Attempts of any of our Enemies; and them if occasion shall
require, to prosectite in or out of the limitts of our said Province
or Plantations or any of them, And if it shall please God, them
to vanquish, apprehend and take, and being taken either accord-
ing to the Law of xirmes to putt to death, or keep and preserve
alive at your discretion, and to Execute Martiall Law in time of
Invjision, Insurrection or warr, and during the Continuance of
the Same; as alsoe upon Souldiers in pay, and to doe and Execute
all and every other thing and things which to a Captaine Generall
doth or ougiit of Right to belong, as fully and Amply as any our
Captaine Generall doth or hath usually done: And Wee hereby
give and grant unto you full power and authority by and v/ith the
advice and Consent of our said Couneill to Erect, raise and build
in our Province, such and soe many forts, Platforms, Castles,
Cittyes, Bnrroughs, Townes, and fortifications, as by the advice
aforesaid shall be fudged necessary; and the same or any of them
to fortify and furnish with Ordinance, Ammunition and all other
sort of Amies fitt and necessary for the security and delence of
our said Province, and by the advice aforesaid, the same againe or
any of them to demolish or dismantle as may be most convenient.

IC'JS.] BELLOMONT'S COMiMISSION. 309

Wr.K vov. iii.KKr.Y <>iv(' ;iii(l uraiit uiilo you, tlic said Earlc of
BoUomoiit, lull pttwci- and Autliority to Kirct oiio or moro Tourt
or Courls AdiiiiniU, within our said I'rovim-o, lor the lieurin^- and
deteruiining all ]\larinc and other Ctuiscs and nuittcrs proper to be
lieai-d (l)ereiii, Avith all Kca-^ouabk; and ii(!cessary p'>\vor9, AiiUku--
itics, fees, and ]»rivi]e(l<4es, as alsoe to exercise all i)()wcrbeloiioii|o-
to the place aiul oltice of Vice Admiral!, of ami in all the Seas and
Coasts belon;uiuy to your (Jovernment, according to such Couunis-
siou, Authority, and Instructions as you shall receive from our
Selfe under the 8eule of our Admiralty; or from our hifiii Admi-
rall or Commissioner for Kxecuting the office of Jjord high
Admirall of our foreign IMantatious, for the; time being; And
i-'Oii.vsMiX'ii as divers mutinies and disorders doe hai)pen by per-
sons shipped and lmi)loyed at Sea, to the end therefore that such
persons may be the better (ioverned and oidered, we doe hereby
give and grant unto you the said Earle of JJellomoiit, our Cap-
taine Cenerall and (Jovei'uor in Chicle, full power and Authority
to Constitute anil apijoint Cai)taines, Masters of Shii)ps and other
Commanders, and tt) grant to su(;li Captaines, Masters of Shi])ps
and other Conmiauders, Commissions to execute the Law Martiall
and to use such proceedings. Authority, Punishment, Correction,
and Kxecutiou, upon any Oli'ender or Oflenders which shall be
mutinous, Seditious, disorderly, or any way unruly either at Sea
or during the time of abode or residence in any of the ports,
Harbours, or Bays of our said Province or Territories as the
Cause shall be tbuud to require, according to ]\Iartiall Law:
Pkovidkd that nothing herein contained shall be construed to
the enabling you, or any by your Authority, to hold I'lea or liave
jurisdiction of any Otfence, cause, matter or thing committed or
done upon the higli Sea or wiihin any of the havens, Pivers. or
Creekes, of our said Province or Territories under your Covern-
ment, by any Captains, Comman(l(-'rs, Lieutenants, master or
other officer, Seaman, Souldier, or person Avhatsoever, who shall
be in actuall Service and pay in and on board any of our Shijjps
of warr, or other vessels, acting by inunediate Conunission or
AVarraut from our Conunissioners for executing the office of our
High Admirall of England, under the Scale of our Admiralty or
from our High Admirall of England for the time being. But that
such Captains, Connuander, Lieutenant. Master, officer. Seaman,
Souldier, or any other person soe ofiending shall be left to be i)ro-
ceeded again.-t and tryed, as the meritt of their otfences shall
recjuire, either by Commission under our (ireat Scale of England,
as the Statute of the Twenty-IOight of Henry the Eight directs, or
by Commission from our said liigh Admirall, according to the Act
of Parliament jjasscd in the thirteenth year of the Peigne of the
late King Charles the Second, Entitled, Act for Establishing Ar-
ticles and Orders for the regulation aiul better Covernment of his
Maj'^" Xavys Shipps of warr, and forces by Sea, and not other
wise; saving (mly, that it shall and may be lawful for you upon
any such Captain or Commander refusing or neglecting to execute,
or upon liis negligent or undue execution of any of the written
orders he shall receive from you for our service, and the service ot
our said rrovince, to suspend him the said Cap' or Commander

810 PROVINCE OF NEW-HAMPSHIRE. [1098.

from the Exercise of his said office of Commander, & commit him
into safe Custody cither on board his own shipp or elsewlicre, at
the discretion of you in oriler to his beiiij^^ l)r<)ii,i;ht to answer for
tlie same by Commission, under Our Great beale of Eiij^laud or
from our said High Admirall as is before Expressed In Which
case, our will and pleasure is that the Cap* or Conniiander sue by
you suspended, shall, during such liis suspension and Committ-
ment, be succeeded in his said office by sucli Commission or warrant
officer of our said 8hipp, appointed by our Connaissiouer for exe-
cuting the office of our iiigh Admirall of Englantl or by our high
Admirall of England for the time being, as by the knowne prac-
tice and discipline of our Navy does and ouglit next to succeed
liim, as in case of death, sicknesses, or other ordinary disability
happening to the Commander of any our shipps of warr, and not
otherwise, you standing alsoe accountable to us for the trutli &
Importance of the Crimes and Misdemeanors, for which you shall
soe pr(K-eed to the suspending of such our Captain or Com-
mander; Provided alsoe that all such disorders »fc misdemeanors
conuiiitted on shore by any Capt., Commander, Lieutenant, Mas-
ter, or other officer, seamen, souldier, or i)erson whatsoever
belonging to any of our shipps of warr or other vessels acting by
immediate Commission or Mai'rant from our Commissioners for
Executing the Office of our High Admirall of England, under the
Scale of our Admiralty or from our High Admirall of Eiigland
for the time being, may be tryed and punished according to the
Lawes of the place where any such disorders, offences and misde-
meanors shall be soe committed on shoare, notwithstanding such
offender be in our actual service, and born in our pay on board
any such our shi])ps of Warr, or other vessels acting by Ime-
diate Connnission or Warrant from our Commissioners for execut-
ing the office of our High Admirall, or from our high Admirall as
aforesaid, soe he siiall not receive any protection for the avoyding
of justice, for such offences Committed, on shoare, from any pre-
tence of his being lmi)loyed in our service at Sea: Ouk avill
AND pleasure [is] that all jjublicke moneys raised or to be raised
within our said Province, and other the Territoi-ies depending
thereupon, be issued out by warrant from you by and with the
Advice and consent of the Councill, and disponed of by you for
the sup])ort of the Government and not otherwise: And wke
doe hereby likewise give and grant unto you full power & Au-
thority by and with tlie advice of our said Councill, to agree with
the Inhabitants of our Province and Territories aforesaid, for such
Lands, Tenements, And Hereditaments, as now are or hereafter
shall be in our power to dispose of, and them to grant to any per-
son or persons for such Teai nies and under sucli moderate Quitt
rents. Services, and acknowledgements to be thereupon referred
unto us, as you by and with the advice aforesaid shall think fitt,
which s'' grants are to i)ass and be sealed, by our scale of New
Hampshire, and being enteretl upon Record by such Officer and
Officers as you shall appoint theicunto, shall be good and effiectuall
in Law against us, our heires and Successors. And w ee do hereby
give you full power to appoint fail es, Marts, & Markets within our
said Proviuce as you, with the advice of our said Councill shall

1698.] BELLOMONT'S COMMISSION. 311

tliiiik fiH, and lo ordiT & npiioiiit suoli and soo iiKiiiy Ports, Har-
bours, Bays, llavt'iis and otlicr places, lor tlic Convenience and Se-
curity ol'sliipjiinjiand lor liic better loadinj^and nnloadinjjrolyoods
and niercliandizes, in such and soe many i)la(!e<, as by you with
the Advice and Consent ol' our said Councill, sliall be tliought fitt
and Convenient, and in tiieni or any of them to erect, Nominate
and appoint. Custom Houses, Ware houses, and ollices reflating
thereunto, and tiiem to alter, <'lian<j;e, i)laee or displace from time
to time, as witli the advice aforesaid, shall be thouiiht fitt. Ani>
AVKK doe, by these presents Will, require and Command you to
lake all possible care for the discountenance of vice and encourag-
iujx of virtue and yood Living, that by such examples the Intidells
may be invited and desire to partake of the Christian faith: And
FUitTiiKU our will and pleasure is, that you shall not at any time
liereafter, by colour of any power or Authority hereby granted
or mentioned to be granted, take upon you to give, grant or dis-
pose of any OtRce or place within our said Province and Territo-
ries, which now is or shall be granted under the Great Scale of
England, any further than that you may, upon the Vacancy of
any such ofRce or Suspension of any Otllcerby you, putt in any
person to officiate in the intervall, untill the said place be disposed
of by us under the Creat Scale of England, or that our directions
be otherwise given therein ; And Wke doe hereby require &
Command all officers and JVIinisters Civil and JNIilitary, and all
other Inhabitants of our said Province to be obedient, Ayding
and Assisting unto you the said P]arle of Bellomont, in the execu-
tion of this our Commission, & of the powers and authorities
therein contained; and in case of your death or absence out of our
said Province, unto such person as shall be appointed by us to be
our Lieutenant Gov(!rnor or Commander in Chiefe of our said
Province, to whom we doe therefore by these presents, give and
grant all and singular the powers and Authorities aforesaid to be
executed and enjoyed by him during our i)leasure, or untill you
returne to our s'' Province: And if upon such death or absence
there be noe person upon the place Connnissionated by us to be
Commander in Chiefe, Ouii will and pleasure is that then the
present Councill of New Hampshire, doe take upon them the
administration of the Government and Execute this Commission,
and the severall powers and Authorities therein contained, and
that such Counsellor who shall be at the time of your death
residing within Gun Province of New Hampshire, and Nominated
in our Instructions to you before any other at that time residing
there, doe preside in our said (Jouncill, with such powers and in-Q-
heminences as any foi-mer President hath used aiul enjoyed within
our said Province, untill our jjleasure shall be knowen "therein, or
your return as aforesaid. Lastly, wee doe hereby ordaine and
a])point that you the said Earle of Bellomont shall and mav hold.
Execute, and enjoy the Office and place of our (Governor & Com-
mand(>r in Chiefe, in and over our Province & Plantation of New
Hampshii-e, together with all & singular the ])owers and authori-
ties hereby granted unto you, for and during our ])leasure, imme-
diately upou your Arrival! withiu our said I'rovince of New

312 PROVINCE OP NEW-HAMPSHIRE. [1698.

Hami^shire, and the rublication of this our Commission, from
which time our Connnission to our Trusty and well beloved Sam-
uel Allen, Esq., to be Governor and Commander in Chiefe of
our said Province of New Hampshire, is im-mediately to cease &
become voyd; & In Witness whereof, wee have caused these our
letters to be made Patents. Wittnesse Thomas Archbishop of
Canterbury, and the rest of the Guardians and justices of the
King-dome at Westminister, the Eighteenth day of June, in the
Ninth year of our Reigue.

Chute.

A Commission for Adviinistering the Oath to the Governor of

New Jiamjjsfiire.

[Commissions, &c., in the Secretary's office.]

WILLIAM the Third, by the Grace of God, of England,
Scotland, France and Ireland, King, Defender of the Faith, &c:
To our trusty and well beloved Edward Randolph, Francis Fox-
craft, Nathaniel Bylield, Benjamin Bullivaut, Robert Elliott, John
Hincks and Thomas Newton, Esquires, or any five of the mem-
bers of the Councill, and the Collector of his Maj"''^ Customes, for
the time being, within our Province of New Hampshire, Greeting:

Whereas — [here the several Acts of Parliament relating to
taking the oath are referred to] — Wee, therefore Reposing espe-
cial Trust and Confidence in you. doe hereby appoint, & author-
ise you, the said Edward Randolph, Francis Foxcraft, Niithaniel
Byfield, Benjamin Bullivaut, Robert Elliott, John Hincks and
Thomas Newton, or any five of the members of the Council, and
the Collector of his Maj'ties Customes for the time being', Avithiu
our Province of New Hampshire, or any three or more of you, to
administer the following oath to the Governor or Commander-in-
Chiefe of our s*^ Province of New Hampshire; and in case of the
absence, death or removal of soe many of you, the Commission-
ers, that there aie not a sufficient Number remaining to adminis-
ter the said oath, — Our further will and pleasure is, that any three
or more of the Councill in the said Province for the time being,
shall be and are hereby appointed and Impowered to administer
the said Oath to the Governor or Commandcr-in-Cheife in the said
Province, for the time being; — In Witnesse whereof Avee have
caused these our Letters to be made Patents. Witnesse, Thomas,
Archbishop of Canterbury, and the rest of the Guardians and
Justices of the Kingdorae, at Westminster, the thirtieth day of
April, iu the ninth year of our Reigne.

Tiievor: Dawling.

OATH.

I, A. B.., Governor of the Province of New Hampshire, in
America, doe solemidy sweare to doe my utmost, that all the mat-
ters and things contained in au Act of Parliament made in Eug-

169').] EECORDS OP COUNCIL. 313

land, in the twelfth year of the reign of his late Ma'f" King
Chailo^: y'^ Socond, entitled an Ai-t for encouraging and ciicreasing
of slii|)])iiio- and Xavigation, and one other A(;t niadi-, in the tif-
teenth year of his said late Ma j'''"* Jieign, ejititled an Act for tiie
Eueoiiragonient of Traiie ; ami ilic Act made in tiu; ."^oventii and
eighth years of his present IMaj'ties lleigne, p]ntitled an Act for
preventing frauds and regulating Ahuses in the; i)Ianlati()n Trade;
and alsoe, all other Acts wliicli have been made for the better
regulating and securing the Plantation Trade, shall be ])unctually
and ((>"//(/. /rV/c observed according to the true intent and meaning
thereof so farr as appertains to me the Governor of the said Pro-
vince of New Hampshire.

SoE HELP ME God.

COUNCIL RECORDS,

Fro7n 31^' Juli/, 1699, to Sept., 1701.

[ Copied from orifrinal Council "Records in the Secrctaiy's ofiice. Fij^ures in
the mar^'iii, denote the page of MS. Keeords.J

P. 1. Province of New Hampshire.

At a Council held at Portsmouth, Luujb die,
July ultimo, xVnno 1699, ante meridiem.
Present.
His Excellency Richard, Earle of Bellomont, Captain
General <fec.

William Partridge, Esq. Lieut. Governor.

Jno. Hinks, Esq. ) Peter Coffin \

Nath. Fryer, Esq. \ Robert Elliott [ Esqs.

John Gerrish )
His Maj'tys Letters Patents constituting his Excellency
Richard, Earle of Bellomont* Capt Genei-'^ and Govern"" in

* The E:irl of Bellomont was born in the County of Sligo, Ireland, in the year 1636.
His grsinilfather, Sir Charles Coote, was a "soldier of fortune, trained in the wars of
Elizabeth," and distinguished himself by his ferocity in Ireland, in the reign of
Charles I. Kichard Coote, the Earl's father, was the third son of Sir Charles, and
brother of the P^arl of Mountrath ; and, having co-oj)erated in bringing about the Res-
toration, was, in IGCO, created Baron of Coloony, (Irel'd.) He (lie<l<>n the IGth of July,
1683, and was succeede'l in his title and estates, by his son Kichard, wlio went over

314 PROVINCE OF NEW-HAMPSHIRE. [1G99.

Cliief in & over his Maj'tjs Province of New Hampshire,
was read and published.

His Maj'tys Commission unto his Excellency Richard,
Earle of Bellomont, to be Vice Admirall was produced in
Council.

His Maj'tys commission for administering the oath ap-
pointed by an Act of Parliament made in the seventh and
eighth year of his present Maj'tys reign, that all Govern-
ors shall observe all the Clauses, matters and things con-
tained in the several acts of Parliment in that Act recited
and in that present Act was also read.

The oaths appointed by Act of Parliament instead of the
Oaths of Allegiance and supremacy, were by the Council
administered unto his Excellency Richard Earl of Bello-
mont, also his Excellency repeated and subscribed the Dec-
laration and Association and took the Oath enjoined by an
Act of Parliament made in the seventh and eighth year of
his present Maj'tys reign, to observe all matters and things
contained in y** severall Acts of Parliament in that Act re-

to the Continent after the accession of James II, anil was one of the first to espouse
the interest of tlie Prince of Orange. In 1G88, he became a member of Parliament for
Broitcoriclv in Worcestershire. In March, 1G89, he received the appointment of Treas-
urer and Receiver-General to Queen Mary, consort of William III., whereupon, the
Parliament held at Dublin, by James II, pronounced an attainder against him. The
displeasure of the fallen Monarch, however, only served to secure the favor of William
and Mary; and, on the id November, 1G8'J, he was advanced to the dignity of Earl of
Bellomont. He married, in 1660, Catharine, daughter and heiress of John Nanfan,
Esq., of Birch Monton, in the County of Worcester, and had issue two sons, Xanfan
and Richard, who successively inherited their father's title.

On his arrival, in this country 1699, as Governor of New-York, Massachusetts and
New Hampshire, he was received with the greatest respect; and he took every method
to ingratiate himself with the people. He was condescending, affable and courteous,
and rendered himself very popular in his Government. Short as was his administra-
tion, he obtained a larger sum, as a salary and gratuity, than any of his predecessors.
His last meeting with the Council and General Assembly of New Hampshire, was the
17th of August, 1609. In May, 1700, he took leave of Massachusetts, and went to
New York — of his administration in that Colony a full account maj' be found in the
Col. Hist, of N. Y. Vol. Ill, IV, V, &c. The Earl of Bellomont died in New York,
March 5, 1701. He was interred with becoming honors in the chapel of the fort at the
Battery; but, afterwards, when the fort was taken down and the Battery leveled, in
1790, the leaden coffin was removed and finally deposited in St. Paul's Church Yard,
N. Y. The Countess of Bellomont soon after his decease returned to Ireland, and
died at the family seat in the County of Sligo, 12th March, 1728, in the 93th year of her
age.— CoZ. Doc. A". Y., Vol. IV. p. 851, note, and Holmes' Am. An. Vol. I. p. 481.— Ed.

IGOa.] RECORDS OF COUNCIL. 315

citotl and in fliat present Act before the Council and Samp-
sou Sheafe, Deputy Collector of his Maj'tys Province of New
Hampshire and IVIaiuc ; and also took the Oath duoly to ex-
ecute the ])lace of Capt. Croner" and Governor in Chief, in
and over this Province.

Lieut. Govern'' Wm. Partridge Esq. took the Oaths ap-
pointed instead of the oaths of Allegiance and Supremacy,
repeated and subscribed the ]X:!claration and Association,
also took the oath to observe all the Clauses, matters and
things contained in the several Acts of Parliament recited
in an Act made in the seventh and [p. 2.] eighth year of
his present Maj'tys reign entitled an Act for preventing
frauds and regulating abuses in the Plantation Ti-ade, and
all the clauses, matters and things contained in said Act ;
and took the oath duly to execute the place of Lieut. Gov-
ernor during the aljsence or upon the death of the Earle of
BellouKjut, also took the oath of Privy Councillor.

John Hinckes, Nathaniel Fryer, Peter Coffin, Robert Elli-
ott and John Gerrish, Esqs. took the oaths appointed by
Act of Parliament, instead of the oaths of Allegiance and
Supremacy; repeated and subscribed the Test and Associa-
tion, and took the oath of Privy Councillor. Samj)son Sheaf
being appointed by his Excellency Secretary of this Prov-
ince took the oaths appointed by Act of Parliament instead,
of the oaths of Allegiance and Supremacy, and repeated
and subscribed the Association and Declaration.

Ordered, that Writs be issued out for calling an Assembly
to sit at Portsmouth on Monday tlie seventh day of August
next, at nine of the clock in the morning.

A Petition being delivered unto his Excellency and Coun-
cil of Mr. Richard Waldron, Major William Vaughan, and
Capt. Henry Dow presented by the hands of the said Rich''
Waldron against the Judges of the Supreme Court of Judi-
cature in this Province : —

It is therefor ordered by his Excellency by and with the
advice and consent of the Council, that Proclamation be

316 PROVINCE OF NEW-HAMPSHIRE. [1G99.

made for the continuance of the Justice of the peace and
constables only in their respective places for conservation
of the Peace until further order.

The CJouncii having advised his Excellency to remove
"Wm. Ardell from being High Sheriff of this Province, as
being a person who lives remote, also a great Swearer, giv-
en unto drinke and abusive in his drinke, and of no visible
Estate in this Province, and therefore very unfitt for the
place of High Sheriff: —

It is therefore ordered that the said Ardell be discharged
from said office of High Sherriff, and that Richard Josse be
High Sherriif for the ensuing year, that is until IMichaelmas
Day come twelve month Anno Domi, one thousand seven
hundred, and that the Secretary do draw up a Commission
for said Josse accordingly.

[p. 3.] At a Councill held at Portsmouth, Martis die,

August Prime, Anno 1699 ante meridiem.

Present.

His Excellency Richard Earle of Bellomont, Capt.

General &c.

Wm. Partridge, Lt. Governor.

John Hinckes ) -^ Robert Elliott )

Nath. Fryer \ ^^^^' ' Peter Coffin [ Esqs.

John Gerrish )

His Excellency moved to the Council that it would be
convenient to propose to the Assembly that the Supreme
Court of Judicature be revived in some convenient time ;
that soe those causes which should have been tried at the
said Court which should have been held tliis day by adjourn-
ment, may proceed as if said Court had not ceased.

Ordered, that a bill be prepared accordingly to be laid
before the Generall Assembly at their meeting on tlie

1C99.] RECORDS OF COUNCIL. 317

seventh day of this present montli of Angust and that the
Lieut. Govern'', AVm. Partridge, E.sq. and Robert Elliott,
Escj. he a Connnittee to ])repare said bill and that JMr, Rich-
ard Waklron be added unto and be one of said Committee.

Nathaniel Ware, Esq. nominated in his Maj'tys instruc-
tions to be one of the members of the Council for this
Province, being sent for appeared, and desired, upon con-
sideration of his age, and remote living he mignt be dismist
from said service, which was accordingly allowed him.

His Excellency moved that a bill be prepai-ed for the due
qualification of Jurors to serve in the several Courts of Jus-
tice within this Province, to be laid before the Assembly
when convened.

Ordered, that the said bill be referred to the same Com-
mittee.

His Excellency moved that a Inll be prepared for con-
tributing toward the charge of erecting and building a con-
venient Fort on New Castle Island in this Province for his
Majcstys service, to be laid before the Assembly.

Ordered, that it be referred to the same Committee.

His Excellency moved further that a bill be prepared for
the restraining and punishing Privateers and Pirates.

Ordered, that it be referred to the same Committee.

His Excellency moved that a bill be prepared for facili-
tating the conversion of Indians and Negroes.

Ordered, that it l)e referred to the same Committee.
[p. 4.] His Excellency proposes unto the Council, that
notwithstanding the Indians have a mind to see and treat
with him about their allegiance to his Majesty, that Capt.
John Hill, commander of Sacoa Fort, be ordered to send
immediate notice to the said Indians of his Excellencys
appointment of seeing their principal Sachamorcs at Ports-
m" upon Thursday the tenth day of this present month of
August, for the end aforesaid, to which proposal the Coun-
cil doe consent.

Richard Joss commissionated l)y his Excellency to be

318 PROVINCE OF NEW-HAMPSHIRE. [1699.

High Slicriffe until Michaelmas of the ensuing year Anno
one thousand seven hundred, took the oaths appointed by
Act of Parliament instead of the oaths of Allegiance and
Supremacy, repeated and subscribed the Declaration and
Association, and took the oath of being faithful in the office
of Sheriffe according to the form thereof, before his Excel-
lency and Co^mcill.

Adjourned till Saturday next nine a clock before noon.

At a Council held at Portsmouth, Sabbati die,

August Quinto, Anno 1699, ante meridiem.

Present.

His Excellency Richard Earle of Bellomont Capt.

General &c.

Wm. Partridge, Esq. Lt. Governor.

John Hinckes, Esq. Nath Fiyer, ) -p

Robert ElHott, j ^^^^'

Capt. John Hill commander of Sacoa Fort waited upon
his Excellency this day in Coimcill and gave the following
account concerning the Eastern Indians viz.

That on yesterday the fourth day of this instant August, two of
the chief Indians named Bombazeene and Eskumnitt came unto
him, said Hill, at Socoa, and that tliey enquired of him concern-
ing the great Govern'' and being told by him that his Excellency
■was at Piscataqua, they seemed to be very glad, and said if the
great Governor would appoint a time and place where they should
meet with him, they would go and call a Council of their Indians
and then they would consider what to do ; that Bombazeen told
him all those lands belonged unto his uncle Moxis, the Chief
Sachamore of that place, and saith that those Eastern Indians
carry themselves very surly and insolently and doc say that the
English shall not repossess and enjoy the Lands in the [p. 5.]
Province of Maine, otherwise than by agreement with them. Said
Hill further advertizeth, that the Indians have three Forts, one at
the head of Kennibeck River called Narregawock, another Fort at

109(1.] RECORDS OF COUNCIL. 319

Ammis Cog'gin called Secnnti, being a branch of Kcnnibeck Kiver
to the Westward, the third Fort as he understands lies by a great
Pond between those two Forts and that in each of these Forts are
French Priests, Missionaries, who do instruct the Indians in the
lloniisli liciigiou.

Ordered, that Caj)!. Hill doc acquaint the said Eastern
Indians tiiat this place of Portsm" is the place where his
Excellency appoints to see them, and that the said Capt.
Hill do take care for their safe and convenient coming and
that Monday next seven-night heing the fourteenth instant
he the day his Excellency appoints for treating with them,
and that if they say they cannot be here at that time, the
said Capt. Hill may propose their coming to his Excellency
at Boston.

His Excellency acquainting the Board with his Maj'tys
orders to him strictly to forbid all his Maj'tys subjects or
others inhabiting within the districts of his government
holding any correspondence with, or giving any assistance
to any person or persons who have been fitted out of Scot-
land and are said to have settled in a certain place in the
West Indies, by them called Calladonia, or to enter into any
traffic or commerce with them or any of them.

It is thereupon ordered that Proclamation be made that
no provision, ammunition or other necessaries whatsoever
be transported or carried to them from this Province or
any part thereof, either in their own vessel or any other
Shipp or vessel for that use, and that the High Sheriff doe
make publication thereof in the several respective towns
within this Province in the usual manner. Adjourned to
Monday morning, Nine a clock.

320 PROVINCE OP NEW-HAMPSHIRE. [1699.

Province of New Hampshire.

[p. 6.] At a Council held at Portsm" the 18"' day of August,
being Fryday, Anno Domi. 1699, in y® evening.
Present.
The Honorable William Partridge, Esq. Lt. Governor.

John Hinckes ) -p Robert Elliott ) -p

Nath' Pryer \ ^^^^- Rich. Waldron \ ^^^^'

Mr. Charles Story being appointed Secretary of this Prov-
ince by his Excellency the Earle of Bellomont took the
oaths appointed by act of Parliament instead of the oaths
of Allegiance and Supremacy, and repeated and subscribed
the Declaration and Association.

Richard Waldron, Henry Dow and Theodore Atkinson,
Esqs., being appointed and commissionated Justices of the
Inferior Court of Common Pleas, took the oaths appointed
by Act of Parliament instead of the oaths of Allegiance
and Supremacy, and repeated and subscribed the Declara-
tion and Association, and took the oaths appointed by an
Act of Assembly of this Province, entitled an Act for
establishing Courts of public Justice within this Province,
as also the Justices oath.

Mr. Henry Penny being appointed Clerk of the Inferior
Court of Common Pleas of this Province, and Clerk of the
Peace, took the oaths appointed by Act of Parliament in-
stead of the oaths of Allegiance and Supremacy, and
repeated and subscribed the Declaration and Association.

Ordered, that the Secretary of this Province doe send
forth orders to all officers Civil and Millitary within this
Province, to appear before the Lt. Govern'' and Council at
Portsm" on Fryday next, being the 25*^ of August inst. at
10 a clock in y® forenoon, in order to take y® oaths appoint-
ed by law, and to receive y'' commissions.
[p. 7.] Ordered, that Mr. Sam" Comfort, late Clerk of
the Inferior Court of Pleas and Clerk of the Peace, deliver
up all Books, Papers, and Files of the Public Records be-

1G09.] RECORDS OP COUNCIL. 321

longing to those Conrt.s and this Province into the hamls of
Me. Henry Penny now appointed to those ofhces, and tliat
the Secretary do issne forth an order accordingly.

Province of New Hampshire.

At a Council held at Portsm" on Friday
the 25"' August, Anno Domini, 1099.
Present.
The Honourable Wm. Partridge, Esq. Lieut. Governour.

John Hinkes ) p Peter Coffin )

Nath" Fryer i ^^^^' , Rich. Waldron [ Esqs.

John Gerrish )

John Hinckes, John Gerrish, Nath. Fryer, Peter Coffin,
Henry Green, Nath. AVare, John Plaisted, Sam. Penhallovv,
Moses Levitt, Wm. Yaughan, John Woodman and Henry
Dow, Esq., John Pickering, Tobias Langdon, John Snell,
Simon Wiggin, Nath. Ayres, John Shirburn, John Tuttle,
Jacob Green, John Smith, Nath" Hill, Joseph Swett, Sam"
Marston, John Gove, Hate-evil Roberts, James Levitt, James
Davis and Stephen Jones took the oaths appointed by law,
instead of the oaths of Allegiance and Supremacy and
signed the Test and Association and had their Commissions
delivered to them by the Lieut. Governor Partridge.

John Gerrish, Nath" Fryer and Peter Coffin ; Henry Green
Nathaniel Fryer, Peter Coffin, Sam. Penhallow, Moses Lev-
itt, Wm. Vaughan, John Woodman and Henry Dow took
their oaths as Justices of the Peace for this Province ; and
the said John Woodman, Esq. took the oath as Justice of the
Liferior Court of Common Pleas after the form mentioned
in an Act of Assembly entitled an Act for establishing
Courts of Justice within this Province, as also John Hincks
Esq. took the oath of Chief Justice of the Supei-ior Court
of Judicature, and Peter Coffin, John Gerrish and John
21

322 PROVINCE OF NEW-HAMPSHIRE. [1699.

Plaisted, took the oaths as Justices of said Superior Court
after the form in the said Act mentioned,
[p. 8,] Peter Coffin, Esq. one of his Maj'tys Council
deposed upon oath that about three years since attending
his Maj'tys Council at Newcastle and coming directly
thence, he met with Mr. Shadrach Walton, who treated him
the Deponent with misbecoming reviling language, and
threatened to break the Depon** head, &c.

Theodore Atkinson, Esq. signed and swore to a deposi-
tion in writing relating to the Barque Hopewell, whereof,
James Mountais was owner, and the said deposition was
delivered to the Lieut. Govern^

At a Council held after the adjournment of the Assembly
about six of the clock in the evening, on Monday IS***
7ber, 1699.

Present.
Wm. Partridge, Esq., Lieut. Governour.

Jno. Hinkes ]

Robert Elliott | Esqs.
Richard VValdron }

Lewis de Rine a Frenchman, appearing before the Coun-
cil and being looked upon as a vagabond or spy, & having
been examin'', several questions being put to him, was found
to be guilty of telling several horrid lyes of suspicious
consequence.

Ordered, that the said Lewis de Rine be sent to Goale
till further order, and that the Mittimus be directed to the
Sherriffe and that he be allowed sufficient provisions.

1G90.] RECORDS OP COUNCIL. 323

At a Council held at Portsin" the 10'"
of December, Anno Dmi. 1G99.
Present.
The Hon""' William Partridge, P]sq. Lt. Govern' and Com-
mand'' in Chief.
John TFinkcs ) ^ Capt. Jiio. Oerrish ) ^

Robt. Elliott \ ^^^^' Richard Waldron \ ^^^^'

The Lieut. Governor was pleased to acquaint the Council
that Oliver Andrews, John Swallow, Benjamin Garrwaj and
Sanil. Hatcher, who were lately committed by the Justices
for a Riot, and now in prison till their fines to the King be
paid, have by their several petitions, as on file, represented
their present incapacities and pray to be put into some ser-
vice to enable them to satisfie the same, complaining also
of the great hardships they are like to suffer by their
continuance [p. 9. J in prison this cold season.

The Sheriff having also by liis petition, as on file, to the
Lieut. Govern'' and Council, set forth the insufficiency of
the prison, and that the prisoners are in danger to perish
by the cold not having wherewith to pay y'' fines : —

Whereas the aforesaid prisoners did belong to the shipp
Charles and Sarah, whereof Capt. Edward Willimott is at
present commander, the said Willimott did appear before
the Liout. Govern'' and Council and pray the Lt. Govern"^
favor to remit the one half of their fines, the better to en-
able them to make friends to procure the rest : which being
granted, it was ordered that the Sheriffe do deliver to Capt.
Willimott aforesaid the several prisoners aforenamed ; — he
paying the remainder of their fines and charges ; but in
case the said Capt. Willimott shall refuse to do the same,
that then the Sheriffe to dispose of such prisoners to whom
he shall think most discreet, that they shall be put into sucli
service as the Kings fines may be secured thereby.

Whereas, there is several arrears in the hands of the late
Constables upon the Acct. of the four hundred pound Prov-
ince Rate made in the year 1698,

324 PROVINCE OF NEW-HAMPSHIRE. [1699.

Ordered, Mr. Samuel Penhallow the present Treasurer
forthwith call the said Constables to ace* in order to pay in
the said money to him and he give receipts for y° same.

At a Council held at Portsmouth on Monday the

19'^ Febru^ 1699, post Meridiem.

Present.

The Honourable William Partridge, Esq. Lt. Governour.

Jno. Hinkes \ ^ Robert Elliott \ -p,

Nath. Fryer j ^^'^^' Richard Waldron \ ^^^^*

The Lt. Govern'' was pleased to give tlie Council to understand
that this day Capt. John Tuttle of Dover with some other of the
inhabitants of said town had been to inform him that the Indians
late conversant at Cochecha were all suddenly withdrawn, and that
they depaited on Thursday night last, supposed to be occasioned
by an Indian that came that afternoon [P. 10] out of the woods,
and made all dispatch to gather all the Indians together, with
whom he went away that night. Some of the Squaws who seemed
to be well affected to the English discovered a great deal of sor-
row, saying they should never see them again, and by their whole
carriage gave occasion of suspicion that the Indians cVisigned mis-
chiefe aga^' us, and therefore desired the Councils' advice ; — who
thought meet that the Lt. Govern'' forthwith issue out his order to
the Major of the Militia of this Province, with all expedition re-
quiring him to command all the Capt* of the several towns that
they immediately appoint Watch and Ward in their several Pre-
.cincts, and that they continue so till further order; and likewise
take care that if any Indians come into any of the towns in a
lieaceable manner they may be civilly treated.

And further that the Lt. Govern"" do likewise signify to his Ex-
cellency Richard Earle of Bellomont, the proceedings above men-
tioned, and pray his LordPP' direction therein.

1C99.] RECORDS OF COUNCIL. 325

Fruviuce of New irani]).sliirG.

At a Council Iicld at Portsmouth, the 15"' March
1G99, on Friday in the afteruoon.
Present.
The Honourable Wni. Partridge, Esq. Lt. Govcrnour.

Jno. Hinckes ) ^ Peter Coffin } p

Nath. Fryer \ ^^^^- Richard Waldron \ ^^'l*^'

The Lt. Govern'' ])roduced a letter at this Board from his
Excellency Richard Earle of Bellomont, dated at Boston,
the 12"' instant, wherein he did signify that he had advice
that the Indians were meditating mischiefe against the
English, and that they really intended to make a gene" in-
surrection in a very short time, and withal advised the Lt.
Govern"" not to faile to communicate the same to all the
Towns within this Province immediately, which the Lt.
Governor signified he had accordingly done, and thereupon
it was ordered,

[p. 11.] That the Secretary do forthwith signifie unto Major
William Yaughan that it is the express command of the
Lieut. Govern"" with the advice of the Council, that he take
effectual care to give strict orders to the several Capt'' and
committees of the Militia in the respective towns within
this Province, to see that the inhabitants be furnished with
arms and ammunition according to law, that good ]\Iilitary
watches be set up and Scouts kept out, and that Gan-isons
and Fortifications be immediately rc})aircd and put in order,
or new built in convenient places for the better defence of
his Maj'tys subjects.

And further, that the several Capt' doe list a quarter part
of tlie number of traine soldiers under their command, to
be ready at an hours warning with arms and ammunition,
to march to the reliefe of any that may be in distress, in
case the Lidians should attempt the destruction and annoy-
ance of any of his Majcstys subjects within this Province :
however, if any Lidians appear peaceably that they Ije civilly
treated.

326 PROVINCE OF NEW-HAMPSHIRE. [1700.

Province of New Hampshire.

At a Council held at Portsmouth, on Monday tlfe

20'*' of May, 1700, in the forenoon.

Present.

The Hon^"^ Wm. Partridge, Esq. Lt. Govern^

John Hinkes \ y Robt. Elliott / ^

Nath. Fryer j ^^"^^^ Richard Waldron j ^^'^^•

Wate Winthropp, Esq. produced a Commission to him
directed, for Judge of the Admiralty of this Province bear-
ing date the 22'' of May, 1699, in the eleventh year of King
Williams reign, wliich was read, approved and allowed of.

And then took the oaths appointed by Acts of Parlia-
ment instead of the oaths of Allegiance and Supremacy,
and repeated and subscribed the Declaration and Asso-
ciation.

Province of New Hampshire.

[p. 12.] At a Council held at Portsmouth the 22*^

day of November, 1700 post meridiem.
Present.
The Hon'-'^ Wm. Partridge, Esq. Lt. Govern^

John Hinkes \ p Robert Elliott )

Nath. Fryer \ ^^^^' Peter Coffin [ Esqs.

John Gerrish )

The Lieut. Govern'' was pleased to move to the Council
that a day of Thanksgiving be set apart for returning
thanks and praise to Almighty God for many blessings and
favors bestowed upon this Province : First in preserving his
Maj'ty King William in life and health, as also the people
here from the suspicions danger they lay under last Spring
of the year by that cruel and barbarous enemy the Indians.
For a plentiful harvest bestowed upon us this summer past ;
in preserving us with health ; and for the great Mercy of

1700.] RECORDS OF COUNCIL. 327

God ill granting us to live in peace and quietness under
this present Government ; —

And, namely, [mainly] for the enjoyment of the Gospel
and Gospel Ordinances. And for all other Ilis daily mer-
cies and blessings bestowed upon us from time to time.

Ordered, that Thursday the 12"' day of December next,
be set apart for a Thanksgiving Day as aforesaid ; and Mr.
Waldron, Mr. Hinkes and Mr. Secretary draw up Procla-
mation accordingly ; and that the same be sent to each
minister of every town in said Province in order to publish
the same.

[Prov. Rec. B. II. p. 271.]
Province of New Ham psl lire.

By the Hon. Wm. Partridge, Esq. Lt. Governour of said Province.
A PROCLAMATION

For a General Thanksr/iring Day.

Forasmuch as a grateful acknowledgment is due unto Almighty
God, for the singular favors and blessings we daily receive iVom
his Divine bounty; And, moreover, considering the manifold
mercies which otherwise we are made the subjects of; as tirst, in
the preservation of our gracious sovereign King William in life
and health ; his kingdoms and dominions in peace and tranquillity ;
and, e.specially in favouring this, his Majesty's Province, with
many and singular instaiu^'s of Divine goodness the year past —
particularly, in general health, preventing of contagious mortal
sicknesses, which have prevailed to some degree, in other the
Finglish Plantations; in bringing to maturity a harvest so much
beyond our expectation, considering the long drought which
threatened a great scarcity; — and, in granting us to live in peace
and quietness under this ])i-esent government; And, that not-
withstanding the appearance of a new Indian war the last spring,
by the blessing of (Jod, (in the extraordinary conduct of his p^x-
cell(Mi(;y the Earl of Bellomont our Governor) the storm is l)lowu
over; and by his wise and prudent negotiation with the Ma(iues
[Mohawks] and other of tiie live Nations of Indians at Albany,
we have a fair prospect of a (!Ontinuing peace with those our bar-
barous neighbors; and, what is of greater worth, namely, tiie
enjoyment of the Gospel and Gospel ordinances; — All which be-
8peaks a deep sense of our obligations to the great and divine Maj-
esty of Heaven.

In the returning of thanks and praise to Him for the same, I do,
therefore, by and with the cansent of lus Majestys Council, order

828 PROVINCE OF NEW-HAMPSHIRE. [1700.

and appoint Thursday, the 12* day of December next [to] be ob-
served and set ai)art throughout this Province, for tlie offering up
of publick Praise and Thanksgiving to tlie God of Heaven wlio is
the Giver and Bestower of All his mercies, — hereby exliorting
both ministers and people m their respective congregatioiis and
Assemblies, to a religious performance of the duties required on
such a day ; and commanding that all persons abstain from their
servile business and employments thereupon.

Given at the Council Chamber in Portsmouth, the 22'^ day of
November, 1700, in the twelfth year of his Maj'tys reign.

WM. PAKTEIDGE, Lt. Governor.
By order of the
Governor and Council.

Charles Story, Secretary.

[p. 13.] Province of New Hampshire.

At a Council held at Portsm" the 5**^
December, 1700, post meridiem.
Present.
The Hon^^"' Wm. Partridge, Esq. Lt. Govern^

John Hinkes ) -p John Gerrish ] ^

Robert Elliott j ^^'^^- Rich. Waldron \ ^^^^'

The Lt. Govern'' produced a letter to y" Board from the
Earle of Bellomont dated at York, the 17*^ Nov*"^, 1700,
where were inclosed a Letter from the Council Chamber at
Whitehall, dated the 18"' July 1700, as also a Letter from
the Lords Com''^ of Trade and Plantations dated at White-
hall, August 1^' 1700, which were both read and are as
follows.

, r^-^ . At the Council Chamber at AYhitehall, the 18"^ day of
^ L. s. ^ jiiiy^ 1700.

"^"^ Present.

Their Excellencies the Lords Justices in Councill.

^'It is this day ordered by their Excellencies the Lords Justices
in Council that directions be sent to the respective Governments

1700.] RECORDS OP COUNCIL. 329

of his ^[Mj't ys Plantations in America as well such as ai'e granted
ill ]in)[iri('(y, as such as are <iovornod by Coniniissioii froni hlu
!Maj"ty. tt) transmit an Acrt. to tlie Lords Com" lor Trade and
Phintatioiis in iiis most particular manner of the method of i)ro-
ccediiiii's in tlie several Courts ui)on trials of all sorts ol Causes in
the said Courts in those ])ai'ts respectively, and that the same be
comiiuiMicated by y"" Lordships to tiiis IJoard for his iSfaj'tys bet-
ter information in the det(!rminiii^ A]»peals from the Plantations;
And the Lords Com" for Trade and Plantations are to sij^nify
your Lxcelleucies pleasure herein to the said respective Goveru-
nients accordingly.

Signed

John Povey."
A True Copy,

Wm. Popple.

Whitehall, August the P' 1700.

[p. U.] My Lord,

Their Excellencies the Lords' Justices, having by order of
Coun(;il of the 18"^ of July last, required us to signify their i^ieas-
ure unto the respective Governments of his Maj'tys Plantati;)ns in
America, as well such as are granted in Propriety as such as an;
Governed by Commission from his Maj'ty relating to the method
of proceedings in the several Courts upon trials of all sorts of
Causes in the said Courts in those parts respectively. Wee s(>nd
your Lordships here inclosed a copy of the said order that \ou
may observe the same in transmitting to us the Ace"'* thereby re-
(juired with relation to his Maj'tys Province of New Hampshire,
so soon as possible.

We are, Aly Lord,

Yo' LordPP* most Humble Servants,

John Pollexfon, Ph. Meadows,
Abr. Hill, Geo. Stepney,

A. Prior.

Right Honorable the Earl of Bellomont.

Answer of s'^ Letter sent to the Lords Com" of Trade and Plan-
tations as follows, viz.

New Hampshire in New England, S"* xber, 1700.
May it please your Lordships —

I have lately rec'' from his Excellency the Earle of Bellomon^ a
letter dated at New York 17"' current, wherein came inclosed an

330 PROVINCE OF NEW-HAMPSHIRE. [1701.

order from y'' Lord'"''^ for transmittingr an ace" of tlie metliods of
proe('('diii<>- in the several Courts ui)oii trial of all sorts of caifses
Avitliiii tills his Maj'tys Province of New Hampshire: In obedi-
ence whereto. I have here inclosed a Copy of a Law of this Prov-
ince for estahlishino- Courts of Judicature for trial of all causes
within the same, wherein all methods of proceeding therein are
particularly mentioned, & a special regard had to the direction of
liis JNIaj'tys Commission in matters of Appeal to which I most
humbly refer your Lordships and beg leave to subscribe,
May it please your Lordships,

Your most humble and obedient servant.

Wm. Partkidoe,

Lieut. Gove^

Province of NewHampshire.

At a Council held at Portsm" the seventh day

of April, 1701, ante meridiem.

Present.

The Hon^^** Wm. Partridge, Esq. Lt. Govern''.

John Hinkes ) -r, Peter Coffin ) ^

Nath. Fryer ] ^^^^- John Gerrish j ^^^^•

Richard Waldron.

The Lieut. Govern'' having formerly had advice from the
late Earle of Bellomont in a case of a vacancy of any of
the Council, that he should swear Major Wm. Vaughan as
one of the said Council, and said Major Vaughan being
this day sent for to this Board was by the Lieut. Govern''
and Council admitted as one of the Council, who took the
oaths appointed by Act of Parliament instead of the oaths
of Allegiance and Supremacy, and signed and repeated the
Declaration and Association, and took the oath of a Coun-
cillor.

Ephraim Marstin, Constable of the town of Hampton,
gave this Board to understand, that pursuant to a Warrant
from the Treasurer he called the inhabitants of said town
together to make choice of Assessors, as the law directs,
but some ill-affected persons did give interruption thereto,
whereby it might occasion some ill consequence.

1701.] RECORDS OF COUNCIL. 881

Oi-(]oro(l, that the Secretary write to the Justices of the
peace and Selectmen oF the town of IIaui])t()ii to jjroceed
upon niakinj^ the Rate as the Uiw directs, and give notice
to Lt. Govern'' and Council of any ])erson that shall give
any interruption tliereto, that such j)er.son ofiending might
be treated accordingly. W^ was write is upon lile.

Province of New Hampshire.

[p. 10.] At a Council held at Portsm" on Monday

the 12'" May, 1701.
Present.
The Honourable Wni. Partridge, Esq. Lieut. Govern''.

John Hinkes | ^^ Wm. Yaughan )

Nath. Fryer \ ^ ' John Gerrish > Esqs.

Richard Waldron )

An order at the Court at Hampton Court,* dated the 22''
October 1700, present the Kings most Excellent Majesty,
was read at this Board relating to the repealing of a Law,
entitled an Act for the restraining and punishing of Priva-
teers and Pirates — (and is ui)on file).

Ordered, that the said order be published by the Sheriff
with Beat of Drum.

A representation of the Lords Com''* of Trade and Plan-
tations bearing date Whitehall, October the 9"' 1700, was
read at this Board and upon file.

An order at the Court at Hampton Court the 22'' October,
present, the Kings most Excellent Majesty, in Council, was
read at this Board, (and upon file).

Ordered, that the said Representation and Orders, be en-
tered in the Council Book — and are as follows.

* In England.

332 PROVINCE OF NEW-HAMPSHIRE. [1701.

At the Court at Hampton Court, the

[p. 17.] 22^1 of October, 1700.

Present.

The Kings most Excellent Maj'ty in Council.

Whereas by Commission under the Great Seal of Eng-land, the
Governor, Council and Assembly of his Maj'tys Province of New
Ham]jsliire, liave been authorized and impowered to Constitute
and Ordain Laws, Statutes and Ordinances, which are to be trans-
mitted to his Maj'ty for his Royal Approbation or disallowance
of them; and whereas in pursuance of the said Commission a
Law has been made by the Governor, Council, and Assembly of
the said Province of New Hampsliire, entitled an Act for the
restraining' and punishing of Privateers and Pirates — which the
Lords Com""^ for Trade and Plantations have perused and for the
reasons set forth in their Representation this day read at the
Board, are humbh^ of opinion that the same be repealed — His
Maj'ty with the advice of his Privy Council is pleased to declare
his disapprobation and disallowance of the said Law, and pursu-
ant to his Royal Pleasure thereupon, the said Law is hereby re-
pealed and declared void and of no effect.

John Povey.

[p. 18.] To their Excellencies the Lords Justices. May it
please your Excellencies.

The Earle of Bellomont having lately transmitted to us some
Acts of the General Assembly of his INIajestys Province of New
Hampsliire, held there the 7"» August 1699: Upon which we can-
not make a pei-fect Report, (because of the confusion and uncer-
tain state of the former Acts of that Province.) uiUil we receive
a complete and authentic collection of the whole, which has
accordingly been required: AVee only crave leave at ])i-esent to
represent unto y"'' Excellencies our opinion upon the two follow-
ing-, viz.

I'''. An Act for restrainivg and punishing Privateers and Pi-
rates* which though it might have been useful to the eiul in-
tended in case no other provision had been made here for the same
purpose; yet linding it insufficient with the Act passed here the
last session of Parliament for the more effectual suppression of
Piracy,

"We are humbly of the opinion that it be Repealed.

2'''y. An Act for a Tax or Assessment of 500£
Which being intended for the proper use of the Earle of P>cllo-
mout, but by the Constitution of that Government his Lordship

" * See Vol. I. Prov. Papers, rP- 505-507.

1701.] RECORDS OP COUNCIL. 333

not bciiiii: allowod to receive tlic benefit tliereof, without his Maj'-
tys approlciiion first had that the money be so supplied:
" We humbly oiler that your Kxcellencies may be graciously
pleased to permit him, \\\v said Earl of Bellomont to receive the
said sum of i)00£, aceordinj^- to saitl Act.
AV^hich nevertheless

is most humbly submitted.
Whitehall, October
the 'J"' 170U.

PiiiLrr ]\[i:adows, Jno. Pollexfen,
Ami. Hill, GEonui: SxKrNEV,

Math. Pkiou.

[v. 19.] At the Court at Hampton Court, the

22'! of October, 1700.
Present.
The Kings most Excellent Majesty in Council.

Upon reading this daj^ at the Board a Representation from the
Loi'ds Com"^ for Trade and Plantations dated the 10"' inst. setting
Ibrth that an Act had been lately passed by the General Assembly
of his Maj'tys Province of New Ilampshire, entitled an Act for
a Tax or assessment of five hundred pounds, which is intended
for the jn'oper use of the Earl of P>ellomont, but by the Constitu-
tion of that Government his Lordsiiip not being allowed to receive
the benefit thereof without his Maj'tys approbation first had that
the money be so applied; His Maj'ty in Council is pleased to
api)rove the said Act; and to order that the said Earle of Bello-
mont l)e and he is hereby permitted to receive to his own use the
said sum of 500 lb intended him as a present by said Act. Whereof
all persons concerned are to take notice and govern themselves
accordingly.

John Povey.
New Hampshire.
oO(i£ to the Earl of Bellomont.

334 PROVINCE OP NEW-HAMPSHIRE. [1701.

Province of New Hampshire.

[p. 20.] At a Council lield at Portsm", Friday

the 12*'^ Tber, 1701.
Present.
The Hon"'' W" Partridge, Esq. Lt. Govern^

John Hinkes ) p Peter Coffin | ^

Robert Elliott \ ^^^^' Wm. Vaughan \ ^'^^^•

Richard Waldron.

The several Letters following, being sent to the Lieut.
Govern'' to be communicated to the Council, was accord-
ingly done and read at this Board, and are as follows, (all
upon file.)

Confirmation of the Treaty ivith Algier, and the additional
Articles nth Aug. 1700.
First—

We, the most Excellent and most Illustrious Lords, Mustapha
Dey, AM Bashaw, and Mustapha Aga, Govern™ of the most fa-
mous and warlike City and Kingdom of Algier, do by these pres-
ents renew and confirm the Peace we so happily enjoy with the
King" of Great Brittaine, France and Ireland, Defender of the
Christian Faith, and his subjects, made in the year 1682, in every
part and Article, more particularly that of the 8"^ wherein it is
expressed that no Ship or Vessel belonging' to our Government of
Alg'ier, shall cruise near or in sight of any the lloads, Havens, or
Ports, Towns or places belonging to the said King of Great Brit-
taine or any ways disturb the Peace or Commerce of the same.
And in compliance with the 8"' Article of that Treaty, We do sin-
cerely promise and declare, that such Orders shall for the future
be given to all Our Commanders, that under a severe penalty and
Our utmost displeasure they shall not enter into the Chaiuiel of
England, nor come nor cruise in sight of any part of his Maj'tys
of Great Brittaine's Dominions, any more for the time to come.

Secondly —

That whereas we had declared [r. 21] that all Ships and Ves-
sels belonging to the said King of Great Brittaine should have
passes, by the last of September, 1700, We do by these declare, at
the desire of Capt. John Munden, Commander-in-chief of his
M;ij'tys Ships in the Mediterranean, and R^bart Cole, Esq. his
Maj'tys Consul now residing at our City of Algier, on behalf of
their great M"', that no passes shall be required or expected from
any of the English Shijjs or Vessels in any part of the world, but
that they shall proceed ou their voyage Avithout producing or
sliewing a pass to any of our Cruizers till the last of September
1701; and after that time is expired, and any ship of England be
seized not having a pass, we do hereby declare that the Goods iu

1701] RECORDS OF COUNCIL. 335

that sliip shall be i)i-ize; ])ut the INLr, moii and sliip shall ho re-
stored ami the tVeij^ht iininediately paid to the said Master tu the
utmost value as he should have had, if he had gone safe to the
Tort where he was bound.

Thirdly—

That whereas Cajjt. Joliu Mundcn has f^iven ns g-ood assurances
that he had a great affront sonu' years passed from som(! of our
rude sailors at our Mould, We do hereby promise that at all times
"wlieuever any of the King of (Ireat lirittaines' ships of War
come to this place, order shall be given to an Offii^tM- of the (Gov-
ernment immediately, who shall attend at the Mould all the (hiy-
tinie during their stay hen; to prevent any such disordcn- for the
future; that no ujisundcrstanding may happen between us, and if
any such disorder should happen, the officer of the Mould shall
secure the person or persons and they shall be punished with the
utmost severity.

Fourthly—

By the help of God, and if he pleases, these Articles now made
between us shall be maintained; to the truth of wliich W'e have
hereunto set our hands and Seals, in Algier, in the year of the
llaguira 1112, aud is the account of the Christians August 17"*
17UUV

Mustapha Dey.

Mustapha Aga.

Ali: Bashaw.

[Note. Pap:es 22, 23, & 24 of the MS. Council Records, are a duplicate,
verbatim, of pages 17, 18, & 19, relating to the Orders of the Court at Hamp-
ton, &c., (except the signature "Edward Southwell,") and they are therefore
here omitted. — Ed.|

Extract of a Letter from the Secretary, to the Earl of Bello-
mont, dated the 8"* November, 1700.

I am directed by the Lords Connnissioners for Trade and Plan-
tations to send your Lordship the Copy of two orders of Council
of the 22>' October last relating to the Acts of New Hampshire,
all whi(;h being oiriy for your Lordships information 1 have noth-
ing to say ui)ou them.

Extract of a letter from the Lnrrh Comwissionera for Tmde and
Plantations to the Earl of Jiellomont, dated the 'M)th October
1700.

The Ship with Timljcr U'<i\n New Hampshire for wliich Mr-
Partridge entered into Bond that she should come for England^

336 PROVINCE OF NEW-HAMPSHIRE. [1701.

being accoi-dingiy arrived in Torbay, tlie niercliants concerned
therein made ai)i)Iication and great complaint to us about tliat
matter; and we, finding thei-eby that tliis liappens to be tlie same
Ship concerning wliicli his Maj'ty by order in Council of the 9"'
of May last (whereof we sent you a copy in ours of the2P' June)
had directed that she should" be permitted to proceed on her
voyage to Portugal; — We accordingly represented to their Excel-
lencies our opinion thereupon and send your Lordship also a copy
thereof here inclosed. However, as to this trade of Timber from
the Plantations to foreign parts, we shall take action further to
consider of it.

The llepreseutations that we were preparing upon the Acts of
the Gen" Assembly of Iscw Hampshire having been laid before
their Excellencies, we send you copies thereof here inclosed, to
which we refer ourselves for the reasons for what we liave therein
offered, and when Ave receive Oiders thereupon, they shall be
transmitted to you that they may be observed.

We desire your Lordship to be mindful of his Maj'tys Instruc-
tion for sending home yearly accounts of the Arms, Ammuni-
tion and Stores remaining in his [p. 28.] Maj'tys Magazines and
Garrisons in the several Provinces under your Government, and
to take care that those acc"^ be regularly transmitted as his Maj'-
ty has ordered.

We also desire your Lord^p (as we shall do the Goven''* of all
his Maj'tys other Plantations respectively) that a memorandum be
entered upon the Council Books of all your Governments to cau-
tion them, that whenever any those Governments by the death,
absence or removal of a Govern'^ or Lt. Govern'' immediately com-
missioned by his Maj'ty comes to devolve upon a Pi-esident and
the Council of any of those Plantations or Governments, such
President and Council do forbear to pass any Acts but such as are
immediately necessary for the peace and welfare of any of the
respective Governments, without his Maj'tys expi-ess order for
that puri)ose.

Coj)r/ of a letter from the Lords Com'rs for Trade and Planta-
tions, to the Earl of Bellomont. Dated the od December 1700.

We send you here inclosed a copy of an Agreement lately made
by Capt. Munden and Consul Cole with tJie Government of
Algiers, by which all English Merchant Ships are exemi)ted from
being molested by the Algerines on account of their not having
Passes until the end of September 1701; but after that time (if
not provided with such Passes) will be liable to be carried up to
Algiers and have their Loading contiscated.

And we desire you thereupon to take care that due notice be
given thereof in y'' Governments that all persons concerned may
thereby have opportunity to provide themselves with Admiralty
Passes for their security in that occasion, according to the Instruc-
tions that have not long since been sent to you by the Lords Com-
missioners of the Admiralty with Passes to be distributed accord-

l^'Ol.] RECORDS OF COUNCIL. 337

ingly. And incase you find occasion for [r. 29.] a greater num-
ber of Passes than you have yet received youAvill do Avell to iijiply
y^solf in t'lnw to tlie Lords of tlie Admiralty that you may be
accordingly furnished with thcin. So we bid you heartily farewell.

Your very loving friends,

Stafford,
Lexington,
Pii. Meadoavs,
John Pollexfen,
Abk. Hill,
Geo. Stefney,
Mat. Pkiou.

[Prov. Rec. B. II. p. 235.]

Extract from the Lords of tlie Council of Trade's letter of the

21^t June, 1700, to the E. of Bellomont.

His Majesty having been informed by the consul at Algier, that
the Dey of that Government had declared to him their resolution
to direct their crusiers to require Admiralty passes, pursuant to
the Treaty with them in 1682, from all the ships of his Majestys sub-
jects that" they should meet with in and after the month of Sep-
tember next ; — and, it being a])prehended that they may cruise in
the way of our Plantations' trade more than they have formerly
done, so that all ships not only to, but from, England thither, but
also from one plantation to another will need to be provided there-
with ; Care has been taken here for preparing of passes and regu-
lating the distribution thereof in the Plantations with all possible
diligence ; in which we have done our part : We doubt not but
you Avill accordingly receive both passes and rules relating there-
unto for the security of the trade of his Majesty's subjects in the
Provinces under your Government from the Lords of the Adnu-
ralty: And that your Lordship maybe more fully informed of
what the Algerine's expect, Ave send vou here indorsed the copies
of the Dev of Algiers letter to his Majestv, of the U''' April, 1699,
and of the Consul's letter of the 13"^ April, 1700.

[Prov. Rec. B. II. p. 234.]
Letter to Gov. Bellomont relating to Passes.

Admiralty Office, 2P' June, 1700.
My Lord,

Your Lordship will herewith receive 2 boxes containing 1000
passes to be disposed of a.s the inclosed instructions from my
22

338 PROVINCE OF NEW-HAMPSHIRE. [1701.

Lords of the Admiralty direct, for securing ships and vessels of
his Majesty's subjects from the Algerines; and for your better
guidance how to till up the blanks iu the said jjasses, I send you
one of them filled up for a sample.

Your Lordship will also receiA^e in the box with the passes, 1000
oaths and 1000 bonds, some of Avhich oaths are for English built
ships, and the rest for foreign built ships made free, and part of
the bonds are for ships trading coast-wise in the plantations ; the
others for such as trade from the plantations to Europe. Samples
of Avhich oaths and bonds with the blanks tilled up, I send you
for your guidauce iu the doing thereof, before you hll up or deliver
the pass.

And whereas your Lord>hip Avill find by the said instructions
that a registry must be sent to this office of all ])asses delivered
out by you, I send you likewise a scheme showing iu what man-
ner the said registry is to be kept.

And your Lordship being dii'ected by the other order of my
Lords of the Admiralty that come indorsed, to secure a fitting
number of those passes and bonds for your own Government, and
then to distribute the rest to the respective places mentioned iu
the margin,* I desire you will please at the same time to send the
packets also that come herewith to the said places respectively,
and that you will own the receipt hereof, and let me know how"
you dispose of the passes.

I am, my Lord, your Lordships most

humble servant

J. BUECHETT.

Ld. Bellomout, Gov'' of New England.

Letter to Gov. Bellomont relating to Timber.

[p. 30.] Eight trusty and right well beloved Cousin — we greet
you well.

Whereas we have been informed that great spoils are daily com-
mitted in the woods of Ncav Hampshire and Province of Maine,
and other ]tarts witliin our Govenim' of the Massachusetts Bay,
by cutting down and converting to private uses such Trees as are
or may be proper for the service of our Boyall Navy, and it being
necessary that all practices which tend so evidently to deprive us
of those sujjplies be cfl'ectually restrained:

Our Will and Pleasure is that ujjon consideration of the occa-
sions of such abuses, the methods by which they are carried on,
and the inconveniences that attend then), you use your endeavors,
with Our respective Councils and the General Assemblies of the
IMassachusetts Bay and of New Hampshire, to dispose them to
pass Acts for preventing the further spoils of those woods, and

* Virginia, Maryland, Carolina, Pensilvania, East and West New Jersey, Connecti-
cut, Rhode Island.

1701.] RECORDS OF COUNCIL. 330

for i)n'>;(M-viii<; a Nursery of sucli trees as maj^ be useful for our
service; aud in case you cannot prevail witli them to pass Acts
proper and sulficient for those puri)oses, that you send over hitlicr
the heads of such a Bill as may be effect ual for those ends, and lit
to be enacted here. 8o(! Wo bid you heartily farewell.

Given at our Court at lIaini)ton Court, the I'J"' day of January
1700-1, in the twelfth year of Our Ueij,ni.

By his Majestys Command,

Jamks VliKNON.

Dranoht of a Letter for
his ^Maj'tys sijiiiature to
the Earl of Bellomont, about
preserving- hjs ]Maj"tys
Timber in New England.
Dated the 9"' January 1700-1.

[p. 31.]

Copy of his Majestys Letter to the Earl of Bellomont, relating to

Accessories in case of Piracies beyond the Seas, February 2d

1700-1.

Right trusty and right well-beloved Cousin — AVe greet you well :

Whereas by Our letters bearing- date the lO'^^ Feb'ry, 1699-1700
we thought lit to give you sevei-al directions relating to the trial
of Pirates in Our Province of New York, and whereas an Act of
Parliament is since joassed for the more elTectual suppression of
Piracy, pursuant to which a Commission under the Great Seal of
England has been also sent you, impowering you and others to
proceede accordingly in reference to Our said Province, and to
Our Province of East and West New Jersey aud Our Colony of
Connecticut,

Our Will and Pleasure is that notwithstanding anything con-
tained in Our aforesaid letters of the W^ of Feb'ry 1699-1700 you
henceforward take care to Govern youi'self in matters relating to
Pirates according to the intent of the Act of Parliament and Com-
mission aforementioned.

But whereaf Accessories in cases of Piracies beyond the Seas
are by the said Acts left to be tried in England according to the
Statutes of the 28"' of King Henry, the 8*, We do hereby further
direct & require you to send all such Accessories in cases of Pi-
racy in Our aforesaid Provinces of New York, the East and West
New Jerseys and our Colony of Connect icutt with the proper
Evidences, that you may have against y'" into England in order to
their being tried here.

340 PROVINCE OF NEW-HAMPSHIRE. [1701.

And you are to give notice of Our Pleasure herein to our Pi-ov-
inces of East and West New Jersey and to the Governor and
Company of the Colony of Connecticutt, that they may conform
themselves thereunto. So we bid you heartily farewell.

Given at Our Court at Kensington the 2^ day of February, 1700-1,
In the twelfth year of our Reign.

By his Majesty's Command.

[p. 32.]

Extract of a letter from the Lords Commissioners for Trade and
Plantatious to the Earl of Bellomont dated the 11th of Febru-
ary, 1700-1.

On the 10"* of the last month we laid before his Maj'sty a Eep-
resentation relating to the state of the Forts and Fortifications ou
the continent of America, and we send 3^ou here inclosed a copy
thereof, as likewise of our Letter to ^Ir. Secretary Vei'non on the
same subject, You will by them perceive what wee otlered in
relation to all y'"' Governments, and more particularly in order to
the further defense and security of New York ; and his Maj'sty
having tliereupon been pleased to approve and sign the Letters
that we had prepared for yourself with respect to your several
Governments, and for the respective Governors and Governments
of Riiode Island, Connecticut, Pensylvania, Marriland and Yir-
ginia, we send you here enclosed all his Maj'tys said Letters; and
because they are sealed, we send you likewise copies of those
which are not for y''self, that in sending them forwards you may
better know what to write along with each of them.

With these we also send you another letter from his Maj'ty re-
lating to the preservation of Timber in the Province of New
Hampshire, which his Majs'tj^ Avas pleased to direct us to draw in
pursuance of our Representations on that subject; whereof we
sent you a copy in our letter of the 30'^ of October last.

We writ you formerly about sending the Acts of Genei'al As-
sembly which [p. 33.] concern private persons, under distinct
Seals, without fastening them to those that are of a public import.
And we now add, that we think there would be a conveniency in
sending all public Acts also in the same manner, each of them
under a seperate Seal. Provided still, that they be either writ or
printed in such a forme that they may conveniently be bound up
in Volume as there shall be occasion,^ which method we desire
therefore may be observed in all yo'' Governments.

The Commissions for trying of JPirates in his Maj'tys Plantations
pursuant to the late Act of Parliament for the more effectual sup-
pression of Piracy, liaving been brought to us the 24:"^ of the last
month ; we did on the 27* commit those which concern your
Lordship as Govern"" of New York and New England, to the care
of Mr. Champante.

And in further reference to both these Commissions, we now

1701.] RECORDS OP COUNCIL. 341

here soiid yon inclosed his MaJ'tys letters rclatin'r to Accessories
in cases of Piracy beyond the Seas, who are not to be tried by tlie
said Commissioucrs.

[p. 34.]

Copy of an Order of Council of the 2\th Ajiril 1701, iipon n Re-
port of the Lords Co)nm(ssioners for Trade and Plantations
relatiiKj to Mr. Allen's Appeals.

At the Conrt at Kensington, the 24"^ day of April, 1701.
The Kings Most Excellent Majesty in Conncil.

Upon reading this day at the Board a Representation from the
Lords Conuiiiss" of Trade and Plantations on the petition of Sam-
uel Allen, Esq., Proprietor of the Colony of Xcw Hampshire
Imnibly praying to be admitted to appeal to his Maj'sty in Conncil
from a Verdict and Jndgment given against him in tlie Superior
Court of Judicatui-e, of New Hampshire, the 13"^ day of August
170t), in favor of Ricliard Waldron, touching the Petitioners Kight
as Proprietor to certain Quit Rents of land in the said Colony, his
Majesty in council is pleancd to approve of tlie said Representation
and accordingly to order, as it is hereby ordered, that the Peti-
tioner, Samuel Allen be admitted to Appeal from the said Verdict
and Judgment given against him in tlie Superior Court of Judica-
ture of New Hampshire, the 13"^ day of August 1700, in favor of
the said Richard Waldron; the petitioner first giving security to
prosecute the said Appeal in order to be heard before this Board,
the first Council [p. 35.] day in December next, and to abide by
his Maj'tys determination in Council tlierein.

And his Maj'ty is further pleased to order that authentic copies
of all proceedings in tlie said Superior Court of Judii-atine, in
the ptUitioners case, be transmitted to this Board uiuk-r the Seal
of New Hampshire for his Maj'tys better information herein.

And the Covernor, Lt. (Jovernor, or Commander-iii-Chiefe of
New Hamiishire, and all otlusrs whom it may concern are to take
notice hereof, and to govern themselves accordingly.

Edw^ari) Southwell.

[p. 36.]

Extract of a letter from the Lords Comm'rs for Trade and Plan-
tations, dated the 2dth of Ajjril 1701, to the Earl of Bellomont.

As for Masts, Timber &c. to be had in New Tlamjishire, in order
whereunto yo' Lordship conceives the Trade from thence to Si)ain
and Portugal ouglit to be prohibited, having had occasion to lay
some matters before the House of Commons, we have oftered that
amongst other things to their consideration.

342 PROVINCE OF NEVV-HAMPSHIRE. [1701.

The appeal that your Lordship had heard was refused in New

Hampshire, has occasioned a petition to His Maj 'sty which is now
under Our consideration. We hear nothing- yet of that appeal you
mention to have heen refused in tlie Massachusetts Bay.

But this decliiuno- to admit Api)eals to his Maj'ty in Council, is
a matter that you ought very carefully to watch against in all ycur
Governments! It is a humour that prevails so much in Propiie-
ties and Charter Colonies, and the Independency they thirst after
is now so notorious, that it has been thought tit those considera-
tions, together with other objections ag' these Colonies should be
laid betm-e the Parliament; and a bill has thereupon been brought
into the House of Lords for Reuniting the right of Government
in their Colonies to the Crown.

As to Mr. Aliens Claim to y" Province of NewHampsliire (men-
tioned also in the same Letters) that is a point of Law which has
been formerly made the consideration of two Chief Justices of
England; and a Report having [p. 37.] been made thereon we
cannot meddle in it, but the forementioned Appeal which is de-
sired by him from a late sentence of the Superior Court of New
Hampshire, will probably bring tliat matter again under consider-
ation and occasion some positive settlement in it.

We hope that Com'* for trying of Pirates lately sent to all the
Plantations will tend etlectually to iheir extirpation; and the
Proclamation of the 6"' of ^Lirch last Avhich we send you here in-
closed will also have a good effect; however a constant watchful-
ness ag*' Piracyes, and all manner of illegal trade will be always
necessary.

As to "Piracyes, we send you likewise here inclosed the copy of
his Maj'tys letter to you of the 14"^ inst. sent by Mr. Larkin, one
versed in the forms of Admiralty Courts, and appointed by his
Maj'ty to carry duplicates of those Commissions to all places
where they are to be executed : who goes tirst to New Found
Land, and will from thence take his passage to New England and
so forwards through all the Plantations, in order to the settling of
those forms according to the Instructions that have been given
him for that purpose.

Diverse complaints have been laid before us of irregularities in
the Courts of Chancery in his Maj'tys Plantations; and amongst
the rest, that in some places the Governors and tlie members of
the respective Councils who compose those Courts, do sit and act
therein without taking any Oath to do equal and impartial Justice
between parties concerned in the Causes that shall come before
them.

Wee have thought fit hereby to direct [p. 38.] you (as we do
other Governors) that in case there have been any neglect of this
kind in any of your Governments, you forthwith take care to
remedy the same as your Commission impowers you, by your
taking, in the first place a proper Oath for that pui'pose and after-
ward administering the like Oath to the members of the Court of
Chancery in that Province, where you shall be presiding at the
receipt of this letter; and by your further directing tlie Lt. Gov-
ernors of his ]Maj'tys other Provinces, under yo'' Government, im-
mediately to take the like care in each place I'espectively.

TAPERS

Relating to the Earl of BellomoYifs Administra-
tioiiy so far as respects JSTeio Hampshire :

COPIED FROM DOCUMENTS OF THE COLONIAL HISTOIiY OF NEW YORK.

[Note. — The following Papers are of much value as casting light upon our
Provincial history during the period of Belloniont's Adniinistratiou. — Ed. J

[N. y. Col. MSS., Vol. IV., p. 261.]
Duke of Shrewsbury to the Lords of Trade.
My Lords.

The King lias been pleased to appoint the Earl of Bcllomont to
be Governor of the Provinces of New Yorke, Massachusets Bay
and New Hampshire and to be Captaine Generall during the War,
of all His Majestys forces both there and in Counecticutt, Rhode
Island and the Jerseys ; which I signifie to your Lordships by His
Majestys directions that you may give orders to have his severall
Commissions and instructions prepared accordingly.
I am, My Lords,

Your Lordships most humble Servt.

Shrewsbury.
Whitehall,

16 March 1G9G-7.
To the Lords of the Council of Trade and Plantations.

[Vol. v., p. 314.]

Earl of Bellomont to the Lords of Trade. To the Right Hon'-'" the
Lords Commissioners of Councill of Trade and Plantations.

My Lords.

" I am glad your Lordships are pleased to i-encw your orders
for the carrying on the good design of furnishing naval stores
from New Hampshire for the use of His Majesty's Navy, which I
shall obey with a great deal of pleasure, though that design have

344 PROVINCE OF NEW-HAMPSHIRE.

liitherto been obstructed by some cross accidents. I do not for
all that despair of its succeeding well and answering His Majesties
glorious ends, for the advantage of England, and your Lordships
great care for its encouragement. A foolish and unhappy parci-
mouy in the surveyors, Mr. Bridger, Mr. Furzer and Mr. Jack-
son, the two first appointed by the Admiralty and Navy Wards,
and the latter by Sir Henry Ashurst, to make survey of the woods,
and other conveniencies, in these His Maj'"^^ territories for Naval
Stores, has been the occasion of great disappointment and losse
of time in that affair. They were ship'd on board the Deptford,
by an order of the Admiralty, of their procuring, and so were
forced to Barbados where Mr. Furzer and Bridger fell sick of the
Feaver three or four days before I left Barbados, contracted by a
debauch they made; Mr, Furzer dyed, who I believe was the best
of the two, but Mr. Bridger recovered, followed me hither, and I
have sent him to Boston with a letter earnestly recommending
him and the design he is imployed in, to their effectual kindness
and furtherance, a copy whereof I now send your Lordships. Mr.
Jackson is still here upon some businesse, but is to follow Mr.
Bridger in a day or two ; my letter is directed to the Lieut. Gov''
Councill and Assembly, and will go to them in a fit juncture of
time, because the Assembly of that province are now sitting.
One thing I am apprehensive may somewhat obstruct the prog-
ress of this design for the present though the Govern' of Massa-
chusetts Bay were well affected to it, and that is the Eastern
Indians being still in warr with the English of that province (as
by a copy of Mr. Usher's letter to me your LordP* will see) it will
be very expensive for the Province of Massachusetts to maintain
a sufficient Guard for the Surveyors, but if they require it of me,
I'll furnish them with forty or fifty soldiers from this and the otlier
garrisons in this jjrovince. I am told this Country is much fitter
for producing of Hemp and Flax, than that about Boston, and
some persons have been talking to me of encouraging by an act of
Assembly, the propagation thereof; but day labour is so excess-
ively dear in this Country, that I am jealous it will never do so
well here as in Ireland ; however I will give such a design all the
Countenance I can, that His Majesty may be certain of being sup-
plyed with those species here, if he should miss of them else
in his own Dominions.

I shall God willing go to Albany about a month hence, when
the Assembly have ended their session, where the Five Nations of
Indians are appointed to meet me, and I will try to engage them
to fall upon the Eastern Indians that infest the inhabitants of New

BELLOMONT PAPERS. 345

Hampshire and Massachusetts Bay, if I be not infurnied in the
meautinie that those Indians have ceased their hostilities."
I am with respect

My Lords,
Your Lordships most faithful humble servant,

Bellomont.
New York, 25 May, 1698.

[N. Y. Col. MSS., Vol. IV., pp. 4.38-9.]
Earl of Bellomont to the Lords of Trade. To the Right Honour-
able to the Lords Commissioners for Trade and Plantations.

My Lords.

" There goes also another Address (No. 4) from the Council and
Assembly of New Hampshire, which will show your Lordships
what mischief Colonel Allen is doing in that Province. He is, it
seems, turning people out of their properties without processe at
law and so distracts the people there, that I fear the provision of
Navall Stores for the King will suffer an interruption, which other-
wise M'. Partridge who is now here with me, gives all possible
assurance of its succeeding to all our desires, so far as relates to
timber of all sorts, masts, pitch and tar. As for hemp he has no
hopes of that there; and I formerly wi'ot my thoughts of hemp
and flax as fitter productions for the soil of Ireland and to be man-
ufactured there where labour is cheaper three-fourths than 'tis here,
or in New Hampshire. I do not take the account I now write of
Colonel Allen upon trust from Mr. Partridge, tho' Partridge have
a fair character, for I have the same account from two or three in-
dilferent hands besides."

I am with respect. My Lords,

Your Lordships most humble and obedient servant

Bellomont.
New Yorke,

December the 14'^ 1G98.

[N. Y. Col. MSS., Vol. IV., p. .'5.36.]
Earl of Bellomont to the Lords of Trade. To the Eight Honourable
the Lords Commissioners for Trade and Plantations.

346 PROVINCE OF NEW-HAMPSHIRE.

My Lords,

" I ain next Thursday to go to New Hampshire to take that
goveriimeiit upon me, wliere I propose staying about three weeks,
and will, if my health will allow it visit the very utmost bounds
of the King's territory to the East and joyning upon Accadie,
which the French have unfortunately got from the Crown, thanks
to good King Charles the 1^'. Tis called St. Georges River' and
lyes about 25 leagues eastward of Pescataqua. At my return
hither I shall make but a week's stay and shall then go to Rhode
Island to execute a commission from his Majesty sent me by Mr.
Secretary Vernon to inquire into the severall misdomeanours al-
ledged to have been committed by the government of that Island."

Boston,

July 22<i 1699.

[N. Y. Col. MSS., p. 519.]
Earl of Bellomont to the Lords of Trade. To the Right Honour-
able the Lords Commissioners for Trade and Plantations —
My Lords.

" Colonel Romar the Engineer was gon to Boston to get a
passage from thence to England ; but upon your orders I have
stopt him, and since I am suddenly to goe thither, I have wrote
to him to view the fort on the Island which commands the harbour
at Boston, and from thence to goe to Piscataqua in New Hamp-
shire, and thence to Pemaquid and take the plans of all the three
forts and make such observations as will be proper, of their situa.
tions, importance, and what the charge may be of building good
substantiall forts, and this to the end I may be able to informe
your Lordships fully of those matters hereafter."
New Yorke,

May the 15^^ 1699.

[N. Y. Col. MSS., p. 617.]
Lieutenant Governor Partridge to the Earl of Bellomont.

Portsmouth the 20"^ Febry 99.
May it please your Excellency.

There has nothing of late occui-ed worthy Your Excell'^y' notice
till yesterday Capt° John Tuttle of Dover with some other the
Inhabitants thereof came to me with an information that the In-
dians late conversant at Cochecha were suddainly withdrawn ac-
cording to the information here inclosed.

BELLOiMONT PAPERS. 347

Those Indians of late have boon ol)sorve(l to vi^it most of tlic
iiihal)ilan(s tliat live in Dover and narrowly view their honses,
and l)y their whole carriage given occasion of suspicion that tliey
design niischiefc against us.

The Indians that have appeared at Coeheclia and not known to
the iidiabitants there, do generally call themselves Alban\ Indians,
but 'tis believed thi^y are both Albany and Eastern Indians.

I thought it my duty to give your Kxcell'^ this an account by au
express, and pray Your Excell'^-^'' direction herein; in the lueau
time I have ordered watches and Avards to be kept in the out
towns to prevent a surjjrise but so that if any Indians still come in
they may be treated as before without discovering any thing of
our susi)icion of them. I give Your Excel^>' no further trouble at
l)resent, but crave leave to subscribe

May it please Y'our Excellency Your most humble and obedient
servant —

Wm. Partridge.

[N. Y. Col. MSS., pp. 645-6-7.]
Earl of Bellomont to the Lords of Trade. To the Eight Honour-
able the Lords Commissioners for Trade & Plantations.
My Lords —

" Mr. Partridge notwithstanding my admonitions to him not to
pufler any ship timber to be cut, and carryed from Pescattaway
till the Kings pleasure were tirst knowen in that matter, has not
only consented to a ship's loading ship timber and masts in that
liarbour, but is now actually loading a great ship of his own of
about 350 ton with principall ship timber for Portugal. The noise
too of the profitable voyage he formerly made thither with ship
timber, lias so encouraged otliers to do the like, that I am newly
informed of one Major Davison who is said to be loading a ship at
Newberry in this Province with that sort of timber for Portugal.
I believe your Lordships will not approve of this trade for many
reasons, but 'tis very unlucky that I am so long without your orders
therein. I doubt not to make it appear, that it is to the full as
great i)re)udice to England to imbezle the Timber growing in
T.ew IIanii)shire, as it would be to imbezle that which grows in
New I'^orest in England, which I shall have occasion in my next
letter to prove.

" Rear Admiral Benbow will give your Lordships an Account
(if caird on) what a vast prejudice the destruction of the Avoods

34:8 PROVINCE OF NEW-HAMPSHIRE.

ill New Hampshire does the King and Kingdoms, he saw a quan-
tity of noble timber for ships brought to Pescattaway by Mr. Par-
tridge to be sent to Portugal in his great ship.
I am with respect

My Lords
Your Lordships most

humble & obedient sevt

Bellojiont.
Boston, the 25t'» May 1700.

[N. Y. Col. MSS., Vol. IV. p. 664.]
Earl of Bellomont to the Commissioners of Customs.

Boston 28 May, 1700.
Gentlemen.

" Mr. Eastwick the late Navall Officer of New Hampshire being
dead, I have appointed Mr. Robert Armstrong to succeed him,
who is well recommended to me from England ; the persons bound
for him are substantial! merchants of this place, whose bond is
1000£ ; I herewith send you."

I am with much esteem,
Gentlemen ,
Your most humble and

faithfull servant

Bellomont.

[N. Y. Col. MSS., Vol. IV., pp. 668-679.]
Earl of Bellomont to the Lords of Trade. To the Right Honour-
able the Lords Commissioners for Trade and Plantations.

[Extract.]
My Lords.

" I have further to acquaint you, that I am more confirmed than
I was, of the certainty of making Tar to serve the King and all
his Dominions ; being assured by several hands that 'tis a thing of
great yield or produce, where there are a number of hands to assist
one another. If Mr. Bridger may be credited, who has made
some Tar in New Hampshire, and sent it to England with the
other specimens a number of men will with ease make a barrel of
Tar a day all the year round for each man's share which is 37 ton
and 6 barrels of tar, the yearly produce of each man's labour; at
which rate 600 soldiers will make 22650 ton of tar in a year, which

BELLOMONT PAPERS. 349

{•^ SO va>Jt a qiianlity, lliut, ono would think it would more than
surtico lor all the Kiiiu's Dominions yearly ; yet the making pitch
"will cause yreat diminution ol" tlu! tar.

I am told that at present all Naval Stores [p. 670.] which we
have from Sweden and Dennuirk, are paid for with ready mouy,
carried in specie from England, which some merchants have as-
sured me is above a 100,000£ per annum, whereas I would under-
take to pay for all the Naval Stores from New Yorke and New
Hampshire with the manufactures of England.

I have been very particular in the foi'egoing account, about
making tar, because I would gladly explain every part of it to
your Lordships; and I hope what I have now to writ, will satisfie
you of its being practicable beyond dispute or contradiction. I
will noAV sum up the advantages which will accrue to England
from this performance.

1^'. It will take off the charge of the forces, the King -would
otherwise be obliged to keep in his pay, to defend the Provinces
of New York and New Hampshire, against the French and their
Indians, Avliich in time of war cannot be less than a 1000 men, to
deiend them as they ought to be defended: and let it be considered
too, that the securing of them, is in a great measure securing all
the Plantations on this Continent.

2'y It will save the King and his Dominions near half the mony
that's laid out at present for tar, pitch, turpentine and rozen.

3'y If it be true that above a 100,000£ in specie is exported
every year out of England, by the Eastland Merchants, that sume
of mony which is a very great one, (and is entirely sunk and lost
to the Nation by never returning) will not only by this design be
kept within the nation for the time to come, but it will also be the
undoubted means of a very considerable additional export and
consumption of our English manufactures, so that the advantage
will be double, by saving so great a sume of mony which was
carried out of the Nation before, and by turning that loss into
profitt to England, in the increase of the Exports of our Manu-
factures as I just now said.

5thiy jj^^t ^i^Q gi^oatest advantage of all is yet to come, which is,
that the King and all his Dominions will be furnish'd with Naval
Stores fi'om his own territory, by which means that most import-
ant trade, (without which England could uot subsist) will no
longer be precarious.

The advantages that will redound to England by a right use of
these Plantations, arc infinite and inestimable, not only tar and
pitch, turpentine, oyle of turpentine and rozen, will be furnished*

350 PROVINCE OF NEW-HAMPSHIRE.

but also the deal boards, masts, yards & bowsprits, and all the
larger sorts of ship timber for the King and all his Dominions:
and taking- one thing with another, I can demonstrate that all
these commodities I have now named will be afforded cheaper to
England, than they now are from forreigu Countries. Deal
Boards are what will turn to least account of any of the Commod-
ities I have enumerated, yet a vessell wholly laden with thera
would make a saving voyage from these Plantations to England.
The Deals brought from Norway are sold by tale, that is by the
hundred, and the price is from 3£ lOs, to 5£ the hundred, their
length from 10 to 12 foot, their breadth from 10 to 12 inches. In
New Hampshire they sell their boards by the 1000 foot, 22 shill-
ings per 1000 is the present price for such deale, the boards are
rarely under 25 foot in length, and from 15 to 18 inches in breadth,
and more free from knots than the Norway boards are, as they tell
me here; when the deals are 2 inches thick they call 'em plank,
and their rule is, to douhle their price, as the thickness of the
board or plank doubles ; for 2 inch deale they have £2. 4s per 1000
foot, and for 3 inch deale £3. 6s, and the advantages to the mer-
chant or fraghter will be chiefly in the 2 and 3 inch deal plank for
the decks of ships, and such plank as they saw in New Hampshire
of 36 foot long and two foot broad, and upon occasion they can
furnish plank that's longer and broader than even that,
[p. 672.]

I desired Mr. Bridger to give me the prices of the principall
ship timber, (as sold in the King's Yard at Portsmouth, where he
serv'd his time) which are contained in the paper (^marked F)
but he told me he had put very moderate prices on the several
sorts. And for instance he told me he had known 5 shillings per
foot paid for great standards for a first and second rate man of
war, which would be £15 per load, yet he has set down by £7 10s,
per load in his said paper, which is but half a crown a foot. At
the end of his memorial (marked D.) which answers my queres,
he undertakes to save the King 2930£ 19s, in every ship load of
masts, of what is paid to Mr. Taylor, and a ship making two voy-
ages in a year from Pescattaway to England, the King will gain
586l£ 18s sterling, & two such ships of his own Avill gain him
11723£ 16s every year if the Navy will require so many masts.

That the masts, yards and bowsprits for the King's ships will
be best and cheapest carryed home in ships of the King's own, is
very clear and manifest. And I believe I shall as easily make it
appear that the great and principal ship timber for building his
ships of war, viz' beams, planks and compass timber (taking one

BELLOMONT PAPERS. 351

8ort Avitli allot Iit'f) will Ix' scut lioiiic in llic Kiii<r'.s own sliips, for
very near lialt' the prices- those sorts of timber cost the Kiiij^- at
tliis time in Ids yards. Mr. Bridger has estimated the buihlin*^ a
ba»i;boat in his said memorial (mark'd D.) and therein in his an-
swer to my second quere, at i')('>-2i')£ New En<^land mony, the said
bajiboat to be of 500 ton, whicli said sume is over 4000 st('rlin<,^ by
Mr. IJridger's computation ()00£ New England mony (which is no
more than ■i20£ sterling) will purchase a load of sliip timber, that
in the King's yards in England will be worth 2000 sterling. And
by Mr. Partridge's computation, the said cargo or load of ship
timber will be worth 2."»00£ sterling in the King's yards. Mr.
Bridgcr ought to be the better builder, but Mr. Partridge has had
more experience in shipping and selling that sort of timber, but
taking it at either of their estimates, 'tis plain 'twill be worth
"while for the King to carry home his principal ship timber, from
New Hampshire in ships of his own ; and a ship will make two
returns in a year, between Pescattaway and England. The paper
(marked (t. G.) is an estimate by Capt. Belcher (an experienc'd
man in those matters of this tOAvn) of the charge of wages, vict-
ualls, and wear and tear of a ship of 500 Ton.
[P. 673.]

I veryly believe all the Eastland Trade (except for flax and
liemp) may be turn'd to these Plantations; and more than that,
All the masts and scarcer sorts of ship timber for the use of all
England, and the rest of the Dominions of the Crown, will be
furnished from these Plantations cheaper than they now sell in
England, taking one with another. And with a good regulation
here will be a lasting store of all these things to the end of the
world. This Province and New York abound with excellent ship
timber of all sorts, and so does Conecticut Colony as well as New
Hampshire.

And now my Lords I appeal to yonr Lordships whether the use
and advantage I have propos'd by these Plantations to England;
be not preferable to the selling almost all the lands in the Province
of New York to Coll. Fletcher, and all New nami)shire, and a
great part of this Province to Coll. Allen, I call it selling the
lands of New York to Fletcher, because that whoever contilved
that clause in his Instructions, which gave him an nidimited
power in the disposition of those lands (and that directly contrary
to precedent in other Governors Instructions) nuiy be truly said
to sell those lands, and therein to betray the King and Kingdom
in a very high degree. 1 also call it selling New Hanipshiic iiiid a
great part of this Province to Coll. Allen, for that Mason under

352 PROVINCE OP NEW-HAMPSHIRE.

whom Coll. Allen claims bad no opinion of his own title, is very
plain having oflfered to sell it for a 100£, as Coll. Pinchon's Depo-
sition does so far make out, as to satisfie any indifferent man of
the truth of it; tho' it would not be allow'd a direct proof in law,
because the offer was not made by Mr. Mason himself, but by a
third hand, viz Doctor Owen a Presbiterian Minister. Then for
Coll. Allen's title I send your Lordship's Coll. Hutcliinson's Depo-
sition, tied up with Coll. Pinchon's, they are both members of His
Majesty's Council of this Province, and both of good reputation
and substance. I have reason above other men to believe Coll.
Allen's title is insufficient & defective, having been much urg'd
to be brib'd, to favour his claim and irretention. There was an
offer made me of 10,000£ in mony, and that Coll. Allen should
divide the Province of New Hampshire with me ; but I thanke
God I had not the least tempting thought to accept of the offer,
and I hope nothing in this World will ever be able to tempt me,
to betray England in the least degree. This offer was made me
three or four several times ; and I am able to swear to time and
place, and besides I have some letters from a certain man that
mention enough of the matter to corroberate my own Testimony.
I presume your Lordships will not have the better opinion of Coll.
Allen's title, for the easy terms on which I might have come in for
an equall share, or dividend with him, of that whole Country. I
will make it appear that the lands and woods claim'd by Col.
Allen are much moi'e valuable tlian ten of the biggest estates in
England, and I will sale those ten estates at 300,000£ apiece one
with another which is 3 millions. By his own confession to me at
Pescattaway last summer, he valu'd the Quit Rents of his lands
(as he calls 'em) at 22,000£ jDer annum, at 3d per acre, or 6d in
the pound of all the improv'd Rents ; then I leave your Lordships
to judge wliat an immense estate the impro'd rents must be, which
(if his title be allow'd) he has as good a right to, as to the foremen-
tion'd Quit Rents. And all this besides the Woods, which I be-
lieve he might very well value at half the worth of the lands.
There never was I believe .since the world began so great a bar-
gain as Allen has had of Mason, if it be allow'd to stand good,
that all this vast estate I have been naming should be purchased
for a poor 250£, and that a desperate debt too, as Coll. Allen
thought, as per Coll. Hutchinson's Deposition aforesaid appears.
This I thought my duty to acquaint your Lordships of, that you
take such timely order therein, as to your Lordships wisdom shall
seem proper. The consequence of Coll. Allen's claim, may prove
highly prejudicial to England, he pretends to a great part of tliis

BELLOMOXT PAPERS. 353

Province; as far Westward as Cape St. Ann, wliicli is said to
take in 17 of tlie best towns in tliis Province next to Boston, the
best improv'd land, and (I tlunk Coll. Allen told mc) 8 or 1)00,000
acres of their land. If Coll. Allen shall at any time goe about to
make a forcible Entry on these lands he pretends to, (for to be
sure the people will never tnrn tenants to him willinj^ly) the pres-
ent occupants will resist him and any force he shall brini^-, and
the Province Avill be put into a combustion, and what may be the
consequence of it I dread to think. Besides that, I fear in such a
combustion all these Plantations would hold together, and take
fire like a train from one end to t'other, I believe it Avould provoke
the patientest of us all that after 50 or 60 years peaceable posses-
sion of an Estate in this Province, improv'd by our Fathers and
our own industry, such a proprietor as Coll. Allen should drop
out of the Clouds to oust its, as they Lawyers call it.
[p. 674.] *' Tis most amazing to me how dust has been thrown so
many years together formerly in the eyes of the King and the Xa-
tion, that the value of these Plantations to England has not been seen
into. I Avill make it appear undenyably, that by a right manage-
ment of these Plantations England shall iniploy a 1000 stout ships
of burthen and 20,000 seamen more than she now imploys, and
besides other advantages these Plantations shall be forever se-
cured in a dependence on the Crown, but more of this in another
letter which I will shortly trouble your Lordships with, and
which shall impart some observations of mine, on the Trade of
these Provinces under my Government.

'* A i^erson in this town tells me he had advice from England
that the Eastland Merchants began to be allarm'd at the talk that
has been of late in London, of furnishing Naval Stores from these
Plantations; and that it was believ'd they would oppose that
design as much as in them lay. And also the specimens of tar
and ship timber sent to England by Mr. Bridger from New ILimp-
shire were not without Enemies that decry'd and laine them down ;
but your Lordship's wisdom and integrity will easily stem all
sinister dcfiimations.

'' 'Tis highly necessary and reasonable your Lordships should
prevent the intended cozenage of the Crown, in the countenance
given to Gov. Allen's claim. I think I have sufficiently demon-
strated the value that the lands and woods Avould be to a private
man, but he would be a bold man that would estimate the value
they would be to the Crown, for I take them to bo above value or
inestimable. And in plain English 'tis abominable that the Crown
should be defrauded of the lands and woods in the Provinces of
23

354 PEOVINCE OF NEW-HAMPSHIRE.

New York and New Plampsliire ; and an Act of Parliament ought
to pass, for the vacating all extravagant of lands bj' Fletcher, in
the Pi'ovince of New York and of all other Governors, and to pnt
all those lands under a good regulation: The same Act also
should vacate Coll. Allen's pretended title, and vest all the lands
in New Hampshire in the Crown, with a saving for all the inhab-
itants for their lands which they have improv'd, paying a reason-
able yearly Quit Rent to the Crown.

[p. 675.] '• The wast of the w*oods in New Hampshire has been,
and still is so very great, tliat Mr. Bridger assures me they are
forc'd to go 20 miles up into the Country to get a good mast for
the use of the Navj^ . I am told the inhabitants of New Hamp-
shire, have taken in what tracts of land and woods they pleas'd, to
which they have no better title than Coll. Allen has. I hope there
will be a strickt inquisition into that, and that none of 'em shall
be allowed any property in the woods, otherwise than as a com-
mon tenant right, viz', fire-boot,^ hedge-boot,- and house and
plough-boot.^ For there must be, in my opinion, such a course
taken, as that all the King's subjects shall be allow'd to cut and
carry away, such timber as they shall have occasion for, and that
gratis, they to pay for the labor of cutting and carrying away
only, but not for the timber, because that would discourage, and
frustrate this good design, they should only pay for the planting
of 4 or 5 young trees in the room of that cut down. And there
ought to be a restraint on all persons on pain of paying a good
fine, not to cut any tree that is mark'd for the use of the Navy,
[p. 678.]

" Mr. Bridger tells me he has strip'd about 8000 pitch pines to
make tar of, and some malicious people have gone and set fire to
the woods, where those trees stood, and have burnt 'em down, his
Memorial is (mark'd S.) Having signified by letter to Mr. Part-
ridge, that I would not suffer him by any means to carry a ship
load of timber to Portugall, and that I would send the King's ship
to wait his loading his ship, who should have orders from me to
seize and send her away when laden, to the King; he made a
journey hither t'other day, and 1 have accepted of his bond in
£3000, that his ship shall saile directly to England, where she
shall give your Lordships notice of her arrival, and the King pre-
emption of her load of ship timber at the market rates. This I
thought absolutely the best w^ay to secure the timber, since your

(1) Fire boot or hotele — An allowance of fuel to which a tenant is entitled. (2) Wood
for repairing hedges. (3) Wood sufficient for fuel and repairs of house ; and for instru-
ments of husbandry. — Weh. Die.

BELLOMONT PAPERS. 355

Lonl-^liips liavc not sent mc any orders upon my former letter on
that subject, and about the u'ast committed in the woods of New
llampsliire. The copy of Mr. Partrid<^e9 bond is (mark'd T.)
The orijifinal bond 1 will send your Lordships by the friyot when
she <i()cs home, being unwilling to venture it by this ship. I am
told there never was nobler ship timber seen, than this Avhich Mr.
Partridge has provided for Portugall, and I hope your Lordships
will take such a course as that the King may not miss of it.

" ]\Ir. Partridge's folly in discovering what a proffitable voy-
age his ship formerly made to Lisbon, of which he crack'd to
every body, (viz.) that for less than £300 this mony, he clear'd
£1600 in the market he met with in Lisbon, for his ship timber,
luis set all the country agogg, so that some of the Merchants of
Salem are now loading a ship Avith 12,000 foot of the noblest ship
timber that ever were seen in America; GOOO foot of 'em are 4
inch plank and 6000 3 inch, and 45 foot long, and scarce a knot in
any of 'era, they were designed also for Portugall, but I have
taken such a course, as that the King shall have 'em of the Mer-
chants carrying, or of my sending. I have spoke to one of the
owners, and told him I would not sufler any ship timber to be
carried to a foreign country ; and that he his partners and must
resolve either to send their ship and timber to England upon the
same terms Mr. Partridge has oblig'd himself to do, or sell the
timber to me for the King at the price it stands them in, and the
Merchant has promised it shall be so. He own'd to me it was the
best plank that ever was seen in America and of such large di-
mensions that tho' their ship be of 250 ton, she would not carry
at most above 2000 foot more of such plank.

"Your Lordships may see by this that vigilance is necessary to
a Governor of these Plantations, and what an eternal trouble I am
at in contending for the interest of England with the people in
my these Governments,
[p. 679.]

" And for a conclusion, I humbly and earnestly recommend the
vacating Coll. Allen's pretension to New Hampshire, and all
other claim deriv'd from Mason, which with Coll. Fletcher's
grants of the lands of New York, are an abomination and mis-
tery of iniquity. Yet I would have the charity done Coll. Allen
to reimburse him the £250 mortgage money which Mason had of
him. I am with great respect,

My Lords,
Your Lordships,
Boston, Most humble & obedient serv'.

the 22^ June, 1700. Bellomont.

356 PROVINCE OF NEW-HAMPSHIRE.

Earl of Belloinont to the Lords of the Treasury.
[p. 776.]

" I have laid before the Lords of Council of Trade as exactly
as I have been able, a state of the Provinces under my Govern-
ment. Above all other things I have observed to their Lordships
the treachery and corruption of the last Governour of this Prov-
ince, Collonel Fletcher, in selling almost all the lands and woods
in this Province, to nine or ten mean persons, to the unexpressi-
ble prejudice of the Crown.

" Likewise will expose the fraud that's endeavored to be put
on the Crown in the countenance that's given to Collonel Allen in
his claim of all the soil and woods of the whole Province of New
Hampshire, and a great part of the Province of Massachusetts
Bay. These Plantations are of an unspeakable value to the
Crown and should not be suffered to be sold away and betray'd
to a few private hands. 'Tis your Lordships' province to see that
the lands and woods belonging to the Crown be not purloined
and imbezzled, therefore I thought it my duty to give your Lord-
ships this account."
New Yorke ?
Nov. 23^, 1700. S

[p. 790.]

''Last April I examined the Eegisters of all the vessels in the
three Provinces of my Government and found there then belonged
to the town of Boston 25 ships from a 100 ton to 300; ships about
a 100 ton and under, 38. Brigantines 50, Ketches 13, and Sloops
67 ; in all a 194 vessels; to other towns in that Province there be-
longed then about 70 vessels of all sorts whereof 11 were ships
of good burthen. To New Yorke there then belonged 6 ships
above and 8 under a 100 tons; 2 Ketches, 27 brigantines and 81
Sloops. To New Hampshire at that time 11 ships of good burthen,
5 Brigantines, 4 Ketches and 4 Sloops. I believe one may venture
to say there are more good vessels belonging to the town of Bos-
ton than to all Scotland and Ireland, unless one should reckon the
small craft such as herriug boats."

" Piscataway in Ncav Hampshire would in some years excell
Boston in the fish trade if they were denyed the liberty of carry-
ing ship timber to foreign parts ; they are much better seated for
the fishing than Boston is.

" Some Merchants at Boston with whomldiscours'd sometimes
about the trade of that Province and what proportion it carryed
with the trade of New York and that of New Hampshire, com-

BELLOMONT PAPERS. 357

putcd that Boston liad four times the trade of Xew York, and
New York four times the trade of Xo\v llamijsliire; but I afler-
"svards examined the entries and cleariuy of all the three Custom
Houses and found that the trade of Ncav York were almost half
as much as that of Boston, and the trade of New Hampshire (ex-
cept for lumber and about 1300 quintals oftish) not the tenth part
of Now York, from the 2o"' of December, 98, to the 25 of Decem-
ber, 91)."'
[p. 794.]

" I send the copy of M"" Armstrong's letter to me (N° 27.)
which letter I luive newly received, M"' Armstrong is Naval
Officer of New Hampshire. You will there find how M"' Part-
ridge the L* Governor proceeds in the trade of ship timber to
Portugal, notwithstanding I sent him a copy of that paragraph in
your Lordships letter of the 19'^ of last April, Avherein your Lord-
ships express your dissatisfaction at his being concerned in
such trade, and direct me to put all the discouragement upon it
that I can, without violation to law. He writ me word he Avas
sorry he had given any offence to j'our Lordships; which, by
what I now perceive he meant as a jeer, since he proceeds to
carry on the same trade. I desire your Lordships will consider
whether it will not be proper to recommend the passing an Act of
Parliament this session to prohibit that trade in all the Planta-
tions, the ill consequence Avhereof I have already ofFered your
Lordships my thoughts of, and by all means I am humbly of
opinion M'' Partridge ought to be remov'd from that station,
which is too honorable for him and he no way qualified for it. I
could easily send the Frigat that's here, to Piscataway and stop
his two ships, but then I shall be lyable to be sued by Partridge
and the merchants in London that are his correspondents, since
there's no statute to justify me.
[p. 795.]

" I desire your Lordships will please to direct me how lam to
behave myself with Mr. Partridge ; and it were worthwhile lo
dispatch away a small frigat or advice boat with your orders, that
they may overtake Partridge's two ships before they sail. "We
shall never be able to turn a trade to England for ship timber so
long as that trade of Mr. Partridge (and of others by his exani-
I)le) is suffer'd to Portugal, where to be sure ship timber must
bear a much greater price than in England, because Portugal is
not a wooded country. I remember I rebuk'd Sir Henry Ashurst
in the Privy Garden at Whitehall for procuring Mr. Partridge to
be made Lieut Governor of New Hampshire, who is a carpenter

358 PROVINCE OF NEW-HAMPSHIRE.

by trade and a sad weak man. I told liim his genius had a strong
byass to Carpenter-Governors, for he it was (with M"" JNIalhew)
that got Sir W" Phipps made Governour of New England."

The Earl of Bellomont to the Lords of Trade,
[p. 825.]

" They have got about 40 saw mills up in this Province, which
I hear rids more work or destroys more timber than all the saw
mills ill New Hampshire. Four saws are the most in New Hamp-
shire that work in one mill, and here is a Dutchman lately come
over who is an extraordinary artist at those mills. INP Livingston
told me this last summer he had made him a mill that went with
12 saws. A few such mills will quickly destroy all the woods in
the Province at a reasonable distance from them.

"The trade of ship timber from New Hampshire and the Mas-
sachusetts, to Spain and Portugal, will go on more and more, till
there be an Act of Parliament to forbid and make it penal. For,
to use a person's expi-ession that has lately writ to me from Bos-
ton about the mischeif of that trade, those people laugh at your
Lordship's order against it, and so they would at an order from
the King. They know very well that nothing but an English Act
of Parliament can hinder them, and such an Act would easily be
obtained to ijass, I sliould think."

New Yorke ?
Jan. 2^ 1700-1 ^

" The King to the Earl of Bellomont.
[p. 839.] ^

The Quota of men to be furnished by His Majesty's respective
Plantations on the Continent of America towards the defence of
the Frontiers of New Yorke in case they be invaded by an enemy.

Men.
Massachusetts Bay 350

New Hampshire 40

Phodc Island 48

Connecticut ' 120

New Yorke 200

East New Jersey 60

West New Jersey 60

Pennsylvania 80

Maryland 160

Virginia 240

1358
Hampton Court, the 19"^ day of January 1700-1."

1701.] RECORDS OF COUNCIL. 359

[p. 41.] Province of New Hampshire.

At a Council lield at Portsm" the 30* of
October, 1701, Ante meridiem.
Present.
The Hon^'« Wm. Partridge, Esq. Lt. Gov.

John Hinks, ) -p, , Robert Elliott, ) p

Nath. Fryer, j ^^^^' Wm. Vaiighan, \ ^^*^l'^'

Richard Waldron, Esq.

Wm. Attwood, Esq. produced a Commission (dated the
19"' day of March in the 13"' year of King William's
Reigne) to tlie Board for the constituting and appointing
him Judge of the Admiralty^f this Province, and the same
l)cing read publikcly here, the said W"\ Attwood, Esq. took
the Oaths appointed by Acts of Parliament instead of the
Oaths of Allegiance and Supremacy and repeated and sub-
scribed the Declaration and Association.

Province of New Hampshi''.

At a Council held at Portsm" on Wednesday
the 26"' day of November, 1701.
Present.
The Hon''''' Wm. Partridge, Esq. Lieut. Governor.

Robert Elliott | ^.^ ^ Peter Cofifin ) j, ,

Wm. Yaughan j "' ^ ' John Gerrish \ ^^

Richard Waldron, Esq.

Ordered, that Richard Waldron and Theodore Atkinson,
Esqs. have accustomed fees paid them for taking y'" inquest
of two dead bodies found drowned.

Ordered, that a Thanksgiving day be kept throughout
this Province on Thursday next come fortnight.

Elisha Bryers Debenter being read, was allowed at this
Board being for 72 days attendance upon the Council at 3s
per day, am" in the whole to 10<£ 10s and ordered to be
paid by the Treasurer.

360 PROVINCE OF NEW-HAMPSHIRE. [1701.

[p. 42.] Province of New Hampshire.

At a Council held at Portsm° the
S-^ of December, 1701.
Present.
The Hon''"^ William Partridge, Esq. Lt. Govern''.
John Hinkes \ y Wm. Vaughan ) ^

Peter Coffin \ ^^'^^^' John Gerrish \ ^^^^•

Richard Waldron, Esq.

Whereas the Bounds of the several towns in this Prov-
ince are settled by Law, and no persons are yet appointed
to run the Bounds Lines between the said Towns,

Ordered, by the Lt. Govern'' and Council that the men
hereafter mentioned are appointed to run the Lines between
Town and Town in said Province, with such others as the
Selectmen of the sever" Towns shall send with them ; And
to make good and sufficient Bound Trees or Bound marks,
and to begin to proceed in soe doing the next Monday, be-
ing the eighth day instant, if the season will permit, and
soe to continue until the same be finished if the season pre-
vent not ; if it doe to take the first opportunity to begin
and finish the same as the weather will allow : The men
appointed are three in every Town, them or any two of

them.

( Major Wm. Vaughan.
For the town of Portsm° < Capt. Mark Hunkin.

( Capt. John Pickerin.

( Nath. Weare, Esq.
For the town of Hampton } Capt. Henry Dow.

( Ephraim Marston.

( Capt. John Tuttle.
For the town of Dover < Lt. James Davis.

( Lt. William Furber.

( Mr. Jonathan Wadleigh.
For the town of Exeter < Ensign Nicholas Gilman.

( John Foulsham.

[p. 43.]

( Mr. James Handle.
For the town of Newcastle < James Leach.

( Wm. Berry.

1701.] RECORDS OF COUNCIL. 361

Province of New Hampsh^

At a Council held at Portsm^ the lo'**
day of De'"', Anno Domini, 1701.

Present.
Wm. Partridge, Esq. Lt. Governor.
John Hinkcs Esq. William Vaughan Esq.

Richard Waldron, Esq.
"Whereas complaint is made that two of the ])crsons ap-
pointed for Portsmouth to run the Bound lines between the
respective Bounds of this Province, and appeared not to do
their duty therein.

Ordered, that Mr. William Cotton attend that service,
being appointed thereto.

Province of New Hampsh''.

At a Council held at Portsm'' the 29''^
of December, Anno Domini, 1701.

Present.
The Hon"® Wm. Partridge, Esq. Lieut. Governor.

John Hinkes ) -^ Peter Coffin ) ^ .

Robert Elliott ] ^^^^- Wm.Yaughan \ ^'^'^^'

Richard Waldron, Esq.

The Honorable Wm. Partridge, Esq., his Debenter be-
ing read at this Board amounting to 4<£ 18s, was allowed
and ordered to be paid by the Treasurer.

The complaint of Mr. Ichabod Plaisted Deputy Survey*"
of his Maj'ty's Woods and Timber for said Province, against
Jeremiah Gilman, James Gilman, and David Gilman, about
cutting down of several trees in said Province not surveyed,
contrary to the King's order, was read at y'* Board all par-
tys aj)])earing.
[p. 44.] Jeremiah Gilman, James Gilman and David Gil-

362 PROVINCE OF NEW-HAMPSHIRE. [1702.

man confessed what was alleaged in the said complaint, and
submitted themselves to the Govern'' and Council.

Ordered that the said three Gilmans pay the charges, be-
ing 9X 3s, and stand committed until they pay the same.

Province of New Hampsh''.

At a Council held at Portsm" on Thursday, the
26"^ day of February, Anno Domini 1701-2.
Present.
The Honorable Wm. Partridge, Esq. Lieut. Gov"^.
John Hinkes, Esq. Robert Elliott, Esq.

"Wm. Vaughan, Esq.
Ordered, that Major Wm. Yaughan issue forth his orders
to Capt. Peter Coffin of Exeter, Capt. John Woodman of
Oyster River, and Capt. John Tuttle of Dover, that they
keep Scouts of two men daily from Kings Town to Salmon
Falls River, till further order from said Major Yaughan.

Province of Xew Hampsh^

At a Council held at Portsm" on Wednesday, the 4"'
of March, post meridiem. Anno Domini, 1701-2.

Present.
The Hon*'"' Wm. Partridge, Esq. Lt. Govern''.

;^ohn -Hinkes, ^ Wm. Yaughan, j

Nath' Fryer, \ Esqs. John Gerrish, > Esqs.
Peter Coffin, ) Richard Waldron. )

The Lt. Govern'' having been credibly informed that the
Indians by their late carriage in some of the Frontier
Towns has given just occasion of suspition that they design
mischief ag^' us, — for prevention whereof it is ordered : —
[p. 45.] That the several Captains of the respective towns

17(12.] RECORDS OF COUNCIL. 363

of Dover, Oyster lliver and Exeter, doc foi'tliw i(li oilier
k^couts to I)e kept on the heads of the said Frontier Towns
as foil, to wit :

That Ca])t. Peter Coflhi, Esq. of Exeter doe send two
men to Scout from Exeter to Pick Pockett Mill, and thence
to Kings-Town, and so back to Exeter ; also to send two
men to Lamperill River to the house of John Smiths and
soe back to Exeter.

That Capt. Woodman, of Oyster River, do send two men
from Oyster River to Lamperill River to the said Smiths,
and so back, and two other men from Oyster River to Toll
end Falls to the house of John Hamm, Jun : and that Capt.
John Tattle, of Dover, doe send two men from John Hamms
at Toll end Falls to Salmoiid Falls to the house of Capt.
Ichabod Plaisted, and that this Scout be daily kept by such
persons as the respective Capt® shall think most fit to be
employed in this service, until further order, unless on such
days as the weather will not admit of travel : and this Order
the Secretary is required forthwith to send to the several
Capts. aforesaid, whose obedience thereto is strictly re-
quired.

Ordered, that the Secretary give notice to ]\[ajor Wm.
Yaughan, that the present ]\rilitary watch in the town of
Portsm" be continued, till further order.

Province of New Hampsh''.

At a Council held at New Castle on Saturday the
28"' day of March, Anno Domini, 1702.
Present.
The Hon''^° Wm. Partridge, Esq. Lt. Gov^

John ITinkes ) ., Robert Elliott } ..

Nath' Fryer \ ^^'l'^* Wm. Yaughan \ ^^-^''1^'

Richard Waldron, Esq.

Whereas the Gen" xVsscmbly of this Province was Pro-

364 PROVINCE OF NEW-HAMPSHIRE. [1702.

rogued to the first Tuesday in April next, the Lt. Governor
was pleased, with the advice of his Maj'tys Council, to
Order, that Proclamations goe forth to the several Towns
of the Province for the Proroging the s*^ Assembly till the
Second Tuesday in May next ; and that the Secretary forth-
with make out the same.

Ordered, that all scouting be left off which was formerly
ordered to be kept at the heads of the Rivers, and that the
Secretary give notice to Peter Coffin Esq., Capt. John
Woodman, of Oyster River, and Capt. John Tuttle of Dover
accordingly.

[p. 46.] Province of New Hampsl/.

At a Council held at Portsm"
the 2^1 June, 1702.
Present.
The Hon''"= Wm. Partridge, Esq. Lt. Govern^

John Hinkes, j Peter Coffin, ^

Nath^ Fryer, > Esqs. Wm. Yaughan, > Esqs.

Robert Elliott, ) Rich. Waldron, )

The Lt. Governor signifying his having received sundry
uncertain Rumors of the death of his most excellent Maj-
esty King William the Third, over England, &c. and that
the High and mighty Princess Ann of Denmark, was pro-
claimed Queen of England, &c., he thought meet to advise
with the Council thereupon ; when it was immediately Re-
solved, that as soon as any certain advice thereof should
arrive, the High and Mighty Princess Ann of Denmark,
should be proclaimed Queen, &g.

Province of New Hampsh^

S'-'i of June 1702.

The Lt. Govern'' Receiving a Letter from the Hon''^*' her
Maj'tys Council of the Massachusetts Bay, wherein he was

1702.] RECORDS OF COUNCIL. 365

ascertained that the ti-utli of tliat dismal news, the death
of his Most Excellent Majesty Kini^ William the Third, of
glorious memory, — he thereupon forthwith ordered the^Iili-
tia to be in Arms the next morning, which was accordingly
attended ; and after a Condolence for the Kings uidiai)py
death, Proclamation was made of the High and Mighty
Princess ANN, of Denmark, Queen of England, Scotland,
France and Ireland, Defender of the Faith &c. : first at her
Maj'tys Fort at the Great Island ; and then at the Town of
Portsmouth; at the celebration of [p. 47.] which solemnity
all the great Gunns at the Fort and Town were discharged
with sundry volleys of small Sliott, the Lt. Govern'' Coun-
cil and principal Gentlemen of the Province being present,
the ceremony was performed with all decency and the great-
est demonstrations of joy and satisfaction imaginable.

Province of New Harapsh''.

At a Council held at New Castle, on
Monday, the 1;V" of June, 1702.

Present.

The Hon'^^^ Wm. Partridge, Esq. Lt. Govern^

John Ilinkes ) ^ Robert Elliott ) p

Nath. Fryer j ^^^^- Richard Waldron \ ^^^^'

Upon the advice of the arrival of his Excellency Col.
Joseph Dudley at Boston, Govern'' of the Massachusetts
Bay and New Hampshire, — It is thought meet that a Con-
gratulary Address be sent to his Excellency, with all expe-
dition from her Maj'tys Council in this Province, and that
Mr. Secretary Story, Richard Jose, and Theodore Atkinson,
Esqrs. be the persons that shall goe and present said Ad-
dress to his Excellency at Boston. Copy of Address upon
file.*

* Tliis Address not now to be found. — Ed.

366 PROVINCE OF NEW-HAMPSHIRE. [1702.

[p. 48.] Province of New Hampsh''.

At a Ooimcil held at Portsm° on Tuesday,
the 7"' July, 1702, ante meridiem.
Present.
The Hon''^'^ Wm. Partridge Esq. Lt. Governor.

John Hinkes, ) ^ Robert Elliott, ) ^

Nath. Fryer, j ^^'^^- Richard Waldron, \ ^^^^^

The Lt. Govern'' having rec'^ the Declaration of War from
his Excellency Joseph Dudley, Esq. between England, and
France and Spain, acquainted the Council therewith, and
desired their advice about proclaiming the War. Immedi-
ately upon which, the Militia was ordered in arms at the
town of Portsmouth, and about twelve of the clock at Noon
the Declaration of War was published in said town of
Portsmouth, as also at her Maj'tys Fort at New Castle,
when several great Guns and volleys of small Shott were
fired. The Lt. Govern"", several of the Council, and a great
many of the principal Gentlemen and inhabitants of the
Province were present.

This Ceremony was performed as accustomed.

ANNE R.

[Ti-anscribed from a Copy in the Secretary's Office.]

ANNE, by the Grace of God of England, Scotland, France and
Ireland, Queen, defender of the faith &c:

To our Trusty and well beloved Joseph Dudley, Esq., Greeting.
Wee, Reposing special Trust and Confidence in the Prudence,
Courage and Loyaltie of you the said Joseph Dudley, out of our
especial Grace certaine knowledge & meer motion have thought
fitt to Constitute & appoint, and by these presents doe Constitute
and appoint you, the said Josei)h Dudley, to be our Governor and
Commander in Chief of all that part of our province of New
Hampshire, within our Dominion of New England, in America,
lying & extending itselfe from three miles northward of Merri-
m^ack River or any part thereof, unto the Province of Maine

1702.] RECORDS OF COUNCIL. 307

Willi the soiilh part of (lio Isle of Shoals: And Avoe doc licroby
C'oiiiiiiaiul and roiiiiire you to doo «fc Execute all thiiii'S in due
luauncr that shall beloiij;' unto yovu' said Command and the Trust
wee have IJeposed in you accord inii' to the several Powers and di-
rections Granted and appointed you by this present Commission,
& the Instructions herewith given you or by such further powers
& Instructions as shall at any time hereafter be granted or ap-
pointed you; under our Signett or Signe Manuall and according
to sucli i;casonal)le Lawcs and Statutes as now are & hereafter
shall be made and agreed upon by you with the Advice and Con-
sent of the Councill and the Assembly of our said Province and
Plantation under your Government in such manner and form as is
hereafter expressed. And wee doe hereby give full power to you
the said Joseph Dudley, after yon shall have first taken the Oaths
for the due Execution of the Office and Trust of our Governor
and Commander in Chief, in and over our said Proviiice of New
Hampshire, which the said Councill or any live of them have here-
by full power and Authority, and are i-equired to administer unto
you, to give and Administer to each of the members of our said
Councill as well the Oaths appointed by Act of Parliament to be
taken instead of the Oaths of Allegiance and Supremacy, as the
Test, and an Oath for the due Execution of their places and Trust,
and likewise to require them to Subscribe the late Association
mentioned in an Act of Parliament made in the Seventh & Eighth
years, of the Eeigue of our late Royal Brother, King- W" the
third, of blessed memory; entitled an Act for the better security
of his Maj'J' Koyal person and Government, — And, Avee doe hereby
give & grant unto you full power and Authority to suspend anj-
of the members of our said Councill from sitting, voting or assist-
ing therein, if you shall finde just cause for soe doing, and if it
shall at any time happen that by the Death, Departure out of our
said Province, or suspension of any of our said Counsellors there
shall happen to be a vacancy in our said Councill, any three
whereof wee doe hereby appoint to be a Quorum, Our will &
pleasure is, that you signify the same unto us by the first opportu-
nity, that we may under our Signett & Signe manuall Constitute
& appoint others in their Roome. But that our Affairs at that
distance may not sutler for want of a due number of Counsellors,
if it shall at any time happen that there are less than seaven of
them Residing in our said Province, Wee doe hereby give and
grant unto you full power and Authority to Choose as many Per-
sons out of the principal freeholders, inhabitants of our said Prov-
ince as will make up the full number of the Councill to be Seaven

368 PROVINCE OF NEW-HAMPSHIRE. [1702.

and noe more; which persons soe chosen & appointed by you
shall be to all intents and purposes our Counsellors in our said
Province till either they are confirmed by us, or until by the nom-
ination of other Counsellors by us under our Signe manuall and
Signett, the said Councill hath above seaven persons inst. And
■\vee doe hereby Give & Grant unto you full power and authority,
with the Advice and consent of our said Councill from time to
time as need shall require, to summon and call Assemblies of the
freeholders within our Government in such manner and forme, as
by the advice of our Councill you shall finde most convenient for
our service. And the Good of our said Province; And our will
and iileasure is that the persons thereupon duely elected by the
Major jiart of the freeholders, and being soe Returned and having
before their sitting taken the Oaths appointed by Act of Parlia-
ment to be taken instead of the Oaths of Allegiance and Suprem-
acy, And Subscribed the Test & Association aforesaid, which
Oaths you shall Commissionate fitt persons. Under the Publick
Scale to Administer, and without taking the said Oaths and Sub-
scribing the said Test and Association, none shall be capable of
sitting, tho elected, shall be called and held the Assembly of our
said Province, And that you, the said Joseph Dudley, by and with
the Advice and Consent of our said Councill and Assembly'", or
the Major part of them Respectively, have full power and Author-
ity to Constitute & Oi'daiue LaAVS, Statutes & Ordinances for the
Publick peace, welfare & good Government of our Said Province
and Plantation and of the people and Inhabitants thereof, and
such others as shall resort thereto. And for the benefit of us our
heires and Successors, which said Lawes, Statutes and Ordinances
are to be as near as may be Agreeable to the Lawes and Statutes
of this our Kingdom of England — Provided, that all such Stat-
utes and Ordinances of what nature or Duration soever be within
three months or sooner after the making thereof transmitted unto
us under the publick Seale, for our approbation or disallowance of
them, as alsoe Duplicate thereof by the next Conveyance, and in
case all or any of them being not before Confirmed by us, shall at
any time be disallowed and not approved, and soe Signified by us,
our heires or Successors, under our or their signe manual, or sig-
nett, or by order of our or their privy Councill unto you the said
Joseph Dudley, or to the Commander in Chief of our said prov_
ince for the time being, then such or soe many of them as shall be
disallowed and not approved shall from thenceforth cease, deter-
mine and be utterly voyde and of none effect anything to the con-
trary thereof in any wise notwithstanding : And to the end noth-

170-2.] RECORDS OF COUNCIL. 3G9

ing may 1)0 passed or done by the said Couiu-ill or As=oni1>ly to
the prejudice of us, our lieires and successors, Wkk Mill and
Ordaine that you the said Joseph Dudley, shall have and enjoy
a negative voyce in the making «fc passing of all Lawes, Stat-
utes and Ordinances aforesaid, And that you shall and may like-
wise from time to time as you shall judge it necessary, Prorouge
and Disolve all Generall Assemblies as aforesaid; And our will
and pleasure is that you shall and may keep and use the pub-
lick Scale, appointed or to be appointed by us for that our
Province : And wee doe further give and grant unto you the said
Joseph Dudley, full power & authority from time to time, and at
all times hereafter, by yourself or by any other to be authorized
by you in that behalfe to Administer the Oaths appointed by Act
of Parliament to be given instead of the Oaths of Allegiance and
Supremacy, to all and every such person and persons as you shall
thiuk fitt, who shall at any time or times pass into our said Prov-
ince, or shall be Resident or abiding there ; Wee doe hereby Give
and Grant unto you full power and Authority to Erect, Constitute
and Establish such and soe many Courts of Judicature and Pub-
lick Justice, Avithin our said Province as you and tliey shall think
fitt and necessary, for the hearing and determining of all Causes
as well Criminall & Civill, according to Law and Equity, and for
Awarding Execution thereupon, with all Reasonable, and neces-
sary powers, Authorityes, fees, and priviledges belonging unto
them; As also to appoint and Commissionate fitt persons in the
Severall parts of your Government to Administer the Oaths ap-
pointed by Act of Parliament, to be taken instead of the Oaths of
Allegiance and Supremacy, And the Test unto such as shall be
obliged to take the same : And likewise to require them to sub-
scribe the fore mentioned Association ; And wee doe hereby au-
thorize & Impower you to Constitute and appoint Judges, Justices
of the Peace, Sheriftes, and other necessary Officers and Ministers
in our Said Province for the better Administration of Justice and
putting the Lawes in Execution, And to administer or Cause to
be administered such Oathe or Oaths as are usuall for the due
Execution and performance of Olfices and places of Trust, And
for the clearing of Truth in Judicial Causes; Wee do further by
these X)rescnts will and require that Appeals be permitted to be
made in cases of Error from our Courts of New Hampshire, unto
you our Governor, and to our Councill and in your absence ft-om
the said Province to our L* Governor and our said Councill, in
Civill Causes, Provided the value Appealed for doe exceed the
sume of oue hundred pounds sterling; And that Security be first
24

370 PROVINCE OF NEW-HAMPSHIRE. [1702.

given bj- the Appellant to Answer such Charges as shall be
Awarded in case the first sentence shall be Affirmed: And
WHEREAS, we doe Judge it necessary that all our subjects maj^
have liberty to Appeale to our lloyal person in Cases that may
deserve the same ; Our will and pleasure is that if either Partie
shall not rest satisfied with the Judgement or Sentence of the Su-
perior Court of our said Province, they may then appeale unto us
in our Privy Councill, Provided that the matter in diflercnce Ex-
ceed the true value and surae of Three hundred pounds sterling;
And that such Appeale be made within fourteen dayes after sen-
tence. And that Security be likewise duely given by the Appel-
lant to Answer such Charges as shall be Awarded in Case the first
Sentence be Confirmed ; and Provided also that Execution be not
Suspended, by Reason of any such appeals unto lis: And wee
doe hereby give & grant unto you full power and authority, where
you shall see Cause, and shall Judge any oftender or Offenders in
Criminall matters or for any fines or forfeitures fitt objects of our
niercie, to j)arrdon all such Offenders and Remitt all such ofiences,
fines and forfeitures, before or after Sentence given, — Treason and
wilfull murder only excepted, — in which cases you shall likewise
have x^ower \\Y)on Extraordinary occasions, to grant Reprieves to
the Ofleuders untill and to the intent our Avill and Pleasure may
be known therein : And wee doe hereby Give and Grant unto you
the said Joseph Dudley, by your selfe, your Captains & Command-
ers by you to be Authorized, full power and Authority to Levj%
Arm, Muster, Command & Employ all persons whatsoever Resid-
ing within our Said Province of Xew Hampshire, and as occasion
shall serve them, to transfer from one place to another for the
Resisting and withstanding of all Euemys, Pirates and Rebells
both at Land and Sea, and to transport such forces to any of our
Plantations iu America as occasion shall require, for the defence
of the Same Against the invasion or attempt of any of our Ene-
mies, Pirates and Rebells, if there shall be occasion, to Pursue and
l)i-osecute iu or out of the Limitts of our said Province or Planta-
tions or any of them, and if it shall please God them to vanquish,
Apprehend and take, and beiug taken either according to Law to
put to death or keep & preserve alive at your discretion, and to
Execute Martiall Law in time of Invasion, Insurrection or Warr
and to doe and Execute all and every thing and things Avhich to a
Captaine Geuerall doth or ought of Right to belong, as fully &
amply as any our Capt. Generalls doth or hath usually done:
And wee doe hereby Give and Grant unto you full power &
Authority, by and with the Advice & Consent of our said Coun-

1702.] RECORDS OF COUNCIL. 371

cill, to Erect, Eaisc and Build in our said Proviiicf sui-li and soc
many forts, platforms, Castles, Cittyes, Borroughs, Towns and
fortifications, as by the Advice aforesaid shall be thought neces-
sary: And the same or any of them to fortilie and furnish with
Ordinance, Amnmnition, and all sort of Arms, fitt & necessary
for the security and defence of our said Province; and by the
advice aforesaid the same again or any of them to demolish or
dismantle as may be most Convenient: AVee doe hereby Give &
Grant unto you the said Joseph Dudley, full power and Aiithority
to Erect one or more Court or Courts Admirall within our said
Province for the hearing & determining all ]\[arine and other
causes and Matters proper to be heard therein, with all Reasonable
and necessarie powers, Authoritys, fees, and Priviledges: As also
to execute all powers belonging to the place and OiTice of Vice
Admirall of, and in all the Seas and Coasts belonging to your
Government, according to such Commission, Authority, and In-
structions as you shall receive from our selfe under the Scale of
our Admiralty or from our high Admirall or Commanders for ex-
ecuting the office of High Admirall of our foreigne plantations for
the time being: And forasmuch as divers mutinyes and disorders
doe happen by persons shipped and employed at sea during the
time of AVarr, to the end that such persons may be the better Gov-
erned and Ordered, Wee doe hereby Give & Grant unto you the
said Joseph Dudley, our Governor & Commander in Chiefe full
power and Authorityto Constitute and appoint Captaines, Masters
of Shipps and other Commanders, and to Grant to such Captaines,
Masters of Shipps and other Commanders, Commissions to Execute
the LawMartiall during the Time of Warr, and to use such proceed-
ings, Authority, Punishment, Correction & Execution Upon any
Offender or Otlenders which shall be mutinous, Seditious, Disor-
derly or any Avay unrulye either at Sea or during the time of their
Abode or Kesidence in any of the ports. Harbours, or Bays of our
said province or Territoryes as the cause shall be found to require,
according to i\lartiall Law, during the time of Warr as aforesaid:
Provided that nothing herein contained shall be construed to the
enabling you or any by your Authority to hold plea or have juris-
diction of any offence, Cause, matter or thing Committed or done
upon the High Sea or "within any of the Havens, Rivers, or Creeks
of our said Province or Territoryes under your Government by
any Capts, Commanders, Lieuten', Master, or other Officer, Sea-
men, SouJdier, or person whatsoever, who shall be in xVctuall Ser-
vice and pay in or on Board any of our Shii)ps of Warr or other
vessels. Acting by Iniediate Commission or Warrant from our

372 PROVINCE OF NEW-HAMPSHIRE. [1702.

Lord liigh Admirall of England, now and for the time being,
under the Seal of our Admiralty, or from the Com" of Executing
the Otfice of our high Admirall of England for the time being;
but that such Captaine, Commander, Lieutenant, Master, Officers,
Seaman, Souldier, or other person soe offending be left to be pro-
ceeded against and tryed as the meritts of their offences shall
require, either by Commission LTnder our Great Scale of England
as the Statute of the twenty eighth of Henry the Eighth directs,
or by Commission from our High Admirall of England now and
for the time being, or from the Commissionei's for Executing the
ofSce of High Admirall of England for the time being, according
to the Act of Parliament, Passed in the Thirteenth 3'eare of the
Reigne of our late Eoyall Unkle King Charles the Second, Enti-
tled an Act for the Establishing Articles and Ordinances for the
Regulating and better Government of his Majesties Navy, Shipps
of Warr, and forces by Sea, and not otherwise ; Saving only that
it shall and may be Lawful! for you upon any such Cap' or Com-
manders refusing or neglecting to execute, or upon his negligent
or undue execution of any the written ordeis he shall receive from
you for our Service and the Service of our said province, to sus-
pend him the said Capt. or Commander from the exercise of his
said office of Commander, and Committ him into Safe Custodye
either on board his owne Shipp or elsewhere at your discretion,
in order to his being brought to Answer for the same, either by
Commission Under our Great Seale of England, or from our High
Admirall of England Now and for the time being, or our Com-
manders for executing the office of High Admirall of England for
the time being, as is before expressed, in which Case Our Will
and pleasure is that the Capt. or Commanders soe by you sus-
pended shall during such his suspension and Committment be suc-
ceeded in his said Office by such Commission or Warrant Officer
of our said Shipp appointed by our High Admirall of England
now, or for the time being, or by our Commanders for executing
the Office of our High Admirall of England for the time being, as
by the Known practice and Discipline of our Navy does and ought
next to succeed him, as iu Cases of Death, Sickness or other ordi-
nary Disability hapening to the Commander of any our Shipps of
Warr, and not otherwise ; you standing alsoe accountable to us
for the truth and Importance of the Criiues and Misdemeanors for
which you shall soe proceed to the Suspending of such our Capts.
or Commanders, Provided alsoe that all disorders and Misde-
meanours committed on Shoar by any Capt. Commander, Lieuten-
ant, Master, or other Officer, Seamen Soldier, or person what-

1702.] RECORDS OF COUNCIL. 373

soever belonging to any our Shipps of Warr, or otlicr A'cssclls
Acting' by Innncdiate Warrant or Commission from onr lliyU
Admirall of Eiiglaiul, now and for tlie time being, or from onr
Com" for executing the ottice of onr High Admirall of England,
Under the Seale of our Admiralty, for the time being, may be
tryed and punished accoi'ding to the Lavves of the place where
any such Disorders, Ottences and Misdemeanors shall be soe com-
mitted on Shoare, notwithstanding such ofl'enders be in our Actu-
all service and in onr pay on Board any su(;h Ship])s of "Warr or
other vessels Acting by Immediate Commission of Warrant from
our High Admirall of England now and for the time being or from
our Commanders for executing the office of our High Admirall of
England for the time being, soe as he shall not receive any pro-
tection for the avoyding of Justice for such offences Committed
on shore from any pretence of his being Imployed in our Service
at Sea.

OuK FUKTHER WiLL and pleasure is, that all Publick money
Raised or to be Raised within our said Province, and other the
Territories depending thereupon, be Issued out by warrant from
you by and Mith the advice and Consent of the Councill, and dis-
posed of by you for the support of the Government and not other-
wise; And wee doe hereby likewise give and Grant imto you full
power and Authority by and with the advice of our said Councill,
to agree with the Inhabitants of our Province and Territories afore-
said for such Lands, Tenements, and Hereditaments as now are,
or hereafter shall be, in our power to dispose of and them to Grant
to any person or i)ersons for such Termes and under such mod-
erate Quitt Rents, services aiul acknowledgements to be thereupon
Reserved unto us, as you by and with the Advice afoi'esaid siiall
think titt; which said Grants are to pass and be Sealed by our
Seale of New Hampshire, and being entered upon Record by such
Officer or Officers as you shall appoint thereunto, shall be good
and etfectuall in Law against us our Ileires and Successors; And
wee doe hereby give you full power to Order and appoint fairs,
Marts, and Marketts within our said Province as you, with the
Advice of our said Councill, shall think titt, and to Order and
appointe such and soe many Ports, Harbours, Bays, Havens, and
other places for the Conveniencyc and Securitie of Shipping, And
for the better Loading and unloading of Goods and ^Merchandize
In such and soe many places as by you with the advice & consent
of our said Councill shall be thought titt and Convenient, and in
them or any of them to Erect, Nominate & appoint Custome Houses
Warehouses, and Officers relating thereunto, and Ihcm to alter,

3T4 PROYIN'CE OF NEW-HAMPSHIRE. [1702.

chang-e, Place and displace from time to time as with the Advice
aforesaid shall be thought litt ; And wee doe by these presents,
will require and Command you to take all possible care for the dis-
countenance of Vice and incouragement of Virtue and good liv-
ing. That by such examples the Infidells may be invited & may
desire to pertake of the Christian faith: And further our will
and pleasure is that you shall not at any time hereafter by Colour
of any power or Authoritye hereby granted or mentioned to be
Granted take upon you to give Grant or Dispose of any otiice or
place within our said Province or Territories which now is or
shall be Granted under the Great Scale of England, any further
than that you may upon the Vacancye of any such Otiice or sus-
pension of any Officer by you put in any person to officiate in the
iutervall, untill the said place be disposed of by us, our heires or
Successors under the Great Scale of England, or that our direc-
tions be otherwise given therein : And "Wee doe hereby require
and Command all officers and Ministers Civill and Military, and
all other Inhabitants of our said Province to be Obedient aiding
and Assisting unto you the said Joseph Dudley, in the Execution
of this our Commission, and of the powers and Authorities here-
in contained, and in case of your death, or absence out of our
said Province, unto such person as shall be appointed by us to be
our Lieutenant Governor or Commander in Chiefe of our said
Province, to whome wee doe therefore by these presents, Give and
Grant all and Singular the powers and Authorities aforesaid to be
Executed and enjoyed by him during our pleasure or untill your
Returne to our said province, and if upon such death or absence
there be noe person upon the place Commissionated or api)ointed
by us to be our Lieuten' Governor or Commander in Chiefe, Our
Will and pleasure is that the then present Councill of Xew Hamp-
shire doe take upon them the administration of the Government
and Execute this Commission and the Severall jjowers and Au-
thorities herein contained, and that such Councillor, who shall be
at the time of your death or absence, Residing within the same &
nominated by our Instructions to you before any other at that
time Residing there, doe Preside in our said Councill with such
powers and preheminencies as any former President hath used
and enjoyed within our said Province, untill our pleasure shall be
known therein, or Untill your Returne as aforesaid: And wee
doe hereby declare, Ordaine and appoint that you the said Joseph
Dudley, shall, and may hold Execute & enjoy the Office and place
of our Governor and Commander in Chiefe, in and over our Prov-
ince and Plantation of New Hampshire, together with all and

1702.] RECORDS OP COUNCIL. 375

Sinjifular the Powers and Authorities hereby Graiitctl unto you
for and during our AVill & pleasure Iniediately upon your Arrivall
witliin our said Province of New Hampshire and the Publication
of this our Commission. And Lastly we have dctennined and
made voyde and by these presents doe determine and make void
the like Commission or Letters Patents under the Great Scale of
England, bearing date at AVestnr the thirteenth day of February,
now last Past, Granted by our said late Royall Brother King Will-
iam, the third, unto the said Joseph Dudley. In Wittnesse
whereof wee have caused these our Letters to be made pattents.
"Wittnesse our selfc at Westminster the first day of April 1 in the
first yeare of our Eeigne, [1702.]

Per brc de Privato Sigillo,

Wrigiite.

[p. 53.] Province of New Hampshire.

At a Council held at Portsm" Die Lunas

13"' July, 1702, ante meridiem.

Present.

His Excellency Joseph Dudley, Esq., Govern'" and Com-

mand''-in-chief in and over her Maj'tys said Province <tc.

The Honorable Wm. Partridge, Esq. Lt. Governor.

John Hinkes, ^

Nath. Fryer, > Esqs. Robert Elliott, ) -r,

Peter Coffin, ) Rich. Waldron, j ^^*^'^-

Her Majestys Letters Patents constituting his Excellency
Joseph Dudley, Esq. Governor, and Commander-in-Chief
in and over her Maj'tys Province of New Hampshire was
read and published.

Her Majestys Commission unto his Excellency Joseph
Dudley, Esq. to be Vice Admiral, <fec. was produced in
Council.

The Oaths appointed by Act of Parliament instead of the
Oaths of Allegiance and Supremacy, were by the Council
administered unto his said Excellency Joseph Dudley, Esq. ;
also his Excellency repeated and subscribed the Declara-
tion & Association, and took the Oaths ai)])ointcd l)y an Act

376 PROVINCE OF NEW-HAMPSHIRE. [1702.

of Parliament made in the 7'" and 8"' year of his late Maj-
est}- King Wm.'s Reign, to observe all matters and things
contained in the several Acts of Parliament in that Act
recited, and in that present Act, before the Lieut. Govern'
and Council.

Adjourned till 5 a clock, post meridiem.

[p. 54.] Province of New Hampsh''.

At a Council held at Portsm'^ by adjournment,
Die Luna3, 13"^ J^^ly, 1702, post meridiem.
Present.
His Excellency Joseph Dudley, Esq. Govern"" and Com-
mand'-in Chiefe, &c.
Wm. Partridge, Esq. Lt. Governor, &c.
John Hinkes, ^ Nath' Weare, "^

Natli' Fryer, l^ Sam' Penhallow,

Peter Coffin, f^^^^' John Plaisted, ' >^«^s-
Robert Elliott, j Henry Dow, j

His Excellency Joseph Dudley, Esq. Govern'" & Command''
<fcc. took the Oaths duly to execute the place of Governor
and Commander-in-Chiefe, in and over said Province.

The Hon'^''^ Wm. Partridge, Esq. Lieut. Govern'", John
Hinkes, Nath' Fryer, Peter Coffin, Robert Elliott, Nath'
Weare, Samuel Penhallow, John Plaisted and Henry Dow,
Esqrs. members of her Maj'tys Council, and Mr. Chai'les
Story, Secretary, took the oaths appointed by Act of Par-
liament instead of the oaths of Allegiance and Supremacy
and repeated and subscribed the Declaration and Asso-
ciation.

His Excellency Joseph Dudley, Esq. Govern'" and Com-
mand'" &c. was pleased to declare in Council that all Offi-
cers, civil and military, shall be and continue in their sev-
eral places and stations, as formerly, until further order ;
and that each and every of them take due care for the pres-

1702.] RECORDS OF COUNCIL. 377

cnatioii of the Peace, and that all her Maj'stys sulyects
within said Pi-oviiice, take notice to govern themselves
accordingly.

Ordered, that the same be forthwith published by the
Shcritle with l>eat of Prum, A'C.

[p. of).] Ordered, that her Majcstys Letters Patents, con-
stitnting his Excellency Josejjh Dudley, Esq. Govern'', and
Commander in Chiefe, in and over said Province, and her
Maj'tys Commission granted unto his Excellency to be Vice
Admiral, Arc. be witli all convenient speed, recorded by
Mr. Charles Story, Secretary, in the usual Book, for record-
ing such Commissions.*

Adjourned till tomorrow morning, 9 of the clock.

Province of New Hampsll^

At a Council held at Portsm° by adj* on Tuesday
the 14^'' of July, 1702, ante meridiem.
Present.
His Excellency Joseph Dudley, Esq. Govern'' and Com-
mand'' &c.
The Hon. Wm. Partridge, Esq. Lieut. Gov'".

John Hinkes, ^ Nath. Weare, "^

Nath. Fryer, 1 ^ Sam^ Penhallow, [^

Peter ColTtin, T^^^^' John Plaisted, f^^*^^'

Robert Elliott, J Henry Dow, J

His Excellency, by the advice of her Maj'tys Council
have thought fit that the Assembly of this Province con-
tinue in their Stations, and notwithstanding they were
adjo'^ by the Hon'^'° Wm. Partridge, Esq. Lt. Govern'" till
the first Tuesday in August next. It is Ordered that the
Sheritfc give notice to each member of the Assembly to ap-

* Tlic Commission of Gov. Dudley, as Vice-Admiral, is written in Latin, and re-
corded in Rook of Commissions in the Secretary's Office. It is judged inexpedient
here to publish it.

378 PROVINCE OF NEW-HAMPSHIRE. [1702.

pear in General Assembly at Portsmoutli on Friday morn-
ing, by ten of the clock, and that writts be issued [p. 66.]
forth for the new Election of three members of the Assem-
bly in loco — Sam^^ Penhallow and John Plaisted, of Ports-
mouth, Esqs. and Henry Dow of Hampton, Esq. who are
now members of her Maj'tys Council.
Adj'^ till 10 a clock Friday morning next.

Province of New Hampsh''.

At a Council held at Portsmouth, by adj*, on Wednes-
day the 22'^ July? 1T02, post meridiem.
Present.
His Excellency Joseph Dudley, Esq. Gov"" &c.
The Hon. William Partridge, Esq. Lieut. Govern^

John Hinkes, ) Sam. Penhallow, ^

Robert Elliott, \ Esqs. John Plaisted, |- Esqs.
Peter Coffin, ) Henry Dow, )

Ordered, that a Warrant be directed to the Captain of
the Fort Wm. and Mary that he suffer no Shipps or Vessels
to pass by said Fort without producing a particular clear-
ing, besides their former clearings, from the Treasurer or
Receiver of all Rates and Duties upon Lumber, and goods
imported and exported out of this Province : — which was
accordingly signed by his Excellency, and the Secretary of
ys Pi'ovince.

Ordered, that Mr. Theodore Atkinson, of New Castle,
and Capt. Henry Dow of Hampton, be Receivers under the
Treasurer, of all the Rates, Duties, &c. laid upon Lumber,
Goods, (fee. by an Act passed the IT"' July, 1702.
[p. 57.] Whereas there was formerly a vote by the Assem-
bly, that there should be twenty pounds allowed for the
Agent's passage and provision for England, and it appearing
that the said sum was not sufficient, but that there was 1 £
more laid out for the same ;

1702.] RECORDS OF COUNCIL. 379

Ordered, that the Lieut. Govern'' who disbursed the said
twenty seven pounds be paid out of the public Treasury,
and liave liis warrant to be paid accordinuly.

An Acct. of several dishursenionts for the Reception of
iiis Excellency the Govern'" and the (Jentlenien with him,
and for entertainment of men and horses at Hampton and
Portsmouth, made payable to the Hon'''*= the Lt. Govern'' ;
the several accts. being showed, amounting seventy seven
])0unds, eight and six pence, is allowed and ordered to be
j)aid, and warrant go out accordingly. Ace'* upon file.

Mr. Charles Story, Secretary, produced his ace"'* where
tlic Province is Dr. to him as Secretary of said Province,
amounting to seventy six pounds, ten shillings, and six
])ence, is allowed and ordered that he have his warrant ac-
cordingly, (saving the article of the second ten pounds for
ingrossing the Laws, which is referred to consideration of
the Assembly in their next Session.)

Ordered, that Richard Jose, Esq. High Sheriffe of said
Province, have twelve pieces of Eight allowed for his at-
tendance uj)on Ids Excellency and Council twelve days,
when his said Excellency came first here, and warrant go
out accordingly.

His Excellency, the Gov. having ac(|uaintcd the Council
that the Lieut. Gov. who attended him at Boston, at his
arrival, did by his desire and advice [p. 58.] present Capt.
Heme, Commander of the Centurion, with twenty pounds,
in the name of this Province, as an acknowledgment of his
respect to the Govern'' in his passage from England :

It is ordered, That the said twenty pounds be repaid
him, and that the next Assembly be acquainted therewith,
particularly, as well as in the accounts of disbursments in
ordinary to be laid before them.

The Gov'' declared in Council that the "Watches and
Wards in all out Towns begin on Monday next, and that
the Garrisons in said Several Towns under the hands of
the Govern'" or Lieut. Gov''^ order, be sufliciently repaired.

380 PROVINCE OF NEW-HAMPSHIRE. [1702.

Ordered, that whereas Officers are appointed at New Cas-
tle and Hampton for the receipt of several duties mentioned
in an Act entitled an Act for Impost, Tonnage, &c., that
the Secretary send Briefs of said Act to the said Officers
and to the Collector of her Maj'tys Customs of this Prov-
ince, that they may the better know what duties to receive,
and that the Collector acquaint all persons belonging to any
Shipp or vessel that shall come to be cleared at his office,
to go to such officer appointed to receive the Duties afore-
said, to be there cleared likewise.

George Jeffrey, one of the members of her Maj'tys
Council took the Oaths of Allegiance and Supremacy, and
subscribed and repeated the Test and Association.

[p. 59.] Province of New Hampsh^

At a Council held at Portsm" on Monday,
the 5"^ of October, 1702.
Present.
The Hon. Wm. Partridge, Esq. Lieut. Governor.

John Hinkes, ^ Nath. Weare, "^i

Nath. Pryer, \^ Sam. Penhallow, [^

Robert Elliott, (^^^^' John Plaisted, f"^^'^^'

Peter Coftin, J Henry Dow, J

The petition of Mr. Thomas Holland, relating to his
being divorced from his wife was read at this Board. Upon
which his wife Elisabeth Holland was sent for by this
Board to answer to said petition ; who accordingly came
and said petition was read to her. She answered as to the
Adultery she was guilty of it, but not to soe such lewd car-
riage as is mentioned in said ])etition ; — and further said,
that since she committed such adultery, the said Mr.
Thomas Holland had forgiven her and had took her into
his arms and had carnal copulation with her in Mr. Jeffrey's
house, and she tendered to give her oath of it; Mr. Thomas
Holland, then present, tendered his oath to the contrary.

1"02.] RECORDS OF COUNCIL. 381

Mrs. Hannah Jeffrey's and Margarctt Owen was sent for
to this Board to answer to such questions as should he pro-
j)Oscd to them relating to Mrs. Holland's lodging or lying
all night with her husband, Mr. Thomas Holland, in the
house of Mr. Jeffrey.

[r. GO.] ]\[rs. Hannah Jeffrey being asked the question
what she knew of ]\Irs. Holland and her husband Mr. Hol-
land's lying all night together at Mr. Jeffreys house, an-
swered she could not say Mrs. Holland lodged or lay all
night with her husband Thomas Holland, and said that
Mrs. Holland was in Mr. Holland's bed chamber when he
came to go to bed, and that Mr. Holland knew nothing of
her l)eing there, but she believed they were in the chamljer
all night.

Margarett Owen said she knew nothing about their lying
together, l)ut Mrs. Holland went away from Mr. Jeffrey's
about sunrise.

Adjourned till Thursday next, two of the clock.

[p. Gl.] Province of New Hampsh^

At a Council held at Portsm° liy adjournm*,
on Thursday, the 8'" of Octoljer, 1702.
Present.
The Hon'^''^ Wm. Partridge, Esq. Lieut. Govern^

John Hinkes, ^ Sam. Penhallow, )

Peter Coffin, S Esqs. John Plaisted, > Esqs.
Robert Elliott, ) Henry Dow, )

Upon reading this day in Council the petition and com-
])laiut of Thomas Holland relating to Elisabeth his wife,
wherein he alleges that the said Elisabeth has been guilty
of Adultery and other injuries done him in the embezzle-
ment of his estate, the Adultery having been owned by her
l>efore this Board :

Upon which, this Board do order that the said Thomas

382 PROVINCE OP NEW-HAMPSHIRE. [1702.

Holland do fortliwitli provide for their three children ; and
that he allow her, said Elisabeth, six shillings per week for
her maintenance during her residence in this Province ;
and that pultlic notification be given thronghout this Prov-
ince, that no person presume to trust or supply said Elisa-
beth Holland with any money or goods whatsoever upon
the said Holland's reputation ; for that he is hereby dis-
charged from any farther payment to her for her mainte-
nance than what is aforesaid : And this order to continue till
further order.

Soe far gone for England, 24"^ Sept^ 1702.

[p. 62.] Province of New Hampsh''.

At a Council held the 28"^ day of October, 1702.
Present.
The Hon^^"' Wm. Partridge, Esq. Lieut Govern^
John Hinkes, Esq. Sam Penhallow, Esq.

Henry Dow, Esq.
The Lieut. Govern'' was pleased to move to the Council
that a day of Thanksgiving be set apart for returning
thanks and praise to Almiglity God for many blessings and
favors bestowed upon this Province ; — First, in preserving
the sacred person of her Majesty Queen Anne, in maintain-
ing so good a harmony between her and her Allies, and in
granting so great success unto their forces both by sea and
land : And also for soe good a settlement in this Govern-
ment lately made by his Excellency Joseph Dudley Esq.
our Governor, under the happy influence whereof we have
a faire prospect of enjoying peace and quietness amongst
us. And notwithstanding the war with France, to continue
peace with the Indians. And in a peculiar manner, to pre-
serve our Inhabitants in general from the contagious sick-
nesses which have been so fatal in the neigliboring Prov-
inces : — In bringing to maturity a plentiful Harvest of all

1703.] RECORDS OF COUNCIL. 383

sort of Omiuc; and above all for the enjoyment of the
Gospel and Gospel ordinances.

Ordered, that Thursday the twelfth day of November
next, be set apart for a Thanksgiving day as aforesaid, and
that Mr. Nathl. Rogers, minister, Saml. Penhallow, Esq.
and [p. 03.] Mr. Charles Story, Secretary, draw up Proc-
lamations accordingly : and that one Proclamation 1)0 sent
to each Minister of every town in said Province, in order
to publish the same.

Province of New Hampsh^

At a Council held at Portsmouth, on
Monday, the 4"> of January, 1702-3.
Present.
His Excellency Joseph Dudley, Esq. Governour, &c.
"Wni. Partridge, Esq., Lieut. Govern''.

Nath. Fryer, J Plenry Dow, ^

Robert EUott, > Esqs. Sam. Penhallow, > Esqs.
Peter Coffin, ) John Plaisted, )

His Excellency having communicated a Letter to this
Board from the Right Honorable the Lords Commissioners
of the Council of Trade and Plantations, bearing date,
Whitehall, September the 15"' 1702, relating to the rebuild-
ing the Fort in Piscataqua River, where the present Fort
now stands, as also a strong Tower on the point of Fryers'
Island, a Battery on "Wood Island, and another on Clerk's
Island : —

Upon which it is Ordered, that a General Assembly be
called, and Writts issue forth for their meeting on Tuesday
the twelfth of January instant, at ten of the clock in the
forenoon.

His Excellency also Communicated another letter to y*
Board from ditto Lordships, dated Whitehall, June the 12"'
1702.

384 PROVINCE OF NEW-HAMPSHIRE. 1703.

Whereupon was ordered that Mr. Penny, Clerk of the
Peace, [p. 64.] make out a true Coppy of all the fines es-
cheated * for this seven years last past, and deliver said
coppy to the Governour and Council of this Province with-
in five days ; and that Mr. Charles Story be allowed a
Coppy of the complaint against him signed by Edward Ran-
dolph, and that he give in his answer to this Board in writ-
ing in seven days time ; and upon the clause of the Memo-
rial of Mr. Wallas relating to Capt. Ichabod Plaisted, that
said Plaisted attend his Excellency thereupon next Council
day.

To the next clause of the same Letter referring to cer-
tain enumerated commodities seized by Mr. Sheafe, the
Lieut. Govern'' and Council informed the Governor they
had directed a new seizure of said enumerated commodities,
which was four baggs of Cotton wool, and that there is
judgment for the Queen in the Liferiour Court, which they
hope will be affirmed at the Superiour Court; notwithstand-
ing the owner or claimer has appealed from said Inferiour
Court to said Superiour Court.

In obedience to the last clause in same Letter referring
to the Acts of the General Assembly of this Province, it is
Ordered that tlie Secretary, with all expedition, make out
true coppys of all the Laws now in being of this Prov : and
jiarticularly an Act for raising of <£550, for defraying the
public charge of the Province, in order to be sent to the
Right Hon"^ the Lords Commissioners of Trade and Plan-
tations at Whitehall.

The petition of Joseph Stephyns, late Commander of
Ship Katherine, relating to a special Court, was read at this
Board, and referred to the consideration of next Assembly.
Adjourned till Thursday next, ten of the clock in the fore-
noon.

* " Escheat "—In the United States, the falling or passing oft' of lands and tene-
ments to the state, through failure of heirs or forfeitures or in cases where no owner
is found. — Web. Die,

1703.] RECORDS OP COUNCIL. 385

[p. 65.] Province of New ^ampsh^

At a Council held by adj' on Thursday,
the 7^'' day of January, 1702-3.
Present.
His Excellency Joseph Dudley, Esq. Govern'' &c.
Wm. Partridge, Esq. Lt. Governour.

Robert Elliott, ) j^ Sam. Penhallow, ) j,

Nath. Weare, j ^^'^'^- Henry Dow, \ ^^*^^-

His Excellency the Governour Communicated to tliis
Board a Clause in a Letter from the Richt Hon'''^ the Lords
Comm"^ of Trade and Plantations, bearing date the 24"'
July, 1701, referring to a memorial of Mr. Edward Ran-
dolph, relating to a seizure made by Mr. Sheafe, Deputy
Collector, of a Jersey Vessel, Mr. Montess, Master, with
contraband goods, upon which ]\[r. Sheafe was heard and
directed in a short time to offer to the Governour and Coun-
cil what he had to Allcdge thereupon.

The Council adjourned till next Tuesday, 12 o'clock.

[p. GQ-I Province of New Hampshire.

At a Council held at Portsm" as by
adj' the 25"' of January, 1702.
Present.
His Excellency Joseph Dudley, Esq., Govern^
The Hon. Wm. Partridge, Esq., Lt. Govern''.
Peter Coflfni, ) ^ Saml. Pcnhallow, ) ,:,

Robert Elliott, J ^^'^^' Henry Dow, \ ^^"l^-

Assembly men's names.

Upon reading of the petition of Mrs. Elizabeth Holland,
and an order of Council thereto annexed, dated the eighth
of October last past.
25

38G PROVINCE OF NEW-HAMPSHIRE. [1703.

It is ordered, that the Secretary write forthwith to Mr.
Daniel Jeifrey of Boston, Attorney to Mr. Thomas Hol-
land, hnsband of said Elizabeth, to comply with said Order
of Council and to restore her her wearing apparrel, &c.,
or to shew cause to the contrary.

Ordered, that Theodore Atkinson, Esq., bring the As-
sembly Books and papers to Portsm°, to deliver the same
to the Speaker of the House of Representatives, whoever
he shall be, and to take a receipt.

Adj'^ till 11 o'clock to-morrow morning.

[p. 67.] Province of New Hampshire.

At a Council held at Portsm° by adj*, on
Thursday, the 14'^ of January, 1702-3.
Present.
His Excellency Joseph Dudley, Esq., Govern'", &c.

The Hon'"^ Wm. Partridge, Esq., Lt. Gov. &c.
Peter Coffin, Saml. Penhallow,

Henry Dow, Esqs.
Upon reading the petition of Mrs. Love Shirburne,
wherein she complained against Mr. John Lane, of Hamp-
ton, for not paying her the rent of her house, lands, &c.,
and endeavoring to wrong her, &g.,

Ordered, that both parties be sent to, to attend this
Board on Monday next, in order for a tryal upon said peti-
tion.

Adjourned till 10 o'clock next Monday.

1703.] RECORDS OF COUNCIL. 387

[p. 68.] Province of New Hampshire.

At a Council held at Portsm°, the 15'" of
January, 1702, l)y adj^
Present.
His Excellency, Joseph Dudley, Esq., Govern'", <fec.
Wni. Partridge, Esq., Lieut. Govern^

Peter CoOin, ) ^ Sam" Penhallow, } ^

Robert Elliott, j ^'^^- Henry Dow, \ ^'^'^^'

Ordered, that the Act to prevent exportation of Wool
out of the Kingdoms of Ireland and England into foreign
parts, and for the encouragement of the woolen manufac-
tures in the Kingdome of England, made in the 10"' and 11*"
of King William the Third, be published by the High
Sheriffe with Beat of Drumm, <fec., having been hitherto
neglected — which was accordingly done.

Province of New Hampsh'.

At a Council held at Portsm° the
22'* January, 1702.

Present.
His Excellency, Joseph Dudley, Esq., Govern^
The Hon. Wm. Partridge, Esq., Lieut. Govern''.
Sara. Penhallow and Henry Dow, Esqs.
Whereas, by a former petition of the claimer or owners
of the Sloop Success, now under seizure, Robert Mitchell,
Master, to have said Sloop apprised.

Ordered, that said Sloop, with several Goods on board,
be apprized, & that the claimers may have said Sloop and
Goods, they first depositing the value of the apprizem' in
money into the Deputy Collector's hands.

388 PROVINCE OF NEW-HAMPSHIRE. [1703.

[p. 69.] Province of New Hampsl^^

At a Council held at Portsm'' the
25^'' day of January, 1702.
Present.
His Excellency Joseph Dudley, Esq., Govern"', &c.
The Hon. Wm. Partridge, Esq., Lieut. Gov.
Robert Elliott, Esq., Sam. Penhallow, Esq.
Ordered, that Mr. Theodore Atkinson pay to the Secre-
tary of this Province thirty pounds within thirty days time,
out of the Act of Impost & Tonagc money he hath re-
ceived, by virtue of that Act, being in part of salary due to
him for which he has had a warrant signed in Council for
sixty-six pounds some time since.

The Hon^'" Wm. Partridge, Esq., his Debenter, amount-
ing to <£58, 14s., for entertaining of his Excellency and
several gentlemen, in January, inst., for three weeks or
upwards, was read at this Board and allowed, it being in
time of the Assembly sitting, and ordered to be paid out of
the Treasury.*

[p. 70.] Province of New Hampsh^

At a Council held at Portsm"
the 28"' January, 1702.

Present.

The Hon. Wm. Partridge, Esq., Lieut. Govern\

Nath. Fryer, ^ Saml. Penhallow, ^

Robert Elliott, > Esqs. John Plaisted, > Esqs.

Peter Coffin, ) Henry Dow, )

Ordered, that Mr. Secretary Story make a copy of the
several answers to several compr"^ exhibited against this
Government, to the Lords Commissioner of Trade and
Plantations, one of which complaints is concerning the

* Note in the margin— "Order out, 13th Aug., 1703. Reported lost. New order
granted the 2d Jan'y, 1710."

170:l.] RECORDS OF COUNCIL. 389

raising of <£550, ttc, and after such copy is soc made, to be
l>y said Secretary, signed as follows :

Per order of

Lt. Governor and Council.

Charles Story, Secretary,
and then to be sent to England, cither to our Agents there
or to the Lords Com" of Trade and Plantations, as shall
be seen most meet, with all exj)edition.

Wm. Partridge.

Province of New Hampshire.

February 5'\ 1702.

The Hon*"'® Wm. Partridge, Esq., Lieut. Govern'', having
received a letter from his Excellency Joseph Dudley, Esq.,
Governour, &c., of the joyful news that her most Gracious
Majesty Queen Anne had obtained a great victory over the
French and Spaniards at Viego, in Spame, by taking sev-
eral Men of Warr and Spanish Galleons, and sunk and de-
stroyed others ; his said Honor, the Lieut. Govern'', several
of her Maj'tys Council, with a great many Gentlemen, (the
Militia in Arms,) went to her Maj'tys Fort, at Great Is-
land, where they drank her Majesty's health. Prince
George's, and prosperity to her Maj'tys Land and Sea forces
— ^the Fort Guns firing in the interim. The day was con-
cluded with Illuminations, Bonfires, &c.

[p. 72.] Province of New Hamp.

At a Council held at Portsm*' the
8'" of February, 1702.
Present.
The Hon. the Lieut. Governor, Wm. Partridge, Esq.

Nath. Fryer, ^ Sam. Pcnhallow. ^

Peter Coffhi, S Esqs. John Plaisted, > Esqs.

Robert Elliott, ) Ilcnry Dow, )

390 PROVINCE OP NEW-HAMPSHIRE. [1703.

Mr. Theodore Atkinson's Debenter relating to the charge
of wine, &c., at her Majesty's Fort, at Great Island, on
the 5"' of February instant, where several Guns were
fired for joy of the news of a great victory over the Queen's
enemies, &c., amounting to £2, 16s., was allowed and ap-
proved of and ordered to be paid accordingly.

Whereas, Mr. Sani})Son Sheafe, Deputy Collector of this
Province, has informed this Board of four baggs of Cotton
Wool seized for illegal importation and brought to a trial
at her Maj'tys last Infcriour Court of Common Pleas, where
judgment was given for her Majesty ; but the Claimer, not
satisfied therewith, has appealed to the Superiour Court of
Judicature, the said Collector now moving that noe further
proceeding may be had upon said appeal ; but that the
cause may be tried at the Court of Admiralty, now speedily
to be held in this Province, according to an Act of Parlia-
ment made in the 7*'' and 8*^^ years of the reigne of his late
Maj'ty King Wm. the Third, of glorious memory, entitled
an Act for preventing of Frauds, and regulating Abuses in
the Plantations, &c., and it appearing to this Board that by
the aforesaid Act of Parliament, the cause aforesaid, as
well as all other causes of that nature, are most properly
cognizable before a Court of Admiralty ; —
[i^- 73.]

It is therefore Ordered, that the opinion of this Board be
forthwith certified by the Secretary to the Justices of
the Superiour Court of Judicature, that they proceed noe
further in the hearing the aforesaid appeal ; but forthw'*'
dismiss the said Cause in order to be heard and tried by
such Court of Admiralty as if such Cause had never yet
been heard.

1703.] RECORDS OF COUNCIL. 391

Province of New Hampshire.

At a Council held at Hampton
per order of the Lieut. Govern'',
on Wednesday, the 17"' Febru-
ary, 1702.
Present.

John Hinkes, ) ^ Sam. Penhallow, } y

Nathl. Weare, \ ^^^^- Henry Dow, \ ^^^^'

Thomas Newton, Esq., produced a Commission for Dep-
uty Judge of the Admiralty, under the hand and seal of
Wm. Attwood, Esq., bearing date the 10"' day of Novem-
ber, in the 13"* year of the Reign of his late Majesty King
Wm. the Third, of glorious memory, and the same being
read publickly at this Board —

It was ordered that the Secretary administer to the said
Thomas Newton the oaths of Allegiance and Supremacy,
which was done, and the said Thomas Newton accordingly
took the same, and repeated and subscribed the Declara-
tion and Association.

[p. 74.] Province of New Hampsh^

At a Council held at Portsm" the
4"' March, 1702.

Present.

The Hon^^^ William Partridge, Esq., Lieut. Govern'".

Peter Coffin, ) p John Plaisted, )

Nathl. Weare, \ ^^^^' Sam. Penhallow, [ Esqs.

Henry Dow. )

Ordered, that Proclamation be sent to all the Towns of
tliis Province for proroguing the Assembly till the 18"' day
of A])ril next, at 10 of the clock in the forenoon, and that
the Secretary issue forth the Proclamation accordingly.

392 PROVINCE OF NEW-HAMPSHIRE. [1703.

Province of New Hampsb''.

At a Council held at New Castle,
on Friday, the 2'' day of April,
.1703.
Present.
The Hon. Wm. Partridge, Esq., Lieut. Governour.
John Hinkes, ) -n,^ Robert Elliott,

Nathl. Fryer, ^ ^^^^- Sam. Penhallow, j ^^1^'

Ordered, that on Thursday next, being the 8"' instant,
a General Thanksgiving be solemnized throughout this
Province, for the many great and wonderful successes of
her Majesty's forces, both by Sea and Land ; and that
coppies of the Proclamation this day drawn up and read be
timely transmitted to each of the respective ministers in
said Province.

Sam. Penhallow, Esq., Treasurer, produced his Acct. to
this Board, am*, to X6, 12s., which was read and allowed,
and ordered to be paid out of the Treasury accordingly.

[p. 75.] Province of Xew Hampsh''.

At a Council held at Portsmouth
on Friday, the IP'' June, 1703.
Present.
His Excellency Joseph Dudley, Esq., Governour, &c.
John Hinks, Robert Elliott,

Sam". Penhallow, Esqs.
His Excellency, in the presence of the Council, delivered
a Commission to tbe Honorable Thomas Poney [?] Esq., con-
stituting him Major General of the Militia of this Province,
who took the oaths appointed by Law instead of the oaths
of Allegiance and Supremacy, and repeated and subscribed
the Declaration and Association.

170:1.] RECORDS OF COUNCIL. 393

[p. TO.] Province of New Haiupsh'.

At a Council held at Portsmouth,

on Monday, the 14"' of June, 1703.

Present.

His Excellency Josepli Dudley, Esq., Governour, &:c.

ly i n a^ 1 Sam. Ponhallow, )

Peter Coffin, ,^ ^j .. ' f t^

Nathl. Weai'e, ^'"^'i'^' VT''^p[ -T' i ^*^'*

' ' John Plaisted, )

His Excellency liaving moved to this Board that he
thought it very necessary that an Assembly should be
called to sit on "Wednesday, the 23'* instant, at 10 of the
clock in the forenoon.

Ordered, that the Secretary issue forth writts for the
choosing of Representatives in every Town throughout this
Province, to sit on Wednesday, the 23'* instant, at ten of
the clock in the forenoon, accordingly.

Upon the Governor's acquainting the Council with the
danger of a sudden breach with the Indians, and the ne-
cessity of our being upon a defense :

It is ordered, that the Secretary write to the chief ]\Iili-
tary officers of every company in the Province, that with
all Diligence and Exactness they keep out their scouts
every day and their watches at night, and that they examine
their scouts every evening and take care to give notice of
any approach of an Enemy ; and that they examine and see
that powder and ball be sufficient in all companies, and to
make report of the same to the Lieut. Governour with all
possible speed.*

* On the 20th of June, 1703, Gov. Diulley, with a number of gentlemen from botli
Provinces, (New Hampshire and Massachusetts), liohl a Conference with tlie Indians,
at Casco, Me. The latter assured him that " as high as Heaven was above tlie earth,
go far distant was their design of making the least breach of the peace." But in tlio
space of six weeks a body of French and Indians, five hundred in number, having di-
viiled themselves into several parties, attacked all the settlements from Casco to Wells,
and killed and took one hundred and thirty ]>eo)ile — burning and destroying all be-
fore them. See Farm, Belk. It, 121 : Penhallow's In. irars; Coll. N. H. Hist. Soc,
vol. I, pp. 29-24.— Ed.

394 PROVINCE OP NEW-HAMPSHIRE. [1703.

[p. 77.] Province of New Hampsll^

At a Council held at Portsm°', on
Friday, the 2'» July, 1703.
Present.
His Excellency Joseph Dudley, Esq., Governour, &c.
The Hon. Wm. Partridge, Esq., Lieut. Governour.

John Hinks, ) t i r>i • ^ i i

Robert Elliott, Esqs. i?^''' P^^^^^^^' Esqs.
Peter Coffin, ) ^^'"'^ ^°^' ^

The hearing the suspension of Mr. George Jeffrey, by
the Governor's appointment, came on.

The Secretary acquainted his Excellency at the Board
that according to the command given him he had writt to
Mr. George Jeffreys to attend his concerns at the Board,
and delivered the same to the Sheriffe to be sent accord-
ingly.

The Sheriff acquainted the Board that he delivered the
said Letter to Mr. George Jeffrey's own hand.

The Lieut. Governour acquainted the Governor & Coun-
cil that he had received sometime before the Governor's
arrival. Letters from their Excellencies the Lords Justices
of England, bearing date the twenty-fifth day of July,
1699, commanding his strict care of the acts of Trade and
Navigation, Encouragement of the Officers of the Customs,
and Discouragement of all persons and methods to the
contrary.

The letter from their Excellencyes the Lords Justices
was accordingly read.

Lieut. Govern'' Partridge then desired that Mr. Sampson
Sheafe, Deputy Collector of the Province, might be exam-
ined, who was accordingly called and sworne.

Mr. Sheafe gave oath that Mr. George Jeffreys discours-
ing with him about the seizure of some of the enumerated
commodities imported contrary to the Acts of Trade, Mr.
Jeffreys told him that the Acts of Trade were not in

1703.] RECORDS OF COUNCIL. 395

tended aga** Coasters in the Plantations ; and that he
wonld defend that opinion, and particularly in the seizure
of four baggs of Cotton Wool, imported into this Govern-
ment contrary to the Act of Parliament. The said Jef-
freys was ]iresent in Court, and jjrivatcly whis])ered the
Attorney, to direct him, which happened sometime before
the Governor's arrival, and since at the Court of Admiral-
ty accepted to be an Attorney in that Cause, to plead
against the Crown, being otherwise a merchant, and not
known to practise the Law.

[p. 78.] Mr. Secretary Story then informed the Governor
and Council, that he was Imploycd in the pleading of the case
of the Cotton Wool at the Inferiour Court on her Maj'tys
behalf; and afterwards, in the Court of Admiralty, was
present and saw Mr. JetTreys appear as Attorney for the
Claimer.

Richard Jose, Esq., High Sheriffe likewise informed the
Governour and Council that he was present at the Court of
Admiralty and heard Mr. JetTreys plead as an Attorney in
the case about the Cotton Wool on behalf of the claimer.

The Lieut. Governour then alledged that Mr. Jeffreys
had been for twenty years in an illegal trade at several
times, and brought in the Records of the Courts of the
Province, that Judgment was given against him in the year
1682 ; and the Record was accordingly seen in the original
Book and the Record contains forty-five pages, wherein
there is a challenge also of a false oath given by the said
Jeffreys too long to transcribe.

The Lieut. Governor also informed the Governor and
Council, that the Secretary at several times for some years
past has frequently informed himself, in Council, that Mr.
Jeffreys has defamed him, and said he had ruled arbitrarily
and ill managed the aifairs, to the great Defamation and
Hurt of the Government in his hands ; upon all which he
thought it not possible for him to proceed well with him
in the manadgement of her Maj'tys affairs.

390 PROVINCE OF NEW-HAMPSHIRE. 1703,

Mr. Hinkes of her Maj'tys Council then informed, That
some time since about a year before the said susjtension,
Mr. Secretary Story reported in Council that Mr. Jeffrey
has spoken very unbecomingly of the Lieut. Governor, as
using arbitrary power. The Council being sensil)le of the
inconvenience of such discourses of the Lieut. Governor,
moved Mr. Hinkes and Capt. Gerrish one other member of
the Council, to hear Mr. Jeffrey of that matter, which they
did and Reported it to the Council, that Mr. Jeffreys de-
nied it although the Secretary instantly insisted upon it ;
and now says that what he then informed Avas true.

[p. 79.] George Jeifrey, his answeu to the reasons of his sus-
pension by William Partridge, Esq. from sitting in hor Maj'tj^s
Council of New Hampshire, exhibited before his Excellency
Joseph Dudley, Esq. her Maj'tys Governour and Commander-in-
Chief, of said Province, in Council, the 29 day of July, 1703.

In the first place, Mr. Partridge produces the information of Mr.
Sheafe, Deputy Collector, who swears, (although not truce voce)
that in discourse with me upon the seizure of some Enumerated
Commodities, I should tell him that Acts of Trade were not in-
tended against coasters in the Plantations, and names particu-
larly, four baggs of Cotton wool which were seized by said Sheafe
and brought to trial at a Court of Common Pleas, where was pro-
duced by the Claimers, a Certificate from the Collector and Con-
troller of her Maj'tys Customs in Boston, that the wool in contro-
versy was lawfully imported from Barbadoes, where the duty was
paid therefor: At a Court of Appeale in February, 1701, the
Jury found for the Claimer, and judgment entered accordingly as
appears on Kecord.

In private discourse with Mr. Sheafe I said it was my opinion
the Claimers ought to have their wool, because of said judgment,
seeing the intention of the Acts of Trade was not eluded which is
the substance of what I ever discoursed with him on that subject ;
and this was long before I was of her Maj'tys Council, therefoi-e
humbly conceive can be no just cause of my suspension by Lt.
Governor Partridge ; for with submission, suspension seems to
imply mal-administration or misbehavior in the station suspended
from, which is not so much as alledged ; And if it were a crime in
me as a private person, to give my opinion, as the LaAv have de-
termined, it seems much more so in the Judges, John Iliuks, Peter

ITO.'i.] RECORDS OF COUNCIL. 307

Cotliii. .loliii Phiisted, Esqrs. who arc all of (Iio Council, and did
give jiidiiiiK'iit for (he Claiiner of the Cotton wool, yet not sus-
penik'd for that crime.

1 humbly conceive the information of officers a<f ' goods seized,
makes it no crime in the Claimers or others in their behalf to give
their oijinion, defend or recover in a lawful way such goods. Avhere
dues to the Crown are paid, without being stigmatised with the
Black Character of pleading against the Crown.

In the second place, as a Keason of my suspension, Mr. Part-
ridge produces the information of Mr. Secretary Story, who says,
he was employed in the Case of the Cotton Wool on her Maj'tys
behalfat the Infcriour Court, and saw me afterwards in the Court
of Admiralty, appear as Attorney for the Claimer: —

To the lirst part of Mr. Story's Information, it noways respects
me that he was employed as Attorney, and cannot conceive why
it was put in as a cause of my suspension, but must here take
notice of his mistake in saying he pleaded on her Maj'tys behalf,
for King AVilliam was then living and the processes in his name,
[r. SO.] To the second part of Mr. Story's Information, I answer,
my appearing at the Court of Admiralty cannot be a reason of my
suspension, for Mr. Partridge was pleased to suspend me in Au-
gust, 1702; and the Court of Admiralty was held six months
after ; soe I was suspended for a pretended crime six months before
committed. It is true I w^as occasionally at that Court of Admi-
ralty, where the claimer of the Cotton Wool, being a woman, and
having no Attorney did Avith some others importune me to say
that the avooI in controversy had been tried in the Court of Com-
mon Pleas, where the Claimer obtained judgment, and Writ of
delivery or execution in their favor; therefore did humbly con-
ceive the same ought not to be brought to the Court of Admiralty,
because her Maj'tys Royal Commission and the Laws of this Prov-
ince, allows pleas of the Crown as well as other Causes to be tried
at Courts of Common Pleas, And the Prosecutor or Informer had
liberty to clioose wiiere to bring his suit, which he did to the Com-
mon Pleas : where, being determined by verdict of Jury and jndg-
ment of Court in favor of the Claimer, was humbly of the opinion
could not be again tried at the Court of Admiralty, which the
Judge so far approved and allowed, that he did not see cause to
proceed farther in said trial ; and the Cotton Wool yet is detained
in the custody of Mr. Partridge or Deputy Collector. I make no
profession of the Law, nor ever received a fee or pleaded — other-
wise than Amicus Cio'ke, — but if I had pleaded as Attorney tliere

398 PROVINCE 01- Nl-.VV-HAMPSIIIRE. [1703.

are precedents in New England of Councellors pleading at the
Bar, yet never any before suspended for that Crime.

In the third i^lace, Mr. Partridge alledges that I had been for
twenty years in an illegal trade, and is said to have bronglit Rec-
ords of Courts that judgment was given against me in the year
1682; — What papers he may have called Eocords I know not, but
I solemnly affirm that I never before heard of any Judgment or
Record of Court against me, nor can any such legally attested be
found, for I never was under any such conviction. All that can
he pretended was that Mr. Randolph, did about the year 1682, ex-
hibit complaints against a Ketch, the master whereof Avas recom-
mended to me for advice ; and upon Trial, the said Ketch was
cleared by the verdict of a Jury of twelve men freeholders, which
offended Governor Cranfield ; so that the same Jury to appease
his displeasure, did sundry days after bring in another Verdict
after said Vessel was gone ; and I being called before Governor
Cranfield, did atfirme that I did not send said Vessel away, nor
had any authority soe to doe; being not soe much concerned as to
di'aw commissions as Factor, nor had any part of said Ketch nor
loading ; but if what is alleged were true, as it is not, Mr. Part-
ridge was not then Lieut. Govern'', nor was I of the Council. I
have since that time had the honor to serve the Crown in sundry
places of trust, and never had any mal-administration alledged
against me ; but being assisting to Mr. Partridge when he went
for England, at Avhat time he obtained [p. 81.] from their Excel-
lencies the Lords Justices, a Commission for being Lieut. Govern''
in this Province, when Saml. Allen, Esq. was Governor, and is all
the Commission he ever had for that Post.

In the last place, Mr. Partridge informs the Governor and Coun-
cil that Secretary Story, several times some years past, informed
him in Council that I had defiimed him, and said he had ruled ar_
bitrarily ; upon which two of the Council were sent to discourse
me, to whom I did give such ample satisfaction that I heard no
more of it ; although I prayed the Gentlemen I might be sent for
before the Council, to clear myself of that Calumny, which I would
do by sundry witnesses; but presume they thought it would not
redound to Mr. Partridge's honor, to prosecute said complaint: —
The truth of that matter was thus: Mr. Partridge, some others
and myself were owners of a Ship named the Portsmouth, whereof
Capt. Mark Hunkin was Commander and part owner, who wanted
a Cable for said Ship, which Mr. Partridge proffered to supply
with at a certain price; the Master told him he would buy a good
and more sizeable Cable for less and knew not why the other own-

1703.] RECORDS OF COUNCIL. 399

ei's should be imposed upon to give liiin more tliau he could Iniy
for; but Mr. Partridge told liim should take his and hoc other,
and at his price, and ordered the Sailors to carry it on board;
which when I understood might say was arbitrary, and this being
in matter of Meum and Tuum, which Mr. Story well knew; can-
not conceive how it could affect Government.

Mr. Ilinkes is pleased to inform that this matter happened about
a year before my suspension; whereas it was about three years
before my admission in Council. If there had been just matter
of Complaint against me referring to (Government, Mr. Partridge
wanted neither powernor inclination to prosecute in due season.

I was by his Excellency Joseph Dudley, Esq. Governor, admit-
ted and sworn in Council, in July, 1702, according to Instructions
from her most excellent Majesty Queen Anne ; notwithstanding
Mr. Partridge's endeavors to divert or obstruct the same; who
was pleased soon after his Excellency's removal to his other Gov-
ernment, the first sitting of Council to suspend me, refusing to
give any reason, nor did I ever hear of any before this time, which
is near a year after my suspension.

I could by many instances instruct the Cause is not what is pre-
tended. I have traded as regularly as himself. We have diflered
in Accounts and submitted to the arbitrament of some of her
Maj'tys Council and Merchants in Boston, whose award Mr. Part-
ridge hath not complied with.

This is what at pi-esent conceive necessary in my own vin-
dication to answer ISIr. Partridge's reasons for suspending me —
which is most humbly submitted to the proper Judges thereof,
[p. 82.] By her Maj'stys loyal and

most Dutiful Humble Servant,

Geo. Jaffrey.

Province of New Hampshire.

At a Council held at Portsmouth,
on Saturday the S'*^ July, 1703.
Present.
His Excellency Joseph Dudley, Esq. Governor.
The Hon*"'^ Wm. Partridge, Esq. Lieut. Governor.
John Hinkes, ) John Plaisted, ^

Peter Coffin, \ Esqs. Saml. Penhallow, > Esqs.
Robert Elliott, ) Uenry Dow, )

400 PROVINCE OF NEW-HAMPSHIRE. [1703.

The Complaint ag^' Capt. Tobias Langdon by Mr. Wm.
Cotton, was read at this Board, and ordered that said Lang-
don be summoned to appear at four of the clock in the
afternoon.

Capt. Langdon appeared, and it was Ordered, that Mon-
day fortnight at ten of the clock in the forenoon, being the
19"^ instant, be appointed for the hearing of said complaint ;
and that the Officers of the Militia and the Selectmen of
the Town of Portsmouth have notice to attend ; and that
the Action brought by William Cotton, against Captain
Langdon, be suspended and continued ; and that the offi-
cers of the Militia take strict care that the fence in differ-
ence mentioned in said complaint be not any more pulled
down by the Militia Soldiers. And to observe this Order
of Council.

Ordered, That the Secretary write a Letter in the name
of his Excellency from this Board, to Mr. Sampson Sheafe,
Deputy Collector, to direct him that neither himselfe nor
any person employed under him in the Service, doe clear
any Vessel in any Creek, Port, or Harbor in this Province,
until they have brought a Certificate tliat the duty of Impost
and Tonnage is paid, according to an Act passed for the
support of this her Maj'ty's Government.

The Lieut. Govern'' having had a Horse ridd to death in
the publick service, value ten pounds, — ordered, that the
same be paid out of the Treasury.

[p. 83.] Mr. John Hinkes Debenter for himselfe and soul-
diers, was read at this Board, amounting to 1581b 13s, 4d,
as upon file, was allowed and approved of and ordered to
be paid accordingly.

Voted, That Capt. Smith, Commander of her Majesty's
Frigate the Gosper, be desired to accept of forty pieces of
Eight, from the Treasurer of this Province, on board, on
their voyage to Casco Bay.

The payment of the Eight pounds being the eleventh
part of the disbursements on the four Indians last January,

1703.] RECORDS OF COUNCIL. 401

being omitted, Ordered that the same be paid out of tlic
next Rate, (to Coll. Thomas Packer.)

Richard Jose, Esq. Shcrilfe of this Province Debenter
being read at this Board, amounting to 101b 10s was al-
lowed and ordered to be paid accordingly.

Mr. Henry Penny, his debenter being read at this Board,
amounting to one pound ten shillings, was allowed and ap-
proved of, and ordered to be paid accordingly.

Mr. Secretary Story, his Debenter from the 17"' May,
1702, to the 17"' May, 1703, amounting to thirty eight
pounds as upon file, was read at this Board, and allowed
and approved of, and ordered to be paid accordingly.

Ordered, that the five pounds, fifteen shillings due to
Coll. Packer in January last, and the 9"', 17% 11*^, now due
to him being the Province share of expences upon the two
Indian Treaties, be paid accordingly out of the next Prov-
ince Rate, it being at the time of the sitting of the General
Assembly.

Ordered, that Philipp Lambert, fcrriman at Little Harbor
iu the township of New Castle, be free from paying any
Rates to this province, or town of New Castle ; and privi-
lege of selling liipior free from Excise, as the Law directs :
In consideration of which he is to ferry over all persons
being inhabitants of the township of New Castle, living on
the same side of the river, where the ferriman lives, on all
publick days throughout the year free from paying any
ferriage.

Upon the motion of the House of Representatives, that
the Treasurer's account for the time past be made up and
adjusted by the Treasurer to the last day [p. 84,] of this
instant July, and fairly transcribed and laid before the
House of Representatives at their next Sessions, on the
first Friday in September next.

Voted and agreed to by both Houses in the Council
Chamber. Charles Story, Secretary.

Adjourned till Mondav the 19"' July inst.
2G

402 PROVINCE OF NEW-HAMPSHIRE. [1703.

Province of Xew Hampshire.

At a Council held at Portsmouth, by adj',
on Monday the 19'^ July, 1703.

Present.

The Honorable Wm. Partridge, Esq. Lieut. Governor.

Peter Coffin, ) ^ John Plaisted, ) ^

Robert Elliott, \ ^"^^^ Saml. Penhallow, \ ^^^^•
Henry Dow, Esq.

A Receipt from Capt. Summersby to Capt. John Gilraan
of Exeter, for eighteen shillings, for entertainment of
twenty one horses, was read at this Board and allowed that
said eighteen shillings be paid Capt. Oilman accordingly.

Ordered, that the Lieut. Oovernor have ten pounds paid
him out of the Treasury for entertaining his Excellency and
other Gentlemen at his house for three weeks time, in June
and July instant.

(Order formerly out & lost. A new order out the 2''
Feb^ 1710.)

The Complaint of William Cotton against Tobias Lang-
don, having been this day considered by this Board, both
parties being present with the Militia Officers, several sol-
diers and Selectmen, the [p. 85.] said Tobias Langdon was
found guilty in pulling down the fence mentioned in said
Complaint ; who was cautioned by this Board not to pro-
ceed any more in the like manner ; as was also all the
Militia then present ; but to take such direct methods
against said complainant, if guilty of any trespass, as the
Law in such case directs ; and that the said Toliias Lang-
don pay to the Complainant, two pounds ten shillings for
his Costs ; and that the Secretary issue forth processes
accordingly.

Francis Graves his Delienter was read at this Board,
amounting to four pounds, three shillings, was allowed and
approved of and ordered to be paid out of the Treasury.

Mr. Samuel Penhallow's Debenter amounting to five

1703.] RECORDS OF COUNCIL. 403

pounds, seven shillings, was allowed and ordered to lie
paid accordingly out of the Treasury.

Elisha 13rycr his debenter, amounting to six pounds, eight-
een shillings, was allowed and ordered to be paid accord-
ingly.

[p. 86.] Province of New Hampshire.

At a Council held at Portsm",
the 22'^ of August, 1703.
Present.
The Honorable Wm. Partridge, Esq. Lieut. Governor.
John Hinkes, ) -p John Plaisted, Esq.

Eobert Elliott, ( ^^^^•

His Honor, the Lieutenant Govern'' having signified to
this Board that he had received a Proclamation of ^Yar
from his Excellency Joseph Dudley, Esq. our Governor
against the French and Indian Enemy, which was read at
this Board, and thought meet that his Honor the Lieuten-
ant Governor should issue forth declarations in this Prov-
ince, much after the same tenor or effect of said declara-
tion from his Excellency, and that one of them be this day
publicly Read in Portsmouth, with beat of drumm &c. and
one sent to each Captain of each Town of said Province,
to be by them publikly read.

Ordered, that twelve men be detached out of such Com-
panies in this Province as the Honorable the Lieutenant
Governor shall see meet, for the Securitye and Defence of
Portsmouth.

404 PROVINCE OF NEW-HAMPSHIRE. [1703.

[p. 87.] Province of New Hampshire.

At a Council held at Portsmouth,
the 23'' August, 1703.
Present.
The Hon^'*' Wm. Partridge, Esq. Lieut. Governor.

John Hinkes, ^ Henry Dow, ) j,

Robert Elliott, > Esqs. John Plaisted, ] ^

Nath. Weare, )

Ordered, that sixty men be detailed out of the several
towns of this Province, to be improved for the destroying
and suppressing of the French and Indian enemy, that may
be found between Newichawanock and Mirrimack River.

Ordered, that Wednesday the first day of September
next, be sett apart for the service of Almighty God, as a
day of Humiliation throughout this Province, and that John
Plaisted, Esq. Mr. Nathaniel Rogers, Minister, and Mr.
Secretary Story be appointed to draw up a Proclamation
for that purpose ; and that the Secretary send copies of said
Proclamation to each Minister of the several towns, in order
to publish the same at their publick meetings.

[p. 88.] Province of New Hampshire.

At a Council held at Portsm", on Tuesday,
the 14*'> September, 1703.
Present.
The Honourable "Wm. Partridge, Esq. Lieut. Govern^
John Hinkes, ) -p,, Robert Elliott,

Peter Coffin, j ^^^^' John Plaisted' j ^^^^•

Henry Dow, Esq.

Ordered, That a General Fast be kept and solemnized
throughout this Province on Thursday the Twenty third
September instant, humbly to implore the Divine Mercy for
the preservation of her Majesty's most sacred person ; and

1703.] RECORDS OF COUNCIL. 405

that licr just Arms may be prospered in the Action of this
present year ; that the forscs sent forth on her ISfajestys
service within this Province against the bloody and nuirder-
ous salvages, may be under the good Conduct of Heaven,
and be succeeded in taking just Revenges of the perlidious
enemy for the innocent blood by them shed ; that our Sea-
coast and inland frontiers may be gaurded with Divine pro-
tection ; that the remainder of the Harvest may be plentiful ;
that the Protestants in Europe may be preserved and pre-
vaile, &c.

And that the Secretary issue forthe Proclamations ac-
cordingly.

Ordered, that Proclamations go forth to Prorogue the
Assembly, till Friday, the 24''' Instant ; and that the Sec-
retary issue forth Proclamations accordingly.

His Excellency's letter of the 11"' Instant directed to the
Honourable, the Lieut. Governour, was read at this Board
relating to resettling of Kingstown.

Ordered, the same be referred till his Excellency's
coming.

[p. 89.]

( >. ANNE R.

\ Privy /

i Seal I Instructions for our trusty and well beloved

V >^^,-.,„-.^ ) Jose})h Dudley, Esq. our Governour and Com-

der-in-Chicf in and over our Province of New Hampshire,

in New England, in America, relating to matters in dispute

between Samuel Allen, Esq. the proprietor of our said

Province, and the Inhabitants of the same.

Given at our Court, at Windsor, the 26"' day of July,

1703, in the second year of our Reign.

Whereas, John Usher, Esq. whom Ave have been plea?cd to con-
stitute our Lieutenant Governour of our Province of New Hamp-
shire, is near rehited by marriage to Sanuiel Allen, Esq. the pro-
prietor of the said Province; and whereas there are matters in
dispute and Causes depending between the said Allen and others

406 PROVINCE OF NEW-HAMPSHIRE. [1703.

our good subjects concerning titles of laud iu that Province: AVe
liave thought it requisite to direct that the said Usher shall not
intermeddle in any manner with the appointing of Judges or Ju-
ries, or otherwise in matters relating to such disputes, between
the said Allen and any person or persons whatsoever. And our
will and pleasure is and Wee doe accordingly hereby expressly
Order, That you our Governor in Chief of our said Province doe
give all necessary directions in the appointing of Judges, Juries,
and other officers for the trial and decision of such Causes, and
that you do take particular care in inspecting whatsoever relates
thereunto, to the end that impartial Justice may be administered
to all our good subjects therein concerned.

A. R.
Vera Copia, Attest.

Chas. Story, Secretary.

Commission of Lieut. Governor John Usher, Esq.

["Commissions" in Secretary's Office.]

ANNE R.

Anne, by the Grace of God, Queen of England, Scotland, France
and Ireland, Defender of the Faith, &c. To our trusty and
well beloved John Ushek, Esq. Greeting:

Whereas our late dear brother, King William the Third, of
blessed memory, did in and by his Commission, bearing date the
26"^ day of June, 1696, nominate and appoint William Partridge,
Esq. to be Lieut. Governor of the Province of New Hampshire,
in New England, which Commission, by the Demise of our said
dear brother is determined: — And wee do, by these pi'esents, de-
clare to be determined accordingly : And whereas, by our Com-
mission, under our Great Scale of England, bearing date the . . .
day of . . . in the first yeare of our Reigne wee have constituted
and appointed our trusty and well beloved Joseph Dudley, Esq.
our Captaine General and Governour-in-Chief, in and over our
said Province of New Hampshire in New England; — Wee, repos-
ing especial trust and contidence in your Loyaltie, Courage and
Circumspection, doe, by these presents, constitute and appoint
you, the said John Usher, to be our Lieutenant Governour of
our said Province of New Hampshire, in New England : To

1703.] RECORDS OF COUNCIL. 407

IIavk, hold, Exercise and Enjoy the said phicc and office for and
diirinir onr ploasnre, -with all Kights, rriviledgcs, Protits, rcnjni-
sites and Advantaji^cs to the same belon^i^-ing- or ajipertainlnf;-; and
further, in case of the death or absence of the said Joseph Dudley,
AVee do hereby authorise and Impo\ver you to execute and per-
fornie all and singular the powers and directions contained in our
said Commission to the said Joseph Dudley, and such Instructions
as are already or hereafter shall, froni time to time be sent unto
him, soe nevertheless, that you observe and follow such orders
and directions as you shall receive from us or from the said Joseph
Dudley, or any other Cheife Goveruour of our said Province of
New Hampshire, for the time being. And all and singular our
officers, ministers and loving subjects of our said Province, and
others whome it may concern, are hereby commanded to take due
notice hereof, and to give their ready obedience accordingly.

Given at our Court at Windsor, the 10"^ day of June, 1703, in
the second year of our Reigne.

By her Majesty's Command.

Nottingiia:m.

[p. 91.] Province of New Hampsliire.

At a Council held at Hampton,
the 22" day of October, 1703.
Present.
The Honourable John Usher, Esq. Lieut. Governor.

Wra. Partridge, ) Nathl. Weare, J

John Hinkos, > Esqs. Henry Dow, > Esqs.

Peter Coffin, ) Saml. Penhallow, )

The Honorable John Usher, Esq. presented to this Board
lier Majesty's Letters Patents, bearing date at Windsor
Court the 14'^ day of June 1703, constituting him the said
John Usher, to be Lieut. Governor of said Province of New
Hampshire, and determining the Commission of William
Partridge, Esq. late Lieut. Governour of said Province,
which was read at this Board.

Ordered, that the Secretary give the Accustomed Oaths
to the said John Usher, Esq. Lieutenant Governour as
aforesaid.

408 PROVINCE OF NEW-HAMPSHIRE. [1703.

John Usher, Esq. Lieut. Governor of said Province, took
the oaths appointed by law instead of the Oaths of Allegi-
ance and Supremacy, and subscribed the Test and Declara-
tion appointed in such Cases.

The Hon'''® the Lieut. Governor acquainted this Board
tliat he was a stranger to the present affairs of this Prov-
ince, and therefore desired this Board to let him know if
there were anything to be done proper for her Majesty's
service, or the good of this Province, he should be very
ready to take care about the same.

[p. 92.] Mr. Weare signified that there were several men
belonging to Hampton working at her Maj'tys Fort, had
been there a considerable time, prayed that they might be
drawn off.

Province of New Hampshire.

At a Council held at Portsmouth, on "Wednesday
the 27"^ October, 1703.
Present.
The Honourable John Usher, Esq. Lieuten* Governour.

Wm. Partridge, ) Peter Coffin, ^

John Hinkes, > Esqs. George Jeffrey, > Esqs.
Robert Elliott, ) Saml. Penhallow, )

Henry Dow, Esq.
William Partridge, Esq. made a motion to the Honour-
able, the Lieutenant Governour at this Board, that he hav-
ing a Ship in the River which wanted to be fitted to sea
with all expedition, and required his daily attendance upon
her, he being bound a voyage to England, desired that he
might be dismissed as being a member of this Board ;
which his Honour granted, and accordingly he is dismissed
as being a member of this Board.

His Honour the Lieut. Governour proposed to this Board,
that whereas there are but two soldjers belonging to her

1703.] RECORDS OF COUNCIL. 409

'jiajesty's Fort Wm. and Mary at New Castle, under the
Queen's pay arc not sufllcient for the safeguard of said
Fort, tlicreforc thinks it highly reasonable that there Ije
four men more added to the said Fort as Soldjers under the
Queen's pay, to make the numl)cr six.
[p. 93.] Ordered, at this Board that there be four men
entered into the Queen's pay from tomorrow morning as
souldjers, (besides the persons already entered into pay)
and to continue there at said Fort, one month from this
present day.

His Hon'' the Lieut. Govern"" acquainted this Board that
there is wanting at her Majesty's Fort at New Castle paper
fitting for Carthrages for the Great Guns, there being nei-
ther paper nor Canvis.

Ordered, that the Treasurer forthwith provide a Riram
of sufficient Cartharidge paper for the great gunns at said
Fort, and pay for the same out of the Treasury.

His Hon'' the Lieut. Govern' also acquainted this Board
that there are wanting to the Fort Boat one Graplin, and
six Oars.

Ordered, that the Treasurer with all expedition provide
the same, and pay himsclfe out of the Treasury.

His Hon"" the Lieut. Govern'' alsoe acquainted this Board
that there is wanting at the Fort, wood and lights.

Ordered, that wood and oyle for light sufficient for the
said Fort be provided for out of the Treasury.

Ordered, that the Selectmen and Militia Officers shall
have full power in each town of this Province, if they shall
see meet, to order all corn and grain to be brought under
the safety of some Garrison in tlie town where the Owners
thereof shall live ; and in case any person shall refuse to
bring in the same accordingly, that then it shall be in the
power of said Selectmen and Militia Officers to cause the
said corn and grain to be Secured as aforesaid, and shall
pay the charge accreued out of the said Corn and grain.

410 PROVINCE OF NEW-HAMPSHIRE. [1703.

[p. 04.] Province of New Hampshire.

At a Council held at Portsm° the 4'^
day of November, 1703.
Present.
The Honourable John Usher, Esq. Lieut. Governour.

George Jeffrey, )
Robert Elliott, | -r^ Saml. Penhallow, } Esqs.

Peter Coffin, j ^^^^' Henry Dow, )

The Honourable the Lieut. Governour produced to this
Board the petition of Nathanl. Fryer, Esq. desiring to be
dismist as a member at this Board, by reason of his old
age and infirmities not capable to attend lier Majestys ser-
vice, which was granted him and he is accordingly dismist
from being a member of this Board. (1)

Ordered, that all the former Treasurers of this Province,
whom it concerns, bring in their accounts to this Board by
Tuesday next, from the 16"^ May 1694, to SLay 1700, that
they may be accounted for in order to pass under the Dep-
uty Auditors hand, and that said accounts be brought in
due forme.

The Lieut. Governour acquainted this Board, that there
was letters from "Whitehall, that all the Records of this
Province, with several Files of papers should be lodged and
remaine in the Secretary's hands of this Province.

Mr. Saml. Penhallow who now hath the keeping of the

(1) For many years, Nathaniel Fryer, Esq., was a leading man, and one of the
most useful in the Province. He resided at Great Island : was a Selectman of Ports-
mouth, at different times, eleven years; County Treasurer in 16GS, which otiice he
probably held till 16^0; in 1678 was a Commissioner to treat with the Indians at Casco;
in 1G83 was appointed a Councilor, and Assistant of the Court of Common Pleas. He
opposed the conviction of Rev. Joshua Moody for refusing to administer the sacra-
ment to Crantield. In 1689, after the overthrow of Andros, he was elected a deputy
from Portsmouth to a proposed Convention, to agree upon some form of government.
He was one of the Council under Gov. Samuel Allen, 1692. In 1695, he was President
of the Council. In 1693, was appointed Chief Justice of the Court of Common Pleas;
in 1697, Judge of Probate. He was one of the signers of the ''Association, 1697, to
stand by the Protestant succession." Mr. Fryer died August 13, 1705 "after long ill-
ness and weakness," — age unknown. He left one or more sons, but nothing is known
(f his descendants of his name.— Ed. [See "Notices of Councilors, by Hon. S. D.
Bell," Coll. N. H. Hist. VIII. pp. 352-356.]

1703.] RECORDS OF COUNCIL. 411

said Records acquainted this Board that the same were put
into his Custody by an order of Lieutcu^ Governour, Coun-
cil and Representatives.

Ordered, that the said Samuel Penhallow produce such
order to this Board at their next sitting:.

His Honor the Lieut. Governour having proposed to this
Board the removal of John Hinkes, Esq. from his post as
Captain of her Maj'tys Fort for several reasons : It is the
{)])inion of the Council, that in case his Hon"" the Lieut.
Govern'' should make any alteration or removal of the Cap-
tain of said Fort, that they think Mr. Shadrach Walton a
very fit and proper person to receive a Commission as Capt.
of the same.

[p. 95.] Ordered, that John Cotton and Ephraim Maustin
l)e paid out of the Treasury in course, for their going Post
to Boston, and that they bring in their Debenter to the
Secretary, how much they demand.

Ilis Honour the Lieut. Governour sent Mr. Secretary for
Colonel Romer to come to this Board, and acquainted him
that there were several impressed men at her Maj'tys Fort
to attend Colonel Romer's orders ; and that considering
tlie season of the year the said impressed men could doe
noe work at said Fort : therefore advised with said Romer
whether it were not proper to dismiss the impressed men
and to press noe more for that service till next Spring ;
unless Colonel Romer should have any especial occasion at
said Fort for men for her Maj'tys service. Colonel Romer
was of the opinion it was very proper to dismiss the im-
})ressed men, and to press noe more for that service till next
Spring.

Ordered, that the impressed men at the Fort be dismist
accordingly.

Ordered, that there be two men impressed at New Castle
to serve as soldjers at the Fort.

412 PROVINCE OF NEW-HAMPSHIRE. [1703.

[p. 96.] Province of New Hampsli''.

At a Council hold at Portsmouth, on
Thursday, the 9*'> of November, 1703.
Present.
The Honor^'*^ John Usher, Esq. Lieut. Governour.

Kobert Elliott, ) ,-, George Jeffrey, ) ^

Peter Coftin, \ ^^'^'" Saml. Penhallow, \ ^^^i^'
Henry Dow.

His Honor the Lieut. Governour was pleased to order Mr.
Secretary Story to read at this Board some part of her
Maj'tys Instructions given to his Excellency Joseph Dudley,
Esq. Governour of said Province, &c. viz.

That in the absence of any of her Majestys Council above
the space of twelve months, without leave, or tliat any of
them continue absent for the space of two years, or the
greater part thereof successively, without leave, to be null
and voyde as members of said Council, &c.

Ordered, That an oath be tendered and given to the
Lieutenant Governor and Council for the Administration of
Justice in all Causes that shall come before them, by way
of appeal from her Majestys Superior Court, &g. ; and the
same oath to be given to all succeeding Members of her
Majesty's said Council.

His Honour, the Lieut. Governour, was also pleased to
order Mr. Secretary Story to read to this Board another
part of her Majestys Instructions, given to his Excellency
Joseph Dudley, Esq. Governour &c. relating that in the
absence of the Governour and Lieutenant Governour out of
this Province, the Council have the administration of the
Government, &c. but not to pass Acts, (fee, unless for the
keeping the Queen's peace, &c.

The petition of Elisabeth Wybird, relating to Mr. Samp-
son Sheafe's seizing of four baggs of Cotton wool, &c. in
the year 1701, and there having been several trials about
the same at her Majesty's Inferiour and Superiour [p. 87.]
Courts of this Province, and at last Ordered by Lieut. Gov-

1703.] RECORDS OF COUNCIL. 413

ernonr Partridge and Council to be tried at a Court of Ad-
miralty, was read at this Board.

Ordered, that Mr. Secretary Story, give notice to Mr.
Sheafc to attend this Board tomorrow morning, by ten of
the clock, to answer the said Petition.

The Petition of Tobias Langdon was read at this Board,
setting forth that he having the Command of one of the
Companies of Militia in the town of Portsmouth, did carry
his company to the Training field to exercise them ; and
finding a fence a])Out said field, did with the concurrence
and consent of the Militia officers of the other company be-
longing to said town, and his own, remove said fence out
of their way : whereupon Wm. Cotton who set up said
fence made complaint to Lieut. Governor Partridge and
Council, who were pleased to Amerce your petitioner two
pounds ten shillings Costs, to pay the said Cotton, and did
order Execution to be issued forth against your Petitioner
who is made liable to pay the same without having the bene-
fit of the Law and liberty of a subject, to be tried by his
Peers in a legal course : — Prays that he may be acquitted
of said Cost, or at least that the Execution be suspended
until William Cotton, legally make out his title to the said
Training field, which hath been occupied for that use about
forty years, &c.

Ordered, that Mr. Secretary give notice to Mr. Wm. Cot-
ton, to attend this Board tomorrow morning, ten of the
clock.

Province of New Hampshire.

[p. 08.] At a Council held at Portsm^ the

W day of November, 1703.
Present.
The Honourable John Usher, Esq. Lieut. Governour <fec.

Robert Elliott, ) ^ George Jeffrey, )

Peter Coffin, j ^^^^- Saml. Pcnhallow, [ Esqs.

Henry Dow, )

414 PROVINCE OF NEW-HAMPSHIRE. [1703

The petition of Capt. Robert Eason was read at this
Board, relating to his l)eing abated in paying a quantity of
powder for said Ship before she be cleared, &c. She being
in her Majesty's service &g.

Mr, Sheafe appeared according to summons and owned
the substance of Elizabeth Wybirds petition, and this Board
having seriously considered said petition,

Ordered, that Mr. Secretary Story, make out a Writ of
delivery directed to the Deputy Collector of her Majesty's
Customs within this Province, to deliver the four baggs of
Cotton "Wool mentioned in said petition to the petitioner
Elisabeth Wybird, she first giving in sufficient security to
her Majesty, that in case the said Wool shall become for-
feited by any sentence or Decree of the Judge of the Court
of Admiralty, before whom the same was tried, within
three months after the date hereof, to pay to her Majesty
the value of said Cotton Wool according to apprisement by
three just and honest men ; but if no sentence or decree
pass for the forfeiting of the said Cotton wool, at said Court
of Admiralty, within three months as aforesaid, the same
having laid undetermined after trial in said Admiralty
Court ever since last February, that then the said Bonds so
given by the Petitioner to the Queen, shall be null and
voyde and delivered up.

Mr. Samuel Penhallow appeared at tliis Board and deliv-
ered in the several orders of Council and General Assem-
bly relating to his being Recorder, and having Records put
into his hands,

[p. 99,] The Honourable the Lieut. Governour delivered
in to this Board an account of what Books of Records,
files &c. were put in Major William Vaughan's hands,
formerly Recorder, and now in Mr. Penhallow's hands ; —
List upon file.

Ordered, that Mr. Secretary Story write to his Excellency
that this Board humbly offers, that as Captain Eason in-
tends the latter end of this month to sail for England, that

170.1.] RECORDS OP COUNCIL. 415

his Excellency would be pleased to order an Assembly to
meet some Convenient time Ijcfore said Eason's departure,
in order to lay before her Majesty the present state of the
Province.

Province of New Hampsll^

At a Council held at Portsm", on Wednesday,
the 22" December, 1703.

Present.

The Hon''''' John Usher, Esq. Lieut. Govern^

John Hinkcs, ] Xathl. Weare, ^

Robert Elliott, > Esqs. Saml. Penhallow, > Esqs.
Peter Coffin, ) Henry Dow, )

His Excellency's letter directed to the Hon'''*^ John Usher,
Esq. Lt. Govern'" &c. dated at Boston IS*'* December, 1703,
setting forth whether it is best to labor this winter upon
the Ice to beat up the Indian enemy's headquarters, or not
&c. ; and to take the advice of her Majestys Council here,
and to enter a minute of their humble advice about the
same, was read at this Board, And then the Hon''''' the
Lieut. Gov"", made the foil'' speech as upon file, &c.

Gentlemen — You are called, upon account. of bis Exellency's
letter to be communicated to you, whicli having been done, you
see the purport thereof is for the sccuritj^of the Country as to the
Enemy; that whicli is recommended to you, is for your opinion
and advice Avhether best to visit the Indian enemy this winter
season at their liead (Quarters. Upon your desire the Govern'"
with force and your [p. 100.] readiness to assist the same witli
expedition, shall be forwarded to him.

I will say it ever have been judged the best season in the winter
to go to the Enemy's head Quarters, there to engage them, by
which means they may be prevented from attacking the Frontiers,
and they most annoyed ; that formerly was soe judged, witness
the Narragansett Attack and Sir Edmund Andros' curbing the
Enemy.

Its known well the enemy cannot be pursued soe well in the
Spring as in the Winter.

416 PROVINCE OF NEW-HAMPSHIRE. [1703.

If the enemy be not visited novr, judge they -will soon visit
these parts ; and if not an army out they may soon be in onr
Bowels; — so desire your opinion and advice in whats recom-
mended unto you.

It is the humble opinion of this Council that for her
Majcstj^s immediate service and for the security of her
Majesty's subjects, that the forces abroad be continued, and
that there be an addition ordered, and that this Board
humbly desires his Excellency, Joseph Dudley, Esq. Gov-
ernour, &c. would be pleased to order said forces with all
expedition possible to march to the Indian enemy's head
Quarters, being the only thing that in all probability under
God, may secure our Frontiers and preserve the subjects.
And that this Board at all times shall be ready and willing
to give their assistance.

[p. 101.] Province of New Hampsh''.

At a Council held at New Castle,
the 28*1^ December, 1703.
Present.
The Honourable John Usher, Esq. Lieut. Govern^

Saml. Pcnhallow, \ -r^

Robert Elliott, \ ^^^^' John Plaisted, Esq.

His Hon"" the Lt. Gov'' was pleased to acquaint this Board
that on Thursday next, he designs for Boston ; and there-
fore desires to know whether this Board hath anything to
offer before his departure, for her Maj'tys service.

Answered, that at present they know of none.

His Honor the Lieut. Govern'', acquainted this Board
that he hath sent a scout of twelve men out at the heads of
the rivers for ten days, and that he hath given orders to all
the Commanders of the Garrisons (having lately visited
them,) that the inhabitants all repair to their several Gar-
risons to do their duty, &c.

His Hon"" made the following speech : —

1704.] RECORDS OF COUNCIL. 417

Gentlemen — I was formerly above four years in the Province,
taking care of tlie same; my expense all out of my omu Estate;
in the year 1696, I demanded of Council and Assembly sitting, if I
had taken any wrong Methods, or there was any ill management
of affairs relating to good of the Province in Government.

Answered, knew of none but for good of the place.

His Excellency, being at Boston, at my arrival which required
my going thither, I speedily retui'nedand entered on the Govern-
ment. Since my coming have visited all the Frontiers, gave di-
rections whats proper, and all at my own expense and charge,
which is not small.

There has been an Assembly and before them laid the state of
the Province, demanded money for necessary charges of the Prov-
ince, they refused to raise any.

I have desired a House to be provided for me, that refused;
look upon it strange, when I find there has been money issued out
of her Majestys Revenue to your former Lieut. Governour some
hundreds of pounds, and no account of disbursements by him for
the same, neither any care taken for her Majestys Fort and secu-
rity of frontier Garrisons.

I have been here about one quarter of a year, and noe provision
made for me here. I acquaint you Gentlemen, I am going to Bos-
ton, shall there stay until either the Province doth make jn-ovis-
ion, or till hear from England.

The Government in absence of Govern'' and Command''-in-chief,
or Lieut. Govern^ being in the hands of the Council; you the
Council are to render an account of all aliairs for the Province to
the Govern'^ and Commander in Chiefe, from time to time.

Province of New Hampshire.

At a Council held at Portsm", on Thursday,
the 20'*> January, 1703-4.
Present.

The Honorable John Hinkcs, Esq. President.
Peter Coffin, \

George Jetfrey, \ Esqs. John Plaisted, ) ^
Saml. Penhallow, ) Henry Dow, \ ^^*1^-

His p]xcellency's Letter of the 10'" of January, instant,

was road at this Board relating to 50 men to be sent out for
27

418 PROVINCE OF NEW-HAMPSHIRE. [1704.

tenn days, and for the encouragem* of Volunteers, upon
the Acts of Assembly in the Province of the Massachusetts
Bay ; which Acts gives encouragement to pay 32"^ per head
for every Indian scalp, &c.

[p. 103.] A Proclamation under the hand of his Excel^
Joseph Dudley, Esq. our Governor, dated at Boston, the
third instant relating to the encouragement of any Gentle-
man who would take Commission to raise a Company of
Volunteers to go against the Indian enemy, &c. was read
at this Board.

Ordered, that Mr. Secretary Story, write to Capt. Shad-
rach Walton, Capt. Winthrop Hilton,* and Captain John
Gilman, Jun. that they may encourage the obtaining of
Volunteers according to the abovesaid Proclamation, and
that they attend this Board on Thursday next, at 12 of the
clock, by noon, and give an account of their proceedings.

Adjourned, till Thursday next, 12 o'clock.

* Capt. Winthrop Hilton, of Exeter, whose name is here first mentioned, was the
eldest son of Edward Hilton, and grandson of Edward, the first settler of the name in
that part of the Province of New Hampshire called Dover Neck. His mother, Ann,
was a daughter of Rev. Samuel Dudley, of Exeter, aiid grand-daughter of Gov.
Thomas Dudley, of Massachusetts. He was born about 1671. May 17th, 1689, he re-
ceived a Commission fi-ora Gov. Allen, as Lieutenant of the Troop of Horse, and be-
came, after Col. Richard Waldron, the leading military man of the Province, and had
the chief command in one or more of the expeditions against the Eastern Indians.
" Hilton was formed by nature for a warrior. He was above the middling size, tall,
muscular, active and well formed — among the most fearless of the brave, the most
adventurous of the daring." He had a garrison on his farm, and Ids neighbors looked
to him for counsel in difticulty, and protection in danger. For an account of his char-
acter and life, see Hist. Coll. Farm. & Moore, vol. 1, pp. 241-251, and N. E. Gen. Reg.
vol. 7, p. 51. He was killed by the Indians, in Epping, June 23,1710. "A silver-
headed cane once owned by Col. Hilton is said to be in possession of the family of the
late Hon. John Kelly, of E.xeter,"— Ed.

1"'^!.] RECORDS OF COUNCIL. 419

Province of New Hampsh^

At a Council lickl at Portsm'^ by adj^ on
Thursday, the 27'" January, 1703-4.
Present.
John Ilinkes, Esq. President.

George Jeffrey, | ^ Jolm Plaisted, ) p,

Saml. Penhallow, \ ^^^^- Henry Dow, \ ^^^^•

Capt. Winthropp Hilton and Capt. Jolm Oilman, Jun.
appeared at this Board by virtue of a Letter from Mr. Sec-
retary Story pursuant to an order of Council relating to
Volunteers going forth against the Indian enemy &c. ; and
gave the foil. ace".

Capt. Oilman gave in a list of 20 Volunteers, and was
in expectation of 12 more ready to go ag'" the enemy by
latter end of next week, besides officers ; and acquainted
this Board that several Oentlemen in Exeter have sul>
scribed to the purchasing of thirty pair of Snow Shoes,
which are daily preparing to be fitted ; and also says, there
will be wanting some provision and Blanketts, a Pilot and
a Doctor.

[p. 104.] Doctor Israel March appeared at this Board, and
clfcred his service provided he could have a permit from
his Excellency.

Lieut. Samuel Chisley, adviseth of 40 or 50 volunteers
from Dover and Oyster River will be ready to List under
his Conduct as Captain ; that they have upwards of 30 p''
of Snow Shoes and Racketts* already made ; that their
principal want will be for a further supply of Snow Shoes
and some Bread.

Capt. TVinthropp Hilton alsoe appeared and readily
offered his service to goe ag^' the enemy ; but thro' the neg-
lect of the officer in carrying the Letter sent him, which he
rec'' but last night, was not capable of making any essay

* A kind of snovf -shoe. — Web. Die.

420 PROVINCE OF NEW-HAMPSHIRE. [1704.

ill getting volunteers, Whereas otherwise he should ; And
is now of the opinion that there being a Company already
goeing from that Town, it would too much weaken it if he
should make attempt.

Col. March, who this day came from Hampton adviseth
this Board that Lt. Joseph Swett hath beat up for Volun-
teers, and that he hath dependence of 39 or 40 men from
thence, and as many Snow-Shoes as men, will be ready to
march by latter end of next week ; — only shall be in want
of Provisions.

Ordered, That Mr. Secretary Story, issue forth orders to
the several Captains of Exeter, Dover, and Oyster River,
to appeare with their Company in each respective Town,
next Monday, for the encouragement of Volunteers to be
Listed under Capt. Oilman and Lt. Chisley, in order to goe
ag'* the enemy.

Ordered, That the several Capt* aforementioned attend
the Council on AVednesday next, at 11 a clock, forenoon,
and bring with them a list of the Volunteers.

Adjourned till Wednesday next, 11 a clock ante meridiem.

[p. 105.] Province of New Hampshire.

At a Council held at Portsm", on Thursday,
the 3'^ February, 1703-4.
Present.
His Excellency Joseph Dudley, Esq. Governour, &g.
The Honorable John Usher, Esq. Lt. Govern'', &c.

John Hinkes, ) George Jeffrey, )

Peter Coffin, ^ Esqs. Saml. Penhallow, > Esqs.
Robert Elliott, ) John Plaisted, )

Henry Dow, Esq.

Voted in Council, that the Gentlemen Volunteers going
forth in this Expedition, be assured that this service shall
be well accepted by the Government, and soe represented

170 L] RECORDS OF COUNCIL. 421

by tho Clovcriiour to the next Sessions of tlic Assembly,
and that they Itc assurcil, that all wounded men shall ]»e
taken care of at the charge of the Province ; that they
will be Certain of the thirty two pounds ]ier head from the
Government of the Massachusetts, and that there is no
doubt 1)ut the Assembly of this Province will make up the
remainder of forty pounds ; that Warrants be sent to the
several Receivers of the Provisions in the several Towns,
to deliver Provisions to the Captains in this expedition, in
so much Bread and Flesh as shall be wanting, which shall
not be accounted for :

That the Justice of Peace in the several parts be directed
to Impress a Blankett for every souldjer that wants, which
shall be returned at the coming home of the forces with
allowance for the weare of it, unless paid for by the sould-
jer in case of a good success and Dividend ; and that half
a pound of powder and Shott be given out of the stores to
every souldjer.

1*^ His Excellency the Governour was pleased to return
thanks to the Council, for their prudent care in the man-
agement of the Government, in the absence of himself and
the Honouralde the Lt. Governour.

His Excellency acquainted this Board that there was
absolute necessity for calling an Assembly, he having Let-
ters to Communicate to them from her Majesty.

Ordered, that an Assemby be called to sitt on Tuesday
next, 10 of the clock, ante meridiem ; and that Mr. Secre-
tary issue forth a precept directed to the Sheriffe for the
Election of Representatives in each Town, <fcc.

422 PROVINCE OF NEW-HAMPSHIRE. [1704.

[p. 106.] Province of New Hampshire.

At a Council held at Portsm'', by adj*, on
Thursday, the 24'^ February, 1703-4.
Present.
The Honourable John Usher, Esq. Lt. Governour.

John Hinkes, ) -p George Jeffrey, ) ^

Robert Elliott, \ ^^^^' Saml. Penhallow, } ^^^^•
Henry Dow, Esq.

John Hinkes, Esq. appeared at this Board according to
notification, to answer to the petition of John Cross, exhib-
ited ag'^' him, which petition was read at this Board, setting
forth that there is due to him the 17*'' day of May last past,
26'*' for his wages as a souldjer at her Majesty's Fort W™
and Mary.

Capt. Hinkes answereth, that he paid John Cross all his
wages due at the Fort "Wm. and Mary, sometime in Novem-
ber, 1702 : and denies that he owes him any wages since
that time, he then discharging him from being any further
a souldjer at said Fort.

James Phillipps petition was read at this Board, setting
forth that he has four pounds due to him as a souldjer at
the Fort Wm. and Mary to the 17*'^ May last.

Capt. Hinkes answereth, said Phillipps hath no wages
due to him as a souldjer at the Fort to the 17"' May last
past, as he knows of.

Mr. Thomas Packer's Debenter amounting to 1£: 6s: 7d,
for entertaining an Express, and some friend Indians about
making Indian Shoes &c. was allowed and ordered to be
paid out of the next Province Rate in course.

Mr. Thomas Packer's Debenter, am° to eight pounds, for
fire and candles for the Governour, Council and Represen-
tatives, in the year 1703 ; Allowed him six pounds, and
ordered to be paid ut supra.

Ordered, that in case John Cross and James Phillipps see
meet to go to common Law against any person for the re-

1704.] RECORDS OF COUNCIL. 423

covcry of any thing due to them for their wages at the
Fort itc. tliat the Judges of any her Majesty's Courts in
this Province be directed to allow them as Informa pau-
peris^ <fec.

Mr. Peter Whitmore, Commissary, his [p. 107.] accom{)t
ball. — due 16: 7: 7, for provisions for Imprest Souldjers,
was read at this Board, allowed, and ordered to be paid out
of the next Province Rate in Course.

Col. Romer's letter being communicated to this Board,
with Capt. Hinkes account, inclosed, said Capt. Hinkes did
declare at this Board, that he expected payment for noth-
ing in said accompt mentioned, but for provisions for the
soldiers at the Fort Wm. and J\lary ; for which he hath de-
livered a particular account as upon file.

The Honourable John Usher, Esq. Lieut. Governour his
debcntcr for his expenses in visiting the several Garrisons
in this Province at several times, amounting to two pounds,
live shillings, was read at this Board, allowed, and ordered
to be paid accordingly.

Province of New Hampsli''.

At a Council held at Portsm",
the 3'-'^ March, 1703-4.
Present.
The Honourable John Usher, Esq. Lieut. Governor.

Peter Coffin, ) -^_^ George Jeffrey, ) -^
Robert Elliott, \ ^^l^' Saml Penhallow, ( ^^'^^^
Henry Dow, Esq.

His Hon'' the Lieut. Governour was pleased to acquaint y*
Board that he was going to Boston upon some occasion of
his owne, which lay before the Asseml)ly of that Govern-
ment, that he thought fit to let this Board know the state
of the Province as he now leaves it, viz. —

That he hath lately visited some of the Garrisons of this

424 • PROVINCE OP NEW-HAMPSHIRE. [1704.

Province, and finde none in Garrison as the Law directs.
Alsoe saith, that he lately gave a Commission to Captain
Shadrach Walton for Capt. of the Fort Wm. and Mary,
with orders to Capt. John Hinkes to deliver her Maj'tys
stores belonging to said Fort ; who refused to doe the
same ; therefore designs to leave the management of the
said Fort under the care and Government of Lieut. Theo-
dore Atkinson.

[p. 108.] His Hon^ the Lieut. Govern'", delivered in a copy
of what stores Nathl. Fryer, late Presid', rec*^ from Captain
Shadrach Walton, the 1696, which stores be-
longed to the Fort Wm. and Mary, at New Castle.

Francis Tucker's petition about two years rent, amo* to
eight pounds for store-room, for the stores of her Maj'tys
Fort, from April 8*'^ 1701, to &^ April 1703, was allowed,
and ordered to be paid in course out of the next Province
Rate &c.

His Hon"" the Lt. Govern'', Communicated to this Board
his Excellency's letter, dated Boston, 1^' March, 1703, re-
lating to 7'*' be paid Colonel Packer, being a mistake or un-
der payment made at the said Excellency's meeting y®
Indians at Portsm", in January, 1702.

It is the opinion of this Board that the said sum of seven
pounds is not a proper charge to this Province.

Province of New Hampshire.

At a Council held at Portsm'', on Thursday,
the 16*^ March, 1703-4.
Present.
The Honorable John Hinkes, Esq. President.

Peter Coffin, ^ Samuel Penhallow, ^

Robert Elliott, \ Esqs. John Plaisted, > Esqs.

George Jeffi:-ey, ) Henry Dow, )

Pursuant to his Excellency's Letter of the ll''' of March,

170 1.] RECORDS OF COUNCIL. 425

instant, the Ilonourable John Ilinkes, Esq. President, or-
dered a Council to be this day called, who accordingly met ;
which letter was communicated to this Boai-d, signifying
that Afajor Hilton had been at considerable charges for en-
couraging and mustering the Volunteers that followed said
Major Hilton in the late Expedition against the Enemy,
desiring an order might be made to present said Major
Hilton with ten pounds in part of the charge, &c.
j This Board having inquired of Mr. Treasurer, if there
were any mony in the Treasury answered there was none,
[p. 109.] Its therefore thought very proper that the con-
sideration of said Letter be referred till next Session of the
Assembly, and to be then laid before that Sessions ; and
this Board will be ready and willing to show their forward-
ness for the granting of the said present of ten pounds,
and further to encourage all Gentlemen Volunteers, that
shall goe out in the like manner against the common
Enemy. ♦

His Hon"" the President acquainted this Board that there
was noe wood at the Fort ; therefore, there could be noe
watch kept without wood ; and if this Board would take
care for wood, he would take care to see a good watch kept.

Ordered, That the Treasurer provide four load of wood
for the Fort, and that he be paid for the same out of the
Tre isury accordingly.

Province of New Hampsh^

At a Council held at Portsm", on
Monday, the 27"» March, 1704.
Present.
John Hinkes, Esq. President.

George Jeffrey, Esq. Saml. Penhallow, ) ,.

John Plaisted, \ ^^^^^
The Council, understanding that his Excellency the Gov-

426 PROVINCE OF NEW-HAMPSHIRE. [1704.

ernour intends a speedy expedition eastward ag®* the French
and Indian Enemy, and has ordered Major Winthropp Hil-
ton to list a party of Volunteers within this her Majesty's
Province for the aforesaid service :*

Ordered, that the Secretary give notice with all possible
expedition, to Captain Henry Dow, and Capt. Jacob Green
of Hampton, that they muster their several Companies un-
der their respective Commands on Monday next, being the
third of April, by ten of the clock in the forenoon, and
that Major Winthropp Hilton, or such as he shall employ,
may have liberty of listing Volunteers for the service afore-
said. And that [p. 110.] Capt. John "Woodman, Capt.
John Tuttle and Capt. John Knight, of Dover, &c. muster
their several companies at the Meeting House on Dover
Neck on Wednesday, the fifth day of April next, by ten of
the clock in the forenoon ; and that Capt. John Tuttle be
desired then and there to take a list of such as shall enter
themselves Volunteers in the service aforesaid, and make
return to the Council of his doing therein ; And that Capt.
John Pickerin and Capt, Tobias Langdon, of Portsmouth,
muster their several Companies at Strawberry Bank, on
Thursday, the sixth day of April next, in order to list Vol-
unteers under the Command aforementioned. And that

* Letter from Gov. Dudley to Major Hilton,
[Hist. CoU. Farm. & Moore, vol. 1, p. 244.]
'■■ Sr — I intend with the blessing of God to raise a very considerable force to range
the Eastern shore to destroy the enemy, and would be ready to march by the last of
this instant. If you please to take to your assistance, Oilman and Coffin, my very good
officers, and raise me a number of Volunteers to be ready against the time, they shall
have all encouragement in the service — ammunition given them and sloops to convey
them, and the premium for the enemy destroyed, that the Assembly of this Province
have or shall give them. I desire you to proceed with all vigor in the affair, and let
me hear from you by every post."

" I am, Sir, your

affectionate Uncle,

J. Dudley."
Boston, 12 March, 1703-4

For her Majesty's service.
To Major Hilton, Exeter.

[Major Hilton's mother was a daughter of Rev. Samuel Dudley of Exeter, — brother
of Gov. Joseph Dudley. — Ed.]

1704.] RECORDS OF COUNCIL. 427

Capt. "Wiiithropp nilton, and Captain Theophilus Dudley
muster their several Companies at Exeter, on Thursday, the
28"' instant in order for the listing of such Volunteers as
will enter themselves under the Command of said Major
Hilton for the service aforesaid.

Province of New Hampshire.

At a Council held at Portsmouth, on Sunday,*

the first day of April, 1704.

Present.

John Hinkes, Esq. President.

Robert Elliott, I y Saml. Penhallow, ) ^

George Jeffrey, \ " ^ * John Plaisted, j ^

His Excellency Joseph Dudley, Esq. our Governour his
letter of the thirtyeth of March, last relating to the pro-
roguing the Assembly till the first Tuesday being the sec-
ond day of May next, having been read. It was by this
Board Ordered, That the Secretary signifie the same with
all possible speed to the several members of the Assembly >
that they are prorogued accordingly.

[p. 111.] Province of New Hampshire.

At a Council held at Portsmouth, on
Thursday the 20''^ April, 1704.
Present.
The Honourable John Hinkes, Esq. President.

Peter Coffin, ) -p Samuel Penhallow, ) r^

George Jeffi-ey, ] ^^^^' Henry Dow, i ^^^^•

His Excellency, Joseph Dudley, Esq. Govern'' &c. his
letter of the IS**' instant and postcript of the IQ^ instant*

• " Sunday " probably means Saturday. See subsequent date. — Ed.

428 PROVINCE OP NEW-HAMPSHIRE. [1704.

intimating his Excellency being surprised to hear there is
noe appearance of Volunteers for the Expedition upon soe
honourable a premium offered by the Massachusetts Govern-
ment, to goe against the French and Indian enemy, &c. de-
siring every person in his station to put it forward &c. as
also that he hath news from Port Royal that the Enemy
may be expected the beginning of May, in a great number,
directing this Board to be very diligent upon the Frontiers,
to Scout &c. was communicated at this Board.

Ordered, that Mr. Secretary write to the several Capt^ of
this Province requiring them to call their several compa-
nies together on Monday next, and to intimate to them that
his Excellency is surprised to heare there is noe appear-
ance of Volunteers, Considering the great premium the
Massachusetts Government offers : And that the said Capt*
use their utmost endeavours to procure what Volunteers
they can, to goe with all expedition ag^' the French and
Indian Enemy, at Port Royal ; it being highly reasonable
for a proportion of Volunteers to goe out of this Province
considering several hundreds are going out of the said
Massachusetts Government upon such Expedition ; and fur-
ther, we being covered with a great number of forces out
of the same ; and this Expedition being forwarded will
probably under God, prevent the enemy's attacking us this
Summer ; and that the several Capt* make returne of their
doings herein to the Secretary by Thursday next at furthest.

Ordered, that the Secretary also write to the several
Capt^ of this Province, that all Frontiers be forthwith in
Garrison, and that diligent scouting, watching, & warding,
at their utmost peril, be constantly and strictly observed
and kept upon the Frontier for fear of a speedy attack by
the French and Indian Enemy.*

* See Farm. Belk. pp. 168-169,

1701.] RECORDS OP COUNCIL. 429

[p. 112.] Province of New Hampsh'.

At a Council held at Portsmouth, on
Friday, the 28^" April, 1704.
Present.

George Jeffrey, ) -^

Sanil. Penhallo\Y, ) ^ ' John Gerrish, Esq.

His Excellency's Letter of the 24"' instant, setting forth
that he doth prorogue the Assemljly of this Province till
Wednesday the 24"^ of May next, having been coniumni-
cated to this Board ; —

Ordered, That the said Assembly be prorogued accord-
ingly, and that the Secretary issue forth Proclamations to
the several towns in this Province for proroguing the said
Assembly, till the 24*^^ of May next.

Province of New Hampsh'".

At a Council held at Portsmouth, on
Saturday, the 29"^ of April, 1704.
Present.
John Hinkes, Esq. President.

Robert Elliott, George Jeffrey ) y

Saml Penhallow, ) ^

The Honourable John Hinkes, Esq. communicated a Let-
ter to this Board from Isaac Addington, Esq. by order of
his Excellency Joseph Dudley, Esq. Governour, &c. relat-
ing to the registering of all Frenchmen, &g. and that all
French Roman Catholicks be forthwith made prisoners of
War.

Ordered, that all Frenchmen residing within this Prov-
ince be registered, and they put under such a Regulation,
that if at any time after they be convicted of holding Cor-
respondence with the French & Indian enemy they may
without dispute be proceeded with as Englishmen should

430 PROVINCE OF NEW-HAMPSHIRE. [1704.

be under the like circumstances, and tliat all French Ro-
man Catholicks be forthwith made prisoners of War.
[p. 113.] Ordered, alsoe. That the Secretary give notice
to the Sheriffe hereof in order that he make inquiry of all
French Roman Catholicks, as alsoe other Frenchmen resid-
ing in this Province, and to return a list of their names
into the Secretary's Office in 14 days time ; and in what
town and family they live in &c. and that he take the
French Roman Catholicks Prisoners of War.

Ordered, that the Secretary give notice to all the several
Captains of the Militia Companies within this Province, to
attend in Council on Tuesday next, at Portsmouth, by 12 of
the clock at Noon at the usual place of meeting in Council
for her Maj'tys especial service.

Province of New Hampshire.

At a Council held at Portsm", on Thursday,
the 2-^ day of May, 1704.

Present.
John Hinkes, Esq. President.

Robert Elliott, ) -p Saml. Penhallow, } ^

George Jetfrey, ] ^ * John Plaisted, \ ' ^ *

The several Militia Capt^ of this Province, having ap-
peared at this Board, (excepting Capt. Dow and Capt.
Woodman,) the Council thought meet to acquaint them
that considering it was a very troublesome and dangerous
time, and the Enemy might be Expected daily upon us,
they had therefore called them to attend this Board, and
desired them to give this Board their opinion what method
was fittest to be taken for the security of the Province, to
prevent the public Enemy attacking us hj Land or by Sea ;
and to goe and consult together and deliver their opinion
in writing to this Board.

The Major part of the Capt* present as above, made their

170t.] RECORDS OP COUNCIL. 431

returns iiiulcr tlicir hands, that they knew no better way
than watcliuig, warding, scouting, &c. upon all the Fron-
tiers by Sea and Land, Arc. as upon file.

Ordered, that three men be forthwith Imprest to keep
constant scouting and watching 1)7 night, [p. 114.] (till
further order) — strictly and constantly betwixt Rendez-
vous* point at Little Harbor, and Little Boars Head, for
the observing the motion of the Enemy in making any at-
tack upon this Province. And that Thomas Westbrook, of
Portsm" who offers himself to serve her Majesty in scouting
and watching betwixt the places abovesaid, be Corjjoral
over the said three men, and that they observe said West-
brook's orders and directions, as the said Thomas West-
brook shall receive from his Excellency our Governour, or
the Commander-in-Chief for the time being, from time to
time at their peril, and that the Secretary issue forth orders
to Capt. Pickerin for impressing one able man out of this
Town, and also to Capt. Dow, to impress two men out of
Hampton, for the service aforesaid, with provision, Arms
and Ammunition for scouting as the Law directs ; to be
ready on Monday next, at the house of John Fosse's at
Sandy Beach, by 12 of the clock at furthest.

Ordered, that all listed Troopers within y^ Province doe
duty in Watching, warding and scouting, in the several
Towns they live in ; and to be ordered so to doe by the
several Capt" of the Militia Company's in each Town till
further order.

Province of New Hampsh^

At a Council held at Portsmouth,
the 12*'^ of May, 1704.
Present.
John Hinkes, Esq. President.
George Jeffrey, Esq. Robert Elliott, ) y

Saml. Penhallow, \ ^

•"Rendezvous"— Comp. p. 83, Vol. I. Prov. Rec.

432 PROVINCE OF NEW-HAMPSHIRE. 1704.

His Excellency's Letter dated at Boston, the 5"' instant
relating to a General Fast to be kept throughout this Prov-
ince was communicated to this Board.

Ordered, That Thursday the 18*^ day of May next, be
appointed as a day of Publick Fasting and prayer to be ob-
served throughout this Province : humbly to implore the
Divine Mercy for the preservation of her Maj'tys sacred
person ; that her just Arms with those of her Allies may
be prosperous in the actions of this present year ; that the
forces in this Province, employed or to be employed in her
Maj'tys service may by the good Conduct of Heaven [p. 115.]
be succeeded in their just Enterprises, and our Enemies de-
feated ; that the defence of Divine protection may be over our
Sea Coast and Inland Frontiers ; that our seed time and Har-
vest may be under benign influences of Heaven ; that there
may be a plentiful effusion of the Holy Spirit of God for a
thorough Reformation of all those evils which are amongst us;
that God may turn away His anger, and restore unto us a
prosperous State ; and that the Protestant interest may every-
where prevail throughout the world, &c. exhorting both
Ministers and People in their respective assemblies, relig-
iously to perform the duties required on such a day, with a
becoming devotion ; and all servile labor is forbidden there-
upon ; and that the Secretary send forth Proclamations ac-
cordingly to the several towns of this Province, &c.

Province of New Hampsh^

At a Council held at Portsmouth, on
Friday, the 19"^ of May, 1704.

Present.

His Excellency Joseph Dudley, Esq. Govern'', &c

John Hinkes, ^ George Jeffrey, ]

Nathl. Weare, > Esqs. Saml. Penhallow, > Esqs.
Robert Elliott, ) John Plaisted, )

Henry Dow, Esq.

1704.] RECORDS OF COUNCIL. 433

Ordered, that John Bickford, ferryman, at Little Harbor
in the Township of New Caatle, and all ferrymen at that
place for the time to come, be free from paying any Rate to
this Province or Town of New Castle, and have j)rivilcge
of selling Liquors free from Excise, as the Law directs ; in
consideration of which he is to ferry over all persons being
inhabitants of the Township of New Castle, living on the
same side of the river, where the ferryman lives, on all
public days throughout the year free from paying any
ferrage.

Mr. Penhallow his Debenter amounting to 8"' S*" 0'' for
Bread and provisions for the Volunteers, March 9'" last,
was read at this Board, and allowed and ordered to be paid
in course.

Ordered, that the Treasurers of the several towns bring
in an account of the several sums raised for Volunteers, on
Wednesday next, to this Board.

His Excellency the Govern'' declared the necessity of
having some men raised in this Province, to join the other
Province in the Expedition against her Maj'tys Enemies,
[p. IIG.] Ordered, that if the Volunteers did not amount
to sixty, the remainder should be taken by Impress, to be
returned in three months, and accordingly his Excellency
signed the Warrants in Council.

His Excellency the Govern'', acquainted this Board that
he had been advised of some disorders happening between
the Foot and Horse Officers, during his absence, and after
a full account thereof from the Gentlemen of the Council,

Ordered, that Mr. Secretary write forthwith to the first
Officer in every town, that in all consultations for the ser-
vice of her Maj'ty, the Horse Officer in the Town where
they reside be always Called to the Committee of Militia,
as being part thereof; and that he write to Capt. Vaughan
requiring him to direct his Officers to doe equal duty in all
Watching, Warding, Scouting with the Foot, according to
his nunil)er in the several towns under their owne Officers.
28

434 PROVINCE OF NEW-HAMPSHIRE. [1704.

And whereas several Fines have been laid by the Foot
Officers upon the Troopers, and some of their Arms and
other accoutrements have been taken by distress, That the
same be immediately restored ; and all pretence of such
Fines soe illegally imposed, be laid aside, upon the danger
to the officer refusing, to be dismist the service.

His Excellency then gave notice that he had rec*^ from
Whitehall the following Orders viz : upon file, relating to
the Repealing two Acts &c. which according to his duty he
gave the Council advice of, and directed Mr Secretary fur-
ther to publish it in the next Session of the Assembly.

Province of Xew Hampshire.

At a Council held at New Castle, on Sunday the
fourth day of June, about 8 in the evening, 1704.
Present.
The Hon. John Usher, Esq., Lieut. Govern'', &g.

John Hinkes, ) -p^ George Jeffrey, 1

llobert Elliott, ) ^^ ' Saml, Penhallow, > Esqs.

John Plaisted, )

His Hon"" the Lieut. Govern'', made the following Speech,
viz : —

Gentlemen —

The occasion of my calling you is to acquainte that I had a Let-
ter from His Excellency, the 29''^ May, signifying for her Majes-
ty's sei'vice my presence at Boston vras desired this week ; since
"which have I'eceived another of the first of June, signifying his
pleasure to have the Pirate prisoner sent to Boston ; also received
a Proclamation i-elating to the Pirates, which is to be communi-
cated to you, that the same be here published in every Town, and
an [i*. 117.] Order of Council fi'om this Board that there may be
observance and obedience yeilded to said Proclamation, at their
peril will answer the Contrary.

His Excellency formerly laid before this Board and the Assem-
bly, for providing Lodgings for myselfe. Assembly then was

1701.] RECORDS OF COUNCIL. 435

pleased to have it vcoomnicndcd to a Committee to make a Report
against next sitting of the Assembly, who have since sat, and
noe care by tlieni taken, soe that I cannot have lodgings for my
entertainment as ought.

I likewise acquainte you that there are four Souldjers in pay at
her Maj'tys Fort; and eight more Ordered to be there ; pursuant
to the Act as to Militia, two of the Souldjers of the Fort have
above one years pay due for wages and provisions ; they have not
bread to eat; desire that due care be talven that six months pro-
visions maybe ordered them forthwith, else they nmst be disinist;
and for security of the Fort shall leave Orders that be supplyed
•with men out of each Town to the number of twelve, and they to
bring Arms, Ammunition and provision pursuant to Law.

I acquainte you Col. Komer is here in order for repairing the
Fort which was in a ruinous condition; he has constantly been at
the Fort from morning to night to put the same in a defensive
posture ; as he is invested with the Queeu's Commission, and here
for service of the Province, its expected and I shall not doubt in
my absence all due care will be taken, he be assisted in all matters
relating tliereto ; and be respected as he is a Gentleman and one
invested w^ith the Queen's Commission, whose being here is only
for your security and well being.

His Excellency having given orders for two small Block-Houses
be provided for security at entrance Little Harbor, absolute neces-
sary the same be done out of hand ; — desire immediately due care
be taken in providing timber for the same, that Col. Romer may
give directions necessarily relating thereto.

Ordered, that the Proclamation mentioned in said speech
be published tomorrow in Portsmouth, by beat of Drumni,
and that copies of the same be sent by the Secretary to
each Town in this Province, there to be published and
posted up at their meeting-house doors by the Sheriffe in
the principal Towns, and all persons are to show due ob-
servance and obedience to the same at their peril, &c.

Colonel Romer dd [delivered] in an account of what
Timber &c. is of necessity to be procured in 1-4 days time
for the Fort, as upon file.

This Board is of opinion that whereas the sole man-
agem' in Reformeing the said Fort, and the disbursing the

436 PROVINCE OP NEW-HAMPSHIRE. [1704.

450^'' raised for doing the same, is also in the power of said
Col. Romer, that he would be pleased to purchase what
timber he shall see proper ; this Board will always be ready
to advise and assist therein.

This Board humbly desires the Hon*"'® the Lt. Govern'', to
discourse His Excellency relating to Block Houses or Watch
Houses to be erected for securing the entrance of Little
Harbour.

[p, 118.] Ordered, that the Treasurer furnish the three
Souldjers at the Fort, viz : James Phillipps, John Cross,
and Francis Challott with six months provision each, and
that he deduct the same out of their wages and subsist-
ance due to them from said Province.

At a Council held at Portsm" on
Thursday, the 8"^ June, 1704.
Present.

George Jeffrey, } ^ John Plaisted, ) ^

Saml. Penhallow, j ^' ' Henry Dow, \ ^

Whereas a Sloop arrived here this evening from Mount
Desert, with advice from Colonel Church, of 600 Indians
that resolve an attack upon Casco Fort and the Heads of
Piscataqua river, who may daily be expected,*

Ordered, that the Secretary write to the several Captains
to call every person into Garrison, and if possible to bring
in their Cattle, and that they keep a constant Scout, and
observe all other duties of watching and warding that may
])e of advantage for their security.

* While they were at Mount Desert, Church learnefl from nine of his prisoners, that
a body of six hundred Indians were preparing an attacli on Casco, and the head of
Piscataqua river ; and sent an express to Portsmouth which obliged the people to be
vigilant. No such great force as this appeared; but small parties kept hovering on
the outskirts. At Oyster River, they wounded "William Tasker, ITashet?] and at
Dover tliey laid in ambush for the people on their return from public worship, but
happily missed their aim. They afterward mortally wounded Mark Giles at that
place, and soon after killed several people in a field at Oyster river, whose names are
not mentioned." — Farm. Bdk. p. 169.

1701.] RECORDS OF COUNCIL. 437

At a Council held at New Castle,
Sunday the 11"' June, 1704.
Present.
John Hinkes, Esq. President.

Robert Elliott, ) ^ Saml. Penhallow, ) j,

George Jeffrey, j| ^' ' John Plaistcd, ) ^" *

His Excellency's letter dated Boston, the 10"', intimat-
mating that Lorramore was turned Rogue, taken eight
Pirates on Board against the Proclamation and his own as-
surances ; desiring all possible means be taken to appre-
hend them and his Vessel, and advising our people to be
very strict upon their watches and guards, and to drive the
loose Cattle inwards from the Frontiers, with directions for
putting some prisoners of War on board any Sloop going to
Boston, and that two armed men at least be put on l)oard
with them, and to be set down at Boston Castle, was com-
municated at this Board.

Ordered, that a Sloop be immediately Imprest to send
the prisoners forthwith away according to the above di-
rections.

Colonel Romer delivered a memorial to this Board which
was read and upon file.

Ordered, That his Excellency have a Coppy of said me-
morial sent him by the Secretary.

[p. 119.] Ordered, that all the inhabitants of Little Har-
bour and Sandy Beach, take their turns two or three in a
night, to watch, and scout from Rendezvous Point along
the Sea side till they meet with the Hampton Scouts, and
to begin at midnight and continue till sun-rise ; and that
Mr. William Wallas have a due Inspection as Corporal over
the same ; In consideration of which duty, it is further
Ordered, that the said several Inhal)itants of Little Har-
bour and Sandy Beach be exemi)ted from doing any duty at
New Castle, unless upon an Alarm or an o^der from his
Excellency or the Commander-in-Chief for the time being,

438 PROVINCE OF NEW-HAMPSHIRE. [1704.

And that the Secretary send a Copy of this Order attested,
unto the Commander of her Maj'tys Fort Wm. and Mary,
at New Castle, and another to said Mr. William Wallas,
ordering him immediately upon sight hereof, to see said
watch and scout duely performed.

At a Council held at Portsmouth on Saturday ahout
nine of the clock at night the 17*'' June, 170-4.
Present.
John Hinkes, Esq. President.

George Jeffrey, Esq. Saml. Penhallow, ) y

John Plaisted, j ^' '

His Excellency Joseph Dudley's Esq. Govern'' &c. Letter
from Boston by way of Express this day came to hand,
about six in the afternoon, which was communicated to this
Board, signifying that the Enemy in a Fleet of Canoes
would be at Great Island in all probability in a few days in
the night, and that he had Ordered 100 of the new forces
to stop at said Island. Alsoe expected that this Board give
Orders to the Militia of the Bank and Hampton, that the
half of them goe down to Great Island, upon the notice of
three great Gunns fired after dark, &c.

Ordered, that the Secretary, with all possible expedition,
write to the several Captains of Portsmouth and Hampton
that upon the firing of three great Gunns at Great Island
any night after dark (till further order,) the said several
Captains immediately upon such firing or Alarum send the
one half of their companie to the relief of said Great
Island with all Expedition, as they will answer the contrary
at their utmost peril.

1701.] RECORDS OP COUNCIL. 439

[p. 120. J Provinco of New Hampshire.

At a Council licld at Portsmouth on
Sunday the 18'" June, 1704.
Present.
John Hinkes, Esq. President.
George Jeffrey, ) ,-, Saml. Penhallow, ) y

Robert Elliott, \ ^^^^' John Plaisted, j ^''^^'

Major Walton, having communicated to this Board a
Letter from his Excellency directed to himself, dated at
Boston, the 16"* instant, that a Scout Shallop l)e immedi-
ately sent to cruise hetwixt Cape Porpus and Little Har-
bour, to look out for tlie enemy and their Canoes :

Ordered, that the Secretary write to the Sherrife forth-
with to impress a Shallop well fixed with sails, &c.; as alsoe
three men to sail said Shallopp, and six Shallopp oars, and
that the said Shallopp be forthwith sent about said ex})cdi-
tion for her Majesty's service.

Ordered, that upon discovery of the Enemy's landing at
Sandy Beach, that the Captain of the Fort, after notice
given to him thereof, lire two great Gunns and one muskett
which shall be accounted as an Alarum to raise the Country.

At a Council held at Portsm° on

Friday, the 30"> of June, 1704.

Present.

John Hinkes, Esq. President.

Georire Jeffrov, ) p ,
Robert Elliott, Esq. SaniL Penhallow, \ -^"^^l^'

His Excellency Joseph Dudley, Esq. Governor's, Letter
dated tlie 27"' instant signifying that he had desired the
Lieut. Govern'' Usher, to return to this Province, that there
may be a necessary command, and that it may be consid-
ered that Lodgings be provided forthwith for said Lieut.
Govern'' at New Castle, was communicated.

440 PROVINCE OF NEW-HAMPSHIRE. [1704.

It is of tlie opinion of the Council that they are not a
full Board and therefore refer the consideration of said
Letter till tlie first meeting of a full Council.

[p. 121.] Province of New Hampshire.

At a Council held at New Castle, on
Friday, the 7"^ of July, 1704.
Present.
The Hon'''^ John Usher, Esq. Lieut. Governour &g.

George Jeffrey, ^
John Hinkes, ) -n 8aml. Penhallow, > Esqs.

Robert Elliott, \ ^^^^^- Henry Dow, )

Ordered, that Mr Treasurer, provide Beds and Bedding
for Souldjers at her Majesty's Fort Wm. and Mary, cloth for
partridge* baggs, a Flag for said Fort, Junk for Wadding,
Tar, Blacking etc. for the great Guns, and Oars and other
necessaries for the boat belonging to the Fort, and that the
same be paid for out of the 700"' Act last raised, and that
the Treasurer bring in his account to this Board of the
charge.

His Excellencys Letter of the o"^ July 1704, directed to
Mr. Secretary Story, in order to be communicated to this
Board, was read, signifying that he had formerly writt to
the Council about lodgings for the Lieut. Govern'', and that
he again desired that a proper reception be provided at
Great Island for said Lieut. Governour, about the same.

Ordered, that the Treasurer with all possible Expedition,
take two rooms at Great Island fitting for the entertaining
of the Honourable the Lieut. Govern'', with Lodgings at
such house as he shall see meet, to be paid for at the Prov-
ince charge, till the sitting of the next General Assembly ;
and that the Representatives be then acquainted with the
same, in order for their consideration.

•Cartridge?

1704.] RECORDS OF COUNCFL. 441

Ordered, That the Secretary issue forth a Warrant to tlie
Treasurer for the payment of one pound, ei<ihteen shilliniu^s,
to the Honourable the Lieut. Governour, for his expense
and charges in going out and coining into this Province for
her Majestys' especial service, as far as Boston, in June
last past.

[p. 122.] Province of New Hampshire.

At a Council held at New Castle, on
Thursday, the 27"' July, 1704.
Present.
The Hon. John Usher Esq. Lieut. Govern\

John Hinkes, ^ George Jeffrey, ^

Rol)ert Elliott, > Esqs. Saml. Penhallow, J Esqs.
Nathl. Weare, ) John Plaisted, )

Henry Dow, Esq.

Gentlemen —

The occasion of calling' you at tliis present time is upon an un-
happy account, of the disturbance of some of the Inhabitants of
Hampton, the crime so great as to be in a riotous manner, for the
which I thought meet to binde them over here to this Board, in
order to have your advice about tlieir being prosecuted for the
same; tlie complaint having been made to me by way of petition
of one Samuel Koby, which shall be read at this Board.

The petition of Samuel Roby was read as upon file.

Jacob Brown and Seth Fogg appeared, owned their ex-
amination to be truth, &c.

Daniel Lamprell appeared. Said he was with the com-
pany, but did not help to })ull any fence down, but that he
saw others pull down the fence.

Nathaniel Batchclor, John Redman, Abraham Drake,
Symon Dow and John Gove appeared, and all owned that
they had pulled down some fence near Samuel Roby's
house, but knows not that the fence belonged to Samuel
Roby, because it stands upon the Town Commons.

442 PROVINCE OF NEW-HAMPSHIRE. [170-i.

Epliraim Marstone, Jabez Dow, Robert Moiilton, John
Knowles, Junr. Christopher Page, Daniel Moulton, Jona-
than Marstone, Samuel Nudd, Stephen Sanburn, appeared
and owned what is mentioned in this examination.

Ordered, that all the persons aforenamed who are charged
in Samuel Roby's petition for Riot, etc. be tried for said
fact at the next Superior Court of Judicature, &c. that tlie
Justices of said Court proceed according to Law in taking
security for their appearance there.

[p. 123.] Province of New Hampshire.

At a Council held at New Castle, on
Tuesday, the 1^' of August, 1704.
Present.
The Honourable John Usher, Esq. Lieut. Govern''.

John Hinkes, ) ^ George Jeffrey, ) ^

John Gerrish, ) ^ ' Saml. Penhallow, j ^

Whereas there is an Acct. that the Enemy designs to
attack these parts, his Hon"" the Lieut. Governour proposed
to this Board that a Shallopp be fitted out with tenn men
in her to cruise betwixt Hampton and Cape Po)"pus, in or-
der to make a discovery of the Enemy, if upon that coast,
and that they be provided with arms, ammunition and pro-
visions, and desired this Board to give tlieir opinion to
what he has proposed.

It is the opinion of the Gentlemen of the Council that a
Shallopp Ijc fitted out accordingly, and that application be
made to his Excellency, that there be some men with Arms
and Provision ordered out of the Massachusetts Govcrnm*,
towards manning the said Shallopp.

Ordered, that the Treasurer provide the Secretary with a
Book fitting to enter the Minutes of Council and General
Assembly fairly into.

1701.] RECORDS OP COUNCIL. 443

[p. 125.] Province of New Hampshire.

At a Council held at Portsmouth,

the 28'" August, 1704.

Present.

His Excellency Joseph Dudley, Esq. Governour.

John Hinkcs, ^ Gcoruc Jeffrey, ^

Kol.ert Elliott, U Nathl. Weare, 1 p

Peter Coffin, (^^^^' Sanil. Penhallow, f^^^^*
Jno. Gerrish, J John Plaisted, j

Henry Dow, Esq.

The petition of Elizabeth Scott was read at this Board,
setting forth that Samuel Penhallow and Thomas Phipps,
Justices of the peace, had unjustly and contrary to Law
proceeded in a case against her and fined her illegally, &c.

The said Samuel Penhallow and Thomas Phipps answer-
eth, as upon file, that they never unjustly or contrary to
Law proceeded in any case against her illegally, &g.

Upon reading the said petition and a full hearing of the
Justices mentioned as above, the Council are of opinion
Nemhie Contradlcente, that there is no lie nor defamation
of Rimes in the whole evidence ; and having observed sev-
eral irregularities in the proceedings,

Doe order that the Justices in the next Quarter Sessions,
to whom Mrs. Scott is referred by the bond of good be-
havior, doe in o))en Sessions declare the said recognizance
void, and that the fine of ten shillings be thence restored
to her, and also all Costs given to the parties persuing her,
which if not done by the said parties, the said Scott is al-
lowed her action for the same, and may show this judg-
ment and Order in evidence, and that the Secretary give
coppy of this order to the Gentlemen of the Sessions.

Upon the reading the ])ctition of Francis Jennings, and
a full hearing of the Judge of the Superiour Court men-
tioned in said petition,

Ordered, that the petition be referred to the Superiour

444 PROVINCE OF NEW-HAMPSHIRE. [1704.

Court, who aro directed without delay, to doe what to jus-
tice appertains that there be noe further complaint.

Ordered, that the Secretary signify to tlie Deputy Col-
lector and Naval Officer that they bring in a List of all
such fees as they usually, and according to Custom take, in
the executing of their several offices.

[p. 126.] Province of New Hampshire.

At a Council held at Portsmouth, on
Saturday the 16'^ September, 1704.
Present.

George Jeffi-ey, } -^ John Plaisted, ) ^

Saml. Penhallow, \ ' ^ ' Henry Dow, ] ^

Pursuant to his Excellency's Letter of the eleventh in-
stant, directed to Mr. Secretary Story, intimating that there
were four Frigotts and two Merchantmen at Port Royal
who would mediate [?] something and most probably in Pis-
cataqua River, therefore desired and requested the Council,
that whatever Colonel Romer should demand for fifteen or
sixteen days, to put the Fort in a posture of defence, should
be given him. The Secretary summoned the Council and
said Letter was communicated at this Board.

Colonel Romer sent a Memorial to this Board which was
read, as upon tile.

There not being a full Council, this Board adj*^ till Mon-
day, tenn of the clock, ante meridiem at New Castle.

1704.] RECORDS OF COUNCIL. 445

Province of New Hampshire.

At a Council held at New Castle, on
Monday, the 18"' Sc|)teml)cr, 1704.

Present.

John Hinkes, Esq. President.

George Jeffrey, ) ^^^^ Saml. Pcnhallow, ) -p
Robert Elliott, \ ^''^^- Jolin Plaistcd, \ •^^^'•

His Excellency's Letter of the 11"' instant directed to
Mr. Secretary Story, relating to putt her Majesty's Fort into
a posture of defence, was this day again communicated to
this Board.

[p. 127.] Whereas there is an absolute necessity for a
considerable number of laborers and Carpenters to be im-
pressed out of the several towns of this Province, for the
immediate putting her Maj'tys Fort William and Mary into
a posture of defence :

Ordered, That the Secretary issue forth a Warrant to the
Sheriffe of said Province, requiring him immediately upon
sight thereof, to impress thirty six Laborers, and twelve
Carpenters, out of the several towns of this Province in-
cluding those now at work at said Fort, till their tenn days
are out.

TT i. i Labourers, 10. -c^ , \ Labourers, 8.

Hampton, j Carpenters, 3. ^^^^^^'' j Carpenters, 3.

Porf^mo ^ Labourers, 8. -^ \ Lal^ourers, 7.

Poitsm (Carpenters, 3. -^°'^'' ) Carpenters, 2.

n.- n 4.1 { Laborers, 3.
JNew Castle, ] ^ , ' -.

' I Carpenters, 1.

to be sent down to her Majestys said Fort, there to labor
and work, eight working days according as they shall be
(Hrected l)y the Honorable Wolffjang Wm. Romer,* Esq.
her Majestys Chief Engineer. And furtlier, that thirty six

• "Wolfgang Wm. Roaier, Esq," who was Chief Engineer for Lis JJujcoty iu 2\cw
Hampsliire, servori also in tlie same office in Now England ami New York. In Vol.
IV. of Doc. Col. Hist, of N. Y. is a full account of bis various services. — Ed.

446 PROVINCE OF NEW-HAMPSHIRE. [1704.

more Laborers and twelve Carpenters be Imprest as above-
said, to relieve the former at the end of the said eight
days ; and they also to work eight days at said Fort as
aforementioned. And in regard there are to be so many
Labourers and Carpenters at the said Fort, it is further
ordered, that the number of soldiers there be reduced to
the number of four, who are now actually in pay.

[p. 128.] Province of New Hampshire.

At a Council held at New Castle, on Friday,
the twenty-second day of September, 1704.

Present.
John Hinkes, Esq. President,
George Jeffrey, Saml. Penhallow, Esqs.
His Excellency the Governor sent a Copy of a Letter to
be Communicated to this Board, from His Royal Highness,
Prince George, of Denmark, Lord High Admiral of Eng-
land, Ireland, &c. and of all her Maj'tys Plantations &g.
and Generalissimo of all her Maj'tys forces, &g. dated the
4"' of March, 1703-4, importing a Treaty lately concluded
with Algiers by Rear Admiral Bings, with the copies of an
Article therein contained, viz : That Certificate be given
by the Governours of her Maj'tys Plantations in America,
&c. to the Master of Merchant Shipps built in the Planta-
tions, and to such prizes as shall be taken, and requiring
and directing his Excellency to take special care to comply
with what is therein directed, as to what relates to his
part.

Ordered, that notice thereof be given by posting up the
order in some publick place in Portsmouth, and in the Col-
lectors Office, and Naval Office in this Province : And the
officers are hereby ordered to direct all Masters of Ships
and Vessels bound to any part of Europe, to attend his
Excellency for such Certificate accordingly.

1704.] RECORDS OF COUNCIL. 447

[p. 129.] Province of New Hampsliire.

At a Council lield at Portsmouth, on
Friday, the G'" of October, 1704.
Present.
The Honourable John Usher Esq. Lieut. Govcrn^

John Ilinkcs, ) Samuel Penhallow, ) -p, «,

Peter Coflhi, > Esqs. Henry Dow, ) ^^

George Jeffrey, )

Tlic twenty Indians voted by the last General Assembly
to be sent into this Province by his Excellency the Gov-
ernor, etc. in order for scouting, <fec. being now sent by his
said Excellency for that intent,

Ordered, that they be kept out from time to time, in
scouting in the woods, and that the Treasurer supply them
with provisions, and to be allowed six pence per diem, to
be paid out of the next Province Rate.

The apprizement of Peter Coffin & John Plaisted, Esqs.
and Mr. Timothy Davis, formerly delivered into this Board
about some quantity of Timber brought to her Majesty's
Fort Wm. and Mary, being valued at four pence half penny
per foot, at tlie landing place by {lie Fort, besides the
charge of hauling it up, was allowed, and approved of by
this Board.

Whereas Richard "Waldron, Esq. and George Jeffrey,
Esq. were appointed a Committee to hear, adjust and de-
termine the acc"^ betwixt Mr. Hinkes, John Cross and
James Phillipps, souldjers at the Fort, and the said Richard
Waldron, Esq. refuses to be of the Committee :

Ordered, that Mr. Hinkes bring in said accounts, to this
Board at their next sitting, that the same may be there
adjusted.

Ordered, that tenn pounds per annum be allowed for
Lodgings for the Lieut. Govern"" and to l)e paid to such per-
sons from time to time (wliere he shall see meet to lodge)
out of the Publick Treasury.

Adjourned till Thursday next, 12 o'clock at Portsm°.

448 PROVINCE OF NEW-HAMPSHIRE. [1704.

[p. 130.] Province of New Hampshire.

At a Council held at Portsm", on
Thursday, the 12"^ October, 1704.
Present.
The Honourable John Usher, Esq. Lt. Govern^

John Hinkes, ) George Jeffrey, ")

Peter Coffin, > Esqs. Saml. Penhallow, I -p,
Kobert Elliott, ) Henry Dow, (>^sqs.

John Plaisted, J

John Hinkes, Esq. appeared at this Board, according to
the order of Council of the sixth of October, instant, re-
lating to a difference of accounts between John Cross and
James Phillipps, souldjers at her Majestys Fort, and him-
self.

Ordered, that the said John Cross and James Phillipps
be each admitted as Informa pauperis to proceed at Com-
mon Law against the said John Hinkes, for recovering of
their just dues, and that the Secretary forthwith write to
the Chief Justice of her Majestys Inferior Court of Com-
mon Pleas, to admit tlie said John Cross and James Phill-
ipps, each Informa pauperis accordingly, and to nominate
an Attorney for them, and that the Secretary also write to
the Clerk of the said Court to issue forth Writs in due
time, at the suit of said Cross and Phillipps against said
John Hinkes, to be heard at next Inferior Court, and that
the Secretary carry such Debenters and Minutes of Coun-
cil to said Court, as the said Cross and Phillipps may have
occasion for, to be used as evidences on their behalf.

1701.] RECORDS OF COUNCIL. 449

[p. 131.] Province of New Hampshire.

At a Council held at Portsmouth, ou
Saturday, the IS"' November, 1704.
Present.
George Jeffrey, Esq., Saml. Penhallow, Esq.,
John Plaisted, Esq.
Pursuant to his Excclloncys Letter of the lo**' Novemhcr,
instant, setting forth that he thereby prorogued the General
Assembly till Wednesday, the 24"' January next ; it is con-
sented to by the Council and ordered that Mr. Secretary
Story give timely notice to the members of the Assembly,
(if possible) that they are prorogued till Wednesday, the
24"* January next, accordingly.

So far gone to England in Capt. Morris.

[p. 132.] Province of New Hampshire.

At a Council held at Hampton, Monday,
the 4'^ December, 1704.
Present.
The Honorable John Usher, Esq. Lieut. Governour.

John Hinkes, ) George Jeffrey, )

Peter Coffin, \ Esqs. Saml Penhallow, > Esqs.
Nathl. Weare, ) Henry Dow, )

His Hon'' the Lt. Governour, acquainted this Board, that
the occasion of calling the Council was, that whereas he
had )jeen sometimes out of the Province he was willing
therefore to know in w* condition the state of the Province
was in ; and if this lioard had any thing to offer for her
Maj'ty's service and good of the Province, he should very
readily adhere thereto, and endeavour to promote the inter-
est of the same.

Whereas there is a general remissness in the several
Towns of this Province in watching and warding, this
29

450 PROVINCE OF NEW-HAMPSHIRE. [1704.

Board humbly desires that his Hon'^ would take care to
Redress the same.

Whereas there was an Act passed and enacted and en-
titled, An Act to prevent contention and controversy that
may arise concerning the Bounds of the respective Towns
within this Province, which Act was repealed and made
null and Void by her most gracious Majesty Queen Anne, in
Council the eleventh day of November, 1703, at the Court
at St. James ; and whereas several inhaljitants of this Prov-
ince by virtue of said Act, have been settled to and belong
to the said several towns according to the Bounds men-
tioned in said Act : — It is therefore Ordered, that for the
future all Inhabitants settled by said Act according to the
Bounds therein mentioned, shall belong to the several
towns of this Province, and pay Rates and doe duty to
such several towns as they formerly did doe duty and pay
Rates to, before the said Act was ever made or enacted ;
as they will answer the contrary : And that the Secretary
make this order of Council publick to all the said several
Towns, &c.

Whereas the Indians now in the country's service have
had and may have necessary occasion for supply of cloath-
ing and wearing apparel, &c..

Ordered, That whosoever have already supplied, and
still supply the said Indians with such necessary clothing,
&c., that they may be punctually paid out of the said In-
dians wages in money, when paid by this Province, &c.

Ordered, that a Thanksgiving day be set apart through-
out this Province, for God's mercies, &c., on Thursday, the
21st instant.

His Hon'^ the Lt. Govern"", acquainted this Board that he
had given Orders to Lt. Col. Hilton, to take care of watch-
ing and warding throughout this Province, and that he
alsoe had ordered said Colonel to call all the Companies of
Militia together in the several towns of said Province, and
to take a List of all the Inhabitants that had got Snow

170 L] RECORDS OP COUNCIL. 451

Shoes, according to the Act, and to pnnish delinciuents ;
and that his Honor will be ready upon the least notice of
occasion for her Maj'tys service or good of the Province,
to give his assistance ; and that if he goes to Boston shall
observe and follow such orders and directions as he shall
receive from his Excellency, &c.

Ordered, that all Beef and Pork taken by the Treasurer
in the seven hundred pounds Rate, be sold by him for the
payment of the Creditors, at five farthings per pound for
Beef, and two pence per pound for Pork, and that to be ac-
counted as Markett mony price.

Ordered, that the charge of the House for the Council
to sit in this day, be paid by the Treasurer, and to be al-
lowed him out of the Treasury. (Joshua Wingate's order.)

The Fort acc"^ from the 17''^ May, 1704, to the 17"' No-
vember, 1704, amounting to sixty-five pounds fifteen shil-
lings, was this day allowed by the Lt. Gov"^ and Council.

[p. 134.] Province of New Hampshire.

At a Council held at Portsmouth on Mon-
day, the 25'*' December, 1704.
Present.
John Hinkes, ) ^ Saml. Penhallow, ) -^

Robert Elliott, j ^^^^- John Plaisted, j ^^^^•
Pursuant to his Excellency's Letter of the 18th of Xber,
setting forth her Majesty's commands to proclaim the Pro-
clamation about the Coyne in a most solemn manner :

Ordered, that the Justices and Sherifife attend the pub-
lication of said Proclamation this present day at Ports-
mouth, and alsoe at New Castle, some day this week, as the
weather will permit ; and accordingly the said Proclama-
tion was proclaimed at Portsmouth ; the Justices, Secretary
and Sheriffe attending the same in a serious and solemn
manner.

4o'2 PROVINCE OF NEW-HAMPSHIRE. [1705.

Whereas his Excellency in his said Letter, doth also set
forth that Colonel Romer complains to his Excellency, that
the persons that have advanced for the Fortifications in
Great Island in said Province, do neglect to attend upon
him, the said Colonel Romer, to adjust their accounts with
him :

Ordered, that all persons, so in advance, doe tender to
make up their Accounts with said Colonel Romer within
fourteen days, after this present day, upon the danger of
their loss of accounting hereafter ; said Colonel Romer be-
ing goeing out of this Province, and that this order of
Council be immediately published by the Sheriffe and Sec-
retary, and that the Secretary send a copy of this order to
Colonel Romer and to one of the Justices in each town.

Ordered, that the Boat belonging to her Maj'tys Fort
Wm. and Mary, with what hands shall at any time be
thought proper to row said Boat, shall be at the immediate
commands of any of the members of her Maj'tys Council
within this Province from time to time, for her Maj'tys ser
vice ; and that the Secretary send a copy of this order to-
the Chiefe Ofiicer of said Fort.

[p. 135.] Province of New Hampshire.

At a Council held at Portsmouth, on
Monday the 12* February, 1704.

Present.
The Honourable John Usher, Esq., Lt. Governour.

T 1 ri • i' f T71 Saml. Penhallow, / -p,

John Gernsh, > Esqs. -rr t\ ? Esqs.

rf T £c ( Henry How, I ^

Geo. Jeffrey, ) ) ■

His Hon'' was pleased to acquainte this Board, That he

had received his Excellency's Commands to come hither to

dispatch an Expedition intended by his Excellency Joseph

Dudley, Esq., Governour and Commander-in-Chief of said

170").] RECORDS OF COUNCIL. 453

Province, <fec., for a Company of Volunteers to march from
hence to Ncridgawack, aga*' the Indian enemy ; together
with two or three hundred of the forces helonging to the
Massachusetts Government, — it importing his Excellency to
the last degree to know where the enemy are, and Hint he
had ordered Lt. Colonel Hilton,* to be here next Wednes-
day, and that his Hon'' had alsoe issued forth Warrants
for the impressing of a Company out of this Province, in

* Letter from Gov. Dudley to Col. Hilton.

"Boston, 8 Jan., 1704-5.
Sr—

I am not willing to pass the winter without a march to the Indian Head Quarters.
I have 200 men with you already. I will take care for one hundred more from hence,
and 1 would have you raise me one Company of volunteers of sixty, and see if we
cannot get Norigwalk. Confer with Major Walton about it, and put forward, and see
after your snow-shoes according to law ; and I will see you a fortnight hence, God
please. Write me on this head.

I am, sir, your

Affectionate Kinsman

J. Dudley.
Lt. Col. Hilton."

"The Colonel .accordingly marched with 270 men to Norridgewock, a distance of
nearly two hundred miles, upon snow-shoes. The season was considered favorable for
their march, as the snow was four feet deep. The Indians forsook their settlement
upon Hilton's approach ; and having burnt the chapel which the French had erected,
and the wigwams which the Indians had deserted, he returned without meeting the
enemy. In this expedition the officers not only shared the hardships of their men,
but received no more pay than the privates. In the Spring, Col. Hilton commanded a
party to scour the wooils to the heads of the Winepisiogee and Pemigewasset, and was
not only this summer but most of the time, when not engaged in more important
and distant expeditions, employed in ranging the frontier settlements from Massaclm-
setts to Maine." * * * * Hilton was occasionally under the necessity of discontin-
uing liis scout, or diminishing the number of his men, in consequence of the failure of
the towns to comply with the requirements of the Law. This gave ott'ence to the Gov-
ernor, who had a very liigli sense of the duty of obedience in those under his authori-
ty, and he addressed the Colonel, in this style:

" Boston, 24th Sept, 1705.

Siu: — I am surprised that any body should divert you from my last order about a
scout of twenty men. Upo7i your representation, I could have aliated the number, or
time or distance of marching; but I must have no body else to do it.

1 pray you to draw your men yourself, if your officers do not do it to satisfaction, as
in your power, wherein Major Worell will assist you, and let me hear from you as
often as you may.

Keep close to my orders, and they will keep you.

I am, Sir, your humble servant,

J. Dudley."
[Hist. Coll, Farm. & Moore, vol. i, pp. 240-7.]

454 PROVINCE OF NEW-HAMPSHIRE. [1705.

case thcTre should not be a Company of Volunteers ; and
that he had alsoe directed the Treasurer by warrant, to
provide provisions and other necessaries fitting for said
Company to March from hence ; and that he thinks it highly
reasonable said Company shall have the same pay paid
them by this Province, as the Massachusetts Bay may be to
those that march against the enemy from that Government.

Whereas there was an Act passed last year that all the
towns within this Province, should raise a Town Stock of
provisions for all such Volunteers or Imprest men, that
should march that year against the Enemy, and in case
such provisions were not made use of, the same to be re-
turned to the selectmen for the use of the Town ; and this
Board having information that there are some [p. 136.]
small quantities of said provisions not yet made use of as
aforesaid ;

Ordered, that what soldiers or Volunteers shall now
march against the Enemy to Noridgewock out of the sev-
eral Towns of this Province ; that if said Towns will fur-
nish such souldjers or Volunteers with such provisions as
aforesaid, the value thereof shall be allowed the said Towns
in their next Province Rate in proportion.

Ordered, that Colonel Hilton bring the Indians under
the establishment of this Province to Portsmouth, on
Wednesday next, in order to march under his command to
Norridgawack.

Ordered that all souldjers or Volunteers that march upon
the aforesaid expedition, that are provided with Blanketts
at the Province charge, the value or price of said Blanketts,
shall be deducted out of said soldiers or Volunteers wages
or pay.

Adjourned till Wednesday next, 12 of the clock, ante
meridiem.

1705.] RECORDS OF COUNCIL. 455

[p. 137.] Province of New Hampshire.

At a Council held at Hampton, on Sat-
urday the 17"' of February, Anno Dom-
ini, 1704.

Present.
The Hon. John Usher, Esq., Lieut. Govern^
Peter Coffin, Nathl. Weare,

Honry Dow, Esqs.
His Hon'' was pleased to say. That in obedience to his
Excellency's command ho came into this Province with
much difficulty, and that his Excellency had given him di-
rections for the doeing of several things for her Majesty's
service ; he also declared himself very thankful that the
army was marched from hence to Norridgawack ; that he
had taken care to perform the above directions from his
Excellency ; that he had ordered the Council to be here
this day, but several of them were slighting or negligent
in their duty ; that he designed to goe out of this Province
on Monday next, and desired if this Board could acquainte
him of any thing that wanted to be done for her Maj'tys
service and good of the Province, he would readily comply
with this same.

Colonel Thomas Packer's Debenter amounting to 5<£.
14s. 3d, for entertaining Capt. Morris, Commander of her
Maj'tys shipp Advice, and several Dinners for her Maj'tys
Council, &c., allowed, and ordered to be paid in Course out
of the Province Rate.

Colonel Packer's Debenter amounting to 7^'' for fire and
candles from February 1703, to February 1704, allowed
four pounds thereof, and ordered to be paid in course out
of the next Province Rate.

Joshua Wingetts Debenter, amounting to 1"' 15" 9'',
for entertaining the Lieut. Govern'' and Council, the 11"*
and 17"" of February, instant, allowed and ordered to be
paid by tlie Treasurer, &c.

456 PROVINCE OF NEW-HAMPSHIRE. [1705.

[p. 138.] Richard Jose, Esq., High Sheriffe of said
Province, his Debenter, amounting to IS"" 9* 0''., for Impres-
sing several men for the Reforming her IVfaj'tys Fort Wm. and
Mary, and for some materials for said Fort, allowed tenn
pounds thereof, and to be paid in Course, out of the next
Province Rate.

[p. 140.] Province of New Hampshire.

At a Council held at New Castle, on
Thursday, the lo^*^ March, 1704-5.
Present.
The Hon'^''^ John Usher, Esq., Lieut. Gov^
J , TT' I ) Saml. Penhallow, )

Robert EHiott, ^'^'- ^^^^" ^^^''^'"^^ ^'^«-

' ) Henry How, )

His Honor was pleased to acquainte this Board, that he
thought to have seen his Excellency here at his coming,
but considering the Providence of God hath put the vessel
off to sea, that his Excellency was coming here in, there-
fore he proposed to this Board to have their opinion about
sending an Express to Boston to inquire about his Excel-
lency ; as also to acquainte that Governm* that the Man-of-
War and Mast Shipps were ready to Sail next week, — lest
they might have any occasion for her Maj'tys service.

Whereas, there is a Brigantine off this Harbor expected
in here this night ; and there be noe account of his Excel-
lency, then to send an Express away as above with all Ex-
pedition.

His Honor also acquainted this Board that his Excellen-
cy was willing to be here at the sitting of the Assembly ;
and therefore he had adjourned said Assembly, till to-mor-
row morning, tenn of the clock and proposed to have a
further adj'' in hopes of his Excellencys arrival.

170.").] RECORDS OF COUNCIL. 457

It is the opinion of this Board that the Assembly be fur-
ther adj^', til Monday next, 12 of the clock, ante meridiem.

His Honor the Lieut. Governour ordered Mr. Treasurer
Penhallow, to have his accounts ready to lay before the
Assembly at this Session ; as also to have the sum fairly
transcribed in order to be sent to England with the ]\[ast
fleet, <fec.

Province of New Hampshire.

At a Council held at New Castle, on
Tuesday, the 20^'> March, 1704-5.
Present.
The Honorable John Usher, Esq., Lieut. Gov^

John Hinkes, \ George Jeffrey, )

Robert Elliott, > Esqs. Saml. Penhallow, > Esqs.
John Gerrish. ) John Plaisted, )

His Honour the Lieut. Governour proposed to this
Board, that seeing by the Providence of God, his Excel-
lency was disappointed of his intention in being here at
this juncture of time, and the Fleet behig ready to sail,
that he thought it very necessary to give an account to the
Right Honorable the Lords of the Plantations, of the Re-
forming of her Maj'tys Fort Wm. and Mary, at New Castle,
which is now in a posture of Defense against the Enemy,
and that it may be also laid before them the want of pow-
der and ammunition for said Fort ; and that they would
lay before her Maj'ty that she would be graciously pleased
to send forty souljers at the charge of the Crown for the
defense of said Fort ; the people in said Province being
burthened with the Lidian wars, and become miserable
poor, &c. ; and that a humble Address be drawn np to the
Right Honorable the Lords of the Council of Trade and
Plantations, from this Board, relating to the same ; and

458 PROVINCE OF NEW-HAMPSHIRE. [1705.

that tlic Secretary draw an Address accordingly and signe
the same.

Per order of Lt. Govern'' and Council.

His Honor the Lieut. Governor, demanded of Mr.
Treasurer, his account for some part of the year 1704, in
order to be sent to England. Mr. Treasurer answered,
[p. 139.] that when he had passed his account with her
Maj'tys Auditor, which he would doe as soon as possible,
they should be sent to England with the first opportunity.

Mr. Hinkes Debenter being read at this Board, balance
due 44. 11. 9. one article in said Debenter being for 151b.
Cash received of one Philbrooke, Constable, to pay the
souldjers at the Fort, being burnt in his house, was allowed
and ordered to be paid in course out of the next Province
rate, the other part of the Debenter to be referred.

Colonel Romer's accounts concerning her Maj'tys Fort
Wm. and Mary was delivered at this Board to the Secre-
tary to be put upon file.

John Pinder his petition being this day read at this
Board, relating to his prosecuting one Bridgett, the wife
of Thomas Bickford, on her Maj'tys behalf at the last
Quarter Sessions of the Peace held for this Province, &c.,
for violently assaulting and beating Sarah, the wife of
said Pinder, setting forth that he was denied a Jury on be-
half of the Queen, &g. ; and that the Justices had past
Judgment against him to pay Costs to the person com-
plained ag^*. Petition upon file.

Ordered, That the Secretary issue forth an order to all
persons concerned to stop the executing of any Execution
for such Costs, until next Quarter Sessions is ended ; and
that if said Pinder continue grieved at the sentence of
the said Quarter Sessions, that he then have a Jury at the
next Quarter Sessions allowed him, and the case to be
heard de Novo, and that the Secretary serve the Justices
of the next Quarter Sessions of the Peace for said Prov
ince, with a copy of this order of Council,

Ordered, That the Fort boat be forthwith repaired.

170.").] RECORDS OF COUNCIL. 469

[p. 141.] Province of New Hampshire.

At a Council held at New Castle, on
Monday, the 26'" March, 1705.
Present.
The Honourable John Usher, Esq., Lieut. Governour.
John Hinkes, George Jeffrey,

Saml. Penhallow, Esqs.
A memorial to the Lords Commissioners of Trade and
Plantations was read at this Board in ha3c verba — as upon
flic — and Ordered to be sent by the Mast Fleet.

His Honor desired this Board to acquaintc him, that if
they would offer anything for her Maj'tys service, and good
of this Province he was ready and willing to doe the same,
for that he was going this week to Boston ; desired them
also to let him know if they had anything to communicate
to his Excellency.

Ordered, that his Honour the Lieut. Governour be paid
three pounds a Journey out of the Treasurye for his travel-
ling expenses in coming three times into this province, and
riding to the several towns for her Majesty's especial serv-
ice.

[p. 142.] Province of New Hampshire.

At a Council held at Portsm°, on Tues-
day, the ^'^ April, 1705.
Present.
John Hinkes, Esq., President.
Robert Elliott, George Jeffrey,

Saml. Penhallow, Esqs.
Samuel Penhallow, Esq., one of her Majesty's Council of

this Province, exhibited a complaint against Field,

Second Lieut, of her Majesty's Shipp Advice, for the said
Field's violently assaulting one George Vaughan, Esq., one
of her Majesty's Justices of the Peace for said Province, the

460 PROVINCE OF NEW-HAMPSHIRE. [1705.

17*'' of March last, past ; as alsoe for violently assaylting and
striking him the said Samuel Penhallow, &c. Complaint
upon file.

Ordered, that the Secretary send a Copy of said com-
plainte with this minute of Council to his Excellency
Joseph Dudley, Esq., Governour, &c., by the next post.

[p. 143.] Province of New Hampshire.

At a Council held at Portsmouth, on

Tuesday, the 8"> day of May, 1705.

Present.

His Excellency Joseph Dudley, Esq.

George Jaffrey, ) p John Plaisted, ^ y

Sam. Penhallow, ) ^ ' Henry Dow, j '' H •

Ordered, that Mr. Jaffreys, John Plaisted, Capt. Picker-
ing, and Mr. Phipps, be a Committee impowered forthwith
to survey the fence of the town of Portsmouth, and com-
pute the charge, and consider what has been formerly
ly laid out, and they are hereby impowered to lay a tax for
that service not exceeding forty pounds, in the laying of
which they are to consider the benefit of the alteration of
the lines to several of the inhabitants, and proportion the
charge in everything, and see that the work be effected,
and the accounts thereof ready to be presented in Council
by the tenth of June next. The town Tax signed by three
of them, Jaffreys or Plaisted being one, shall be sufficient
"Warrant to the Constable to collect and destrayne the
same.

Samuel Penhallow, his Debenter, amounting to twenty
pounds for disbursements for Salt and Casks, &c., about
the provisions in the 700'^ Rate, was read at this Board
and allowed of, <fcc.

Ordered, that Col. Thomas Packer be paid out of the
Treasury tenn pounds, two shillings, nine pence, for en-
tertaining his Excellency and attendance.

170o.] RECORDS OF COUNCIL. 461

Province of New Hampshire.

At a Council held at Portsmonth, on
Tuesday, the fifth day of June, 1705.
Present.
Eobert Elliott, ) George Jaffrey, J

John Gcrrish, > Esqs. Saml. Pcnhallow, > Esqs.
Nathl. Weare, ) John Plaisted, )

Ilis Excellency Joseph Dudley, Esq., Governour, &c.,
Letter from Boston, dated the 29"' May, 1705, was read at
this Board, directing that they send to Lieut. Colonel Hil-
ton for the Impressing of Eight able souldjers equally out
of his Regiment (New Castle excepted) to attend at the
Fort for a Watch and Garrison night and day, till further
order ; and that the Capt. of the Castle, or in his absence the
Lt. there, see said Eight men mustered every day, and the
Inhabitants of New Castle once a week, for an hour or
two, to see their Arms fixed ; and that the firing of those
great Guns at each a minutes distance, be an Alarum, to
which half of Hampton Lower Company and half Ports-
mouth march immediately for relief, &c.

Ordered, That the Secretary write to Lieut. Colonel Hil-
ton, that he forthwith Impresse four able souldjers equally
out of his regiment (New Castle excepted) and send them
immediately to her Majesty s Fort Wm. and Mary, to join
with the four souldjers now under her Majestys pay for a
Watch and Garrison day and night, till further order ; and
that the Capt. or in his absence the Lt. see that all the
eight soldiers be mustered every day, and that they be put
to noe other duty whatsoever, unless upon some extraordi-
nary occasion for her Majestys especial service ; as alsoe
to muster the inhabitants of New Castle once a week, for
an hour or two to see that their Arms are well fixed ; and
that the firing of three great Gunns at each a minutes dis-
tance at the said Fort be an Alarum, to which half Hamp-
ton lower company and half Portsmouth march to the said
Fort immediately for relief: and that the Treasurer pro-

462 PROVINCE OF NEW-HAMPSHIRE. [1705.

vide victuals for the said four imprest souldjers at 6* per
diem ; a copy of this order to be sent to Major Smith,
Capt. Pickering, Capt. Langdon and the commander for
the time being at the said Fort.

[p. 145.] Ordered that all the Inhabitants of Little
Harbor and Sandy Beach take their turn two or three in a
night, to watch and scout from Rendezvous Point along the
Sea side, till they meet with Hampton Scouts at the house
of John Locke ; and Hampton Scouts, who are from time
to time to be taken or drawn out of Major Smith's Com.
pany, two or three in a night, to watch and scout from
Hampton along the Sea side till they meet with Rendez-
vous Scouts at Locke's aforesaid ; and to begin at Sunset
and continue till Sunrise, and that Mr. William Wallas
have a due inspection as Corporal over the said watches :
in consideration of which duty it is further Ordered, that
the said several Inhabitants of Little Harbour and Sandy
Beach be exempted from doing any duty at New Castle,
except upon an Alarum or an Order from his Excellency or
the Commander in Chief for the time being. And that
the Secretary send an attested Copy of this Order of Coun-
cil to the Commander for the time lieing of her Majestys
Fort Wm. and Mary, at New Castle, to Major Smith and to
the said Wm. Wallas, directing them immediately upon
sight thereof to see said Watch and Scout duly performed
till further order.

[p. 146.] Province of New Hampshire.

At a Council held at Portsmouth, on
Thursday, the 21^' of June, 1705.
Present.

-n . - pii- ■, ] Samuel Penhallow, ^

ri T -cr ' ? Esqs. John Plaisted, > Esqs.

George Jaifrey, j 1 Henry Dow, )

1705.] RECORDS OF COUNCIL. 463

Capt. Rodkiiapp,* Esq. her Majestys Engineer, commii-
nicatcd a Letter to this Board from his Excellency Joseph
Dudley Esq., Governour and Connuander in Chief of her
Majesty's Province of New Hampshire, dated Boston, the
3"^ June, 1705 signifying to this Board, that Capt. Red-
knapp thereby was ordered forthwith to repair the two An-
gles of her Majesty's Fort Wm. and Mary, which had been
dami)nified by the late great Storm ; and to apply himself
to the Council here in order to be assisted with men neces-
sary for that purpose.

Ordered that the Secretary issue forth an Order to the
High Sheriffe impowering him to impress six men as labor-
ers in proportion, out of the several Towns of this Province
(by sending his precepts to the several Capt^ of said Prov-
ince according to his former methods) that have not yet
taken their turns tenn days at the said Fort, as laborers ;
and such Imprest persons to send to her Majestys Port
Wm. and Mary, on Monday next, to labor tenn days under
the Command of Capt. Redknapp, her Majestys Engineer ;
and after such tenn days are ended to relieve the said six
men by sending six other men in their rooms to labor as
aforesaid, and they to continue other tenn days, and so
from time to time till the said two Angles are repaired.
And Mr. Edward Toogood be appointed as Master Work-
man over the said laborers, and that he be desired to
provide what quantity of lime Capt. Redknapp shall see
necessary for such Reparation.

Ordered that Mr. Elliott and Mr. Plaisted be appointed
to goe to her Majesty's Fort Wm. and Mary, and there view
the quantity of powder and stores belonging to the said

* Capt. Redknapp succeeded Col. Roincr, as Chief Engineer of her Majesty

in N. H.

" Her Majesty liaving thought fit to send Captn Rednap to succeed Col. Romer for
the tinishiiig and repairing Forts and Fortifications in New England and Xew Yorke,
and the saivl Rednap having been some considerable time already in New England ;
your Lordp may so soon as he shall finished his. work there, send lor him to attend the
service of New York." &c [Lords of Trade to Lord Cornbury. Coll. Uist. N. Y., Vol.
iv. p. 1173.]

464 PROVINCE OF NEW-HAMPSHIRE. [1705.

Fort, and deliver them to Captain Walton, and take his re-
ceipt for the same, and make return thereof to the Council
Board at their next sitting.

[p. 147.] Province of New Hampshire.

At a Council held at Portsmouth, on
Tuesday, the 14''^ day of August, 1705.
Present.
Peter Coffin, ) p George Jaffrey,

/ ESQS v'^'Jigv:^ 'Seville; J, ( ESOS

John Gerrish, ) '■ ' Saml. Penhallow, j ' ^ *
John Plaisted, Esq.

Whereas this Board having been informed that there
were several great Gunns and Volleys of small Shott heard
at Casco Fort last Sabbath day in the forenoon, beleiving
the Enemy may have laid seige to the said Fort, and an
Express being this day sent to his Excellency relating
thereto, and Robert Elliott, Esq. having offered a Shallopp
and three hands at his owne charge to goe to Casco Fort to
know the truth thereof :

Ordered that tenn able men be forthwith impressed to
go on board said Shallopp lying at New Castle, in order to
sail to Casco, and make discovery of the truth of such in-
formation, and that Captain Pickerin impress said men,
and order them to the Treasurer to receive five days pro-
visions a man.

[p. 148.] Province of New Hampshire.

At a Council held at Portsmouth on Wednesday,
the 5"^ of September, 1705.
Present.

Peter Coffin, ^ George Jaffrey,

Robert Elliott, 1 p Saml. Penhallow, i t-,

Nathl. Weare, (^^^^' John Plaisted, r^^^^'

Jno. Gerrish, J Henry Dow,

170J.] RECORDS OF COUNCIL. 465

His Excellcncys Letter dated Boston the 20"' Aug', 1705,
sigiiilyiug to the Council that he advises and directs that
they forthwith fortify Mr. Packer's house at the Bank, cither
•with Square Timber and two regular Flankers, or with
Stone and brick, and that the Line of the town be Re-
formed, and the AVatches duly kept, &g.

Captain Fickcrin being sent for to this Board, to give an
account how far he had proceeded with the Committee of
]\[ilitia about fortifying Col. Packer's house as a Garri-
son, (fee,

Answered that the Committee of Militia of the Town of
Portsm°, had ordered Col. Packer's house to be fortified as
a Garrison House for defense of the Subjects against the
French and Indian Enemy, and that they had nominated
several persons to be appointed to belong to the same ; but
some few days after such appointments, many of the Inhab-
itants nominated to belong to said Garrison, as aforesaid,
petitioned the Committee of Militia that they did not think
it so convenient for them to belong to Mr. Packer's House
as a Garrison, being of great distance from the body of
their houses ; but if the Committee of the Militia would be
pleased to appoint Mr. Edward Toogoods, and Mr. Mark
Ayres houses as Garrisons, they would be at the charge
voluntarily in fortifying the same.

Capt. Pickerin being also asked how far he had proceeded
in Reforming the Line of the town : —

Answered, that most part of it was well Reformed, and
that he would with all expedition finish the remainder.

It is the opinion of this Board, that whereas the Law
impowers the Committee of Militia to settle Garrisons in
each [p. 149.] town of this Province, and the Committee
of the Town of Portsm", having proceeded as aforemen-
tioned, the further consideration hereof is left to the next
sitting of the Council.

Lt. Colonel Hilton appearing at this Board, acquainted
them that he has orders for twenty men to Scout their turns
30

466 PROVINCE OF NEW-HAMPSHIRE. [1705.

every tenn days in the Woods ; and seldom one half of
them which have yet scouted, fitting for service ; which if
they were reduced to tenn able persons fitt to travel in the
"Woods, would be of more service than twenty unfitt persons.
Ordered, that for the future, tenn able persons only be
appointed as Scouts to range the woods till further order,
being exchanged every tenn days and to be taken out of
the several towns, and the Secretary is hereby required to
give Colonel Hilton a copy of this Order of Council.

[p. 150,] Province of New Hampshire.

At a Council held at New Castle, on Thursday,
the 20*^ of September, 1705.
Present.
The Honourable John Usher, Esq. Lieut. Gov^

Peter Coffin, ) -p, Samuel Penhallow, ) -p^

George Jaffrey, j ^ ' Henry Dow, J ^

His Excellencys letter dated Boston, 14*^ September,
ITOo, signifying that he had in remembrance what was
formerly offered to this Board and the Assembly, referring
to a House for the reception and residence of the Lieut.
Governour, and the Orders thereupon ; and that he was
sorry they have been noe more effectual, and that he had
directed the Lieut. Governours presence into the Province
at this time, upon the command of her Majesty, which
could not be performed, but by his Excellency or the Hon*"'®
the Lieut. Gov^, and it was read at this Board.

Ordered, that the consideration of his Excellency's said
Letter be referred till the meeting of the next Sessions of
the General Assembly.

Her Majestys Letter dated at the Court at Saint James
the 3"^ day of May, 1705, relating to a new Seal prepared
for the use of this her Majestys Government of New Hamp-
shire, which Scale was engraven with her Majestys Arms,

1705.] RECORDS OF COUNCIL. 467

Garter, Supporter, Motto and Crown, with this inscription
round the same, Sig : Provinci.i^ Nostr.e Nov.e IIamp-
TONLE IN Americ. and that the said Seal be affixed to all
Patents and Grants of Land and to all other Acts, and
other publick uses for our said Province : And that the
former Scale be no more or further used or affixed to any
publick Acts or Instruments whatsoever but to be defaced
and broken &c. was read at this Board.

His Honour, the Lieut. Governour, produced the New
Seale to this Board and demanded the old Seale of the
Secretary, which was by him shewn to the Honourable the
Lieut. Governour and Council; whereupon they immedi-
ately ordered the same to be broken & defaced, which was
accordingly done by the Secretary in the publick view of
the Honourable the Lieut. Governour, and her Majestys
Council now present.

[p. 151.] Ordered, that the Treasurer buy for the use of
the Fort, three load of wood and three gallons of oyle for
the present sup])ly of the souldjers there with fire and
lights, and that the same be sent thither with all expedi-
tion.

Ordered, that the Honourable Lieut. Govern'' be paid out
of the Treasury six pounds for two Journeys into this Prov-
ince since the 26*'' March last past, for her Majestys especial
service.

His Excellency's Letter about fortifying of Mr. Packer's
house was again read at this Board.

Ordered, that Mr. Packer's house be forthwith fortified
according to the Orders of the Committee of Militia of the
G"" of August 1705, and that all the Inhabitants thereto ap-
pointed by the said Orders of the Committee, be at the
charge of fortifying the same, and also give their attend-
ance at the said Garrison according as the Law directs,
from time to time, as they will answer the contrary at their
perils.

Samuel Penhallow, Esq. his Dcbcntcr am" to sixty-seven

468 PROVINCE OF NEW-HAMPSHIRE. [1705.

pounds, eight shillings and four pence, for provisions for
supply of souldjers at the Frontiers, was read at this Board,
and ordered to be paid out of the Standing Tax.

His Honour the Lieut. Governour asked the Gentlemen
of the Council, if they had anything further to offer for her
Majesty's service, he intending to depart out of this Province
sometnne this week.

Answered, Noe.

His Honour further acquainted this Board that as his
Excellency had desired them to take care to provide a
House for the reception of him, the Lt. Governour, and
there being no care taken therein, neither anything allowed
for his support in Government, yet he was and always
■would be ready to do anything that was for her Majestys
service and the good of the Province, and in case they
would take care for the support of his Honour he would be
constantly in the Province.

Letter from Gov. Dudley to the Council.
[MS. Correspondence, Vol. I. p. 7. J

Boston, 24 September, 1705.

Gentlemen: The Lieutenant Governor is returned from his
visit of you, & I am glad the province is in so good order; but
truly I was surprised at an order I saw refering- to the ward Sc
scout at Sandy Beach, and a dismission of the soldeirs on that
side from their duty at the fort, expressly contrary to my orders
heretofore given: I must desire, Gentlemen, that you will know
your duty & give me the just support of her Majesty's Authority,
& not run in upon the government.

If at any time there do's want, in your opinion, any thing for
the security of the Province, I shall be glad to have it just stated
either by a meeting of the Council, or by Mr. Secretary or any
one of the gentlemen, whose letters are always acceptable to me;
but while I am within ten hours of you, I will have nothing of
such a nature, as the direction and stating of watches done with-
out my being with you, or the Lieutenant Governor, especially
when it shall infringe my former order. I do therefore desire,

1705.] RECORDS OF COUNCIL. 4G9

tliat you will let me know what you would have done, & that, in
the moan time you give notice to the olliccr you tlien appointed to
govern the matter at Sandy Beach, that he must expect orders
from me before he comands any the Queen's subjects, & tliat the
Sandy beach soldiers do return to their duty at the fort and de-
pendence there, as I have ordered under my hand. I shall always
do my duty to the people of the Province of New Hampshire, &
have always had their respect and obedience, and your assistance
therein, of which I doubt not but I shall have the continuance of.
I am, Gentlemen

your very humble servt.

J. Dudley.

[SEAL OF QUEEN ANNE.

Coj??/ of a Letter from Queen Anne to Governor Dudley.']

[p. 162.] " ANNE R.

To our Trusty and Well beloved Joseph Dudley, Esq. our Cap-
tain General and Commander-in-Chief of our Province of New
Hampshire, in New England, in America, and to our Lieut. Gov-
ernour and Commander-in-Chief of Our said province, for the
time being — Greeting: With this you will receive a Scale pre-
pared by Our order for the use of our Government of New Hamp-
shire, which Scale is engraven with our Arms, Garter, Supporter,
Motto and Crown, with this Inscription, round the same: si<;.

PROVINX'Tv-E NOSTRA NOV^ IIAMPTONI^: IN AMERIC : And OUr Will

and pleasure is, and we do hereby authorize you, and our Lieu-
tenant Governour or Commander-in-Chief of our said Province of
New Hampshire for the time being, to affix the said Seale to all
Patents and Grants of Lauds, and all publick Acts and Instru-
ments of Government 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 ap-
pointed for the publick use of the Government in Our said Prov-
ince hath heretofore been; which former Seals are not to be
farther made use of, or affixed to any publick Acts or Instruments
whatsoever, but to be defaced and broken.

Given at Our Court at St. James' the Third day of May, 1705,
in the fourth year of our Keign.

By her Majesty's Command,

C. Hedges."

470 PROVINCE OP NEW-HAMPSHIRE. [1705.

Superscribed,

. " To Our Trusty and Well beloved Joseph Dudley, Esq. our
Captain Genei-al and Commander-in-Chief of our Province of
New Hampshire, in New England in America. Or to the Com-
mander-in-Chief of Our said province for the time being.

New Hampsh."

[p. 453.] Province of New Hampshire.

At a Council held at Portsmouth, on
Wednesday, the S'^ October, 1705.
Present.

Peter Coffin, ^

John Gerrish, ! -^
George Jaffrey, | ^

Saml. Penhallow,J

His Excellencys Letter of the 21^' of September last
past, relating to a general Thanksgiving to be kept through-
out this Province was communicated to this Board.

Ordered that Thursday, the 18"^ day of October instant,
be observed and kept throughout this Province as a Gener-
al Thanksgiving to Almighty God, for His great goodness
in preserving her Majestys Sacred person, and to prosper
her Arms in the just warr wherein her Majesty and her
Allies are engaged, for the preservation of the Liberties of
Europe, for His signal mercies and blessings in the Sum-
mer past, in restraining the insults and outrage of our
Barbarous Enemies, in granting great and quiet tranquility,
in blessing the fruits of the Earth, and in giving a hopeful
prospect of a plentiful Harvest ; in granting us general
health, and in smiling upon us in other our publick inter-
ests and enjoyments : And that the Secretary issue forth
Proclamations accordingly.

His Excellencys Letter of the 24"" of September last,
relating to tlie "Watches and Scouts at Sandy Beach, was
also communicated at this Board.

1705.] RECORDS OP COUNCIL. 471

Ordered that AVilliara Wallas, who was appointed as
Corporal of a Watch and Scout at Sandy Beach, be ac-
quainted that there be no longer a Scout or Watch kept
there, and that the said William Wallas and the Inhabi-
tants at Sandy Beach, for the future, doe their duty at the
Fort Wni. and INfary when called.

Pursuant to his Excellencys Letter dated the 29"' Sep-
tember last past.

Ordered that the Assembly of this Province be Pro-
rogued till Thursday the 22^* of November next, and that
publick notice be given accordingly.

[p. 154.] Province of New Hampshire.

At a Council held at Portsmouth, on
Wednesday, the 24'^ October, 1705.
Present.
Peter Coffin, Esq. President.

Robert Elliott, ) j^ a '^^^ a -o \ ^n / -n

T 1 n • 1 J Esqs. bamuel Penhallw, > Lsns.

John Gerrish, \ ^ rr t^ (

' ' Henry Dow, )

His Excellencys Letter of the 15"' instant was communi
catcd to this Board, signifying that the Secretary counter-
sign his Subscriptia in the presence of the Council, and to
let his Excellency know whether there be any objection to
the payment of the Treasurer five pound per cent, for pay-
ing and receiving the 450'" for the Castle Service, and to
know the Council's opinion therein.

It is the opinion of the Council that Mr. Treasurer be
allowed his Salary of 12'' in the pound for paying and re-
ceiving the said 450"'.

His Excellency's Subscriptia for 160"' per annum, due
tlie 1^' of November next was Countersigned by the Secr-e-
tary in the presence of the Council.

The Eastern ace* amo* to 143. 2. 0, being allowed of by

472 PROVINCE OF NEW-HAMPSHIRE. [1706.

the Assembly and signed by his Excellency, was shewed
at this Board and approved of.

The Act relating to the Indians <fec., amounting to 206.
11. 0. being allowed by the Assembly and signed by his
Excellency, was shewed at this Board and approved of.
jSo far gone to England.

[p. 155.] Province of New Hampshire.

At a Council held at Portsmouth, on Monday,
the 14^^ day of January, 1705-6.
Present.

Peter Coffin ) George Jaflfrcy, \^

Eobert Elliott, Esqs. Sam'^Penhallow, ^'^^'

vvm. Vaughan, ) ^

His Excellency's Letter dated the 3'' January, 1705, was
communicated to this Board, signifying that he had re-
ceived the Lord Treasurers Commands, that there was a
years ace*** wanting from the Treasurers of the Province
of New Hampshire, viz. Mr. Jafifrey, Mr. Penhallow, besides
Major Yaughans accounts, and Ordered that those gentle-
men whose Accounts of the Treasury are not past in due
form and sent home, be forthwith prepared and past by the
Deputy Auditor within twenty days next, that they may
now be sent there, as they will answer the contrary.

Mr. Jaffrey being present, answered that in obedience to
his Excellencys order in February last, he carried his Ac-
count and Vouchers to Mr. Addington, in Boston, Deputy
Auditor, by whom they were examined and allowed, which
Account he presented to Lieut. Governour and Council,
and then took his oath that the said Accounts were just
&c., and now produced a copy attested by Lieut. Gov.
Usher and Mr. Secretary Story ; and by his Excellencys
order he sent the Original in her Majestys Shipp the Ad-
vice, to the Hon**'^ Blathwaite, &c.

170G.] RECORDS OP COUNCIL. 473

Mr. Pciihallow answered, that pursuant to his Excellen-
cy's order in July last, he waited upon Mr. Addington,
Deputy Auditor in Boston, and had all his Accounts as
Treasurer of said Province allowed to that time, and that
he left Duplicates of all his Accounts with said Addington
in order to be sent for England, and that he took his oath
before his Excellency and Council to said Accounts.

Major Vaughan sayth, that wlicn the Earl of Bellomont
was Governour, he carried in his Accounts as Treasurer of
this Province to his Excellency and Council, and that the
same Avere by them allowed and approved of and filed in
the Secretarys' office [p. 156.] and that he hath never
been capable since that time to carry his said Account to
the Deputy Auditor in Boston ; and at this juncture of
time is very infirm and not able to travel.

Province of New Hampshire.

At a Council held at Portsmouth, on
Monday the 25*'' March, 1706.

Present.

The Honourable John Usher, Esq. Lieut. Govern'.

Robert Elliott, ) -^ George Jeffrey, )

Nath'^ Weare, \ ^^^^' Sam" Penhallow, [ Esqs.

John Plaisted, )

Lt. Gov^rs Speech to the Council.
Gentlemen —

When I was here last I told you I would have done any thing
that was for her Majcst3S service, and the good of this Province,
and that being now come by his Excellency's Command (tlie Snm-
mer season being' at band) to take care for the sei'vice of her Maj-
esty and the defence of this Province against the French and
Indian Enemy; I therefore desire you, Gentlemen of the Council,
to acquainte me with the full Circumstance of this Province, and
Consider what is most i)ropcr to be done for the good and safety
of the same.

474 PROVINCE OF NEW-HAMPSHIRE. [1706.

Ordered, that there be six Souldjers besides those two in
pay at Fort William and Mary, to be for employed in her Maj-
esty's service at the said Fort, during his Excellency's pleas-
ure, and the Honourable the Lieut. Governour's, to be kept
in her Majesty's pay. And that the said Souldjers have lib-
erty to find themselves provisions, which if they are not
willing to doe, that then the Capt. find the said Souldjers
provisions during their continuance in the said Fort, and
to be paid out of the Treasury, according to Establishment.

Adjourned till 10 o'clock, at Portsmouth, tomorrow
morning.

[p. 157.] Province of New Hampshire.

At a Council held at Portsmouth, by adjournm*,
on Tuesday, the 26"' March, 1706.

Present
The Hon^^'' John Usher. Esq. Lieut Governour.

Nath^ Weare, ) p Sam. Penhallow, ) p

George Jaffrey, ) ^ ' John Plaisted, ) ^

Ordered, that the General Assembly of this Province be
prorogued till the first Wednesday in May next, and that
the Secretary issue forth proclamations to the several towns
of this Province accordingly, And to give notice to the
Govern"" thereof.

Ordered, that the two Flankers at her Majestys Fort W""
and Mary, fronting towards the land, be fortified with plat-
forms, and that the powder House there be clapboarded,
and that there be a master workman Imprest for the doing
of the same, the souldjers belonging to the Fort assisting
him therein, and to be paid in course out of the next Prov-
ince Rate.

Ordered, that the Town of Dover pay James Ball four
pounds four shillings for his service as a Souldjer at her
Majestys Fort Wm. and Mary, from the 13"^ June 1705, to
the 20'^' Sept. 1705, there being a neglect of said Town in

170G.] RECORDS OF COUNCIL. 475

making an exchange of Souldjers every tenn days accord-
ing to order of Governonr and Conncil.

Ordered, that John Cross and James Phillipps, private
Sentinels at her Majcstys Fort Wm, and Mary, from the
17'" May 1703, to the 25"' March 1706, be allowed for such
their service seventy pounds five shillings ; each of them
having severally received thirteen pounds, soe there re-
mained due to each of them fifty seven pounds five shillings,
to be paid in course out of the Treasury and to have sev-
eral warrants signed for the same.

Francis Shallot t, his wages for his service at her Majes-
tys Fort W" and Mary, from the 5'^^ of November 1703, to
the 20'*' Xber 1705, amounting to fifty seven pounds six
shillings was allowed, of which he has received thirteen
jiounds, soe there remains due forty-four pounds six shill-
ings.

Ordered, to be paid in Course out of the Treasury.

William Thomas' wages for his service at [p. 158.] her
Majesty's Fort Wm. and Mary, from the 5"' November, 1703,
to the 31^' of May, 1705, amo. to forty one pounds sixteen
shillings, was allowed, of which he has rec'^ thirteen pounds,
soe there remains due to him twenty eight pounds sixteen shil-
lings ; and Ordered to be paid in course out of the Treasury.

John Cranch wages for his services at her Majestys Fort
Wm. and :Mary from the 31^' May 1705, to the 20'" of De-
cember 1705, am" to 15.£, 10s, Od, was allowed, and Or-
dered to 1)0 paid out of the Treasury.

Capt. Shadrach Walton his Salary as Commander and
Gunner of her Majestys Fort William and Mary, from the
21^^ of Novemljcr 1704, to the 25'" March 1706, amo* to
37"', 0,0, was allowed, and Ordered to be paid out of the
Treasury.

Ordered, that there be paid to the Treasurer for expenses
upon her Majestys Fort Wm. and Mary, and for dinner, &c.
for the Honourable the Lt. Governour and Council, four
pounds eighteen shillings out of the Treasury.

476 PKOVINCE OP NEW-HAMPSHIRE. [1706.

Ordered, that his Honour the Lieut). Governour, be al-
lowed four pounds for his riding expenses and disburse-
ments in coming into and going out of the Province for her
Majestys service, to be paid out of the Treasury.

[p. 159.] Province of New Hampshire.

At a Council held at Portsmouth, on Wednesday,

the eighth day of May, 1706.

Present.

The Honourable Major William Vaughan, Esq.

Peter Coffin, ) ^

George Jeffrey, ) "^ ' Sam. Penhallow, Esq.

His Excellency's Letter of the sixth of May instant was
communicated to this Board setting forth that Capt. Strick-
ley [?] was arrived from Barbadoes and acquainted that the
French Fleet were increased to 14 men of Warr, 40 Pri-
vateers, six thousand land men, and were like to carry all
before them, if not diverted by a Fleet from England. His
Excellency also directs that the Sheriffe and other officers
take exact accounts of all merchants powder in the Prov-
ince, and commands that none be sold or sent out of the
Province upon any pretence.

Ordered, that Mr. Secretary issue forth warrants to the
Sheriffe to search into all houses, ware-houses or elsewhere
in this Province ; and take an account of the quantity of
powder in each persons custody, and return an account to
the Secretary of the same, in order for the Secretary to
write his Excellency thereof.

Ordered, that the Secretary write to the Selectmen of
each Town of this Province that the stock of Provisions for
scouting be deposited in the hands of the several Captains
in the several towns, to be drawn proportionably to the
men Commanded out of the several towns, by Lieut. Col-
onel Hilton.

1706.] RECORDS OF COUNCIL. 477

[p. 160.] Province of New Hampshire.

At a Council held at Portsmouth,

the 14"' day of May, 1700.

Present.

Major William Vaughan, Es(i.

Peter CofTin, ) -r;, George Jaflroy, )

Robert Elliott, \ ^^^^' Saml. Penhallow, [ Esqs.

Henry Dow, )

His Excellency the Governours Letter dated the 10^'' in-
stant, relating to news from the "West Indies about the
French Fleet, and about tenn men more to be posted at
her Majestys Fort Wm. and Mary, at New Castle, for a
steady watch <tc. and that Colonel Packers House in Ports-
mouth be forthwith fortified in good form, to receive the
women and children, &c. was communicated at this Board.

Ordered, that the Treasurer forthwith provide provisions
for the tenn souldjers last Imprest for her Majestys service
at her Majesty's Fort William and Mary.

As to the fortifying Colonel Packers house, the Gentle-
men of the Council was pleased to inquire of the Secretary
whether there was not some former order of Council relat-
ing thereto ; and upon searching the Council Book, found
there was an order of Council of the 20*'' of September last,
for fortifying the said Colonel Packers house.

Ordered, that Mr. Secretary send a copy of the said
order of Council to his Excellency, that his further pleasure
may be known therein.

Capt. Walton brought in an Acco* of what Stores were
wanting at her Majesty's Fort Wm. and Mary, at New
Castle, as on file.

Ordered, that Mr. Elliott and Mr. Treasurer be desired
to see what Stores of powder, Shott and other materials are
at the Fort Wm. and Mary, at New Castle, and to make
report at the next sitting of the Council.

478 PEOVINCE OF NEW-HAMPSHIRE. [1706.

[p. 161.] Province of New Hampshire.

At a Council held at Portsmouth, on
Thursday, the 23" May, 1706.
Present.
The Honourable Major Wm. Taughan, Esq.

George Jaffrey, ]
Saml. Penhallow, > Esqs.
John Plaisted, )

His Excellency the Governors Letter, dated Boston, 20'*'
May 1706, was read at this Board, signifying that Capt.
Redknapp had attended his Excellency with papers, refer-
ing to the fortifying Colonel Packers house, and that he
had sent the same to the Secretary to be communicated to
the Council, and then to be delivered to Capt. Phipps &c.
(as on file) which papers were accordingly Communicated
at this Board.

Province of New' Hampshire.

At a Council held at Portsmouth on
Monday, the 17"' June, 1706.
Present.
The Hon^"= Major Vaughan.
Nath. Weare, Esq. George Jaffrey, Esq.

His Excellency's Letter of the 10"' June, 1706, relating
to Lt. Colonel Hiltons incapacity of Scouting for want of
provisions, and that there was not tenn soldiers sent to the
Fort according to his Excellency's orders, and relating to
Col. Packers house &c. was communicated at this Board.

Ordered, that in case the Select men of Hampton and
Exeter have not their stock of provisions for scouting ready
in four days time, from the date hereof, to be delivered to
the Capts. of the several Towns when called for, that they
may be sent for to the next Council Board in order to be
proceeded against as they shall deserve.

170G.] RECORDS OF COUNCIL. 479

Ordered, that Major Walton be wrote to by the Secretary
to attend next Council day and then give an account of
what Souhljcrs is wanting at the Fort which have not l)cen
sent by the Captains, according to Lt. Colonel liiltons
order.

Ordered that the Secretary signify to the Captain of the
Militia at Portsm" his Excellencys pleasure about fortifying
Colonel Packers house.

[p. 162.] Province of New Hampshire.

At a Council held at Portsmouth, on
Monday, the 8"' of July, ITOG.
Present.
The Hon"^^^ Major Wm. Vaughan, Esq.

George Jaffrey, ^
Saml Penhallow, > Esqs.
John Plaisted, )

His Excellency's Letter, dated Boston, 7"' July, 1706,
signifying that the enemy were designed for Piscataqua,
and that we might expect them every hour, ordering that
all people go to Garrison at their utmost peril, and that
one half of the Militia at least be in readiness to march in
a minutes warning, &c. was read at this Board.

Ordered that Mr. Secretary write to the several Captains
of this Province to command all people to Garrison at their
utmost peril, and every Captain have the one half of their
Companies in readiness for a march upon a minutes warn-
ing.

480 PROVINCE OP NEW-HAMPSHIRE. [1706.

[p. 163.] Province of New Hampshire.

At a Council held at Portsmouth, on
Tuesday the 9"^ July, 1706.
Present.
The Honourable Major Wm. Yaughan Esq.
George Jaffrey, \ ^^^^^

Saml. Penhallow,

Whereas there is certain intelligence that the enemy is
near upon us in a great body, and there being orders for
the marching out of sixty men in pursuit of the enemy,
and provisions being wanting for the fitting out of the said
sixty men ; —

Ordered that Mr. Secretary immediately send out his
warrant for the Impressing of two Barrels of pork, and
one hogshead of Biskett, for supplying of the said sixty men.
And that the officer have power to search all houses or
ware houses within this Town for the finding of the same ;
and also to impress three men and a boat to carry the said
provisions to Lieut. Col. Hiltons.

Ordered, that the Secretary summons the Select men of
Hampton to appear before the Council to-morrow by tenn
of the clock in the forenoon, to answer to the complaint of
Lt. Col. Hilton in not having their Town Stock of provis-
ions ready to supply the souldjers of the town in Scouting,
&c.

Ordered that the Secretary write to Major Smith and
Major Walton that they keep a constant walking scout at
Sandy Beach as formerly.

170G.] RECORDS OF COUNCIL. 481

[p. 1G4.] Province of New Hampshire.

At a Council held at PortsmouUi, on
AVednesday, the 10'" of July, ITOG.
Present.
The Honourable Major Wm. Vaughan Esq.

Robert Elliott, ) -p , Saml. Penhallow, ) -p ,

George Jatfrey, ] ' ^ ' Henry Dow, \ ' ^"

Pursuant to his Exccllencys Letter of the 7"' of July in-
stant, 10 of the clock ante meridiem.

Ordered that the Selectmen of the town of Hampton do
forthwith send a Barrel of pork to Lt. Col. Hilton's house,
out of their Town Stock of provisions for scouting ; as he
shall see meet, and that the Secretary issue forth his warr'
to the Selectmen accordingly.

[p. 165.] Province of New Hampshire.

At a Council held at New Castle, on
Tuesday, the 16'" July, 1706.
Present.
The Hon''"" John Usher, Esq. Lieut. Govern'".

Major Wm. Yaughan, George Jeffrey, ) ^
Robert Elliott, Saml. Penhallow, j ^^^^•

The Honourable the Lt. Govern'' was pleased to acquaint
the Gentlemen of the Council, that according to his Exccl-
lencys' the Governors directions, he was come to this Prov-
ince for her Majestys service and defence of the same ; and
the Assembly to set to-morrow, he desires that this Board
would be pleased to let him know the state and condition
of this Province now lies, that he may thereby be enabled
to discourse the Assembly at their sitting relating to the
preservation and defence of the Province against the
French and Indian Enemy.

Lt. Col. Hilton appeared at this Board, and being desired
31

482 PROVINCE OF NEW-HAMPSHIRE. [1706.

hj the Lt. Goveriiour to give an account to tins Board re-
lating to the state of the Province and about the Enemy,
&c.

Answered, That the Garrisons were all in good order
and as to the little Scout, alias Province Scout, he was
forced to leave it off, there being eight of the souldjers
from Hampton, and the town of Hampton had no provis-
ions for them as the law directs. And as to the sixty four
men which he lately marched in pursuit of the Enemy,
they are now disbanded by reason he could have no provis-
ions for them, without which he is not capable to goe any
more in pursuit of the Enemy.

[p. 166.] Province of New Hampshire.

At a Council held at Portsmouth, on
Saturday, the 20"^ July, 1706.
Present.
The Hon^'*^ John Usher, Esq. Lieut. Governour.

Major Wm. Yaughan, ) ^ John Plaisted, ) ^

*Gi3orge Jaffrey, ) ^ ' Saml. Penhallow, jj ^ '

Henry Dow, Esq.

Ordered that the Treasurer supply Lieut. Colonel Hilton
from time to time, with such quantities of provisions, am-
munition, &c., as he shall have occasion for in marching
with any forces against the Enemy ; and that the same be
paid for out of the 100^ Act, Entitled an Act for supply
of the forces with provisions to march against the Enemy.

Ordered, that the Hon^'*' the Lieutenant Governor, have
four pounds paid him out of the Treasury, for his expense
an,d charges in coming into this Province for her Majestys
service.

1706.] RECORDS OP COUNCIL. 483

[p. IGT.] Province of New Hampshire.

At a Council held at Portsmouth, by adj*,
on Monday, the 29'" July, 170G.
Present.
His Excellency Joseph Dudley, Esq. Govcrnour.

Major Wm. Vaughan, \

Robert Elliott, > Esqs. Saml. Pcnhallow, ) ^

George Jeffrey, ) John Plaistcd, ) ^

The Governor acquainted the Council that he had a very
ill account of Mr. Richard Gummcr, one of the Justices of
the peace of the Isle of Shoals, referring to his intcm})er-
ance and quarrelsome temper and that he had thereupon
thought fitt to remove him from the said office : which he
directed the Secretary to give him notice of by a Letter in
his name.

The Treasurer's Account was delivered into this Board
for the year 1706.

The return of the Committee appointed to audit the
Treasurer's Accounts were delivered into this Board

In hacc verba sequen :

Province of New Hampshire, July 29"' 1706.

Wee, under written, being by his Excellency the Gov-
ernor in Council appointed to examine Mr. Treasurer Pen-
hallow his account of publick payments, made since the
first of December, 1705, and do find proper Vouchers for
all excepting three articles, viz :
For loss of money in payment of his Excellcncys salary at

17s : weight for Qs. 7: 18: 0

For his care and trouble in receiving, £923: 17: 2, 23: 1: 0
For his care and trouble in paying 889: 7: 9, 22: 4: 9

Geo. Jaffrey.
Jno. Plaisted.

This return of the Committee was read in Council and
accepted, and the mony charged for Exchange, and Com-
mission of five P. cent, for receipt and payment allowed,

484 PROVINCE OF NEW-HAMPSHIRE. [1706.

and the Governoiir desired to signe warrants for the three
several sums accordingly, with a Debenter for the Balance
of teiin pounds, seventeen sliillings and two pence, 29'^
July, 1706.

[p. 168.] Upon consideration of a minute of Council
made the 17"" of July, 1706, referring to Mr. Atkinson's
Debenter for 27^'' which was then allowed :

Ordered, That a warrant be given him for payment of
the said sum, out of a Tax to be raised for the payment of
those debts relating to Reforming the Fort. And that an
addition of three pounds, upon his prayer by petition this
day read in Council, be also allowed and put in his said
warrant, which is in full of all those accounts ; and for an
hhd. of Bread lost in the River.

Province of New Hampshire.

[p. 169.] At a Council held at Portsmouth, on

Monday, the 29''" of July, 1706.

Present.

His Excellency Joseph Dudley, Esq. Govern^

Major Wm. Vaughan, ) ^aml. Penhallow, ^

Robert Elliott, > Esqs. John Plaisted, \ Esqs.

George Jaffrey, ) Henry Dow, )

AVhereas there is a Warrant given to Mr. Thomas Packer
for 10'^', 2% 9'\ being the proportion of this Province for
entertaining his Excellency in May 1705, out of which sev-
eral persons are to be paid several sums :

Ordered, That the Treasurer, when the said Packer
comes to demand the 10^", 2% 9'\ take care that the said
several sums belonging to the several persons be first de-
ducted out of the said 10"', 2% 9'' ; and by the Treasurer
paid them accordingly, being for Hay, Graine, &c.

Mr. Samuel Penhallow, Treasurer, his acct. amo* to 56'",
10% 3^, billetting souldjers and other expenses ; Allowed
and ordered to be paid in course out of the 700^" Rate.

170G.] RECORDS OF COUNCIL. 485

Mrs. Ilarvye's Dcbeiitcr ainouiiting to 40.£ for outer-
tainiug his Excellency in December last, was allowed and
ordered to be paid in course out of the Treasury.

Mr. George Jaffrey, and Mr. John Plaisted are ajjpointed
as a committee to Audit the Treasurer's accounts and make
report to tliis Board.

Elisha Bryer his Debenter amounting to twenty one days
attendance upon the Council, — Ordered, that he be i)aid in
course out of the Treasury.

Richard Jose, Esq. High Shcriffe his Delienter amount-
ing to 9'", 9% 0'', for his attendance upon his Excellency,
and Council, was allowed and ordered to be paid in course
out of the Treasury.

[p. 170.] Province of New Hampshire.

At a Council held at Portsmouth, on
Tuesday, the SO*"^ of July, 1706.
Present.
His Excellency Joseph Dudley, Esq. Governonr, &c.

Major Wm. Vaughan, ) Saml. Penhallow, ) -p

Robert Elliott, [ Esqs. John Plaisted, \ -'^^'^^•

George Jatfrey, )

Whereas there is an Action depending to be tried before
the Governour and Council, between John Ring, Appellant,
and Josiah Dow, Appellee, about the title of a Marsh lying
upon Hampton River in the town of Hampton ; and the
warr pressing so hard upon us that the trial hath been adj'^
from time to time, and as yet is further adj*^ :

Ordered, That whereas the said Josiah Dow is actually
in possession of the said ]\[arsh, and recovered Judgment
for the same, at her Majesty's Superior Court of Judicature
in the said Province, that he be not molested by any per-
son whatsoever, from mowing the grass upon the said
Marsh, and carrying the same away, and in making such
further Improvements thereof, as he shall see meet, till a

486 PROVINCE OF NEW-HAMPSHIRE. [1706.

final definition l^e made in the said cause. And tliat the
Secretary send a Copy of this order of Council to the Appel-
lant or Ids Attorney.

Mrs. Elisabeth Harvye, her Debenter for Dieting and
Lodging four souldjers from the 25"* August, 1703, to the
8"^ of October then following, he allowed three pounds, fif-
teen shillings, and to be paid in course out of the Treasury.

It was ordered in Council, that unless Colonel Thomas
Packer accepted of the terms offered him by the Treasurer,
about the two rooms for the Council and Assembly and the
Courts, that the Treasurer speak to Mrs. Harvye for two
rooms in her house for the Council and Assembly to sit in ;
and that the Courts be held at the Meeting House.

The Governour directed the Gentlemen of the Council,
upon the arrival of her Majesty's Frigott, the Dover, to
send a copy of this minute to Major Walton, Commander
[p. 171.] of the Fort at New Castle, that he dismiss two
of the eight men resident at the Fort, — six being sufficient
for a watcli when so good force is in the River.

There having been Circular letters to the Selectmen of
every town in the Province to raise provisions after the
Rate of tenn pounds for every hundred men forthwith for
the Service, it is now Directed that upon receipt of Letters
from the Selectmen that the provisions are raised accord-
ing to the said order, that the Council in the absence of
the Governour do from time to time dispose the said pro-
visions to be expended by the general Scout under the
command of Colonel Hilton, in assistance of the service,
till the same be expended ; and the Towns severally there-
by brought to a just equal expence, when the Towns may
return to their former methods of supply, according to the
Act of Assembly in that case provided.

Ordered, That whereas the Court of Appeals, consisting
of the Governour and Council, is adjourned till the first
Wednesday in August next, that the said Court be further
adj'S till Wednesday, the 25"^ Sepf, 1706.

I'OG.] RECORDS OP COUNCIL. 487

[p. 172.] Province of New Hampshire,

At a Council lield at Portsmouth, on
Thursday, the 25^'' September, 170G.
Present.
Major William Vaughan, Esq.

Gcorg-c Jaffrey, } ^
John Plaisted, J ^

Pursuant to his Excell^ the Govern" Letter of the 24*''
instant, Ordered, That a Thanksgiving day be kept on
Thursday, the 17^*^ of October next, throughout this Prov-
ince, for Almighty God His gracious protection and assist-
ance of her sacred Majesty, in the just Warr in wliich her
Majesty is now engaged, and for the good conduct and
courage wherewith her Majesty's Arms, in conjunction with
her Allies, have been inspired to the obtaining of so many
wonderful and glorious victories over their proud insulting
enemies, thereby disappointing their boundless ambition :
As alsoe for the defence vouchsafed to these her IMajcsty's
plantations against the attacks of the French, who this
present Summer have made their impressions upon some
of her Majesty's Islands ; for defeating the designs and at-
tempts of the barbarous Indian Enemy and Rebels, and so
far preventing of their outrages ; for the plentiful Harvest
after the immoderate rains, and excessive floods in the be-
ginning of the Summer ; for the great measure of Health ;
the return of many of our Prisoners from the French and
Indian hands, and for other great and public blessings &c.
And that all servile labor be forbid on that day : And that
the Secretary issue forth proclamations accordingly.

488 PROVINCE. OF NEW-HAMPSHIRE. [1706.

Province of New Hampshire.

At a Council held at Portsmouth, on
Thursday, the 10"' of October, 1706.
The Hon'"'^ John Usher, Esq, Lt. Govern^
Major Wm. Yaughan Esq.")
George Jaffrey, K^sas

Saral, Penhallow, ( ^ '■"

John Plaisted, J

The Council, having discoursed Colonel Thomas Packer
for two rooms, one to hold the Courts in and Assembly to
sit ; the other for the Govern'' and Council to meet in — It
was agreed, that the said Packer have 8"' a year for the
said rooms ; the rent to commence from the 25"' July,
1706 : the said Packer to find Chairs, Tables, (fee.

The Court of Appeals adj. till 10 a clock in the forenoon

Thursday next.

John Usher.

[p. 173.] Province of New Hampshire.

At a Council held at Portsm" the
19'" day of October, 1706.
Present.
His Excellency Joseph Dudley, Esq. Govern', <fec.

Robert Elliott, ) Samuel Penhallow, )

George Jaffrey, > Esqs. John Plaisted, > Esqs.

Peter Coffin, ) Henry Dow, )

The Muster Roll in two sheets, amounting to 175 : 1 : 0,
is allowed and ordered to be paid to Colonel Hilton for
himself and the Exeter men ; To Captain Dow on behalf
of the Hampton men ; To Capt. Phipps, on behalf of the
Portsmouth men ; To Capt. Tuttle, on behalf of the Dover
men ; and for the saving charges of travel and transporta-
tion, the Treasurer is ordered to give an order upon the
Constables for the whole sum, with a List of the names of
the souldjers and their several sums, that the Capt^ sever-
ally may make just payment thereof.

170G.] RECORDS OF COUNCIL. 489

Saml. Penliallow, Esq. Treasurer, his Debentcr amount-
ing to 14 ; 14 : 0 for victualling soukljers at the Fort. Wm.
and ^[ary, was allowed and ordered to be paid out of the
700'" Rate.

Adjourned till the 21^' instant, 10 of the clock, ante
meridiem.

Province of New Hampshire.

[p. 174.] At a Council held at Portsmouth, by

adjS the 31^' October, 1706.
Present.
His Excellency, the Govern^

Peter Coffin, ) y Saml. Penhallow, ^

George Jaffrey, ) ^ ' John Plaisted, > Esqs.

Henry Dow, )

Ordered, That in case of badness of weather or of sick-
ness, &c. whereby the Judges of the Inferiour and Supe-
riour Courts may be hindered for travelling or otherwise
obstructed, to be at the Courts at the time of their sitting
by Law ; that it shall be in the power of one of the Judges
and the Clerk of each several Court, to adjourn each Court
from time to time as they shall see meet.

^Yhereas Capt. John Pickerin and Mr, Wm. Cotton, a
Committee appointed at the last General Assembly to Audit
and inspect the Account about Reforming her Majesty's
Fort, being sent for to this Board to give in the said Ac-
count, answered that they wanted farther time to Audit the
same.

Ordered, that the said Committee make y'' Report of the
said Accts. at the sitting of the next General Assembly of
this Province.

Samuel Penhallow, Esq. his Debenter, amounting to
three pounds, fourteen shillings and three pence, for neces-
sarys for her Majesty's Fort. Wm. and Mary, allowed and
ordered to be paid out of the 700^** Rate.

490 PROVINCE OF NEW-HAMPSHIRE. [1706.

Upon a hearing of the Widow Rose and the Trustees to
the feoffment made by Eoger Rose ; —

Ordered, that the Will be proved, and Administration
granted to the Widow, she giving bond, &c. : And tliat
the feoffers pay out of the mony twenty pounds per annum,
for her maintenance, and give account thereof from time
to time before the Governor and Council, that there be no
further complaint.

[p. 175.] Upon complaint of the Insufficiency of the
Prison, Capt. Pickerin and Capt. William Cotton are ap-
pointed a Committee to repair the prison ; to set a good
board fence about it, and the Treasurer is directed forth-
with to advance the mony necessary soe as to finish the
work in twenty days, if possible, to be paid out of the pres-
ent rate ; and the Sheriffe is directed to put in a Prison
Keeper that may always dwell in the House, to answer the
escape of prisoners ; who is recommended to the next Ses-
sion of the Assembly to have a Salary for his service.

Major Vaughan is desired to inspect and be present at
the repairing of the prison, and forward the same, and be
at the agreement of the Prison-Keeper, and to report the
same at the next General Assembly.

[p. 17 6. J Province of New Hampshire.

At a Council held at Portsmouth on
Tuesday, the 22*^ of October, 1706.
Present.
His Excellency the Governour.

Major Wm. Yaughan, ) ^ George Jaffrey, \ -^

Peter Colhn, \ ^^^^' Saml. Penhallow, j ^^^^•

Whereas it appears that Ephraim Eaton has paid the
Tax for this present year 1706, to the Constable of Sals-
bury, and is now taken in distress for a Tax by the Consta-
ble of Hampton for the same year, both including his poll,

1700.] RECORDS OP COUNCIL. 491

which is contrary to Law ; and when there is a Committee
of hotli Provinces to run the Line, — to take away tliis and
several other complaints of the like Nature: —

Ordered, That the Constables of Hampton dismiss Eph-
raim Eaton upon his Parole, to attend him again immedi-
ately after the running of the said Lines, if so it shall
happen that his house and lands fall within this Province.

Ordered, that Nicholas Gilman of Exeter be appointed
as one of the Committee, in loco Mr. Nathan" Wearc, about
running the Bounds between the Massachusetts Govern-
ment and this Province.

[p. 177.] Province of New Hampshire.

At a Council held at Portsmouth, on
I Tuesday, the 19"^ December, 1706.
Present.
Major William Vaughan.
George Jaffrey, Esq. Samuel Penhallow, Esq.

His Excellencys Letter dated Boston the 10"' Xber,
1706, relating to the preparing forty souldjers to march
with others to Norridgawack, and to be fitted with ammu-
nition. Snow-shoes, provisions, &c. for thirty six days, and
Mr. Waldron be desired to assist therein, etc, was read at
this Board.

Ordered that the Secretary write to all the Council to
meet on Saturday next, 12 of the clock, at noon, and to
write to Lieut. Col. Hilton to be present at that time.

Province of New Hampshire.
At a Council held at Portsmouth, on Sat-
urday, the 21st December, 1706.
Present.
Major Wm. Vaughan,
George Jaffrey, Saml. Penhallow, Esqs.

492 PEOYINCE OF NEW-HAMPSHIRE. [1706.

Pursuant to an order of Council of the 19*^ instant,
Lieut. Col. Hilton, being sent for to appear this da_Y at the
Board accordingly came, and two letters from his Excel-
lency directed to the said Lt. Colonel Hilton, one bearing
date the 9"' instant and the other the 16"\ were read at
this Board ; both which Letters related to the obtaining of
forty volunteers in this Province, to join with two hundred
of the Massachusetts, and to be commanded by the said
Colonel Hilton, &c. to march upon an expedition to the
Eastward ag^' the common Enemy.*

* Letter from Gov. Dudley to Col. IliUon.
[Farm, and Moore's Hist. Coll. Vol. I. p. 268.]

" Boston, December 9th, 1706.
Dear Sir—

I have determined to visit Noridgwock the 10th of January next, and .iccordingly
am raising in this Province two hundred men to be commanded by Col. Martch, if his
health will permit, whom alone I have acquainted besides yourself of my intention —
therefore desire it to be secret — and must expect forty men of your Province, which I
would have volunteers, otherwise they must be drawn men to be commanded by some
very good officer ; and if Col. Martch fail me, I must expect your service to command
the whole party.

The men must be well fixed, cloathed and shod with snow shoes in good order.
Communicate this order to the Gentlemen of her Majesty's Council as soon as may be.
Atteml them yourself to concert the matter, that they may provide victuals and blan-
kets if need be. Our last departure will be from Casco Bay. Desire the Gentlemen
of the Council to keep it secret, lest the noise of it get in the woods.

I am yr affectionate uncle

J. Dudley.

To the Hon. Lt. Col. Hilton."

Note. The Letter of the 16th is not found. But on the 19th of December the Gov-
ernor wrote to Col. Hilton, that Col. March would not probably be able to take the
command, and oti'ered it to him. On the 15th of January, 1707, Col Hilton received a
Commission from Gov. Dudley as " Chief Commander of the new raysed forces, within
" the Provinces of the Massachusetts Bay and New Hampshire, for her Ma'ty's ser-
" vice, in an expedition to Noridgwock & other Eastern parts against tl.e French and
" Indian enemy ami Rebels; and Captain of the Company raissed for that service in
" the Province of New Hampshire."

"This expedition was short, but considerably successful. On the 20th of January,
they surprised four Indians, whom they killed, and one squaw whom they took. From
her, they endeavored to obtain information relative to the Indians haunts in the
neighborhood, and at last succeeded ; but not till she had obtained from the Colonel a
solemn promise that he would take her home with him, and never deliver her up to
the Indians, but protect her against them. She then led them to a neck of land,
where they found eighteen Indians asleep; seventeen of whom were killed, and the
other was taken prisoner. This happened at break of day on the 21st of January, and
in the morning of the same day, the story of the oxjiloit was told at Portsmouth, a dis-
tance of sixty miles from the scene of action ! The ])oor squaw, who. to save her own
life, thus saoriticed the lives of her countrymen, found the ' white chief ' true to his
promise; and she lived in his family till her death."

1707.] RECORDS OF COUNCIL. 493

The Gentlemen of the Council having discoursed the
said Lieut. Colonel Hilton about what might be wanting
towards furnishing the said volunteers, he acijuainted this
Board that as to Snow-shoes and Mogasheens, there were
enough ; and l>y the advice of this Board, the said Lieut.
Colonel Hilton did say he would goe to Boston, and dis-
course his Excellency fully relating to the said march.

Ordered, that Lieut. Colonel Hilton be paid forty sliil-
lings out of the Treasury for his riding Charges to Boston,
to discourse his Excellency in the above affair, and that
the Treasurer be desired to advance the same.

[r. 179.] Province of New Hampshire.

At a Council held at Portsmouth, on Sat-
urday, the fourth day of January, 1706-7.
Present.

Mnjor Wm. Vaughan, ) ^ Saml Penhallow, } -p

George Jalfrey, ] ^^^^' John Plaisted, ( ^^^^•

Mr. Sampson Sheafe, her Majesty's Deputy Collector for
this Province, appeared at this Board and informed the
Council that he had ordered some men on Board of a
French Sloop that was come into this Harbor, from Port
Royal, Lovis Aubert du Florelle, Master, least he might
have French goods on board in order to trade with ; and
the said Mr. Sheafe desired that the said Master might be
examined relating to what goods he had on Board, and
from whence he came, &c.

The said Master of the Sloop produced his pass-port,
dated the 15 December, 1706 at Port Royal ; as alsoe a
List of the Names of the English Prisoners he brought
from thence, and alsoe shewed his Orders and Instructions
by which he was to deliver all his Cargo to his Excellency,
Joseph Dudley, Esq. Governour, &c, and to noe other, for
and towards the payment of the French prisoners debts,

494 PROVINCE OF NEW-HAMPSHIRE. [1707.

who were lately sent to Port Royal from Boston, by way
of Exchange, &c.

The Council understanding the said Sloop to be a Flag
of Truce, and by the said Master's Instructions that he was
to deliver all his Cargo to his Excellency, as above said,

Ordered, that he be admitted to proceed on his voyage
to Boston, first giving an account to the Collector of all his
Cargo, &c.

[p. 180.] Province of New Hampshire.

At a Council held at Portsmouth, on
Thursday, the 9"> of January, 1707.
Present.
Major William Yaughan.
George Jaffrey, Esq. Samuel Penhallow, Esq.
George Jaffrey, Esq. acquainted this Board that he had
occasion to Register a Brigantine called the Dove, Richard
Waterhouse, Master ; and the Governour and Lieut. Gov-
ernour being absent, desired that his oath might be taken
to the said Register, and that they would please to order
the Secretary to subscribe his name as an Attest of the
Governour and Lt. Governour's absence, to said Reg'".

George Jaffrey, Esq. having taken the usual Oath to the
truth of the Register for the Brigantine Dove aforesaid,
burthen of sixty Tons, or thereabouts, built at Kittery in
the Massachusetts Government ; and having also sworne to
the same before the Deputy Collector of this Province ; —

Ordered, that the Secretary sign the said Register, in
haee verba sequen : " The Governor and Lt. Governor being
absent and out of the Province."

By order of Council.

Chas. Story, Secretary.

1707.] RECORDS OF COUNCIL. 405

[p. 181.] Province of New Hampshire.

At a Council held at Portsmouth, on ^londay,
the 13"' day of Januaiy, 170G.
Present.

Major "William Vanghan, ^
Sanmel Pcnhallow, > Esqs.

John Plaistcd, )

Ordered, that there be a Shallop forthwith imprest with
three men in order to transport tlie Stores and provisions
for Col. Hilton and Souldjers to Casco Fort, upon an Expe-
dition to the Eastward against the common Enemy ; and
that the said Shallopp be brought to Mr. Treasurers' Wharf,
to take in the said Stores and provisions ; and that the
Secretary send out his warrant directed to James Levitt,
Constable, to Impress the same, and to sail with the said
Shallopp to Casco, and land the said stores at Casco Fort.

[p. .182.] Province of New Hampshire.

At a Council held at Portsmouth, on
Monday, the 27"' January, 1706.
Present.
Major William Yaughan.

Peter Coffin, ] ^ Saml. Penhallow, ) ^

Robert Elliott, \ ^^^^- Henry Dow, j ^^'^^•

His Excellency's letter of the 22'^ January 1706, was
Communicated to this Board, setting forth that Major
Smith would give notice to the Council of orders which he
had rec'd from his Excellency, in expectation of a consid-
erable body of the Enemy which was marched upon us ;
and that every body be in strict Garrison, and that a Scout
be presently sent out under Capt. Davis or some other good
Officer, &c.

The several Captains of the jSIilitia of each Town of this
Province being sent for to this Board, all appeared in order

496 PROVINCE OP NEW-HAMPSHIRE. [1707.

to consult of proper mctliods relating to the security of her
Majestie's Subjects against the French and Indian Enemy.

Whereas this Board is informed, that notwithstanding
the Enemy is out in a vast body, yet several persons are
daily out with several teams of Oxen some miles in the
woods, upon the Frontiers, whereby they lye themselves
exposed to the danger of the Enemy, and the Enemy may
thereby be furnished with provisions, &c.

Ordered, That the several Captains of the Militia of the
Frontier Towns call in all the said Teams, and suffer none
to goe into the woods during the space of twenty days,
upon their utmost peril ; and that the Secretary issue forth
orders to the several Captains accordingly.

Ordered, that Capt. James Davis command five men with
sufiieient arms and ammunition and snow-shoes, as a Scout,
to range the woods betwixt Salmon Falls and Kingston, or
elsewhere at the heads of the Towns, for the best discov-
ery of the Enemy ; [p. 183.] according to his discretion,
and he is hereby Impowered to impress the said five men if
he has occasion, out of any of the Companies of Militia in
ys Pi-ovince, and he is to continue the said Scout from time
to time till further order, and that the Secretary issue forth
his warrant accordingly.

Ordered, that Mr. Treasurer find the said Capt. Davis
and five men as a Scout, from time to time, with all pro-
visions, till further order, and that the same be paid out of
the Treasury.

[p. 184.] Province of New Hampshire.

At a Council held at Portsmouth, on
Monday, the 17* of February, 1706.
Present.

Peter Coffin, ) -c^ Saml. Penhallow

' ^ Esqs

Robert Elliott, j ^ John Plaisted, [ Esqs.

Henry Dow, )

1707.] RECORDS OF COUNCIL. 497

His Excellency's Letter of the 10'" of Fcl)niary, lTOG-7,
relating to proroguing the Assembly to the 26"> March next»
was read at this Board.

Ordered, that the said Assembly be accordingly prorogued,
and that the Secretary write to the members of the Assem-
bly to give them notice accordingly.

Pursuant to his Excellency's Letter of the 13'" instant,
relating to Colonel Hilton's march to the Eastward :

Ordered that the Treasurer provide and furnish Colonel
Hilton and thirty soldiers with provisions and ammunition
for forty two days, according to Esta])lishmcnt proper for
an Expedition to the Eastward against the French and
Indian Enemy ; and what apparel the souljers may be fur-
nished with, the value thereof is to be deducted out of
their pay.

Ordered that John Abbott with his Shallopp be forthwith
imprest, and two able men, to attend Colonel Hilton and
his orders upon an Expedition to the Eastward against the
French and Indian enemy, and that the Secretary issue
forthe his Warrant directed to James Levitt, Constable,
accordingly.

Province of New Hampshire.

At a Council held at Portsmouth, on

Thursday, the 27'" March, 1707.

Present.

Major Wm. Vaughan, ^ Saml Penhallow, ^

Robert Elliott, [ Esqs. John Plaisted, > Esqs.

John Gerrish, ) Henry Dow, )

His Excellency's Letter, dated Boston, 17'" 170(), was

communicated to this Board relating to an Expedition to

the Eastward &c. ag*' the common Enemy ; and that victuals

ammunition, &c. should be in readiness against the middle

of April next, and that ten barr"^ of powder 1)0 provided,

if soe much thereof as is in the Province Store, &c. ; the
•62

498 PUOYINCE OF NEW-HAMPSHIRE. [1707.

rest to be immediately by warrant taken into the publick
store out of the merchants and inhabitants hands whereso-
ever ; and that warrants be given out to the Sheriffe ac-
cordingly.

The Treasurer being asked what money or provisions was
in the Treasury and what powder were in the stores, he
answered, that pursuant to warrants signed by his Excel-
lency, and the late Expedition of Col. Hilton and souldjers,
the mony and provisions were all exhausted, and gone out
of the Treasury ; and what powder were paid him for
Shipping, according to Law, he had delivered the same to
Major Walton, Command'' of her Majesty's Fort.

Ordered that the Secretary issue forth a special warrant
to the Sheriffe for the impressing tenn barrels of powder
for her Majestys Service, out of the Merchants and Inhabi-
tants hands of this Province, or soe many Barrels of pow-
der as the Sheriffe may find ; and that the Sheriffe give a
receipt to all persons from whom he shall impress such
powder, according to the quantity of powder so impressed.

Ordered that Robert Ellott and Saml. Penhallow Esq.
be a Committee to inspect into the publick stores of her
Majestys Fort AYm. and Mary, and make their Report to
this Board at their next sitting.

Wm. Vaughan.

[p. 155.] Province of New Hampshire.

At a Council held at Portsmouth, the
13*^ March, 1707.
Present.
Major "William Vaughan,
Samuel Penhallow,
John riaisted.

Ordered that John Abbott with his Shallop, and two men

1707.] RECORDS OF COUNCIL. 409

lately Iini)rcst to attend Col. Hilton uj)<)n an Expedition to
the Eastward, be from this day dismissed out of her
Majesty's service, there being no furtlicr occasion at present
for said men or Shallopp.

Ordered that Capt. James Davis discharge the small
Scout made his Conunand until further order, and that the
Secretary write him accordingly.

Province of New Hampshire.

At a Council held at Portsmouth, on Wednesday,
the 9"* April 1707, — ante Meridiem.

Present.
His Excellency Joseph Dudley, Gov^

Major Vaughan, } ^ Saml Penhallow, ) j^

John Gerrish, | ^' ' John Plaisted, ) ^ *

Capt. James Davis Account about a Scout, by virtue of
his Excell warr"* dated 22'' October, 1706, To concert a
march after the Enemy, am° to five pounds, three shil-
ings, was allowed in Council and ordered to be paid in
course out of the Treasury.

Capt. James Davis, his account about a Scout in January
last, (by order of Council) amounting to fifteen pounds,
three shillings and six pence, was allowed and ordered to
be paid in course out of the Treasury.

[p. 186.] Province of New Hampshire.

At a Council held at Portsmouth, on Wednesday,
the 9'^ April, 1707, post meridiem.
Present.
His Excellency the Govern'',

Major Vaughan,
John Gerrish, i ^
Saml. Penhallow, ^^^^®*
John Plaisted,

500 PROVINCE OF NEW-HAMPSHIRE. [1707.

The Will of John Hird, of Cochecha in the Township of
Dover in the Province of New Hampshire, dated the sec-
ond day of April, 1687, (as upon file,) was offered to this
Board to be proved, approved, and allowed. The Witnesses
to the said Will being dead, and died before the Executor
of the said Will could have them Sworn in their lifetime,
there being noe legal authority at that time in the said
Province to allow or approve of the Probate of Wills, and
the following Evidence was sworn, viz :

Wm, Vaughan, Esq. made oath before this Board, that
he was well acquainted with Mr. Richard Waldron, one of
the Witnesses to the said Will, and had frequently seen the
said Richard Waldron write his name in his lifetime, and
doth verily believe that the name of Richard Waldron as a
Witness to the said Will, is of his own hand writing.

John Gerrish, Esq. made oath before this Board that he
was well acquainted with Richard Waldron and John
Evens, two of the Witnesses to the said Will, and had fre-
quently seen them write their names in their life-times, and
doth verily believe that the names of the said Richard Wal-
dron and John Evens, as Witnesses to the said Will, are
of their own hand-writing.

[p. 187.] John Hamm of Cochecha, in the said Province,
yeoman, aged about fifty seven years, made oath that he
was well acquainted with Richard Waldron, Abraham Lee
and John Evens, witnesses to the Will before mentioned,
and had frequently seen them write their names in their
life-times, and doth verily believe that the names of the
said Richard Waldron, Abraham Lee and John Evens, asr
Witnesses to the said Will, are of their own handwritings.

His Excellency the Governor and Council, having con-
sidered the legality of the said Will and the testimonials of
the said William Vaughan and John Gerrish, Esq. and
John Hamm, do declare the said Will to be proved, ap-
proved and allowed of.

^~07.2 RECORDS OF COUNCIL. .GOl

Ordered, that the Secretary grant a Probate of the said
Will under the Seale of the Province.
Probate of the said "Will as foil :

Province of New Hampshire.

By his Excellency Joseph Dudley, Esq. Governor and
Commander in Chicfc in and over her Majesty's Province
of New Hampshire, and Vice Admiral of the same ;

To all to whom these presents shall come — Greet-

I Seal. I ing: Knowy'*^ that on the ninth day of April, in the

^ year of Our Lord, 1707, before me in Council at

Portsmouth, in the said Province of New Hampshire, the
Will of John Heard formerly of the Township of Dover,
in the Province aforesaid, deceased, a copy of the said Will
being hereunto annexed, was proved, approved and albjwed
and declared in Council to be proved, approved and allowed.
Given under my hand, and Seal of her Majestys said
Province, the day and year abovesaid.

J. Dudley.
By his Excellency's Command

Chas. Story, Secretary.

Ordered, that the Secretary give notice to Tristam Hird
that the Will above nominated, is approved and allowed of
in Council, and that he has three months time allowed him
to show just cause to this Board, why the said AVill ought
not to be approved and allowed of, if will contest the same.

502 PROVINCE OF NEW-HAMPSHIRE. [1707.

[p. 188.] Province of New Hampshire.

At a Council held at Portsmouth, on
Thursday, the XV" April, 1707.
Present.
The Hon'^''' John Usher, Esq. Lieut. Govern^
Major William Vaughan,^
Peter Coffin, I -r,

Robert Elliott, f^^^^'

Saml. Penhallow, J

Whereas the Hon'-''' the Lt. Gov"" did on Tuesday last
issue forth his Warrant for Impressing of the Sloop Sarah
and Hannah, Capt. Samuel Winckley Commander, as a
transport in carrying souldjers upon an Expedition to Nova
Scotia and L'Acadie, and his Honour having acquainted
this Board thereof, the Council did well approve and allow
of the same, and Ordered that Capt. Winckley be allowed
as much P mensem, pro Rata, for the service of the said
Sloop and Mariners on board, as the Transports in the
Massachusetts Govern m* shall be allowed upon the same
Expedition.

Ordered, that the Secretary issue forth a Warrant of Ap-
prizement directed to Robert Ellott, Esq. Messrs. Richard
Forster, Andrew Pepperel, Richard Wybird and John Frost,
or any three of them to value and apprize the abovesaid
Sloop, with all her furniture, tackle, apparel &c. to her
belonging, and to take an Inventory thereof, and the said In-
ventory to deliver into the Secretary's office upon oath,
immediately after the same shall be taken.

Ordered, that the Secretary issue forth a warrant to the
Sheriffe or Constaljles of Portsmouth to Impresse Abraham
Lewis, of Greenland, as a Pilot, to go in the said Sloop
upon the said Expedition, and that when the said Abraham
Lewis is imprest he is to enter into her Majcstys pay accord-
ing to custom, and to goe on board the said Sloop and
observe his duty as a Pilot under the command of the said
Samuel Winckley, during the continuance of the said Ex-
pedition.

1707.] RECORDS OF COUNCIL. 503

[p. 189.] Province of New Hampshire.

At a Council held at Portsmouth on
Thursday, the 15"' May, 1707.
Present.

William Vaughan, )
Peter Cortin, > Esqs.

Robert Elliott, )

Pursuant to his Excellencys' Letter of the ninth of May,*
instant, signifying he is of the opinion that Mr. Voderil at
Queheck, must needs know of tlie Expedition to Port
Poyal, etc. and therefore the said Voderil may give disturb-
ance upon the Frontiers in these parts ; and also desires
that all people may be in strict Garrison and keep constant
watching and warding, <fec. and that Portsmouth and Hamj>
ton be ready to March to a distress :

Ordered, That Mr. Secretary Story, send out orders in
his Excellency the Governours name to the Capts. of Dover
and Exeter, to see all their people in strict Garrison, and
that constant watching and warding be duly kept till fur-
ther order.

Ordered, that Mr. Secretary Story give notice to Major
Smith, of the purport of his Excellency's Letter above
recited.

* Letter from Gov. Dudleij,

[MS. Cor. Vol. I. p. 15.]

Boston, 9 May, 1707.
Gentlemen —

I am of opinion that Mr. Voderil at Quebeck must needs by this time know my Ex-
peilitiou to Port Royal, & will therefsre g^ive me distuibauce upon the frontiers: I
will be in all possible readiness to support your jirovinee, but 1 must have notice
which cannot be given me but by a constant scout from all the frontiers, and a strict
keeping to garrisons * * * of the people that are careless of themselves. I do there-
fore desire you, that in the Governor's name there go forth orders to visit all the gar-
risons by the Captains of each Town, & strictly charge their keeping their garrison &
watching constantly; alsoe, from Exeter and Dover there be a constant s('out out to
discover & give me notice; & let Major Smith make rea<ly, have Portsmouth & Hamp-
ton to march to a distress, & I will support you from Newbury, &c. Let me hear
every . . . from the Secretary the occurreiits.

I am your Humble servant

J. Dudley.

504 PROVINCE OP NEW-HAMPSHIRE. [1707.

[p. 190.] Province of New Hampshire.

At a Council held at Portsmouth, on
Sunday, the 15"' day of June, 1707.
Present.

Major William Vaughan, ]
Samuel Penhallow, > Esqs.

John Plaisted, )

"Whereas Capt. Samuel Chisley and Lieut. Tippetts ar-
rived here on Friday evening last from Port Royal in the
Sloop Sarah and Hannah, Mr. Winckley Commander, which
was imprest to transport sixty souldjers out of the Prov-
ince upon an Expedition against the common enemy to Port
Royal aforesaid ; and the said Chisley and Tippetts with
the souldjers under their command being all dispersed to
and fro, and having given noe accounts to any of the Gen-
tlemen of the Council how they came to leave their posts
at Port Royal, or any reason why they came away :

Ordered, that the said Capt. Chisley be commanded to
attend the Council to-morrow morning, by six of the clock,
at the farthest, to be examined relating to the above Expe-
dition ; and that Mr. Secretary issue forth his warrant
accordingly.

[p. 191.] Province of New Hampshire.

At a Council held at Portsmouth, on
Monday, the 16'" June, 1707.
Present.
Major Wm. Vaughan,
Samuel Penhallow, Esq. Jolm Plaisted, Esq.

Capt. Lt. Samuel Chisley, according to command, ap-
peared at y® Board and being asked what was the reason
they were come away from Port Royal, and wdiy he did not
acquainte the Government of his arrival here in this Port,
and how he came to disperse his soldiers : —

1707.] RECORDS OF COUNCIL. 605

Answered, that there was General Orders <iivcn at Port
Royal for every person to make the best of their way home ;
and that when lie arrived here in Portsmouth, he went to
Mr. Penliallow's house, one of the Council, to acquainte
him of his arrival, hut he was not at home ; soe went to no
other (Jcntlemans house; he did liot know he had offended
in it; hut he was now sorry concerning it: — he said he had
dispersed his men upon their promise to return at the beat
of a Drum, and that he would call them together with all
expedition.

Pursuant to his Excellencys Letter of the 15"' instant : —
Ordered, that the Sloop Sarah and Hannah, Mr. Winck-
ley, Commander, be kept in her present posture till further
order : — And that Mr. Secretary Story write to Mr. Abra-
ham Lewis the Pilot, and Mr. Thomas "Webster sub-Com-
missary, forthwith to repair on Board the said Sloop, to
give their attendance there in their posts till further order.

[p. 192.] Province of New Hampshire.

At a Council held at Portsmouth,
IT"^ June, 1707.
Major Wm. Yaughan.

Robert Elliott, ) -^^ ^
Saml. Penhallow, ) ^' *

His Excellency's Letter of the 15"^ instant was commu-
nicated to this Board, advising that the Fleet and Land
forces are drawn off in a disorderly way from Nova Scotia,
without his orders, very dishonorable to her Majesty,, and
with neglect of the service ; therefore desired and ordered
that if any of the vessels of that Fleet arrive in this Har-
bor or any place adjacent, that the vessel or vessels be
caused to anchor there, and make known to the oflicers and
souldjers that none of them presume to come on shore or

606 PROVINCE OF NEW-HAMPSHIRE. [1707.

desert on pain of death — Ijut to wait his Excellency's
orders.*

Letter of Col. HUton to his wife, before sailing on this, as it

proved unsuccessful exjiedition.

" Casco Fort, July 16"% 1707.
My dear Spouse,

I can't but take all opportunities to salute you. I do earnestly
embrace this as y" last before our departure.

Notwithstanding a thousand difficultys in our way, it's ordered
tliat y*^ fleet prepare to take y" signal for weighing auclior to-mor-
row. The soldiers are utterly averse and will at best be but pas-
sive in returning to Port lloyal, just as prisoners are transported;
nevertheless, if Providence cast advantages into our bands tliere,
thej^ will eagerly embrace them, and if we obtain victory, God
will now liave a 'much greater share in our songs of triuinpli, than
if we had been successful at first.

Dear Heart, pray hard for us, and cheerfully commit to y^ Al-
mighty's i)rotection.

Yonr loving, loving husband.

WiKTHROP Hilton. t

* In the Spring of 1707, the three Provinces of Massachusetts, Kevv Hampshire
and Rhode Island raised two regiments, of about 500 men each, for the conquest of
Port Royal. Col. Wainwright commanded one regiment, aud Col. Hilton the other.
Col. March was injudiciously appointed to command the whole. The expe<lition was
an important one. The army arrived before Port Royal about the last of May. They
had some little skirmishing with the enemy. But jealousy and dissension arose
among the officers, which defeated the enterprise; and early in June, the army
broke up in a disorderly manner and left the place. Hilton, with as many officers
and men as did not choose to run away, retired to Casco Bay, and there waited further
orders. The Governor was much displeased with the conduct of March and Wain-
wright; but Hilton had the good fortune to secure his approbation, and received from
him the following compUmeutary aud characteristic letter:

" Boston, 20 July, 1707.
My dear Kinsman —

I alwaj's had a just value for you as my good kinsman ; but much more for your
steady service for and love to your country. I have not neglected writing to you as
being displeased, for I am not so — you being the only officer against whom I have no
complaint. But truly, Sir, I was never so surprised by what the enemy can do against
me, as I am at this intolerable ungoverned temper and base cowardice of my people.
I pray you to be steady to Colonel Hutchinson and the gentlemen in command, to
assist Colonel March. You have a brave Virginia prize in Port Royal harbour, and by
and by will have the store-ship. And if you will be content to stay twenty days at
Port Royal, they will desert and come over to you. However, let the Governor be
obeyed and all will be well.

I am your affectionate Kinsman

J. Dudley.
To the Hon. Col. Hilton, Eastward."

[t SieeFarm. ^ Moore's Hist. Coll. Vol. I. pp. 219-250. Also N. E. Gen. Reg. Vol. 7.
pp. 50-52.]

1707.] RECORDS OF COUNCIL. 507

Major "Walton, being notified to appear at this Board,
accordingly came, and acquainted this Board that he was
sent from Casco Bay by Colonel March, Commander of her
Majesty's Forces Eastward, with a })ackct of Letters to
express to his Excellency, and to wait his Excellency's an-
swer, and soe to return to Casco again.

Major Walton and Mr. Elliott acquainted this Board,
that on Saturday last, in the evening, there was a large
Sloop in this Harbour, which they believe was Lieut. Col-
onel Wanton and Company, and the said Walton further
saitli, that Samuel Prey told him he was on board the said
Sloop, and that it was Wanton's Sloop.

They alsoe acquainte that Perkins with his Company is
in a Sloop at anchor at New Castle, in this Harbor.

Ordered, that Mr. Secretary Story issue forth his War-
rant directed to Theodore Atkinson, Esq. pursuant to his
ExccUencys Letter of the 15*'' instant.

[p. 193.] Province of New Hampshire.

At a Council held at Portsmouth, on Friday,
the 20**" June, ante meridiem.
Present.
Major Wm. Vaughan.

Peter Coffin, } ^ John Gerrish, ) y

Nathl. Weare, \ ^^^^- Saml. Penhallow, \ ^^^^•

Whereas there were two Barrels of Powder, by his Ex-
cellency's order delivered out of the Fort for the Expedi-
tion to Nova Scotia, some time since, which powder proves
not so good as was expected :

Ordered, That Capt. Atkinson, Commander of her Maj-
esty's Fort at New Castle, goe and try the said powder,
whether it be good or not ; and if he have any better in
the Fort, that he deliver other two Barrels of powder as an
Exchange.

508 PROVINCE OF NEW-HAMPSHIRE. [1707.

Whereas Capt. Samuel Chisley hath been ordered by the
Gentlemen of the Council, pursuant to his Excellency's
Letter of the 15"' instant, to get all liis souldjers together
and to put them on Board of the Sloop Sarah and Hannah,
Mr. Winckley, Commander, they being dispersed in a dis-
orderly manner to the great hurt of her Majesty's service,
and the same is neglected by the said Capt. Chisley ; and
and the souldjers still continuing dispersed; and whereas
Major Smith received orders from his Excellency to get the
said souldjers together and to put an officer over them to
muster them in Capt. Chisley's room ; and to put a guard
upon the said Chisley, which is not yet done :

Ordered, that Mr. Secretary Story summons Capt. Chis-
ley to appear at this Board by two of the clock in the after-
noon ; and to write to Major Smith that he take care to
perform his Excellency's orders and directions about get-
ting Capt. Chisley souldjers together, and to put them on
Board the aforesaid Sloop, there to continue till his Excel-
lency's further orders.

[p. 194.] Province of New Hampshire.

At a Council held at Portsmouth, the
20''' of June 1707, post meridiem.
Present.
Wm. Vaughan, J Robert Ellott, J

Peter Coffin, > Esqs. John Gerrish, > Esqs.
Xathl. Weare, ) Saml. Penhallow, )

Robert Ellott, Esq. one of the members of her Majesty's
Council, exhibited a complainte against Major Shadrach
Walton, for abusing him and calling him a Knave, and
threatening him, &c. as upon file.

Major Walton appeared and acknowledged before this
Board, that he did call Robert Ellott, Esq. Knave ; and
that he did say, if Mr. Ellott took those persons parts,
which the said Walton called Rogues and Rascals, and said

1707.] RECORDS OF COUXCIL. 509

he would cut their cars and split their noses, he would doe
the same to him, the said EUott ; and further the said
Walton did declare that he was sorry that he should use
such language to ^Mr. p]llott ; upon which Mr. Ellott de-
clared himself satisfied for the abuse used to his person, by
the said Major Walton.

This Board having considered of the said complaints, do
decree and determine that the said Major Walton be cau-
tioned from henceforward, of threatening or abusing any
of the members of her ]\Iajesty's Council ; and that upon
his humble acknowledgement he be discharged paying all
charges accrued, which amounts to 2"^, 16% G'\ and to stand
committed till he pay the same.

[p. 195.] Province of New Hampshire.

At a Council held at Portsmouth,
on Monday, the 14"' July, 1707.
Present.
Major William Vaughan.

Peter Coffin, ) ^^^^^ Saml. Penhallow, ) -^
Robert Ellott, ) ^'^^' John Flaisted, \ ^^^^•

The petition of several of the Coasters Sloops between
Boston and Piscataqua about the exacting as a duty at the
Fort Wm. and Mary, eighteen pence more of the petition-
ers, every trip, than what they think is due, was read at
this Board, being sent hither ]:»y his Excellency to make
report to him of the Custom and usage in that alfair, which
has been frequently taken as a duty formerly.

The Gentlemen of the Council make this Report : That
about thirty years since it was customary for the Ca])tain of
the Fort at Newcastle to receive of the Coasting Sloops,
one shilling, and the Gunner of the said Fort, six pence,
every voyage for their passing the Fort ; but when the Cap-
tain was Captain and Gunner, then he received the full

510 PROVINCE OF NEW-HAMPSHIRE. [1707.

eighteen pence ; and that no other eighteen pence hath
ever heen rec'd as a duty belonging to the said Fort, till
within a year and a half last past, which hath been rec'd
by Theodore Atkinson, Esq.*

The Information of Stephen England was read at this
Board, relating to his being abused by Capt. John Gilman
and the rest of the Committee in Exeter, by punishing him
in making him ride with his face to the Horses tail, &c. as
upon file.

Capt. Gilman pleaded that the Committee punished the
said England for refusing to ward, sometime last summer,
and for disobeying his warrant the 9*'' of this month.

The Committee prays that the hearing of the Informa-
tion be referred to his Excellency in Council,
[p. 196.] A memorial was put in by Mr. Atkinson, of
Avhat necessaries is wanting at her Majesty's Fort Wm. and
Mary, as upon file.

Ordered, that Robert Elliott and Samuel Penhallow,
Esqs. be appointed as a Committee to survey her Majesty's
Fort Wm. and Mary, and make report to the next Council,
what necessaries may be wanting ; and in the mean time,
that the Treasurer supply the Captain of the said Fort with
wadding and cloth for Carthridge Baggs.

Ordered, that the Committee of the Militia of Exeter be
acquainted, that whereas Stephen England being appointed
by the High Sheriffe of this Province to be his Deputy
Sheriffe, and an Information being exhibited against the
Committee of Militia in Exeter for abusing the said Eng-
land, that the said England be free and clear from any
Impress by the said Committee, for Scouting or otherwise,
till the said Information is heard and determined ; he the
said England to doe military duty at the Garrison where
lie belongs, as watching, warding, &c.

* See Governor's Order on this Report, on subsequent page [514] xmder date " Boston
July 28th, 1707."

1707.] RECORDS OF COUNCIL. 611

[p. 197.] Province of New Ilampslure.

At a Council held at Portsmouth,
the 10'" July, 1707.

Present.

IMajor Wm. Vaughan.

Robert Elliott, J
Saml. Pcnhallow, > Esqs.
John Plaisted, )

A Proclamation for a General Fast teas ordered to be jndAished
being asfollowdh, viz:

(B)' liis Excellency, Joseph Dudley, Esq.)

Captain General and GoA^ernor in Chief, in and over her Majesty's
Province of tlie Massacliusetts Bay and New Hami)shire in New
England :

A Proclamation for a General Fast.

Inasmuch as it is the Sovereign pleasure of the Rigliteons God,
still to lengthen out the troubles of Europe, by the continuance of
the war with the Common enemy of the repose of the Christian
Nations; as also our own and our neighbors troubles in these her
Majesty's Provinces and Colonies, with the French and Indian
enemies and rebels; withal considering the importance of the Ex-
pedition which her Majesty's subjects here are now engaged in
against the said Enemy and rebels ; and the just reasons we have
to implore the Divine Favor for the remission of our Sins, whereby
we have justly provoked the Holy God and for his blessing upon
that undertaking : —

I have thought fitt, by and with the advice of her Majesty's
Council to appointe and order that Thursday, the [p. 198.] twenty
fourth day of July current, be solemnized as a day of Public fast-
ing and Prayer throughout those Provinces ; Exhorting both Min-
isters and people in their several Assemblies religiously to attend
the solemn services of the said day; that by a sincere and hearty
confession of our sins, and humble reliance on the Divine Mercy,
we may obtain from God, that our Sovereign Lady the Queen,
with the Nations and Territories under her happy Government
may always be under the protection of Heaven; her Majesty's
life and Government long continued; her Council and Just Arms
prospered; the designs of the Barbarous Salvages against us de-

512 PROVINCE OP NEW-HAMPSHIRE. [1707.

feated; our exposed Plantations preserved, and the poor Christian
Captives in their hands returned ; and her Majesty's forces on the
present Expedition may be under Heavens Conduct, and have
good success ; that the Government of tliese Provinces may have
the Divine direction in all their Administrations; that health may
be continued and the jiresent year crowned with the fruits of
Divine bounty, and that deliverance may speedily arise to the
church of God, oppressed with the Tyranny of Anti-Christ, and
every kind of peace and prosperity may be given and secured to
us and our posterity, upon the tirm and lasting foundations of the
Divine blessing and favor : And all servile labor upon the said
day is inhibited.

Given at Portsmouth, the tentli day of July, 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.
God save the Queen.
By order of his
Excellency, The Governor,
and Council, Ciias. Story

Secretary.

[p. 199.] Province of New Hampshire.

At a Council held at Portsmouth,
23-^ July, 1707.
Present.
Major Wm. Yanghan.
Robert Ellott, Esq. Saml. Penhallow, Esq.

Pursuant to his Excellency's Letter of the 21*^' instant :
Ordered, that the Secretary issue forth several Proclama-
tions to be read in the several Meeting-Houses of this Prov-
ince tomorrow, and afterwards posted up, the Proclamation
to be in the tenor and form hereafter expressed and to be
signed by the Secretary.

per order of the Council.

Chas. Story,

Secretary.

1707.] RECORDS OF COUNCIL. ^1^

Province of New Hampshire.

A PROCLAMATIOX.

Wlicreas several soldiers under the cuiiiiiiuud of Capt. SiUiiucl
Chisley, upon the present Expedition, hath deserted her Majesty's
service by runniii<( away from their Colours; —

These are tlierefore to make known to all and every such desert-
ers, that if they do render theniselves in two days time to any of
her Majesty's Council in her Majesty's Province of New Hamp-
shire, or at the house of Mr. Pepperell, over against the Great
Island, soe as to goe on board of Capt. Blew, in order to return to
the Canjp, they will have his Excellency's the Governoui"'s favour,
and be acquitted of Corporal punislmient; otherwise they Avill be
proceeded against with the utmost severity of Law.

Given at the Council Chamber, at Portsmouth, the 23'i July, in
the sixth year of her Majesty's Keign, that is now over England,
&c. Anno Domini, 1707.

Per order of the Council.

CiiAS. Story,

Secretary.

[p. 200.]

Ordered, that the Secretary write to the several Captains
of the several Towns that they make known to any of Cap-
tain Chesley's men that are deserted, that if they shall
within two days render themselves to some of her Majes-
ty's Council within her Majesty's Province of New Hamp-
shire, or at the house of Mr. PepperelFs over against the
Great Island, soe as to goe on board of Captain Blew, in
order to return to the Camp, they will have the Governonr's
favour, and be acquitted of Corporal punishment : other-
wise they will be proceeded against to the utmost severity
of the Law.

Ordered, that the Secretary write to Major Smith, that
there be a strict watch kept at Sandy Beach, as was form-
erly, there being more than ordinary expectation of danger.

Letter from Gov. Dudleij.

Boston, July 28"% 1707.
Upon the Report of the Gentlemen of the Council, annexed,
referring to the fees to the Capt. and Gunner of the Fort at New
33

614 PROVINCE OP NEW-HAMPSHIRE. [1707.

Castle; I do hereby strictly conmiaud that there be eighteen pence,
and noe more taken as fees from vessels passing-, for the whole fees of
the two officers abovesaid, which shall be directed and divided be-
tween the said officers, upon a hearing between them ; as the said
officers will answer that default at their peril : And the Secretary
is hereby directed to give a Copy of this Order to the Command-
ing officer at the Fort, and to acquainte all persons concerned
herewith, and to enter the whole proceeding in the Council Book,
to be of Eecord there.

Given under my hand.

J. DUDLEY.

Trial hefore tlie Superior Court of Judicature, of
the Province of jS'ew Hamfiipsliire.

ALLEN YS. WALDROX.
August 12"! 1707.

[In the Histoiy of New Hampshire {Farm. Belk. pp. 158-166), Dr. Bel-
knap has given a succinct account of the great trial of Title to lands in the
Province of New Hampshire, which was commenced in the Action, Masox vs.
Waldron, 1683 ; renewed from time to time, and finally terminated before
the Superior Court, Allen vs. Walurox, in August, 1707. All the papers,
with the course of proceedings in the Courts, were placed on file in the Clerk's
office at Exeter, where they have been carefully preserved. Through the cour-
tesy of Charles G. Connor, Esq., Clerk of the present Supreme Judicial Court
for the First District, the Editor has been permitted to take copies of the afore-
said papers. They are deemed of so much importance in the history of the
State as to justify and require i^ublieation in full.

In transcribing these papers, the Editor has followed the order in which
they are filed, endorsed and numbered, in the following "Memoranda." The
copy of each paper is meant to be exact. Some of the Nos., as will be seen,
are referred to as already in print, and accessible. The " Bond- for Appeale,"
No. 44, does not appear on file. If entered into as required by the Court, " in
the sum of two hundred pounds," the prosecution was not carried out : for,
as Dr. Belknap says, " The loyalty of the people, and the distresses under
which they labored by reason of the War, prevailed on the Queen's ministry
to suspend a final decision ; and before the Appeal could be heard, Allen's
death, which happened in 1715, put an end to the suit, which his heirs, being
minors, did not renew."

1707.] ALLEN VS. WALDRON. 515

It will be observed that during the twenty-four years, 1683 to 1707, in which
this action was in Court, the parties were entirely changed. Robert Mason,
who commenced the action against Col. Richard Waldron, sen., of Dover,
died in 1088. Waldron was killed by the Indians in June, 1 089. The heirs
of Robert, viz., John and Robert Tufton Mason, sold their right and interest to
Samuel Allen, afterwards Governor of New Hampshire, in 1691. Allen re-
newed the suit against Richard Waldron, Esq., son of Col. Richard, deceased,
but died suddenly in 170.5. Then Thomas, of London, son of Samuel, took
up the suit, and through his mother, Mrs. Elisabeth Allen of Hampton, as
Attorney, carried it on till the decision was made, in 1707. — Ed.]

Memo*. Case between Tho, Allen, Esq. & Richard Waldron, Esq.
tryed in her Majesty's Superiour Court, Aug. 1707.

The Venire and Eeturn.

No. 1. Several Suits of the Inferior Court, Writ, Ejectment, &c.

2. Jury's Verdicts, Appeal, Bond, &c.

3. Reasons of Appeal.

4. Answers.

6. Patent from King James y^ First, to y® Councill of Ply-
mouth.

6. Grant from Council Plymouth to Capt. John Mason, 1629.

7. Do. " " " 1635.

8. Accott. of men, stores, »fcc. left by Mason's Agent.

9. Evidences, viz.
Geo. Walton,

Nath' Boulter & Jno. Redman,
Francis Small.

10. Langster & Palmer's Evidences.

11. Major Pike's Evidence.

12. Mason's Will, 1635.

13. Sir Jeffrey Palmer's opinion.

14. Sir Jones & AYinningtou's Rep*.

15. Writ against Waldron, 1683.

16. Judgment Do.

17. Execution Do.

18. Dedimus from Boston.

19. Tufton Mason's Deed, to Allen.

20. Sundry Evidences.
Viz. James Ordway,

-16 PROVINCE OF NEW-HAMPSHIRE. [1707.

James Emery,

Henry Laiigster & Tho. Roberts,

Tho. iloberts,

Jiio. Tuttle & Tho. Roberts.

21. Her Majes'y & Council's Order to find Specially, 1706.

22. Queen's affirming the Judgra', 1702.

23. Tho. Allen's Letter Attorney.

24. Records from Cler. Suj)'' Court in Boston about Mason &

Gorge, &c.

25. Queen's Letter, 1703, to the Gove'.

26. Record from Sec. Story.

27. P' of Gov. Cranfield's Commission.

28. His Maj'« Letter, 1680.

29. Records from Sec. Story.

30. Repealing 2 Acts, 1703.

31. Records from Mr. Chamberlain with his Certificate abo'

the ?

32. Several Oaths about Mr. Allen's Possessing the Waste

Lands, &c.

33. Letter from the JJ' 1685, about Vaughan, &c.

34. Ec¥ Northey's Reports.

35. Allen's Council move that the Jury find specially.
86. Indian Deed, 1629.

37. Geo. Vaughan's Rec'.

38. Samp. Sheafe's Evidence.

39. Allen's Council motion for a special verdict.

40. The fine &c. ag* Tufton Masons.

41. The Recovery, &c.

42. Jury's charge &c. & Yerdict, Judgm', &c.

43. Bill Costs.

44. Bond for Appeale.

No. I.

Several suits of the Inferior Court, Writ, Ejectment, »S:c.
Province of New Hampshire.

Att her majesties Inferior Court of Common Pleas, held at
Portsmouth, the 5"" Xber, 1706, being the first Thursday,

1707.] ALLEN VS. WALDRON. fAl

P'seiit

Rich'd Waldrox, TIen: Dow, Theo. Atkinson & Wintiirop
Hilton, Esqs. Justices :

The Court called & opened.

A wryt of Ejectment, of Jcrvis Ring, Conf Geo. AValton, boiiig
Enterd, Its ordered & by . . . Attornies, according to J{ool of
Court, annexed to the wryt, Mr. James Menzies, for PI' & Mr.
Chas. Story, Atto"' for deft, and That Thomas Allen, Esq. bee pi'
in the room of Jervis Ring, and Rich*^ Waldron, Esq. in y*-" room
or stead of Geo. Walton.

The Case continued to the next Court. Vera Copia, Pr. Cur'".

Henry Penny, CI'.
Pro. of New hampshire:

Att an Inferiour Court of Common Please held at Portsm" w*''in &
for s*^ Prov. the 5"" day of december, 170G, being the tirst Thurs-
day in decemb':*

Jervis Ring, pi", vers. Geo. Walton, def.
Order of Court.

It is ordered ])y the assent of the Attornies of both parties,
That Rich'' Waldron, Esq. Tennent of y* Lands & Temiements, in
question, to be made def in the stead of Geo. Walton, the now
def and y" Tho. Allen of London In the Kingdom of England,
Esq. son & heir of Sam. Allen, late of New Castle, in the Pro.
of New hampshire, Esq. dec<i. be made pi' in the stead of Jervis
Ring, the now def, and the sd Rich'' Waldron imedeately uppeare
at the suet of the s*' Tho. Allen, pi', and .... Bayle & receive a
decliration in plea of Trespass & Ejectment, & plead thereto * * *
(not Guilty.) And that upon Tryall of y* Issue, he acknowlidg
Lease, Entry, * * * And Insist upon y** Title only, otherwise that
Judgm' be entered for the now pi' Jarvis Ring, against y" now deft
Geo. AV^alton, by default. And if the s'l IVu-h'^ Waldron upon the
Tryall of the 8<* Issue shall not acknowlidge Lease, * * * Ouster,
by reason thereof the pi' liis s"! Bill against y'^ s"* Rich"* Waldron, * *
any further prosecute, then no coste to be adjudged upon such
now * * ♦ the s"! Rich'' Waldron to pay y" pi' such Cost as shall
be taxed by the Court. It is further ordered, y" if upon the Try-
all of the Issue, a verdict shall be rendered for the a"^ llWh'^ Wal-
dron, or y" it shall happen, y" the pi' shall not pros * * * for any

* This paper is much mutilated and partly illegible.

518 PROVINCE OF NEW-HAMPSHIRE. [1707.

other cause than for not confessing Lease, Entr}^ & Ouster, * * *
the pi' to pay such costs as shall be Taxed by the Court, to the s"^
llich<* * * *

o'*' Xber pr. By the Court

Cur"" Hen. Dow, Justice. Ja. Menzies, for y^ pi'.

Cha. Story, for y'^ def.
Pr CI'' Vera Copia,
compared with orig-
enal on file. Pr Cur"'.

Henry Penny, Clk.

Declaration & Ejectna'.

Ring vrs. Walton.

A Copy Delivered Mr. Waldron, the lO"' instant.

ss.

Province of New
hampshire in New England

Att an Infe'' Court of Common Pleas, held att Portsmouth for the
Province afore^*^, on the fifth day of December, Anno Dom: 1706.

Thomas Allen. Rich'^ Waldron.

Jervis Ring complains of George Walton, in the custody of the
Sherrif, for that whereas Thomas Allen of the city of London in the
kingdome of England, Esqr., son & heir of Samuell Allen, late of
New Castle, in the s*^ Province of New hampshii'e, Esqr. Dec'd. Pro-
prietor of the s"^ Province of New hampshire upon the fifth day of
October, in the year of our Lord, 1706, & in the fifth year of the
Reigne of our Soveraigne Lady Queen Anne, that now is over
England, &c., At Dover, in the Province of New hampshire
afore^*^ hath Demised, granted & to farme lett to the s^ Jervis Ring,
one Messuage «fc Tenement, one Barne, one Gardine «fc Orchard
[NotOriity containing twenty acres, Arrable land one hundred
Attr.fijr deft.] acres, Mcadow & Marsh land one hundred acres,
pasture land fifty acres, feeding land, one hundred acres, Wood-
land & underwood, four hundred acres, & one saw milne scituat,
lying & being in the precincts of the Town of Dover afore^'', in
the province afore'^, — To have & to hold the Messuage & Tenement
afore'^i, & all other the premisses, with the Appurtenances to the
s"! Jervis Ring & his Assigns from the Twenty-fifth day of Sep-
tember now last past, untill the full end & terme of five years from
thence next ensuing, & fully to be completed & ended : By virtue

1707.] ALLEN VS. "WALDRON. 519

of which demise, The s*^ Jervis Ring into the Messuage & Tene-
nieut afore"^ with the Ai)[hii-^" Kiitored, & was possest theroof, un-
til the s* George "Walton, afterwards, the same fifth day of October
& in the fifth year of Queen Ann's Reign aboves''^, in the s<i year
of our Lord, with force & amies, &c. Into the messuage & tene-
ment afore*'' with the Appur'" In & upon the possession of the s^
Jervis Ring hath eiilred, And him, the s'^ Jervis Ring, from his
farme afor'^*^ (his terme therein not being yet expired) hath ejected
Amoved, expelled. And him the s"^ Jervis Ring from his possess-
ion therein as afore""* hath withheld & hitherto doth withhold, &
othei- Enormities hath offered to him Contrary to the peace of our
Soveraigne Lady the (^ueen, and to the Dammage of the s"* Jervis
Ring, one thousand pounds in money : And thereupon he brings

his suit, &c.

Ja. Menzies, for the PP. ? Pledges of
Cha. Story, for the Def. $ Prosecution.

Mr. Richard Waldron,

I am informed you pretend some title to the lauds within men-
tioned, for which I am sued ; you must therefor Luploy some
Attorney to xVppear for you at the next Infe^ Court of Pleas to be
held at Portsmouth for the Province of New hampshire, the fifth
day of December next; otherwise I, claiming no title to the same,
shall suffer Judgment to pass ag' me by default, & you will be
turned out of possession, «S:c.

W. Geoege Waltox.

Dated at Portsmouth,

the Eleventh day of October, 1706.

Province Newham"^.

Her Maj^' Inferior Court of Common Pleas held for this Prov-
ince by Adjouniment, this 15**^ of April, 1707.

P-'sent.

Rich'i Waldron, Hen. Dow, Theo. Atkinson, Winthrop Hilton,
Esqs. Justices.

Jlrt.

The Court called and opened.
The Jury called and appeare, viz.

John Partridge, formau, Eph''. Mastiue,

Joseph Joans, Sam*. Dow,

James Gilman, Jno. Knowls,

Francis Matthews, Jetliro Furber,

Hugh Banfield, Lieut- Jno. Gilman,

Jno. Dinnet, Tho. AV'ilson.

520 PROVINCE OF NEW-HAMPSHIRE. [1707.

The Court Acljouru'i for one hower & halfe.

Vera Copia.
Pr Heiuy Penny, Clk.

The Court opened. Eichd. Waldron, Esq. removed from the
Bench lohylest 'is case was tryeing.

The wryt of Ejectment read. Tho. Allen, of Lond", Esq. PP.
& Ric'^. Waldron, Esq. Defend'. Mr. James Minzey allowed at-
torny for the PI'. & Mr. Cha. Story, & Capt. Jno. Pickering at-
torn ys for the def.

The Jury all sworne, being no objection made, either by y^ PI',
or Def. against any one of them.

Many Papers given in, or on file, & long pleaded to.

Vera copia. pr Cur"",

Henry Penny, Clk.

No. II.

VERDICT, JUDGM', BOND & APPEALS.

The papers on file given to the Court and the Case long pleaded
was committed to y* Jury, with these directions to the Jury, viz.

DiREC. That the Case was a Title of land. Mr. Allen brings
liis action against Mr. Waldron for such land as was ther sett
forth in y^ wryt: and you ar sworne to give according to Evi-
dence. We are also to Informe you that herMaj'y in Council hath
beeu graciously Pleased, to order directions as to a special ver-
dict, and you have both her Maj^ order in y** case. We therfor direct
y" you observe her Maj'* order therin, w'^'' can give you better di-
rections than we can give. Soe take the case, and we pray God
direct you to doe that w*^^ is just therin.

Vera Copia, pr Cur°^

Hen. Penny, Clk.

The Jury for some time went out, and Returned with ther ver-
dict, viz.
Pro. Newham''% April 15'^, 1707.

Verd. Att. her maj'" Inferior Court of Common Pleas, held by
Adjournm' at Portsm". Mr. Tho. Allen, Esq. PI'., Mr. Eich'^.
Waldron, Esq. Defen'. Wee of the Jury find for the def. cost of
Court.

Pr me, Jno. Partridg, forman.

Vera Copia

Pr. Cur™ Hen. Penny, Clk.

The Plaintife, having befor moved for a special verdict, again
moved it, That the Jury may be directed to bring in a special ver-
dict.

1707.] ALLEN VS. WALDRON. 521

The Court sent the Jury again out to consider furtlicr for the
verdict: and after some time tliey returned with the same verdict,
as bclbr, & would not alter it.

JuDGMT. Itt is therfor Considered by tlie Court, y" ye dcf.
shall recover of ye pi', cost of Court accordingly.

Vera Copia

Tr. Cur"' Hen : Penny, Clk.

Ari^KALE. The PI', prayes an appele to y* next Superior Court
of Judicature, in tliis Pro. from y" verdict and Judm'.

The Court allowed y** same; — giving security, as on file. (Mr.
Menzies principal, Lt. Gov^ surety.)

The aforgoing papers are a true Coppie of the whole case, Tryed
at her ^Vfaj**' Inferior Court of Common Pleas, held att Portsm° by
adjournm' the 15"^ day of April, 1707 : Wherein Tho. Allen, Esq.
was PI', and Pich'*. Waldron, Esq. Def. Verdict for the def.
Cost of Court. Judgm' accordingly.

Pr. Cur'"

Hen : Penny, Clk.

[Bond.] Know all men by these p^sents. That we, James
Menzies and John Usher, Esqs. Joyntly & Severly ar held and
bound unto Rich"^ Waldron, his heirs, Executors, Adminis'* and
Assigns, in the sume of Twenty Pounds Current mony of New
England, to be pd. to the s"^ Rich. Waldron, his heirs, Executo^
Admin"' or assigns, for y^ paym' of w<='' we bind ourselves^ our
heirs, & Exec'^ firmly by these pr'sents: dated y" 15"' April, in y°
5"' year of her Maj'^ reigne Anno Dom: 1707.

The Condition of y« above obligation is such, that whereas the
above named Rich*^ AValdron, Esq. recovered Judgm' att an In-
ferior Court of Pleas, pr adjorm' y^ 15'^ Instant, against Tho:
Allen, Esq. for cost of Court, from w'^'' Judgm' s*i Tho: Allen, pr
his Attorny did appele to the next Superior Court of Judicature
to be holden in this Pro: If, therefor y*-' Tho: Allen, Esq. shal
prosecute his Appele accordingly to eflect, and pay all such cost &
danunage as shall be awarded against him, if the first Judgm' be
aflirmed, then \" obligation to be voyde, else to remaine in force.

Jas. Menzies.

Test.
Hen. Penny, Clk.

Se.\l

522 PROVINCE OF NEW-HAMPSHIRE. [1707.

No. III. 3fr. Allen' s Beasons for Api^ele.

Province of ?

Newluiinpshirc \ " '
To the hoiior''''^ her Maj^" Justices of the Sup"" Court of Judecature

to be holden at Portsmouth within and for y'' said Province, the

2^ Tuesday in August, 1707.
Thomas Allen, Esq. Appel' J)

vers. >

Richard Waldron, Esq. Appellee. )

The Appell'^ Reasons of Appeal from a Judgment of an Infer''
Court of Common Pleas, (held by Adjournm' at Portsm" "within
and for said Province the fifteenth day of April, 1707) obtained
against him by the s*^ Richard Waldron, then Def in an action of
Trespass «fc Ejectment brought by the AppelP (then PI') for a
Messuage, tenament. Lands, &c. lying in the precincts of Dover,
in the province aforesaid, as by the writt, Rule of Court & Judg-
ment in the caus, (to w'^'' the Appell' refers) does more fully Ap-
peal: To which Action y'' Appellee (then Def) pleaded (not
guilty) and so the caus was committed to the Jury, who refuseing
to find a speciall verdict, delivered their verdict positively for the
then Def, costs of Court and Judgm* was by the Court entred
up Accordingly: which Judgm'^ is wrong & Erroneous & ought
to be Reversed.

1. For that the verdict and Judgm' should have been given
for the Appell' (then Plain') who ought to have Recover*^ the
Messuage & lauds, Demands and Costs.

2. Because the Appell' at the Tryall, by good suflicient Re-
cords, Royal grants, Deeds, Evidences and Conveyances in the
Law, showed forth and proved an undoubted Right and title to
y*^ Pi-ovince of Newhampshire, of which the Lands in Question
are part, and his being Lawfully possessed therein, with his Im-
provements thei'eupon, by building of sundry houses & forts
thereon, &c. and planting of great guns in said forts ; and is now
ready to make out the same unquestionably to tliis honor''''' Court;
for, that y" Defend'^ title supported only by pretence of Possession
can never in Law amount to, or invest him with any Right to the
premises ;

3. Especially when the AppelP & his Ancestors & those from
whom he derives, have constantly been in the Lawfull possession
j^jsd Province (whereof the premises demanded are a part) either
by themselves, their Agents, Tennente, or servants: And the pos-
session was ahvays accompanied witli a Legal Right and Title to
the same, evinced by autheutick Records, Deeds, &c. well exe-

l"07.] allp:n vs. waldrox. 523

ciited ill Uie Law; and tlic Appellees pretended possession liath
been always Interrupted by the Appell' & those IVoia whom he
derives his Eight, by continuall chiim made for the same, & more
especially by a Judgm' obtained by Capt. llobert Mason, dcc'd.
Proprietor of s'^ Province against liichard AValdron, Esq, dec'd,
father to the Appellee, whereby he liecovered the possession of
the same lands now demanded, in the year 16<s;5, as by the writt,
Judgm' & Execution on tile in the caus (to which the Appell' Re-
fers) does plainly appeare.

5th* Yov that the Jurrors ought to have found a speciall ver-
dict in the cans, which was very much pressed and argued for by
the PI" Conncill before the Jury went from the Barr, and insisted
on, not only from the Law cours and practice in England in like
Cases, but was alsoe enforced from her most Gracious ISIaj'^'* order
in Council, giving directions for that purpose.

6. The verdict being positive, the AppeP has great Reason to
Appcall unto, and pray this Honor^'^ Court, That they would
charge and direct y« Jury to Reverse the former Judgm' and find
y* matters specially upon their appeal, that so the matters of Law
arising there from may be debated & determined & Judgment
entred up thereupon according to Law.

All which matters and things, w"^ what may be further offered
in Court, being duly Considered by the Hon'''*' Court & Gent, of
the Jury, the Appell' doubts not, but ho shall obtain a Reversion
of the former Judgment & have Judgment for him, for the j)0s-
session of the Lands demanded, and costs.

Ja. Menzies,
Portsm°, 18th July, 1707. Jno. Valentine,

substitute or attorneys of M'^™
Allen, wiio is the Appell'* At-
torney.f
The above reasons of Appeal wear then given in to the office of
the Clerk of the Inferior Court of Common Pleas.
Pr. Cur'» Hen. Penny, Clk.

Indorsed— " To the Honor'''% her Map'^
Justices of y*' Superior Court of
Judicature now sitting In
Portsmouth.
Mr. Allen."

* There seems to be a mistake or confusion in numbering,
t See paper on tile.

524 PROVINCE OF NEW-HAMPSHIRE. [1707.

No. IV. Ansiver to lieasons of Appeal.

Province of New Hampshire.

To the Hon''''' her Majesties' Justices of the Superior Coui't of
Judicature, to he holden at Portsmouth, witliin and for the said
Province of New Hampshire, the second Tuesday in August,
1707.
The Answers of Richard Waldron, Esq. Appellee, to the Reasons

of Appeale of Thomas Allen, Esq. Appellant.

1. To the tirst Reason of Appeale the Defend' Answers, That
the Verdict and Judgment of the Inferior Court were, as they
ought to be ; for that it was impossible that the plaintifTe either in
Law or equity could Receive Judgm' for the Lands in controversie.

2. To the second Reason of Appeale, the Defend' Answers as
follows :

Imprimis — as to the Deed or Grant from the Council of Ply-
mouth to John Mason, Esq. in 1629, dec'd. from or under which
tlie Appellant pretends to derive his Title to the Lands in contro-
versie, it never was signed by the President nor any of the Law
Council of Plymouth ; nor indeed so much as by any Secretary or
Clerk of the said Council, as all other their Grants of the like
nature were. Secondly, There never was any Commission of Sur-
vey or Livery or Seizin made of the said Lands, which were alsoe
usual with the said Council of Plymouth in and upon all their
Grants of Land, and is alsoe of absolute necessitye in the Law, to
make a Title to lands conveyed in that nature. And, Thirdly, the
pretended Deed or Grant aforesaid never was Ini'olled, as the
Statute of England in such cases directs, and makes necessary.
But, fourthly, that which Renders the pretended Grant to John
Mason, Esq. the yeai'e 1629, very suspitious, and indeed of noe
worth and value in the Law, is, that a great part of the lands
mentioned to be conveyed in the said Grant to the said Mason,
were granted but the yeare before in 1628, by the said Council of
Plymouth, to the Governor and Company of the Massachusetts,
by a very firme and good Grant, well and truly signed and exe-
cuted according to Law and the form and method of the Grants
of the said Council of Plymouth. And then, afterwards, viz. in
the yeare 1635, the said Mason procures, as he pretends, a second
Deed or Grant fiom the Council of Plymouth, of the Province of
New Hampshire, and all tlie Lands therein contained; — a demon-
stration that the said Mr. Mason himselfe thought he had noe
Grant in the yeare 1629, that he could rely upon. And it is alsoe

1707.] ALLEN VS. WALDRON. 525

a thing in itselfe not to be supposed or believed that the Council
of Plymouth should be soc Imposed on as to grant Mr. Mason in
1G21>, Avliat they had before granted to the ^[assuchusetts in 1G28>
or yet, a second time, to wit, in 1G;35, grant that to Mr. Mason,
which they had before well granted in 1()2!), as the Appellant pre-
tends: soe that in truth there never was nor could be any such
Grant from the Council of Plymouth as that in 1629, but that the
same is a pretended Grant, and noe more.

Secondly, as to the possession of the said John Mason, soe much
pretended to and relyed upon by the Appellant, the Defendant
answers as follows:

Imprimis — The said John Mason himselfe never was in this
country, but dyed in England, in the yeare 1635. Secondly, what-
ever possession or Improvements the said Mason's Agents or suc-
cessors might have or had in these parts of New England, it really
was noe other than the settlement of a Factory and Trade with
the Natives; And principally, for a Discovery of a place they
called Laconia; and that alsoe in company with several other
Merchant Adventurers in England, who for the support and secu-
rity of their factors and Servants, and Especially from the Sal-
vages, did Erect a Garrison or Fort as they call it, but never
Amounted to a possession in Law, soe as any Avays to make or
confirme a Title to the Land of this Province ; And therfor after
a few years stay in these parts, they absolutely quitted their fac-
toreys and little settlements, as finding the Trade of the Country
would not answer their Expectations: And yet this is the mighty
possession the Appellant Kelyes upon.

3. To the third reason of Appeal the defendant answereth as
followeth: First, That his father Richard Waldron, Esq. dec'd,
was actually seized and possessed of the lands in contx-oversie
above three score years agoe, in his own demesne as of fee, and
soe continued seized and possessed thereof unto the time of his
death ; after whose decease the lands in controversie desended to
the Appellee himselfe, as his sonn and heire, who accordingly
ever since the death of his fiither, hath constantly Injoyed and
lived upon the same as his owne Kight ; and Possession, such a one
as the Def '^ is, is noe such Right or Title-matter as Appell' would
pretend: for that first possession of itselfe in many cases makes
a Title: And never with more Reason than in this case of the
Def'% forasmuch as his said father when he first obtained the pos-
session of the Land in controversie, found it not only Vaccum
Domiciliiim, but alsoe an howling Wildernesse, scituated among
the Barbarous Salvages with whome, tho' he endeavoured to main-

526 PEOVINCE OF NEW-HAMPSHIRE. [1707.

tain a friendly correspondence, yett was forced in scA'cral success-
ive AVarrs to defend himselfe and his possession with a very great
expence of a Great deale of mony, and at length his life itselfe.
Secondly, The said Def '^ possession was grounded on a very good
Deed v-ell executed in the Law, from the Indian Sachems & na-
tives j^rojjrietors of these 2)a)ts of America, hearing date the nth
May 1629 (1) , and qniett and peaceable possession delivered thereof
by the said Sachems ; And that in the Presence of the Governor
& factors for the Company of Laconia, of which Mr. Mason was
one, soe that Mr. Mason's agents or factors never looked on them-
selves to possess or live in this country as the propriety of Mr.
Mason ; but only as factors to manage a Trade as before sett
forth.

Thirdly — And all this was transacted and done with the tollera-
tion at least of the Council of Plymouth: And most certainly
pursuant to the great end and designe of the Grant to the said
Council, which was to Christianize the Heathen and to people and
improve these parts of America for the honour, advantage and
interests of the Crown and Trade of England. All which ends
have been pursued and actually attained by the Appellee and his
Ancestors, who therfor justly possess the same. And tho' the
Defendant doth not pretend to any expi'ess Grant from the Coiin-
cil of Plymouth, yett that noe way affects the Appellant; nor can
the Defendants want of such a Grant mend the Title of the Ap-
pellant, who must recover by force and virtue of his own Title.

Fourthly, — As to the Grant of the Council of Plymouth to the
said Jolui Mason in 1635, the Defendant answers as follows : First,
That the Grant in 1635, had nothing but a Seale affixed to it, never
inrolled, nor livery or seizin attending it, and in all things defect-
ive as the Grant before mentioned: viz. the Grant in 1029: but
then secondly, the Defendant insists upon it, that the Appellant
must reliiKjuish one or the other of those Grants, and not rely on
them both ; it being contrary to the reason and usage of the Law
to rely on two several Titles.

As to the writt of Judgment and Execution pretended by the
Appellant against the defendants father, — the def answers:

1^'. That the writt was for the possession of eertaine lands and
tenements in Cochecho, Dover, and other places in the said Prov-
ince, without mentioning or ascertaining the quantity, place or
Bound of the said Lands ; than which nothing would be more
necessary, & without which no Jury could ever legally finde a

(1) Italics by tha Editor.

1707.] ALLEN VS. TVALDRON. 527

verdict, or Court give a Jiulgment. Secondly as to the Judfrinent,
the copy made use of doth not come attested from any Uook of
Records ; for indeed, there is noe such book to be found. Thirdly,
as to the P'xccution, there never was any levied, nor was the said
Richard Waldron ever interrupted in or amoved from his ])ossess-
ion of the lands in controversie, by virtue of the said Judgment
or Execution.

To the Fourth reason of Appeale the Defendant answers,— That
true it is, that a special Verdict may be found by a Jury as the
case maybe; And alsoe that the Court cannot refuse a special
Verdict if it be pertinent to the matter in issue, and containe the
certainty and verity thereof; but then on the other hand, noe
Jury is oblidged to give a special Verdict, or finde the matter at
large, if they have noe doubt of the Law or fact in the case before
them, for that the grounds and Reason of a special verdict are,
when a Jury is under some doubt or dlfficultye of the evidence of
the fact or the Law arising from the l\ict in the case before them;
nor can a Jury ever be compelled, by any Court whatsoever, to
finde a special verdict, Avhen all matters are full and clear to their
satisfaction.

As to the fifth Reason of Appeale, the Defendant hath no ans-
wer to make, for that it wholly concerns the Judges of this Hon-
orable Court, who noe doubt will take care, in this as in all other
cases, to do what to Law and Justice appertains. Besides which
answers to the Appellants Reasons of Appeale, the Defendant
humbly ofiers to the consideration of this Honorable Court and
Jury :

1»'. That by the Statute of the 2P' of James l*". Chap: IG'^, noe
Action of Ejectment cann be maintained, except the Plaintilfe in
such Action or those under whom he claims, have been in posses-
sion of such Lands some time within twenty years of the bring-
ing of such action : And if they have been out of possession
sixty years, as the case now is, then by the statute of the .32<^ of
Hen: 8"* Chap. 2'^, not only an Ejectnient but a writt of Wright
and all other Real Actions are Barred in respect of a subject; and
alsoe in such cases, the Title of the Crown is Barred, by the
statute of the 21^' of James, 2d. And 2^ by the statute of the 32'^.
Hen: 8"^, Chap. 9* against buying of Titles, &c; It is enacted
that noe person whatsoever presume to purchase any [Maiinors,
Lands, Tenements, &:c.of any person whatsoever except such per-
sons soe selling or their ancestors, or they by whome he or they
claime, have been in possession of the same or the Reversion or
Remainder thereof, or takes the Rjnts or pro'Atts thereof by the

528 PROVINCE OF NEW-HAMPSHIRE. [1707.

space of one whole year next before such Bargain or Grant made.
Now it is most certaine and undeniable that the Defendant and
liis Ancestors, and noe other persons whatsoever, have been in the
Improvement or possession of the Land in controversie : And it
was never soe much as pretended by the Appellant himselfe, that
Robert Tufton Mason, deceased, was in any way in possession of
the Land in controversie within one yeare or indeed any time be-
fore the time that the Appellant's father pretends to have pur-
chased of the said Robert Mason; and all the mischeifs and
inconveniences, provided against by the Statute of the 32'^ of
Hen : 8*, by means of the Appellant's father purchasing the pre-
tended and bare Title of the said Robert Mason, have been too
true by sad Experience in this Province: viz. the great inquiet-
ness, oppression, vexation, wrongs and disinheritance of her
Majesties loving subjects, — the great displeasure of Almighty
God, the discontentation of her Majestic and the great hinderance
and lett of Justice within this province.

All which matters and things being duely considered by this
Hon''''^ Court and the gentlemen of the Jury, the Appellee doubts
not but that he shall obtaine a confirmation of the former Judg-
ment and costs of Court.

RiCHD. Waldron.

No. V. Patent from King James ye First to ye Council of
Plymouth (1).

[This Document, which is of much length, is published in full
in 1 Haz. Coll. 103-118. ; in

Trum. Hist. Conn. App. Vol. 1; in Popham, (Me.) Ceb. pp.
110-118; and an abridgment by Hon S. D. Bell, in Prov. Pajjers,
N. H. Vol. I. pp. 4-9, which see.— Ed.]

(1) November 3, 1620, King James the First by Letters Patent under the Great
Seal, in the eighteenth year of his Reign, constituted a Council, consisting of forty
noblemen, knights and gentlemen, by the name of " The Cmincil established at Ply-
mouth, m the County of Devon, for the planting, ruling and governing of Neiv Eng-
land, in America." This Patent or Charter, which is the foundation of all the grants
that were made of the country of New England, included, " All that.part of America,
lying and being in breadth from forty degrees of northerly Latitude from the Equi-
noctial Line, to the forty-eighth degree of the said Northerly Latitude, — and, in
length, of and within all the breadth aforesaid, throughout all the main lands, from
Sea to Sea."

1707.] ALLEN VS. WALDRON. 529

No. VI. Grant from the Council of Plymouth to Capt. John
Mason, IG-JO (1).

[Tills Docuiueiit is publisliod in full, " Prov. Papers, X. II."
Vol. I. pp. 21-26. Also Coll. N. II. Hist. Soc. Vol. 1. pp. 304-310,
which see. — Ed.]

No. VII. Grant from the Council of Plymouth to Capt. John
Mason, 22 April, 1635 (2).

[This Document is published in " Prov. Papers, N. 11." Vol, I.
pp. 32-33.; in Coll. N. II. Hist. Soc. Vol. I. p. 311-312. Also iu
Hubbard's N. E. 231.— Ed.]

No. VIII. Acct. of men, stores, &c. left by 3fason's agent.

[This Document is published in Vol. I " Prov. Papers, N. II."
pp. 113-115. Also iu Adams' Hist. Portsmouth. App. No. 1. pp.
3'J3-4.— Ed.]

No. IX. Evidences, viz.

Geo. Walton, Nathl. Boulter & Jno. Iledman, Francis Small.

[The ** Evidences " of the above named are published in full, in
Vol. I. '' Prov. Papers,'' pp. 45-48, Nos. 16, 17, 18,— which see.—
Er.]

No. X. Langster-s & Palmer's Evidences.

Henry Langster of Bloody Point, of Dover in this Province,
aged ninety years or thereabouts, testifieth and saith, y' ab' the
year one thous'^ six hundred and thirty five, he arrived att y^ port
of Piscataqua River, in y^ service of Capt. Jn" Mason, & y' he
lived two years iu y** service of said Mason, with Mr. Walter
Neal, one of y° agents of said ]\Iason att Little Harbour, then
called Randevous ;* Dated att Portsmouth y" 9"' May, 169'J.

(1) This Grant, made the 7th of November, 1C29, comprised "all that jiart of tlie
main Land in New England, lying upon the Sea-coast, beginning from the middle
part of Merrimack River, and from thence to proceed northwards, along the sea-
coast, to Piscataqua IHi'er, and so forwards up within the said river, and to the fur-
ther head thereof; and from thence North-westwards, until three-score Miles be lin-
ished from the first entrance of Piscataqua river; and also from Merrimack, through
the said rirer, to the farthest head thereof; and so, forwards up into the land vestward
until three-score miles be finished; and from thence, to cross over land, to the three-
score miles end, accounted fnim Piscataqua rirtr, tcgetlicr with all Islands iind Islets
within live Leagues distance of the premises, and abutting upon the same or any part
or parcel thereof."

(2) Tliis Grant to Mason, "extended from Naumkeag (Salem), to P'scataqua, and
sixty miles northwestward within the land, together with the south half of the Islea
of Slioals, and tea thousand acres at Sagadahock," (Me.)

* See Prov. Papers, Vol. I, (No. 17) p. 83.

530 PROVINCE OP NEW-HAMPSHIRE. [1707.

And y* there was a ^

considerable stock of cattle, >

reported to be Capt. Jn° Mason's. ) Hen, Langster.

Sworn in Court, May 10'»», 1699.
Vera Copia, Pr. Curiam, Sampson Sheafe, Clk.

Attest, KiCHD. Partridge, Clk.

Christopher , Palmer, aged seventy- three or thereabouts, testi-
fieth and saith, y' Mr. Gee* & severall other men whose names I
doe not remember, lived at Little Harbour, & y' they were re-
ported to [be] agents and serv** to Capt. Mason, deceased, and
had au house att Little Harbour aforesaid, called Randevous, and
y' they had in y"^ possession (in y"" possession) several head of
divers sorts of cattle w*"*^ were reported to belong unto said Capt.
Mason.

Sworn in Court, y^ tenth day of May, 1699.
Yera Copia, Pr. Curl™, Sampson Sheafe, Clk.

Attest, Richard Partridge, Clk.

Henry Langster, above ninety years of age, testifieth y' ab* y^
yeare 1635, he came w* oth'"'* from Eng'<^ & served att Little Har-
bour, under y^ comaud of Capt. Neal, agent to Capt. Jn° Mason,
& y' sometime since, one Ralph Gee ke^it Cattle y"" for s*^ Capt.
Mason ; & others w* himselfe were imployed in making Staves
&c. & y* y"" s"! Capt. Neal did build a fort on Great Island wliiles
agent for s"^ Mason.

Sworn y^ 3*^ June, Theo. Attkinson ? Justices of

170-t before us & David Joseph Smith \ the Peace.

Lawrance was notified
to be present.

Prov. N. Hampsh^^

The within three Evidences, viz. Henry Langstaf, Chr. Palmer
& H. Langstaff, have been compared and are true coi)ias from the
Superiour Court's files, the 9"^ July, 1706.

Pr. Theodore Atkinson, Cler.

No. XI. Ifajor Pikers Evidence.

Major Rob' Pike, Esq. aged about eighty eight years, testifieth
and saith, that he was well acquainted with Capt. Walter Neal,
Mr. Henry Jocelyn, Capt. Francis Norton, Mr. Sampson Lane,
when they lived | at Piscataqua above fifty or sixty years past, att

* See Prov. Papers Vol. I. [No. 17] and p. 113.
t The last figure is obscure — it maybe 4.

t See the foregoing names in Vol. I. Prov. Papers, p. 113. Also, Ad. Annals, Ports-
mouth, p. 18. — Ed.

1707.] ALLEN VS. WALDRON. 531

which time tlicy lived att Piscataqua in y" Kiglit of Capt. Jolin
Mason, aucl were agents (as was reported commonly) for him or
his heirs, and that Capt. Neale lived in the Stone house att the
mouth of Piscataqua river, of late called Little Ilarhour, and was
always called Capt. Mason's Stone house ; and that some time
since one Mr. Gee lived in s*^ house in the Riglit of Capt. Mason,
& y' afterwards Joseph Mason, agent for Mrs. Ann Mason, wid-
dow of s*^ Capt. Mason, lived att s'' house, att y" mouth of y** river
afores"^ in Eight of s<i Mrs. Ann Mason aforesaid, and that this
Deponent lodged one night in said house with said Mr. Joseph
Mason, he being imployed by said Joseph Mason to assist him in
Mr. Mason's affairs, above iifty years past; and the Deponent fur-
ther saith that the above named Capt. Norton, and one Capt. War-
nerton & Sampson Lane did all live in Piscataqua upon the Right
of Capt. Mason, but cannot be positive of the name of the house
they lived in, and that the Deponent bought of one Willcott, one
of Capt. Mason's sei-vants, one heifer for which he paid eighteen
pounds, and that his wife before her marriage bought of the oth'
servants three of said Mason's cows, and paid seaventy five pounds
for them to Mr. Gee ; and that there was then a stock of neat
Cattle belonging to Capt. Mason which said Norton carried away
& further saith not.

RoBT. Pike.
Pro. Mass. Essex, ss.

Maj. Rob' Pike, Esq. p'sonally appeared before me the sub-
scriber, & made oath to all above writtin, this 29"^ day of May,
1704: Attest, Jos. Woodbridge, J. Peace.

Pro v. Xew Hampshire.

Vera Copia — from the Superiour Court files compared the 9"^
July, 1706.

Pr. Theodore Atkinson, Clk.

No. XIL Ifason's Will, 1635.

[This Document is here omitted, because the entire substance
of the AVill is published in Vol. I. ''Prov. Papers," pp. 41-44-.
Capt. John Mason died between Nov. 26, 1835, when his Will was
dated, and December 22'', 1835, when the s'^ Will was proved. — Eu.]

No. XIII.

/Sir Jeffrey Palmer^ s opinion: Atto7'ney General of his 3fajesty.
[This Document is published in full in Coll. N. H. Hist. Soc.
Vol. I. pp. 328-329. '' Tiie opinion" of Sir J. Palmer is, that by
virtue of grants made to Capt. John Mason, ''Robert Mason, who

532 PROVINCE OF N^W-HAMPSHIRE. [1707.

is grandson and heire to the said John Mason, hath a good and
legal riglit and title to the lands above conveyed by the name of
New Hampshire." Dated, 8"^ November, 1600.— Ed.]

No. XIV.

Sir Wm. Jones, Attorney- General, and Sir Francis Winnington,
Solicitor- General. — Their Report concerning Robert Mason's Title
to the Province of New Hampshire, in New England, 17"^ May,
1675.

[This Document, like the preceding, recites the several grants
made to Capt. John Mason, and in conclusion says, "We are
humbly of opinion, that the now Petitioner, Rob'. Mason, who is
grandson & heir to the s"^ Jno. Mason, hath a good and legal Title
to the lands above conveyed by the name of the Pro : of New
Hampshire." — Ed.]

No. XV. Writ against Waldron.

[This "writ" is published in full in Prov. Papers, Vol. I. pp.
467-8. See also pp. 509-516.— Ed.]

No. XVI. Judgment of Court.

Att a Court of Pleas held at Great Island, the 6"' of Nov""", 1683.

Rob' Mason, Esq. Proprietor, PI', against Rich'^ Waldron, of Co-
checho, Esq. def ', in an action of Trespass, for Illegally keeping
him out of possession of certaine Lands & Tenements in Coche-
cho, afor"'^, the Jury find for y'' PI' the Land sued for, according
to the Royal Commission, Tenn shil. damages, and Costs of
Court.

Judgm' for the PI' accordingly : y"^ costs are six pound, four shil.

& eight pence.

A True Record,
RiCHD. Chamberlyn, Clk.
Pro. New Hamp*"".

Vera Copia of what's on file in y* Inferior Court of Common
Pleas at Portsm°.

Pr. Cur" Hex. Penny, Clk.

No. XVII. Execution.

New Hamp".

To the Sheriflf of y^ Province of New Hampsh"".
In his Maje*^ name, you are hereby required by Execution, to
Levy on y^ estate, or for want thereof, y'= body of Ric'' "Waldron,

1707.] ALLEN VS. WALDRON. 533

of Cochecho in Dover, Esq. the sume of ten shillings for damages,
and six pounds, four shillings eight pence cost, with two shillings
for this Execution; and also to deliver possession of y'' lands and
Tenements sued for, according to a Judm' of y" Court of Pleas
held att Great Island, the sixth day of NoA-ember last, given for
Robert Mason Esq. proprietor of the said Province. Faile not,
and make your return according to Law. Dated the twelfth day
of :March 1683-4.

Pr. Cur'" R. Ciiambeiilaix.

To Mr. George Pearson,

Deputy Sheriff.
John Tufton, Sheriff.

Portsm-^ Aug. 17"' 1704.
A true copy from y" originall on file.
Attested by Saml. Penhallow, Recorder.

No. XVIII. Dedimus from Boston.

James y** Second, by the Grace of God, of England, Scotland,
France & Ireland, King, Defender of y« Faith, &c: To our
trusty & well beloved Walter Barefoot, Nathanel Fryer & Henry
Green, Esqs. Greeting:

Whereas, you were lately Justices of our Court of Pleas, in the
Pro : of Newhamsh*" now in our Territory & Dominion of New
England, why 1st the same was our distinct Goverm' and separate
from the i*est of our entire dominion, in w'^'' time Rob' Mason,
Esq. by the Judgm' of our s"^ Court, did recover & have divers
Judgm' against John Heard, senior, of Dover, yeoman, Wm.
Home, of DoA^er, yeoman, Jenkins Joans of Dover, yeoman, Jo-
seph Field of Dover, in Oyster river, yeoman, Charles Adams of
Dover, yeoman, Tho. Roberts of Dover, senior, Wm. Furber,
junior, of Dover, yeoman, John Hall, junior, of Dover, Nathan^
Hill of Dover in Oyster river, yeoman, James Higgins, of Oyster
river, yeoman, Zakery Field of Oyster river, yeoman, Philip
Chesley, junior, of Oyster river, yeoman, Tho. Cheslcy of Oyster
river, yeoman, Nathan' Foulsom of Exiter, yeoman. Rich'' Morgan
of Exiter, yeoman, Kingsley Hall of Exeter, yeoman, Ralph Plall
of Exeter, yeoman. Christian Dolofe of Exiter, yeoman, Eph""
Foulsom of Exiter, yeoman, Philip Cart of Exiter, yeoman, Moses
Levitt of Exiter, yeoman, Jno. Foulsom of Exiter, yeoman,
Eliazer Jelkings of Exiter, yeoman, Jonath. Robinson of Exiter,
yeoman, Jonath" Thing of Exiter, yeoman, Andrew Wiggin of
Swamscot, yeoman, Rich*^ Waldron of Cochecho in Dover, E; q.

534 PROYINCE OF NEW-HAMPSHIRE. [1707.

Humphrey Willson, of Exiter yeoman, Wm. More of Swamscot,
junior, yeoman, Rob* Burnham of Oyster river. Carpenter, Dan'
Lamprel of Hampton, yeoman, Peter Foulsom of Exeter, yeoman,
John GihTian, junior & Ephraim Foulsom of Exeter, yeoman, Tho.
Pickering of Portsm" yeoman, Sam' Keis of Portsm° hatter, John
Fletcher of Portsm"* Chii'ergent, Jno. Hunckings of Portsm", AVm.
Earle of Portsm° yeoman, Jas. Partridge, senior, of Portsm" yeo-
man, Jno. dickering of Portsm" yeoman, Wm. Cotton of Portsm°
yeoman: severally as well, for y*^ jiossession of divers Lands &
Tenements in ther several possessions, or for his costs & charges
by him about his sayd suets against them severly expended: And
whereas, that since y" time, and before any of the s*^ Judgm''' were
executed. Wee have thought fitt to annex our s'' Pro : to our s'' Ter-
ritor)^ and dominion of New England, and make it appart of y®
same, wherebj' as well the said Rob' Mason, as other the Inhabit-
itants of our s'' Province are subjected to the dispensation of our
Lawes as they ar generally administered to our subjects in our s'^
dominions : And whereas the s'' Robert Mason hath prayed us to
provide him of a meet remedy in this behalfe; AVee, to that end,
deeming it expedient that our Justices of our Superior Court of
Pleas of our s'' Dominion, of the Records, prosses and quarrels
afoi'e^'' may be made certaine, command you, that the Records,
prosseses afor^'' togeather with the wrytt concerning y" same, and
all other things y** premisses in any wise touching or concerning,
to our 8*1 Justices of our s^ Superior Court, distinctly and plainly,
without delay you send, and this wryt, that, these things being
inspected further, may be done that, w'^'' according to Law ought
to be done.

AVitness, Joseph Dudley, Esq. att Boston the 13"^ day of July,
in the 4"^ year of our reigne. Anno Dom. 1688.

Vera Copia from what's on file in the office of the Inferior Court
of Common Pleas at Portsm". Pr. Cur™ Henr Penny, Clk.

[Note.— Connected on file with the foregoing " Dedimus," is the copy of a " Man-
damus " by which, in 168b, Robert Mason was admitted to a seat in the Council, under
President John Cutt.—Frov. Pap. Vol. I. p. 420. Farm. Belk. App. pp. 457-8.— Ed.]

1707.] ALLEN VS. WALDRON. 635

No. XIX. Tufton Ilason's* Deed to Samuel Allen.

[This Deed, being in connection with this suit a document of great value,
is here printed in full. No printed copy of it, elsewhere, is known to the
Editor.]

This Tiulcnture made the Scavcii and Twciityeth day of Aprill
iu the Uiird yearc of the Reigue of our Soveraigue Lord and Lady,
William and Mary, by the Grace of God of England, Scotland,
France and Ireland, King and Queen, Defenders of the Faith, &c.
Annoq. Doni: 16'Jl, Between John Tufton Mason and Robert
Tufton Mason, sons of Robert Tufton Mason, Sometime of the
Parish of St. Martin's in the Fields in the County of Middlesex,
Esq", deceased, of the one part ; And Samuel Allen of London,
merchant, of the other part ; — AVitnesseth that for and in consid-
eracon of the sume of Two Thousand Seaven Hundred and Fifty
Pounds of Lawfull mony of England, to them the Said John Tuf-
ton Mason and Robert Tufton Mason now in hand, paid by the Said
Samuell Allen, the receipt — whereof they doe hereby acknowl-
edge and thereof doe accquitt and discharge the Said Samuell
Allen, his Exct% Adm" and Assignes: And for diverse other
good Causes and Valueable consideracons them thereunto Especi-
ally moveing, they the said John Tufton Mason and Robert Tufton
Mason and each of them Have Granted, Bargained & Sold, and
by these presents doe, and each of them doth, Grant, Bargaine
and Sell unto the Said Sam^ Allen, His Heii'es and Assignes, All,
that Part, Purport and Portion of the Maine Lands of and in New
England in America; — beginning from the Middle Part of Xaum-
keck River, and from thence to proceed EastAvards along the Sea
Coasts to Cape Ann and Round about the same to Pascattaway

*For the following notice of the Mason family, I am indebted to C. W. Brewster,
Esq. in his " Rambles about Portsmouth," p. 130.

1. Capt. John Mason (original proprietor), married Anne Wallaston, and died
[about] Nov. 26, 1635.

2. John Tufton, m. Anne Mason, dau. of John.

3. RoREUT Tufton, son of John, who took the surname of Mason, was born 1C2!),
came to this country, 1080, and brought his two sons John and Robert. John was
drowned in Virginia. Robert Tufton, d. at ^^Ssopus, N. Y. in 16t<8, aged 51).

4. RoHKKT Tufton Mason m. Catharine Wiggin. In 1601, he [with his brother
John] sold his estate in New Hampshire to Samuel Allen of London. Ho died at sea
leaving two children, Elizabeth and John Tufton.

5. John Tufton Mason m. in 1711, Susannah rierco. He died in Havana, in
1718. His widow m. A. Martin, and their son was Capt. Thomas Martin of Portsmouth.

6. Coi. John Tufton Mason, b. in Boston, April 20, 1713. m. Maria Theresa Van
Harts Bergen. Their cliil. were Sarah, Catherine and Anna Elisabeth. In 1746 he sold
his title to the lands in New Ham[ishire. He d. in Bugden, Eng. Aug. 8, 1787, aged
74. His dau. Anna Elin. m. Peter Livius.

536 PROVINCE OF NEW-HAMPSHIRE. [1707.

Harbor, And soe forwards up within the River of Newichawan-
ock, And to the furtliest head of the Said lliver, and from thence
Northwestward till Sixty miles be finished from the first entrance
of Pascattaway Harbour; And also from Naumkeok throngh the
lliver thereof, up into the Laud west Sixty miles; from which
Period to Cross over Land to the Sixty miles accounted from Pas-
cattaway through Newichawanock River to the Land Northwest-
ward aforesaid. And also all that the South halfe of the Isle of
Shoales, together with all other Islands and Isletts as well imbaid
as adjoyneing lying or abutting upon or near the premises or any
part or parcell thereof, — within Five Leagues distance, not other-
Avise Granted to any by Speciall Name at any time before the
Eighteenth day of Aprill one thousand Six hundred and Thirty
Five : All which part and porcon of Lands, Islands and premises
are called by the Name of New Hampshire or the Province of New
Hampshire: And alsoe all that other parcell or portion of Lands,
Woods and wood Grounds, lying on the Southeast part of the
River of Sagadahock, in the Northeast part of New England
aforesaid, at the mouth or entrance thereof, containing there Tenn
thousand Acres, which Said other parcell of Lands is called and
Known by the Name of Masonia: And alsoe that part and portion
of Land in the Province of Maine, in New England aforesaid, be-
ginning at the entrance of Newichewanock River and soe up-
wards alongst the said River And to the furthest head thereof, and
to containe in Breadth, through all the Length aforesaid, three
Miles within the Land from every part of the said River, And
halfe way over the said River. And alsoe all that part of the Sea
Coast of New England aforesaid, being a Great head Land or
Cape and lying in the Northermost Part of the Massachusetts
County and to the North Eastwards of the Great River of the
Massachusetts, Stretching it selfe out into the Sea Eastwards, Five
Leauges or thereabouts, and lying betwixt the Latitude of Forty
two & Forty tln-ee degrees or thereabouts, and Comonly called or
known by the Names of Cape Trabigranda or Cape Ann, with the
North, South and East Shoares and Coasts thereof, the back
Bounds thereof towards the Maine Land beginning at the head of
the next Great River to the Southwards of the said Cape which
runns into the Country of the Maine Land upwards westward,
And supposed to be called Naumkeck or by what other Name or
Names, the Said River is or may be called and soe forth East-
wards into the Sea; and to the uttermost parts of the Said head
Land or Cape and Round about the same to the Northwards — &
from thence along the Sea coast to the next Great River which

1707.] ALLEN VS. WALDRON. 537

runii^ lip into <lic Maine LjukI westward and Supposed to be
called MtMiimack, or by wliat other Name or Xunios the said Kiver
is or may be called, and Lyin<>- to the Northwestwards of the said
Cape, and to the furthest head of the Said River; from Avhich
period to Cross over Land to the head of the other Great liiver
which lyes Southwards of the aforesaid Cape, where y" Pambu-
lacon boyan, and halfe way over (that is to Say) to the midst of
cither of the Said two Rivers which Bounds & Limitts the afore-
said Lands, both on the North and South thereof, together with
the Great Isle or Island called Isle Mason lying neare or before
the bay, Harbour or River of Aggawom, Together alsoe with all
the Sects, Isles or Islands adjoyneing to any part of the precincts
of the Lands aforesaid or lying within three Miles of any part of
the Same ; Avhich said Part of the Sea Coast, Great Head Land or
Cape, with the App"^ are comonly called or known by the name
of Mariana: And alsoe all those Lands and Countries lying adja-
cent or bordering upon the Great Lake or Lakes or Rivers corn-
only called or known by the name of the River & Lake or Rivers
and Lakes of the Irroquois, a Nation or Nations of Salvage Peo-
ple inhabiting up into the Landwards betwixt the Lines of West
and Northwest, conceived to Pass or Lead upwards, from the
Rivers of Sagadahock and Merimack in the Said Country of New
England, together alsoe with the Lakes and Rivers of the Irro-
quois and other Nations adjoyneing, the Middle Part of which
Lake is Scituate and Lying near about the Latitude of Forty Four
or Forty Five Degrees I'eckoned from the Equinoctiall Line North-
wards, and alsoe all the Lands, Soyle and Grounds within tenn
Miles of any Part of the Said Lakes or Rivers, on the South
East Parts thereof: And from the West end or Sides of the Said
Lakes or Rivers soe far forth to the West, as shall extend halfe
way into the next Great Lake to y** Westwards. And from thence
Northwards unto the North side of the Maine River; which run-
neth from th3 Great and Vast Western Lakes and falleth into the
River of Cannada, including all the Islands within the Precincts
or Pambulacou described, w'='^ Said Porcons of Lands, Rivers, and
Lakes with the App"^ are Comonly called & Known by the Name
of the Province of Laconia. And alsoe all those Towns, Villages,
Ports or Places called Portsmouth, Hampton, Dover, Exiter,
Little Harbour; Greenland, Salisbury, Old Salisbury, Concord,
Sudbury, Redding, Billerikey, Gloucester, Cape Ann's Town;
Ipswich, Wenham, Newberry, Rowly, Ilaverill, Andover, Bass
Town; Wooburne, and all other Townes, Villages and Habitable
Places, Scituate Standing or being in the Said Province of New

538 PROVINCE OF NEW-HAMPSHIRE. [1707.

Hampshire ; P'cells of Land, Wood and Wood Grounds called
Masonia: Part of the Said Province of Maine Tract of Land
called Mariana, Isle Mason, and Province of Laconia, or any of
them. And alsoe all the firme Lands, Soyles and Grounds as well
Under water as above Avater; And Dry Shoares, Creeks, Havens,
Hai'bors, Bays, Ports, Rivers, Lakes, Floods, Waters, Mines and
IMineralls, as well Royall Mines and Mineralls of Gold and Silver,
as other Mines and Mineralls ; be they such Mines and Mineralls
or Veines of Metall as are Close and hidden in the Earth or openly
seen in or upon the Earth (Saveing ouely the Fifth Part of all the
Oar of Gold and Silver to remaine to their Maj*"^^ their lieires &
Successors) All Qualifies, Pretious Stones, Pearls, Amber Griss,
Pine Trees, firr Trees, Oakes, and all other Timber Trees, Trees,
Woods, Underwoods and all Fishings of what kinde or kindes of
Fish Soever, whether Royall Fish, as Sturgeons — Wliales, or any
other Fish by whatsoever other Name or Names, they or any of
them are or shall be called or known ; Hunting, Hawking, Fowl-
ing, and all and Singular other Perogatives, Rights, Comodities —
Jurisdiccons, Royallties, Priviledges, Franchises, Liberties, Pre-
heminences. Marine Power, in and upon the Said Seas, Lakes and
Rivers: And alsoe all Escheats, Casualities, Flotzam, Jetzam
Lagan, Anchorage and other SuchDutyes; all Immunities, Sects,
Isletts — P'quisites, and profitts of Courts, Deodans, Waves —
[Waifs?] and Stray Goods of Felons, and Fugitives, Escheats,
Casuall profitts, hereditam*' and App'* whatsoever, Scituate, lying,
being. Arising, happning, accrewing or to be had, taken or enjoyed,
or any ways belonging or appei-taining into, upon, Avithin, unto, or
out of the Said Province of New Hampshire, P'cells of Land,
Wood and wood Grounds, called Masonia ; part of the Said Prov-
ince of Maine, Tract of Land called Mariana, and Isle Mason,
Province of Laconia or any of them. And alsoe all other y'' Prov-
inces, Mannors, Tracts, Porcons, or Parcells of Land, Islands,
Townes, Villages, Habitable Places, Meadows, Pastures, Woods,
Lands, Tenem'% Piscories, Liberties, Royalties — Prerogatives and
Hereditam*^ whatsoever and of what Kinde or Nature soever in
New England or Amei'ica aforesaid, whereof, wherein, or where-
unto they the said John Tufton Mason and Robert Tufton Mason
or either of them or any in trust for them, are seized, possessed or
have any Estate, Rights, Title, interest. Equity of Redemption,
Claime or demand whatsoever ; And alsoe all the Reversion aud
Reversions, Remainder & Remainders of and in all and every the
Hereditaments and P'mises in and by these P'sents Granted or
menconed to be Granted, and all the Rents at the Rate of Six

1707.] ALLEN VS. WALDRON. 539

Pence or any other sumc by the Acre, And all otlior Clieife
Rents, quitt Rents, or other Rents, Reservacons, Services, Issues,
and Prolitts, Reserved, due, payaljle, Issueing- or Ariseing out of
all & every or any of the Said hereditaments and P'misses in and
by these Psents Granted or menconed to be Granted; And alsoe
all those Letters Pattents heretofore Granted by his Late Maj"*
Kin<^- Charles the first, unto Cap' John Mason, Esqr. Great CJ rand-
father or Ancestor of them the said John Tufton Mason, and Jiob-
ert Tufton Mason, beareing date on or about the Nineteenth

day of Augt. in the Eleaventh year of his said Reigne. And alsoe
all those other Letters Pattents, heretofore Granted by his late
Maj'''= King Charles the Second, for and concerning the Governm'
of the Said Province of New Hampshire, beareing date on or
about the Eighteenth day of September in the one and Thirtyeth
year, of his Said Maj''*^^" Reigne: And all other Letters Pattents,
Royall AVarrants, Royall Commissions, and Royall Lettei's at any
time heretofore Granted of for or concerning the said Provinces,
tracts of Land, hereditaments and P'misses in and by these Psents
Granted or menconed to be Granted, or any of them: And all
Rights of being absolute Lord and Proprietor of the Said Prov-
inces, Tracts of Land, hereditam'* and P'misses or any of them;
and all Royall and other Rights, Powers, Liberties, Authorityes,
Jurisdiccons, Royalties, benefitt, Advantages, and other Matter
and things whatsoever in and by the said Letters Pattents, Royall
warr'% Royall Commissions and Royall Letters or any of them
Granted or menconed to be Granted. And all the Estate, Right,
title, interest. Power, Authority, Claime and demand whatsoever
of them the said John Tufton Mason and Robert Tufton Mason,
or either of them, of, in, to, or out of, all and every the Said
Provinces, Tracts of Land, Townes, Villages, Habitable Places,
Letters Patents, hereditaments and p'misses in and by these psents
Granted or menconed to be Granted or any of y'" : And alsoe all
Deeds, writings, Rentalls, Accounts, Papers and Evidences what-
soever, anj' ways i*elating unto, touching or concerning the same
]\creditaments, and P'misses : To have and to hold the said Prov-
ince of New Hampshire, P'cells of Land, wood and wood Grounds,
called Masonia : Part of the said Province of Maine, Tract of Land
called ]\Iariana, and Isle Mason, Province of Laconia, and all &
every the Said Townes, Villages, Habitable Places, Letters Pattents,
and all and Singular other the hereditam^ and Pmisses in & by
these p'sents Bargained and sold or mentoncd or intended to be
bargained & sold unto the said Samuel Allen his heircs and As-
signs forever, to the onely use and behoofc of him the Said Sam-

540 PROVINCE OP NEW-HAMPSHIRE. [1707.

uell Allen, his heires and Assignes for ever And to and for Noe
other Use intent or purpose ^yhatsoever, In Wittnesse whereof
the Said Parties to these p'sents Interchangeably their Hands
and Scales have sett the day and year first above written.
Recog'^ 27"^ Apr. 1691.
P Jo: TuFTON Mason.
Robt: Tufton Mason.
Jo. Edisbury.
John Tufton Mason, Robert Tufton Mason, Samuel Allen.

Sealed and Delivered

In P'sence of

Dan" Withers,
W" Lindsey,
Rich'i Witton,
Sam" Wilson,
W™ Linsey,

Mason, Tufton John etals.
&
Allen.
Vera Copia,
Rich. Partridge, S. C. Clk.

[There is an endorsement in Latin, illegible, signed by Andream YonxG,
Reg'ry. — Ed.]

No. XX. Sundry Evidences. — [Mr. Waldron's.]

The deposition of James Ordicay, Senior, of Newberry, in the
County of Essex, in the Province of the Mathathusetts Bay in
New England, of full age, Testifyeth:

.That sixty three years ago, I went with Major Rich'^ Waldron,
and he with some others began the plantation comonly called Co-
checha, of Piscataqua River, and then, as his serv' I help' him to
break up land, and built a dwelling house, upon w"^'^ spott of land
he dwelt all his life time, and dyed on said place.

In about two or three years after his first settlement, that he
built a saw-mill and a come mill, on the river comonly called
Cochecha river, att y* Falls on s"^ River. And I never knew or
heard, y" ever y^ s*^ Waldron dwelt there but in his own right ;
never any man making any clayme thereunto, y" ever I heard of,
untill now of late by Esq. Mason.

1"<^"] ALLEN VS. WALDRON. 541

Jaiiios Ordway, souior, aj)p(^ir('(l this Ci"' day of Fob^, 1704, and
gave oatli to all y" is above writeii — bt'Torc me,

Tiio. NOYES, Justice of Peace.
Pro. New Hamps''.

Vera Copia, Compared with y* files of the Supcriour Court, this
14"' April, 1707.

Pr. TiiKO. Atkixsox, Clk.

Prov. Xew Ilamp".

Vera Copia from y'= records, att y* Inferior Court of Common
Pleas in Portsm".

Pr. Cur-" Henry Penny, Clk.

Jtimes Emery, aged about seventy three years, who lived form-
eiiy in y*^^ Town of Dover, in y'^ Pro. of Now Ilamp'', but now of
Dedliam, of y" Pro. of Matliathusetts Bay in New England — Tes-
tifyeth & sayth, ytt he did formerly live w* y® late Major Rich"^
AValdron, at Cochecha, in afors*^ town of Dover; and y" he did
certainly know y*" s'^ AValdron to have poss'ion of y* Land on boath
sides of y'' liiver att Cochecha, Avher some years after the s*^ AVal-
dron built a saw mill, & a grist mill on one side of y" river, and a
saw mill on y'^ other side of y"^ River, and y" y^ s*^ Waldron had the
possession of y'^ afors"* Lands in his own right for sixty years past
and upwards, and built and lived thereupon. The deponent lived
Av"' his father about three or four miles distant from y*" b'' Rich<i
Waldron's settlement afores'^, and was frequently there ; and about
fifty eight years last past, the deponent lived for some time iu s*
AValdron's house, and wrought for liim ; and severall years befor
the deponent came to live w"' him, he had thirty acres or more of
Land lying on y" north side of Cochecha River, within fence, &
improved for Planting & sowing, besides what he had on y" south
side of y'= River.

James Emery.
Boston, in New England, b^^ Feby 1704-5.

Jura* Coram, Isaac Addington, J. Peace.

Prov. New IIamp^

Vera Copia, from y" Superior Court fyles Compared this 14">
April, 1707.

TiiEo. Atkinson, Clk.
Vera Copia from the fyles of y"= Inferior Court of Comon Pleas,
in Portsm". -

Pr. Cur"* Hen : Penny, Clk,

The deposition of Henry Langster, aged about ninety years,
Testifyeth & sayth:

542 PROVINCE OF NEW-HAMPSHIRE. [1707.

That Major Eicli'^ Waldron, Esq., deceased, father of Rich'^
Waldron, the def, was in Possession of y^ Land in controversy-
above sixty years ago, & continued in y" Pos'sion thereof, untill
his death : since w'^'^ the afore'"^ Rich'^ Waldron, his sonn and heir,
has continued in the i)Ossession of s"^ Land to this day.

Tho. Bobert, aged about 65 years, Testifyeth to tlie truth of the
possession of the Land above writen for fifty years last past.

13'i» August, 1700.
Bouth parties being p''sent, the above depositions was sworne to
befor Jno. Smith, and the rest of the Justices of the Inferior
Court.

Pr. Cur™ RiCHD. Partridg, Clk.

Vera Copia, Attest, Rich"^ Partridg, Clk.

Pro. New Hamp"". Yera Copia from y^ files of y^ Superior Court^
compared this 14"^ April, 1707.

Theo. Atkinson, Clk.

Pro. New Hamp'. Vera Copia from the files of the Inferior
Court of Comon Pleas att Portsm".

Hen: Penny, Clk.

The deposition of Tho. Bohcrts, aged about seventy years, Tes-
tifyeth & sayth :

That Major VdcbP- Waldron, deceased, father to Ric-^ Waldron,
the def ', was in possession of the land in Controversie above sixty
years agoe, and continued in the possession therof untill his death ;
since w'^'^ the afor**! Ric"! Waldron, his sonn & heir has continued
in the possession of s^ Land to this day.

Sworne in Court, 22-^ March, 1704-5.
Test. — Theo. Atkinson, Clk.

Pro. New Hamp'' — Vera Copia, compared w* y*^ files of the Su-
perior Court, y^ 14"i April, 1707.

Pr. Theo. Atkinson, Clk.

Vera Copia from y'= files y* Inferior Court of Comon Pleas, in
Ports mo.
Pr. Hen: Penny, Clk.

Capt. Jno. Tuttle & Mr. Tlio. Boherts, severally of age, make
Oath y" y'= Land now in Controversie between Sam^ Allen, Esq. &
Rich"^ Waldron, Esq. and w'^'' goeth by the name of Cochecha, is
within y"^ Township of Dover, and is y*^ Land y" Major Rich*^ Wal-
dron, father of the now defen' lived on in his life time, & to tlie

1707.] ALLEN VS. WALDRON. 543

time of liis death, and y" y" now def is in Possession of y» same.

Swonic in Court, 22<i March 1704-5.

Fr. TiiKO. Atkinson, Clk.
Pro. New Hamps''.

Yora Copia from the Superior Court iilcs, compared, the 1-i"^
April, 1707.

Pr. TiiEO. Atkinson, Clk.

Vera Copia from the files of y*^ Infeiior Court of Comon Pleas,
in Portsmo.

Pr. IIi:n: Penny, Clk.

Pro. New Ilamp''.

Att her Maj'^^ Superior Court of Judicature, held for s"^ Prov:
on y« 13"> of Feby 170i-5, & from thence continued, until 22*1 of
March, 1704-5.

Pr'sent.
Jno. Hincks, Jno. Gerrish &

Peter Coffin, Jno. Plasteed, Esqs,

Justices of s'^ Court.

Sani^ Allen, Esq. j)

Conf. > Ejectm'.

Rich'i Waldron, Esq. )

Jury Sworne, viz :

John Loe, forman. Sam^ Tippitts

Jcr. Burnham Edw. Toogood

Jonath. Philbrook Jno. Brackett

Sam^ Marston Nich. Oilman

Geo. Walker Bylee Dudley

Sami Weeks John Downing.

In y'^ s<^ Case, Ric^ Waldron, y^ def then putt in the five pr'sceed.
iug Evidences; as Attest, 14"^ April, 1707.

Theo. Atkinson, Clk.
Vera Copia, from the fyles of the Inferior Court of Comon
Pleas, in Portsmo.
Pr. Cur"' Hen: Penny, Clk.

544 PROVINCE OF NEW-HAMPSHIRE. 1707.

No. XXI.

Her Jfajesty^s & CouncWs Order to find Specially — 1706.

Att the Court Table at St. James,
the IGth day of May, 1706.
Pr'seut
The Queen's most Excellent Maj*y.
His Royall Highness •» Earle of Samford,

Prince Geo : of Denmark, \ Ld. Dartmouth,
Ld. Keeper, Mr. Speaker,

Ld. Treasurer, Mr. Bertee,

Ld. President, Mr. Secri'y Hedges,

' Ld. Stewards, Ld. Chiefe Justice Holt,

Duke of Sclionberg, Ld. Chiefe Justice Trevor,

Lord Great Chamberlin, Mr. Howe,

Ld. Chamberlyn, Lent. Gen'' Erie.

Upon reading this day at the Board, the humble petition of Tho.
Allen, Esq. the only sonn & heir of Sam' Allen, of New Hainp-
shire, deceased, Praying an order of Council made in behalfe of
his s^ father, bearing date y'^ 17* day of December, 1702, may be
renewed in the behalf of the petitioner, touching his Title to cer-
tain lands, or quitt-rents payable out of y'= same, in possession of
Rich'' VValdron, in New Hamps"^:

It is ordered by her Majes'*' w"^ the advice of her privy Coun-
cil, That y'' directions given in y*^ behalfe of the petitioner's s''
father, Sam' Allen, deceased, by her Maje'^ s'' order in Councill,
bearing date the 17"^ December, 1702, affirming y'' verdict «fc Judg-
ment given in the Superior Court in New Hamp"", the 13* day of
August, 1700, be renewed in y'' behalfe of the petitioner, «fc y"
accordingly, the &^ Tho. Allen, the petitioner, be at liberty to
bring a new action in Ejectment, in the Court of New Hampshire.

In order to try his Title to y® Proprietie of y'= Lands in ques-
tion, or certaine quitt-rents payable out of y* same, & y" y*
Jury be directed to find y« matter specially, in case either x)arte
shall require the same — that is — what Title the petitioner, or p'
and defend' doe severally make out to the s'' Lands in question;
and y" y'= Poynt in Law be reserved to the Court beforwliome the
same shal be tryed: or if, upon sucli Tryall any doubt shall arise
concerning the Evidence given at such tryall, such doubts are to be
specially stated, & taken in wryting, to y* end that in case either
party shall think fitt to appele to her Maj'y in Council, from y''
Judgm*of y'^ Court therein, her Maj'y may be more fully informed,
in order to a final determination of the s'' cause. And the Govern''

1707.] ALLEN VS. WALDRON. 545

Lieut. fJovcni'" & Couiicill, of y* suid Province, & Judges of the
Court there for y" time being, and all other pr'sons Avhonic it may
concern, are to take notice thereof and to governc thcmselveg
accordingly.

Einv. Southwell.

15'»» April, 1707.

Vera Copia, Compared
w"^ the Original read in Court

Tr. Cur'" Hen Penny, Clk.

No. XXII. Queen's affirming the JudgmH, 1702.

[The follo-\ving paper is indorsed — "Coppie of y"^ Judgm* of the
Queen & Councill in Confirmation of the Judgment given ag^
Sam' Alhm, in New Hampshire.

Dated the 17"^ day of Xbr, 1702."]

^ r>u^.^^ ,^ At the Court at St. James', the

S Loco r 17"^ day of December, 1702.

) Sigilli C

Present.
The Queen's most Excell* Majestic.

His Royall highness, ? Lord Chamberlayne,

Prince G. of Denmark, \ Earl of Northampton,

Lord Keeper, Earl of Burlington,

Lord Treasurer, Earl of Radnor,

Lord President, Earl of Nottingham,

Lord Privey Seal, Earl of Abington,

Lord Steward, Earl of Bradford,

Duke of Somerset, Ld. Viscount Weymouth,

Duke of Ormond, Lord Ferers,

Duke of Bolton, Lord Pawlet,

Duke of Marlborough, Lord Dartmouth,

Lord Conningsby, Mr. Chau=^ of y* Dutchy,

Mr. Bertie, Lord Chief Jus. Holt,

Mr. Granville, INIas''^ of y« Eowles,

]\Ir. Boyle, Lord Chief Jus. Trevor,

Mr. Sec>' Hedges, Mr. How.

Upon reading this day at the Board, a Report from the R' Hon-
or'''* tlie Lords of the Committee for hearing of Appeals from the
Plantations, dated the 8* of this month in y*' words following, viz:
The Lords of the Committee having, in Pursuance of Ilcr Maj'^
35

546 PROVINCE OF KEW-HAMPSHIRE. [1707,

order iu Councill of the 23'* of July last past, considered the Peti-
tion and Appeal of Samuel Allen, Esq. Proprietor of the Collony*
of New Hampshire, from a Verdict & Judgm' given against him
in the Superior Court of Judicature in New Hampshire, the 13"^
day of August, 1700, in favor of Richard Waldron ; and having
heard the parties concerned in the s*^ Appeal, by their Councill
learned, — Their Lordshii)S agree humbly to Report their Opinion
to her Maj'y in Council, that the said Judgm' be affirmed. But in
regard the s<^ Judgro* is not final in its Nature, that the Appellant
be left at Liberty to bring a new Action in Ejectment in the
Courts in New Hampshire, iu order to try his Title to the Propri-
ety of the Lands iu question, or certain quitt-Rents payable out
of the same ; & that in case, upon such tryall any doubt in Law
sliall arrise, the Jury be directed to find the matter specialh- — that
is, what Tytle the appellant and Defend' doe severally make out to
the s'^ lauds in question; and the poiut iu law bo reserved to the
Court before whom the same shall be tryed ; or if upon such tryall
any doubts shall arise concerning the Evidence given at sucli try-
all such doubts are to be specially stated and taken in wryting, to
the end, that in case either party shall think fitt to appeal to her
Maj*y in Council from the Judgm* of the Court therein, Her Maj'y
may be more fully informed in order to a final determination of
the said case.

Her Majestic in Councill approving the same, is pleased to order
that the said Judgment given in the Superior Court of Judicature
in New Hampshire, the SO*"^ of Aug' 1700, be, and the same is
hei'eby afi3.rmed : But in regard the s<i Judgm* is not final in its
nature, that the Appellant be left at liberty to bring a new Action
in Ejectment, in the Courts in New Hampshire, iu order to try
his title to the propriety of the lands in question, or certaine
quitt-rents payable out of the same, & that in case upon such try-
all, any doubt in Law shall arise, the Jury be directed to find the
matter specially; — that is, what Tytle the Appellant & Defendant
doe severally make out to the s"^ lands in question, & that the
point in Law be reserved to the Court before whom the same shall
be tryed; or if, upon such tyrall any doubt shall arise concerning
the Evidence given at svich tryall, such doubts are to be specially
stated and taken in wryting, to the end, that in case either party
shall think fitt to appeal to her Majesty in Council, from y"^ Judg-
ment of the Court therein, her Maj'"-' may be more full)' informed, 'n\

* This appears to be the first time that New Hampshire is called a " Colonj-," in any
official document. — Ed.

1707.] ALLEN VS. WALDIION. 547

order to a final determination of tlie said case: & y' fiovcni'', Lt.
Govern"' & Council of the s'^ Province, and all other p'sons whom
it may concern, are to take Notice hereof, and to govern them-
selves accordingly.

Edwaud SouTinvKi.L.
Coppie.

No. XXIII. Mr. Tho. Allen's Letter- Attorney to 3Irs. Allen.

[Note. — Thomas Allen, son and heir of Samuel Allen, Esq., deceased, re-
sided in London ; and he gives a power of attorney to his mother, Mrs. Eliz-
abeth Allen, who resided in Hampton, N. XL, to carry on the suit in which he
was engaged. — Ed.]

To ALL People, to whom these p'sents shall come : — I, Thomas
Allen, gent., son and heir of Sam' Allen, late of the Province of
New Hampshire, within her Maj'>'^ Territory of New England,
deceased,* Esq., Greeting: Know Ye, That the said Thomas
Allen, for divers good considerations me thereunto moving, have
made, ordained and constituted, and by these pr'sents, do make,
ordaine and constitute my honoured Mother, Elizabeth Allen,
relict of the said Sam' Allen, my true and Lawful Attorney, for
me, and in my name, and to my use, to enter into and upon (and
Possession thereof to take) all and singular, the messuages, Lands,
Tenements and Hereditaments, with their and every, right, mem-
bers and appurtenances, lying and being within the aforesaid
Province of New Hampshire, or elsewhere within her Majes'^ said
Territory of New England, and which are descended and come,
and doe of right belong to me as heir at Law, to my said deceased
Father, Samuel Allen, or w*''' do, in any otherwise howsoever, of
right belong to me the said Thomas Allen : and of and into which
I the said Thomas Allen now have or hereafter shall or may have
any right, title, estate, possession, reversion, interest, claim or
demand, either in Law or Equity howsoever. Giving and by these
p'sents granting unto my said Attorney full power and authority
for me, and in my name to aske, sue for and demand, all and
every the aforesaid Messuages, Lands, Tenements and hei'cdita-
ments with their and every of their right, members, and appur-
tenances, as also full power in my name, to Eject, Evict, Expcll
and amove all and every the occupyers and Possessors thereof,
and all other person and persons whatsoever claiming or pretend-
ing to claime any right, title, interest or demand of, in or to the
same. And I doe farther, by these p'sents give and grant to my

♦Samuel Allen, Esq., died suddenly, at New Castle, May 5, 1705, aged OU years.

548 PROVINCE OF NEW-HAMPSHIRE. [1707.

said Attorney full power and authority for me and in my name,
to aske,, Demand, receive, sue for and recover of and from all and
every person and persons whatsoever, all such rents or rents,
arrearages of rents and all and every such sum and sums of money
as now are, or hereafter sliall or may be due, owing and payable
to me, the said Thomas Allen, within the sayd Province of New
Hampshire or elsewhere within her Maj'y^ sayd Territory of New
England; and upon recovery or receipt thereof or of any part
thereof in my name, one or more acquittance or acquittances of
receipt and discharg'e for the same, to give, make and execute; as
also full power and authority one or more attorney or attoi-neys
under her to make, substitute and appoint, for the purposes afore-
said. And I doe farther give & grant to my said attorney full
power and authority to make, doe, execute and to suffer to be
made, done and executed, all and every such act and acts, thing
and things whatsoever, for recovery, and receipt of the p'emises,
and every of them, which I myselfe might Lawfully doe, if per-
sonally present: hereby

Katifying, Confirming, approving and allowing, whatsoever my
said Attorney shall Lawfully doe or cause to be done in and con-
cerning the premises.

In witness \n hereof, I have hereunto sett my hand and scale,
this 10"^ day of xiugust, in the Fourth year of the Kcigue of our
Sovereign Lady ANN, by the Grace of God, of England, Scot-
laud, &c. Queen. Anno. Dom. 1705.

Thomas Allex.

fel

Signed, sealed and Delivered

after being duly stamped, in the p'sence of

TiiOKAS Newtox,

David Mason.

Boston, in New England, 5"' December, 1705.

Captain David Mason, personally apijearing, made oath, That
he saw the within named Thomas Allen signe, seal and deliver
the within written Instrument or Letters of Attorney, as his Act
and Deed to the use therein mentioned ; and that Thomas New-
ton, Esq. together with him the Deponent, sett to their hands as
witnesses of the Execution thereof.

Jurat Cor. Isa. Aduingtox, J. Peace.

1707,] ALLEN VS. WALDRON. 649

Boston, 7"' Doc'' 170"). T, John Valentine, Xotai y and Talx'l-
lion* Piiblick, for lier ]\[aj'^ Provinco of the Massat^lmsetts IJay in
New England, by authority admitted and swornc, doe attest,
That Isaac Addington, Esq. before whom tlie proofe of the orig-
inal Letter of Attorney (whereof the within written is a true and
exact coppy.) was taken, is one of her Maj'" Justices of the Peace
for the County of SutRolk within the said Province; before whom
atlidavits are commonly taken and made; and accordingly full
Faith and credit is to be given thereto, in Judgm', Court, «fcc.

Qd. Attestor rogatus.

Jxo. Valentine, Not. Publick.
Indorsed, — " Mr. Tho. Allen's
Letter Attorn^ to Mrs. Allen.

No. XXIV. A Special Venire for the Jury.

[Note. — The indorsement on this paper seems not to correspond with No.
24 in the " Memoranda." — Ed.]

Province of New Hampshire.

ANN, by the Grace of God, of England, Scotland, France and Ire-
land, Queene, &c. To our Sherill' of our Province of New
Hampshii-e, Greeting:

\ Seal I

We Command you, that you cause to come before our Justices
of our Inferior Court of Common Pleas to be held at Portsmouth
for our sayd Province, the tirst Thursday followi)ig the first Tues-
day in March next, Twelve free and legal men of tlie neighbor-
hood within our Province aforesaid. Every one of whome must
have Forty shillings per year at least, or Fifty pounds sterling in
personall Estate, at least. By whome the truth of the matter may
be better knowue, and who are in noAvise by any affinity related
either to Thomas Allen, TiSq. PI' nor to Richard Waldron, Esq.
Def, to make a certain Jury of the countiy, between the parteys
aforesaid, of a plea of Trespass in Firme Ejectment. Because as
well the say"* Eichai-d AValdrou as the aforesaid Thomas Allen,
betwcene whome the said contention is, have put themselves

* TaheUion—a. Secretary or Notary under the Eomau Euji)ire, or in France during
the Old Monarchy.— 7re6. Die.

550 PROVINCE OF NEW-HAMPSHIRE. [1707.

there upon that Jury ; and liave you there then y*^ Names of those
Jurors; and this Writt witnesseth.

Richard Waldron, Esq. at
Portsmouth, the 15* day of January,
in the fifth yeare of our Eeigne.
Anno. Dom. 1706.

Pr. Cur™ Hen: Penny, Clk.
Summoned by virtue of y'^ within Venire to serve as Jurors, y®
persons following :

Messrs. Jn. Partridge, forman, Jethro Furber,

Jno. Dennett, Left. Jno. Gillman,

Epln-am Marston, Tho. Willson,

Sam' Dow, James Gillman,

Jno. Knowles, Hugh Banfull.

Joseph Jones,
Sworne. March 6"', 1706.

IiiCHARD Jose, Sheriff.

The following paper was found on file, with the foregoing, in-
dorsed, -'Jury's Verdict" (23).
Province of New Hampshire.
April the 15* 1707.
Att her Majestie's Inferior Coui't of Common Pleas, held by
Ajurnment att Portsmouth, Mr. Thomas Allen, Esq. plaintif, Mr.
Eicliard AValdron, Esq. defendant, we of the Jury find for the de-
fendant Cost of Court.

Pr. me, John Partridg, Foreman.

No. XXV.

Queen" s Letter, 20th April, 1703, to Govern'' r New Ilmnjyshire, as
to sjjecial verdict [ond waste lands] .
Anne R.
Trusty and well beloved, Wee Greet you well : — Whereas Sam'
Allen, Esq. i)roprietor of our province of New Hampshire, has
lately humbly petitioned us, y" he may be permitted to enjoy the
waste and unimproved lands in our s'^ Province, & y" he may be
quieted in the i^ossession thereof: & whereas itt hath bin repre-
sented to us by our Commiss'"^ for Trade & Plantations, unto
whom we had referred the consideration of the s<* petition: Thatt
upon consulting our Attorney Gen" [our Attorney Gen"?] in rela-

'i-'07.'\ ALLEN VS. WALDRON. 551

tion to the said Allen's title to tliose lands they had received his
answer, that the said Allen hatli a good title thereunto, together
"with his opinion in what manner he may properly assert his Right
(a copy whereof you will herewith receive). Whereupon they
our s'' Commission''^' have further humhly ollered to us, that the
Inhabitants of the s*^ Province (whereof both Judges and Juries
consist) being generally the parties ag'' whom the s'^ Allen is to
contend, That he & those from whom he derives his claime, have-
ing for a long tract of time prosecuted their Right w"^ out
effect, & y" those familys have sustained greatt damage by the s"*
delay they have met w"' in the determination of Justice, we would
be pleased in consideration thereof to signify our pleasure there-
upon to you our Governor in Chief of the s'^ Province : We have
thought it necessary, for the more effectuall removal of all ob-
structions in the Court of Justice, to direct, and do accordingly
hereby direct & require, y" in case the s'^ Allen shall be opposed
by the Inhabitants & hindered from entering quietly into possess-
ion of the s^ Waste lands, & y" on such tryall or tryalls the s<^
Allen doe insist y" the matters of fact be specially found accord-
ingly; and further, that the exemplifications of the Eutrys of all
proceedings & other papers relating to the settling of the Title to
the s*^ lands be delivered, under the seal of the Province to the
partyes desiring the same — To the end, y" upon an Appeal! or Ap-
e alls from the Judgm' thereupon given, to us in Council, we may
be fully informed of those matters, in order a finall determination
thereof. Soe wee bid you, larewell.

Given att our Court at S' James, the 20"' day Aprill, 1703, in
the second year of our Reigne.

By her Majesty's Command,

XOTTIXGIl.VM.

Govern"'' of X. Hampshire.

No. XXVI. Indorsed— '' Col. Aliens Bond to Wahlron;' (tr.

Know all men by these presents, that we Samuel Allen, now in
Portsmouth, Esq., Jairus Ring and James Menzies, both now in
the same place. Gentlemen, alias, Attorneys, are held and lii-mly
bound unto Richard Waldron of Portsm" aforesaid, Esq., in the
sume of fifty pounds Curr' money of New England, to be paid to
the said Richard Waldron, his Exec% Adnr'% or Assigns, to the
which payment well and truly to be made, wee bind us and every
of us, our and every of our heirs, Exec^ and Adm" joyntly and

552 PROVINCE OF NEW-HAMPSHIRE. [1707.

severally, firmly by these p'sents, sealed with our scales. Dated
the 23'! day of March Anno Domini, 1704-5.

The condition of this obligation is such, That whereas the above
named Richard Waldron recovered Judgm' for costs of suite in a
plea of Trespass and Ejectment wherein the said Samuel Allen
Avas p", and the said Richard Waldron, Deft, at her Maj'^^ Supe-
riour Court of Judicature held at Portsmo' for said Province, the
second Tuesday in February last past, and by Adj. held the 2Pt
instant, from which Judgm' the said Samuell Allen, Esq. Appealed
to the next sitting of the Gov"" and Council for hearing Appeals
from said Court: If therefore, he the said Samuel Allen doe and
shall prosecute his said Appeale before the said Gov"^ and Council
to etiect, and pay to the said Richard Waldron what damage and
loss he shall or may recover. That then this obligation to be voyde,
or else to stand in force.

Signed, Sealed & Delivered,
in Court, the day above.

Samuel Allen, [Seal.]
Jakvis Ring, [Seal.]
Ja. Menzies. [Seal,]

Xo. XXVII. Part of Gov. CranfiehVs Commission.

[That part of Gov. Cranfield's Commission contained in this paper may be
found in full, in Vol. I. Prov. Papers, p. 441, — beginning " And whereas sev-
eral of the Inhabitants." — Ed.)

X'o. XXVIII. His 3Iaftijs Letter, 1680.

[This Letter, in full, Vol. I. Proo. Papers, p. 420, is the " Mandamus by
which Robert Mason, Esq. was admitted to a seat in the Council." Comp.
No. XVIII.— Ed.]

No. XXIX. Beco7'ds fro7n Sec'y Story.

[See Couucil and Assembly Records, Vol. III., beginning — " Att a Council
held at Portsmo. on Wednesday, the 30th Augt. 1704," and relating to the
petition of Col. Samuel Allen. — Ed.]

Xo. XXX. JRepealing 2 Acts.

Indorsed — " Copy of the Queen's Repealing two Acts made in the Province
of New Hampshire."

[See Records of Council and Assembly, Vol. III. of Prov. Papers, May
25, 1704.— Ed.]

1"07.] ALLEN VS. WALDRON. 553

No. XXXI. Itccords from Mr. Chamberlain vith hiti Certificate

ab't [p"cccd'"' of Court ?]
New Ilainp""".

To Jiiines Sherlock, Gent. Provost Marshall, or his Deputy:
In his Maj'-'" name you are hereby required to attach the goods
or for want thereof the body of Wni. Yanglian, of Portsni" in llio
s** Prov. Esq., & take bond of hini of one tliousand pounds value,
with sufficient surety or sureties for liis appearance at y*^ Court of
Pleas, to be held att Greatt Island, in the said Prov. on the first
Tuesday in November next ensuing the date hereof, & then and y''
to answer the complaint of Rob' Mason, Esq. proprietor of y" s^
Prov. in an action of Trespass, for illegally keeping him out of
possession of certain Lands & Tenements in Portsm" afores'^ and
felling his woods, to his damage one thousand pounds or wh' shall
justly appearc. Pail not & make y'' return according to Law.
Dated the eighth of October, 1683.

R. ClIAMBERLAIX, ProthoU.

Att a Court of Pleas held att Greatt Island, 6"" of November,
1683, Walter Barfoot, Esq. Judge, Nath^ Fryer, & Henry Green,
Esqs. Justices' Assistants.

Yeudict. The Jury finds for the plaintiff, Robert Mason, Esq,
Proprietor of the Prov. of New Hampshire, the Lauds & Tene-
ments sued for, according to the lloyall Commission, with two
shillings damage and costs of Court.

The Costs are £6:7:2

Entering the Action £1: 0:0

Attachm' & serving 0:3:0

Swearing witnesses 0:1:8

Five witnesses attending five days . . . . 1:17:6

Attorney's fees 0:5:0

Mr. Mason's charges & Expences . . . . 3:0:0

The Avhole . . • 6:7:2

Nath' Weare, of Hampton, yeoman, attached in £500, as in the
writt of Vaughan ; The Jury finds as above, 5 shillings damages,
and costs of Court.

Richard Waldrou, of Cochecho, Esq. attached in £300, as in the
writt of Vaughan, the Jury finds as above, ten shillings dam-
ages and Costs of Court.
Vera Copia from the Court Book.

Test. R. Chamberlain, Prothon.

554

PROVINCE OF NEW-HAMPSHIRE.

[1707.

\_CertiJicate.'\

I, Eicli'^ Chamberlain, Esq. Secretary of his Maj'* Province of
New Hampshire, do luimbly Certyfie, that upwards of thirty six
j)'sons of the Inhabitants & freeholders in y*^ said Pro: have been
sworne of the Jury upon the actions brought by Rob* Mason, Esq.
proprietor, and that several p'sons whom Mr. Mason had sued &
had judgm' ag^' then were afterwards summoned to be of y^ Jury
in y^ like Actions, some whereof were fined for refusing to be of
y^Jury; oth" for BOt appearing, & some desired to be excused
from being put on y'= Jury ; and that in the actions which were
tryed in Ap' & May last, being about thirty, the Jury's found
damages to Mr. Mason from five pounds to twenty pounds, accord-
ing to the value of the land the Def possessed; and that Mr.
Vaughan, nor any other did produce any evidence or Record to
make out a Title.

Yera Co^jia — Test, R. Chamberlain, Secretary.

The JVames of the Jury
Portsmouth.
Sam' Wentworth,
Samviel Clarke,
John Seever?
Richi Webber
Rich"^. Partridge
James Leach, Sen"".
James Rendall
James Leach, jun"".

Great Island.
John Lewis,
Shadrach AYalton,
Joseph Purmott,
Edward Carter,
James Robinson,
Humphrey Spencer,
Thomas Packer,
Jeremiah Hodsdon,
Henry Russell.

men & place of abode.
Dover.

Benj'' Mathews,
John Rand,
Rob' Wattsou,
Steph. Otis,
Edward Leathers,
Wni. Graves.

Hampton.
Henry Roby,
Wm. Marston,
Nath' Boulter,
Tho. Marston
Isaac Marston,
John Redman,
Chs. Palmer,
John Lock.

Exeter.
AVm. Hilton,
Sam^ Hilton,
Francis Lyford,
Sam' Hall^
Edward Sewell,
Charles Hilton.

1"07.] ALLEN VS. WALDRON. 655

Such of (lie .Tiirv as woro cxcoplod ag'' were sAVorn upon a 1 o('/e
Dirc^ that tiiey shall not have i)i'olit or loss in the cause.

Vera Copiu. llicii. Paktuidci:, (Jlk.

Pro. New Hampshire. Vera CojMa from the Supcriour Court
Records ; — Compared the 8"* of June 1704.

Pr. TiiEO. Atkinson, Clk.
Vera Copia, compared the 9"* July, 170-? Tlieo. Atkinson, Clk.

No. XXXII. Several Oaths about JL\ Allen's Possesaiiirj the
Waste Lands, &c.

"Wee whose names ar under writen doe tcstcfye, y* wee being
in Company with Sam' Allen, Esq. as proprietor of y*' Province of
Xew Hampshire, on Wednesday the 22, and Tlmrsday, y"^ 23 of
this Instant December, wee saw the afors"^ Allen enter upon and
lake jiosscssion of y'' wast Lands within y"^ Province of Xew
Ilamjishirc, an occui)iod and improved, by buting down trees,
and by turf and twig, and by grasing his horses as followith: 1.
near a place formerly called "Wiggins brook, counted within
Exeter; 2. near y'= grat hill counted Portsmouth; 3. within half a
mile of Lieut. AVil™ Furber's house, called Dover; 4. Avithin half
a mile of Sevcs mill, counted New Castle; 5. near y*^ litel bors
hcd: all y*^ above menched places named, wee, whose names are
iinderwriten saw Sam^ Allen, Esq. as proprietor take possession
as afores*^, as he saith, in part for the whole lauds onocnpied, and
not inclosed, and further saith not.

John Wadleigh,
Jarvis Ring,
Jonathan Wadleigh,

bis mark.

Ralfe Devcrick, X
Province of New Hampshire :

Capt. John Wadleigh, Mr. Jarvis Ring, ^Ir. Jonathan Wad-
leigh, & Ralf Deverick, above named personally appeared, and
testitieth upon oath to y"^ truth of all above writen this 24"' day of
December, Anno Dom. 1703.

Joseph Smith, Justice of Peace.

No. XXXIII. Indorsed — '' Letter from the Lords of the Council,
22'^ May, 1685, U2J0n if Appeal of Win. Vaughan, ag"*^ Mason.

[This letter is found in full, in Farm. Bclk. App. p. 505; and in
Yol. I. Prov. Pap", p. 574.— Ed.]

556 PROYIXCE OF NEW-HAMPSHIRE. [1707.

No. XXXIV. Sir Edward JVorthei/'s Beport.

[The Report of Sir Ed. Xorthey, Attorney Gen', addressed to
the Lord's Comm'■^ for Trade and Plantations, is founded on the
grant to Capt. John Mason, of April 22d, 1635, — and the sale by
the heirs of Mason, to Samuel Allen, Esq. in April, 1691, and
concludes in these words:]

''Therefore I am humbly of opinion, that the said Samue^
Allen (assignee of the said John Tufton IMason and Robert
Mason) hath by virtue of the said grant a good Title to the Wast
Lands in the s"^ Province of New-Hampshire ; and that all lands
lying uninclosed and unoccupied, are to be reputed Wast Lands,
and that the said Mr. Allen may enter into and take possession of
the same ; and that if he be disturbed in the possession thereof, it
would be proper for him, (her Maj'-'' having courts of Justice
within the said Province) to assert his Right, and punish the tres-
passers by legall proceeding in those Courts ; and that it will not
be proper for her Maj'^ to interpose in this matter, unless the
question concerning the right comes before her Maj'y by Appeal
rom the s'^ Judgm*' that shall be given in the Courts in the said
Province — save that it may be reasonable I conceive, to direct,
that if Mr. Allen insists on it, on the tryalls that may be had for
his settling his rights to the said Province, that the matter of facts
relating to his and the titles of others claiming the same lands,
may be specially found by the Jurys that shall be impannelled in
the s*^ tryalls; that the matters of fact may appear before her
Maj'^', if appeale shall be made from the Judgm' that shall be
given in said Province.

All wch. is humbly submitted to yo'' Lod?' great wisdom,
The 24* March, 170|

Ed WD. NOIITHEY.

No. XXXV. Allen''s Council move that the Jury find sj^ccially.

Province of ?
New Hampshire ^

To the IIon''i«, the Justices of her Maj*-^^ Inferior Court of Com-
mon Pleas, holden at Portsmouth, for the Province of New
Hampshire, afoi-^'^, by adjournment, on the 15"^ of April, 1707.
In the case depending between Tho. Allen, Esq. and Rich'''' AVal-

dron, Esq. Def.
The PI', by James Menzies, Gent, his councill, moved, that it

being an action of Ejectment wherein y^ title of land is con-

cex'ned ; and the PI' deriving liis title from a grant from his Maj'y

!"<>'•] ALLEN TS. WALDRON. 557

Kiiifi" James, y*" first, by Letters Patteiits under y*" great, seal of
Kiiiiland. (o tlio Couiu-ill of I'lyiuoulli, dated tlu; ;>'' day of October,
1()"J0, orantiiiy them all y" part of y'^ main land in America lying
between the degrees of 40 and 48 north lattitudc, with full power
to the s"^ Councill to grant and convey any part of the s'' Lauds,
as they should think titt, under their common seal ; and further
prohibiting all other of his May'^" subjects, &c. to inhabilt, settle
or trade & traflick within any p" of y" land above mentioned,
without special lysencc & liberty from y" s'' Councill, &c. And
afterwards by two grants from the s*^ Council of Plymouth, to
Capt. John Mason, the one dated y« 7* of Novem"", 1629, and
the other y« 2-2'i of April, 1635, for a valuable consideration in
money; and after that tlie Will of the s'^ Capt. Mason to his
grandson Kobert Tuftou ]\[ason, and after that a Deed inroled
from Jiio. and Robert Tufton, sons and heirs of the s"^ Robert
Tufton Mason, to Sam' Allen, Esq. the Pl'^ father, and by suiulry
Evidences proveing tlie pi' Title, by his prcedecessors entering
upon, possessing and improving sundry parts and tracts of Land
in s'' Province, for the whole, of which the lantl now in question
is a part :

"Wherefore, I humbly move yo"" Honors, to direct the .Tury
according to Law and usage in England in such cases, and her
Maj'-'"" order in Council for the same, to find the several matters
and papers specially, whatever the value of tliem may bee.

Jas. Mexzies.

Vera Copia from the originall on file, in the

Inferior Court of Common Pleas, Portsm".
Pr. Cur'". Hen. Penkv, Clk.

No. XXXVI. Indian Deed, 1629.

[This is a copy of the famous Wheelwright Deed — intro-
duced into the trial, by the Dfts'. Counsel, It may be seen in full,
in Vol. I, Frov. PajJers, pp. 56-60. Also in Belk. Vol. I, (1812)
App. No. 1, pp. 288-291. The copy is certified to be " A true copy
of the originall on file ivith the filer of y'^ County of Tork.'^

"■ Examined Pr. Jos. Hammond. .
Ilegister."— Ed.]

No. XXXVII. George Vaughan^s Heceipt.

[This receipt is of the same nature as those which may be seen
in VoL I, Frov. Fapers, pp. 66, 67. Comp. also pp. 95, 96. The de-
sign of introducing it seems to be to show that the early settle-
ments were merely for trade — or, as expressed in the '•' Answer

558 PROVINCE OF NEW-HAMPSHIRE. [1707.

of Def*. to Reasons for Appeal," (see p. 524) " it really was no

more than the settlement of a Factory and Trade tvith the JS^alives."

The band-writing of the Receipt is very similar to that in the

original Prov. Rec. B. I, p. 81, No. 24. — Ed.]

Indorsed, " July, the G"^, Mr.

Vaughan, his Receipt for

beaver — 1633." [as follows]

Delivered to me, George Vaughan, with other ffures for the use
of the Adventurers of Laconia, the 6"^ of Julie, 1633.

Imp. At sevrall times, twentie foure pounds
& two ounces of beaver,

Julie the sixth, twentie pounds of
Coate [?] beaver

More — to him in skinne beaver — one
hundred & seaven pounds

More — seaven otter skinns, waight seaven pounds.

lbs.

oz.

24:

20:

107:

nds, 7 :

158

20yd3

Eleaven musquosh skinns, w* stones,

Two bears skinnes,

Three Indian Basketts,

One bughqua [?] or Indian Clubb,

Two seals skinnes.

One rackoone skinne.

Twenty yards of Wampamphage,

In y^ day and yeare above written, by mee George Vaughan,
from y*^ hands of Mr. Ambrose Gibbens, forty four of beaver and
other skinnes in the invoice mentioned, w"^ Indian Ruggs, & 1
Clubb of y'' Indian fashion, for y^ use of Capt. Jon. Mason & y«
rest of y'= Adventurers. 158 lbs. w. 2 oz.

J [illegible] George Vaughan.

No. XXXVIII. Samp. Sheafe's Evidence.

Sampson Shcafe of full age, testifieth, Colonel Samuel Allen, de-
ceased, soon after his arrival into this Province, which was in the
year 1698, fenced or caused to be fenced in a piece of ground on
Great Island, within the Township of New Castle in this Prov-
ince, which piece of ground or part thereof, I have heard called by
the name of Lux, his field, and from a swamp called Jerrie
Swamp, to a fence called the Ministers Lott, which said piece of
ground, Colonel Allen called his field or pasture, and that he used

1707.] ALLEN VS. WALDRON. 559

it as a i)a>;(urc for liis cowcs & horse about the ycarcs 1G99 & 1700,
and I'lu-lher saith not.

Rich. Waldron, Esq. owned that Coll. Allen did as is expressed.
In Court the 12"' Aug. 1707.

Test. Theodore Atkixson, Clk.

No. XXXIX.

Audi's Council motion for a Special Verdict.

[This paper is the same in form and substance as No. XXXV,
except that it is addressed to " the Justices of her Maj'^^ Superiour
Court, holden at Portsmouth— the 12"' day of August, 1707;" and
is signed by

Jas. Menzies.
Jno. Valextixe. — Ed.]
[Jury Summoned.']
Prov. N. Hamp.

Ann, by tlie Grace of God, of England, Scotland, FrancC & Ire-
laud, &c., To our Sheriff of our Province of New Hampshire,
Greeting :

We command you, That you cause to come before our Justices of
our Superiour Court, to be held at Portsmouth for our said Prov-
ince, the second Tuesday in August next, twelve free and legall
men of the Neigliborhood of Portsmouth in our Province aforesaid,
Every one of whom must have forty shillings pr. yeare at least,
by w^hom the truth of tlie matter may be better knowne, and who
are in no wise, by any affinity related either to Sam'. Allen, Esq.
PI', or to Ilich"^ Waldron, Esq. Def'., To make a certaine Jury, of
the Country, between the parties aforesaid, in a plea of Tresspass
in Firme Ejectment, because as well the said Richard Waldron as
the aforesaid Thomas Allen, betweene whom the contention is,
have put themselves thereupon upon that Jury; and have you
there then the Names of those Jurors, and this writt. Witness,
Peter Coffin, Esq. at Portsmouth, this 12*'' day of July— &c. [A
few words mutilated.]

Summoned by virtue of y'= w"'in Veuire, y'' p'sons following, to
wit:

Capt. Mark Hunking, Jonathan Mastou

Capt. Jno. Knight, Jno. Pickering, Juu.

Capt. Sam^ AUcott, Joseph Rawlins

Simon Dow, Jeremiah Walford

Go. Veasey, Robert Molton

Wm. More, John Jones

August 12"^, 1707.

Pr. Richard Jose, Sheriff.

5G0 PROVINCE OF NEW-HAMPSHIRE. [1707.

In'o. XL and XLT.

No. 40 is indorsed — ^' Co'py of the fine and y^ecovery against
John and Bohert Masons."

ISTo. 41. '' Entail cut off."

[In his history of New Hampshire (Farm. Belk., p. 164), Bel-
knap refers to these papers as ''The line and recovery in West-
minster Ilall, whereby the Entail was cut oti'; and the Consequent
Deed of sale to Allen, in 1691." The copy of each is a transla-
tion from the original — probably Normau-Frcuch — as appears
by the indorsement :
" Province of New Hampshire
Portsm° 14* Aug', 1707.

The within is a true translation to the best of our understand-
ing & judgm'.

Ja. Mexzies,
Cha. Story."

These papers are drawn in a verj^ precise, technical form — and
not necessary to be published at length. At a subsequent period,
1746, of controversy with the Masoniau Proprietors, they were
declared to be "illegal." — Ed.]

XLII & XLIII. Jury's Charge & Verdict, Judgment, &c.

The Jury withdrawn, the Court adjourned to the 13"^ inst.

13"^ August, 1707, Court returned according to adjournm'.
The Jury being agreed give in their Verdict, as on file, viz:

Copia of Verdict.
Prov. of New Hamps^^

Att a superiour Court of Judicature lield in Portsmouth this
12"^ of August, 1707 ; In the cause depending^ between Thomas
Allen, Esq. Appel' and Eich<i AYaldrou, Esq. Def*, the Jury finds
for the Defendant a confirmation of the former Judgment, and
cost of Court.

MxVRK HUXKIXG,

Foreman in behalf of y^ Jury.

" To HonUe Judges, Superior Courtt.

[The following paper is in the hand-writing of Lt. Gov. John
Usher.]

Her Mafy in Council, 17*'^ DeC 1702, afferming the verdictt
given in Superior Courtt in New Hampshire, 13"^ Aug', 1700, ag"'
Sam" Allen, Esq., butt the same being not finall, but y^ s<^ Allen

ALLEN 73, WALDRON. 5G1

might rene-w his action again w"* directions y" tlie Jury doe find
specially, having tender care y" Justice might be done:

ller Maj'y in Council, 1G"> ]\Iay, 1706, upon petition of Thomas
Allen, ordering y" in y* case betwecne Tho, Allen & Ilich<' Wal-
dron, y" the Jury be directed to tind specially, if either party-
shall require y' same — reference to s"* order being had, — That
in case either party shall thinck fitt to appeall to her Maj*y in
Councill, from the Judgm' of the Court therein, her Maj'^ may be
more fully informed, in order to a liuall determination of s'' case.
The Appellant having moved the Jury be directed to find
specially, that the case may be plain & fairly stated, to lay before
her Maj'y in Council for a finall determination. As Lt. Governor
demand you Judges direct the Jury to find accordingly.
, John Usher.

The Court sent out the Jury with this direction :

Gentlemen, You are further directed to consider this case, and
observe her Maj'>'^ directions as to find specially, and your oaths
in s,^ case.

The Jury return with the same Verdict: The Court order
Judgment to be entered accordingly; and that the Defen*^' Re-
cover costs of the Appell'.

The costs is five pounds, eighteen shillings & one penny.

Appeal. The Council for Thomas Allen, Esq. move for an
Appeal to the Queen and Council; they allow the same; they
giving Bond according to Law of Two hundred pounds.

Pro. N. Hamp™. Vera Copia from the Superiour Court Records
and files, compared the 5"^ November, 1707.

Pr. Theodore Atkinson, Clk.

No. XLIII. Bill of Costs.

Prov. of ?
New Hamp""". ^

Att her Majesties' Superiour Court of
Judicature, held at Portsm° the sec-
ond Tuesday in Aug', 1707.
Richard Waldron, Esq. Appellee J>

and > Appellee's Bill of Costs.

Thomas Allen, Esq. Appell' )

Att her Maj** Inferior Court of Common Pleas
held in March last:

Attorney's fees, 0

Copy of the Writ 0

Def* attendance two days 0
36

10: 0
1: 0
3: 0

562

PROVINCE OP NEW-HAMPSHIRE.

[1707.

Court adjourned till 15"^ April, 1707.

Attorney's fees,

Def^ attendance two days,

To Copys of 5 Evidences,

To Copy of Emery's Evidence, living at Dedham,

To Copy of Audley's Evidence, at Newberry,

To Entering the verdict, Judgm', and filing of papers,

To Attorney's fees at the above Superior Court,

To deft^ attendance two days,

To a Copy of the Indian Deed,

To the Clerk's fees for filing papersj ?

Entering Verdict, Judgm*, &c. S

Taxing bill of costs,

Sheriffe and Cryer,

Five pounds, eighteen* shillings, one penny.
I allow this Bill of costs, being £5 : 18 : 1.

No. XLIV. Bond.f

10: 0
3: 0
5: 0
1: 6
1: 6
8: 0

12:

10:

6: 18: 1

Peter Coffin.

*Ci\\eTy— nineteen shillings?^ Ed.
t This Bond is not foimd on file.

1707.] RECORDS OF COUNCIL. 563

[p. 201.] Province of New Hampshire.

At a Council held at Portsmouth, on
Tuesday, the 12"' of August, 1707.
Present.
The Honourable John Usher, Lieut. Govern'",
John Gerrish, \
Peter Cofiui, \ ^ Sanil, Penhallow, > Esqs.

Robert Elliot, j ' ^' ' John Plaisted, )
Adj'' till 10 o'clock tomorrow morning.

Province of New Hampshire.

At a Council held at Portsmouth, on
Wednesday, the 13"' Aug. 1707.
Present.
The Hon. John Usher, Esq. Lieut. Governour.
Major Wm. Vaughan,
Peter Coffin, ) ^ John Gerrish, ) p

Robert Elliott, \ ^^^^' Saml. Penhallow, ] ^^^^'
IMr. Theodore Atkinson, his Debcnter being read at this
Board, relating to repairing the Fort boat, amounting to
XI. 7^ 2^. was allowed and ordered to be paid out of the
Treasury, in course.

Thomas Packer his Debenter amounting to <£7 0^ 0*^.
for Rent for the Council Chamber and Court House, from
the 23'! April, 170(3, to the 23*1 April, 1707, was allowed and
Ordered to be paid out of the Treasury in course.

Ordered that all Expresses be allowed the Riding fees
following, viz. from Portsmouth to
Hampton,

From Portsmouth to Exeter,
From ditto to Salsbury Ferry,
From Portsmouth to Colonel
Noyces in Newberry,

and so proportionably in riding to any other
place.

564 PROVINCE OF NEW-HAMPSHIRE. [1707.

[p. 202.] Province of New Hampshire.

At a Council held at Portsmouth, on

Thursday, the 28"> of August, 1707.

Present.

Major. Wm. Vaughan,

Robert Ellott, Saml. Penhallow, Esqs.

John Plaisted,

His Excellency's letter dated the 25**^ Augt. instant, di-
rected to Major Wm. Vaughan, Esq. was comunicated to
this Board, about proroguing the General Assembly from
time to time, by the fortnight, till the proper season for
his P]xcellency's coming, &c.

Ordered that the General Assembly be prorogued till
Thursday, the 11'^ September next ensuing, pursuant to his
Excellency's said Letter ; and that in case his Excellency
shall give noe further order and doe not come here three
days before such prorogation, that then the Secretary issue
forth proclamations two days at least before the sitting of
the said General Assembly, to prorogue them for fourteen
days longer, and soe by the fortnight, until his Excellency's
further orders and directions.

Capt. Chisley being tliis day arrived from Port Royal
gave his attendance at this Board and acquainted the Gen-
tlemen of the Council that the Fleet were all joined [?] away,
and that their Rendezvous was to be at Nantaskett, &c.

The Gentlemen of the Council ordered him to keep his
Company together till his Excellency's pleasure might be
known, and directed Mr. Winckley to keep the Sloop, Sarah
and Hannah, at the Great Island till further order.*

* [From MS. Correspondence, Sec'ys office, p. 19.]

Letter from Gov. Dudley.

Oct. 23, 1707.
To Mr. Treasurer Penhallow —

Sir — The appearance of the Enemy upon the frontiers is often so very sudden that it
is Impossible for mee or the Governor in my absence to give particular orders for vic-
tuals or other necessaries for the advance of men to march It is my di-
rection that at all times when you see mv warrant, or in my absence tliat of l.t.
Governor or Council, for the march of our forces, and they are advancing under the
comand of proper officers, then you supply with what is absolutely necessary for their
subsistence & service, taking the officers demand of the same under his hand, & sup-
ply the same accordingly, & speedily render account thereof to myself in Council for
allowance.

Your serv't, J. Dudley.

" This letter from the Governor was
communicated to the Council & they
approved thereof, and directed Mr. Sec-
retary to return their thanks to the
Governor for his care therein, & put
the letter upon tile."

1707.] RECORDS OF COUNCIL. 565

[p. 203.] Province of New Hampshire.

At a Council held at Portsmouth, on
Wednesday, the third of September,
Anno Domini, 1707.
Present.
Major Wm. Vaughan,
Peter Coffm, ) p John Gcrrish, )

Nathl Weare, \ ^^^^' Saml Pcnhallow, \ Esqs.

John Plaisted, )
Considering the State and Circumstances of this Prov-
ince, the Council arc of opinion, there is great necessity of
his Excellency's being here, in order to meet the General
Assembly to raise money for payment of the just debts of
this Province, and that the same may be speedily done, by
reason of the approach of the Winter season.

Ordered, that the Secretary send to his Excellencj a
Copy of the above Minute of Council.

[p. 204.] Province of New Hampshire.

At a Council held at Portsmouth, on
Tuesday, the 2S^ September, 1707.
Present.
Major Wm. Yaughan, ] ^ Saml. Penhallow, ) ^

Robert Ellott, \ ^^^^' John Plaisted, \ ^^^^'

Pursuant to his Excellencys letter of the 19"' instant, the
Council met and Lt. Colonel Hilton, Major Smith and Capt.
Davis were sent for to consult matters relating to the En-
emy, who lye skulking at the head of our Rivers.

Lt. Colonel Hilton accordingly appeared at this Board
and acquainted the Gentlemen of the Council, that on
Thursday last he set out from Exeter with fifty four men
as a Scout, after the Enemy ; he traced the woods from
Kingstown to Cochecha, and so towards Winnapissaaka
pond and made discovery of the tracks of that party of
Indians which killed Capt. Chisley *; they were gone clear

* "Sept. 17. Capt. Samuel Chesley, [of Oyster River] his brother, James Clicsley,
and six more stout young men, were slain by tlie Indians as tliey were cnttinK an 1
hauliiiji timber, not far from Capt. Chesley's house. Tlie Indian tliat killeii James

566 PROVINCE OP NEW-HAMPSHIRE. [1707.

off, and as he thinks to Port Royal by way of the said pond,
and in coming back he discovered the tracks of a new
party of Indians, and followed them within two miles of
Cochecha, and soe lost their tracks, and then came home
and sent out fifty six fresh men from Hampton, on Monday
morning last, who was to tarry out five days ; and soe pro-
posed to the Council that Dover and Portsmouth should
each send out the same number in course, which will last
till the Indian Harvest is over. He alsoe desired the ad-
vice of this Board, whether what he offers as to sending
out men from Dover and Portsmouth, be proper and need-
ful or not.

The Council advises thereto : — Major Smith and Capt.
Davis, were likewise present at this Board in Consultation.

March 1707-8.

So far gone to England.

[p. 205.] Province of New Hampshire.

At a Couueil held at Portsmouth, on
Monday, the 29"^ September, 1707.
Present.
Major Wm. Vaughan, ^
Samuel Penhallow, > Esqs.
John Plaisted, )

Whereas Phillipp Chisley, of Oyster River, in the said
Province, hath made application to this Board, that several
Garrisons are much weakened and in distress by reason of

Chesley was slain upon the spot by Robert Thompson. Philip Chesley and three
more escaped." — Journ. of John Pike, Farm. & Moore. Hist. Coll. V. I, p. 60.

" Benjamin Fifleld, [of Hampton] aged about 60 years, was Barborously killed by
the Indians, on the Ist day of August, 1706, and a young lad kild or taken."

Town liec. Hampton.
[From MS. Cor. Secretary's office, p. 17.]
Attack on Wells, Me.
St. Wells is doubtless Attact. we have hard ye great guns the enemy atact the shal-
ops at Winter harbor Sabbath day at 2 of ye clock afternoon & have slain Benj. Dun-
nell of York the Enemy are judged not less than three or four hundred Frencli and
Indians, for God's sake Post forward that we may have speedy help or they will be two
hard for us. William Heath.

York, Sept. 23, 1707.
Secry Ackteson i pray
Hasen this forod for helpe, youor

Wm.Pepperell.
A Copia sent to Coll. Noyce of Kewbery
Imetliately by
("Bead i after one. T. A.") Theodoke Atkinsob.

1707.] RECORDS OF COUNCIL. 567

the Jiuliau Enemy having lately killed several of the Inhab-
itants Ijclonging to .such Garrisons, to wit, at the said Phill-
ipp Chisleys Garrison, the late Capt. Chisleys Garjison, and
Ensit-n Jones Garrison.

Ordered, that the Secretary write to Capt. James Davis,
that the Scout of tenn souljers under his Command be
placed and stated at the said several Garrisons that are
most weakened and in distress, according to his discretion,
and that they remain where they are soe placed and stated,
till relieved by the several Captains of the several Towns
to whom they belong ; and that the said Captain Davis
furnish them with provisions which he received out of the
Treasury ; and when such provisions are spent, that the
said Capt. Davis apply himself to the Treasurer for a fur-
ther supply ; and when such Scout are relieved, those that
relieve them are to continue from time to time in such Gar-
risons where they are placed, till further order.

[p. 20G.] Province of New Hampshire.

At a Council held at Portsmouth, on
Monday, the 20"> October, 1707.

Present.
His Excellency Joseph Dudley, Esq. Governour.
Wm. Vaughan, ^ John Gerrish, ^

Peter Coffm, > Esqs. Saml Penhallow, > Esqs.

Robert Ellott, ) John Plaisted, )

In Council, present with the Council the Judges of the
several Courts : —

Mr. Robert Armstrong was this day examined in Coun-
cil upon a letter printed in the Observater Vol. 6, No. 35,
from Saturday the 28"' June to July 26, wherein is printed
a letter signed Robert Armstrong, which being given him
to peruse he was inquired of by John Plaisted, Esq. one of
the Judges of her Majestys Superiour Court and a member
of the Council, whether he wrote that letter : he answered
very freely and concernedly, that neither directly or indi-
rectly, he ever wrote any such letter ; and knew not at all
who should presume to set his name thereto : but that it
was easy for half a crown to get a letter into the Observater.
He was further inquired of whether the Articles of

568 PROVINCE OF NEW-HAMPSHIRE. [1707.

that letter or any of them were true about the obstruc-
tion of Justice, the selling of places, the uneasiness of the
Country, and the desire of a change of their Governour :
he answered they were all false to his knowledge ; the peo-
ple easy, and the Governour acceptable in all things to his
certain observation ; and with passion, complained that he
was abused by those tliat made that letter publique.

[p. 207.] Province of New Hampshire.

At a Council held at Portsmouth,
on Tuesday, the 21 October, 1707.
Present.
His Excellency Joseph Dudley, Esq. Governour.
Major Wm. Vaughan, \ John Gerrish, ^

Peter Coffin, \ Esqs. Saml Penhallow, > Esqs.

Robert EUott, ) John Plaisted, )

Mr. Penhallow his account, Am° to X49 18s. 8d. for
sundrys advanced to Lieut. Colonel Hilton for subsistance
for himself and souldjers in a second Expedition Eastward,
February 25"\ 1706, was allowed, and Ordered that a war-
rant be given him accordingly.

Mr. Penhallow's ace* Ani° to 49 : 2 : 0 : for sundrys
advanced to Lieut. Colonel Hilton for subsistance for him-
self and souldjers in a march to Norridgawack January 21^*
1706, was allowed and Ordered that a warrant be given
him accordingly.

Mr. Penhallow his Acct. Am" to 55 : 14 : 11 : for sev-
eral disbursements was allowed, and ordered that a war-
rant be given him accordingly.

Mr. Penhallow's general Acct. for the year 1707, was
read at this Board and allowed of, to which account he
made oath to the truth both of Debt and Creditt.

Major Walton, Captain of her Majesty's Fort Wm. and
Mary, at Newcastle, attending the Board upon the Com-
plaint of the fees taken at the Castle reported formerly
to the Governour from the Council :

Upon a full hearing : —

It is Ordered, that during Major Walton's being in the
service at the aforesaid Fort, and resident to doe the ser-
vice of the Captain and Gunner, [p. 208.] Captain Atkin-

1707.] RECORDS OP COUNCIL. 560

son sliall receive only seven pounds pr annum out of the
Salary, and the whole eighteen pence be and rcmaine to the
said Major Walton as Captain ; and during Major Walton's
absence in any other service or otherwise Captain Atkinson
he entitled to the said seven pounds, and the eighteen
pence to his own use, doing the duty of Captain and Gun-
ner there, and this to be an issue between them.

The Governour acquainted the Council that Lieutenant
Governor Usher had informed him, that at his last being
here he was hashly treated at the Board ; and that Major
Vaughan should tell him there was no occasion for his
coming into the Province at that time.

The Gentlemen of the Council rej^resented the mistake
in that information, and that Major Vaughan only objected
against the payment of the said Lieutenant Goveniour's
travelling charge out of the Treasury, because the Lieu-
tenant Governour came into the Province to take care of
a Law-suit wherein ho was concerned, and intended noe
otherways to reflect upon the Lieutenant Governour —
which is all they observed in that matter.

[p. 209.] Province of New Hampshire.

At a Coimcil held at Portsmouth, on
Wednesday, the 22'^ October, 1707.
Present.
His Excellency Joseph Dudley, Esq. Governour.
Major Vaughan, | ^ ^ Penhallow, ) ^ ,

EobertEllott, Esqs. j,i„, pi^j^ted, P^^^'

John Gerrish, ) ' '

The Petition of Richard Mills was read, as upon file.

Ordered that the petitioner make proof of his Account
before the Justices of the next Inferiour Court, and that
the feoffors of Roger Roses Estate, pay the same out of
the first receipts that they shall receive of the said Roger
Roses Estate ; always reserving in their hands sufficiout for
the payment of the Widow Roses subsistance, established
by this Board.

Mr. William Cotton's Account, amounting to 10*. for
horses «fec, for the Governour, was allowed, and ordered to
be paid out of the Treasury.

570 PROVINCE OF NEW-HAMPSHIRE. [1707.

Thomas Packer his account Am" to two pound four shil-
lings, for administering physic to Benjamin Lamperil, a
soldier in the Exi)edition to Nova Scotia, was allowed and
ordered to he paid out of the Treasury.

Thomas Packer, his account, am*^ to four pounds, for fire
and candles for the year 1706, and allowed, was ordered to
be paid out of the Treasury.

Muster Roll of Sloop-hire and Sailors wages, upon the
Expedition to the Eastward in the year 1707, amounting to
143: 17: 6, was allowed and ordered to be paid out of
the Treasury.

(4 o'clock post meridiem his Excellency went to Boston ; the full minute of
Council was made before the Council broke up.)

Thomas Packer his Debenter Am° to 16 : 8 — for Wine
and Beer, allowed and ordered to be paid out of the
Treasury.

[p. 210.] Whereas by an order of Council of the 8*^'
April last past, Edward Fifield, Samuel Calcott, Jonathan
Calcott, James Beane, Phillipp Huntoon, Daniel Beane and
Jabez Colman, who have deserted their habitations and
dwellings in Kingstown, were directed to return thither
again upon penalty of the Law, and notwithstanding such
order of Council the aforesaid persons still remain from
their settlement and refuse to return, soe that the said
town is thereby much weakened and endangered by the en-
emy : —

Ordered that Mr. Secretary Story write to Mr. Justice
Dudley, that he send for the said persons, and if they doe
not return to their settlements in Kingstown, that he bind
them over the next Quarter Sessions, to answer their Con-
tempt.

John Cross, souldier at her Majesty's Fort Wm. and
Mary, having often times set forth by his petition to this
Board that he is greatly oppressed by Captain John Hinkes,
late of her Majesty's Council, and Captain of the said
Fort, who took and received out of the Treasury twenty
nine pounds belonging to the said John Cross, as his wages,
and is clandestinly gone out of the Province, without the
knowledge or privity of the Government, and prayed
redress thereupon of the Governour and Council ; being in
groat poverty, now knowing his petition :

The Council being well satisfied in the allegations above,

1707.] RECORDS OP COUNCIL. 571

the said accounts bcino; made up at this Board, and being
all sensible of the said Hinlces ])rivate departure out of
the province, doe allow the said John Cross to pursue the
said Hinkes, Informa pauperis, and require her Majestys
Courts to take notice thereof accordingly,
[p. 211.] Ordered that Capt. Shadrach Walton be paid
one hundred and thirty one pounds tenn shillings out of this
present Tax, for himself and four souldjers wages, at the
Fort Wm. and Mary, from the 25'" March, 1706, to the 25'"
March, 1707.

Ordered that Thomas Westbrooke and Nathan Knight,
be paid out of this present Tax the sum of fifty pounds and
eleven shillings, being soe much allowed them by the As-
sembly this Session, for several sorts of Timber for supply
of the Fort in the year 1704 and 1705, which they con-
tracted for.

[p. 212.] At a Council held at Portsmouth,

the 2*^ December, 1707.
Present.
Major Wm. Vaughan, ) Nath^ Weare, \

Peter Coffin, [ Esqs. Saml. Pcnhallow, > Esqs.

John Gerrish, ) John Plaisted, )

His Excellency's letter dated Roxbury, 24'" Nov""^ 1707,
was read at this Board and Ordered to be entered in the
Council Book, viz :

" Koxbury 24* November, 1707.
Sirs:

Lieutenant Governour Usher, is now with me, and has ac-
quainted me that the Auditor General, Mr BKatliwaite, lias written
to him that there are several years past before my arrival, wherein
he has noe accounts of the' Revenue and disposal of the niony
raised in the Province of New Hampshire, transmitted to him to
lay before my Lord Treasurer, to discharoe the Treasurers of the
Province from any future Challenj^e; I am sensible that for the
years 1 have holden the (Government they have been duly sent
home; however if the Lieutenant Governonr desires a Copy of
those accounts it must be yiven lihn ; but for those years wiierein
they have not been sent home, the Treasnrers for those years are
Criminal, till they are rendered duly with vouchers and receipts,
and they Avill continue to be Ansnrable.

The Lientenant Governour intends to visit you upon that head;
and I thereupon expect that the Accounts be fairly rendered in
Council lit to be transmitted, that there be uo further complaints
thereupon.

572 PROVINCE OF NEW-HAMPSHIRE. [1707.

You will take care that this letter be communicated to the Gen-
tlemen of the Council, and that the Accounts be made accordingly,
and the Vouchers and receipts be ready also.

I am S", your humble Servant.
J. Dudley.

To the Hon''i« Samuel ^
Penhallow, Esq. Treasurer |

of her Majesty's Province } Vera Copia, examin"^ & attes^.
of New Hampshire.

To be communicated J Pr. J. Chas. Story.

J. Dudley. Secretary.

[p. 213.] In answer to which letter the Secretary is or-
dered to send a Copy of the minutes of Council, the 14'^
day of January, 1705.

Province of New Hampshire.

At a Council held at Portsmouth, on "Wed-
nesday, the 17'^ of December, 1707.
Present.
The Hon"« John Usher, Esq. Lieut. Govern^
Robert EUott, } j Es s

Saml. Penhallow, ) John Plaisted, )

His Honour was pleased to make the following Speech,
viz :

Gentlemen :

In August last I gave visit to this her Majesty's Government,
in obedience to her Majesty's Order in Council, dated the 6"> of
May, 1706, and then tendered if you had anything for her Maj-
esty's service or good of the Province, should readily doe what's
proper.

Having rec'd a letter from "Wm. Blathwaite, Esquire, Auditor
General to transmit the Accounts of this Province to him, that
they may be laid before my Lord High Treasurer for allowance,
which letter I do here communicate to you: —

Whitehall 30* April, 1707.

Sir : — We have of late reed, many letters from you at our Board,
})ut the method of the Council of Trade, and the persons there
having been altered, I only desire you to take care that the ac-
counts of New Hampshire be duly transmitted, with the Laws
concerning them, which it is my duty as Auditor of the Plan-
tations to lay before my Lord High Treasurer. I hope everything
becomes more easy to you. being S""

Your very humble Servant,

! Wm. Blathwaite.

[p. 214.] I did on the 24*'' of November last signify to Major

Vaughan and Samuel Penhallow, Esqs. receipt of the said order

from said Blathwaite, and demanded the several accounts with

1707.] RECORDS OF COUNCIL. 573

copies of Vouchers and Receipts, that the Accounts nii^lit be
remitted in due form:

Tlie i;}"* December, as soon as came into the Province, gave no-
tice to the Secretary to acquaiute the above Treasurers tliat I was
come into the Province to receive their Accounts.

For tluit end, Gentlemen, I am come, and you Gentlemen of the
Council are called that the Accounts for her Majestys sei'vice may
be laid before you.

John Usheu.

His Honour the Lieut. Governour asked Mr. Secretary,
wlictlicr pursuant to his order he had given notice to Wm.
Vaughau and Samuel Pcnhallow, Esqs. that he was come
into this Province to receive their accounts of their Treas-
urership, witli Vouchers and Receipts : —

Mr. Secretary answered he did acquainte them accord-
ingly.

Ordered, That the Secretary issue forth his warrant to
Major Wm. Vaughan, that he bring in his Accounts of his
Treasure rship, with copies of his Vouchers, about the pay-
ments of the several sums mentioned in the several Acts
following, viz : —

An Act for 600 lbs. the 29"^ Sept. 1696, in the Lt. Gov-
ern" time.

An Act for 650 £ the SO'" June 1697, in Mr. Hinkes
time.

An Act for 300 : the 8 October, 1697, in Mr. Hinkes
time.

An Act for 400 : the 7'" April, 1698.

As alsoe an Account of the Impost and Excise in those
times, and that Mr. Secretary and Mr. Henry Penny, attend
Major Vaughan, with the Council Books for his assistance.

Tlie Memorial of Major W™ Vaughan, relating to his Ac-
counts, as Treasurer, with his Vouchers &g. being sent by
Mr. Jaffrey to Boston to Audit, and now cannot be found,
was read as on file.

The Minute of Council of the 14'** of January 1705, re-
lating to Major Wm. Vaughan's answer about his accts. as
Treasurer of this Province, was read at this Board.

His Honour the Lieut. Governor adjourned the Council
to Monday, the 22*^ instant, at 10 of the clock, ante merid-
iem, at Newcastle.

574 PROVINCE OP NEW-HAMPSHIRE. [1707.

[p. 215.] Province of New Hampshire.

At a Council held at Portsmouth, by adj*,
on Monday, the 22'' December, 1707.

Present.
The Honourable John Usher, Esq. Lieut. Go\ ernour.
Robert Ellott, )
Saml. Penhallow, > Esqs.
John Plaisted, )
Major Wm. Yaughan sent a Copy of Mr. Addington's
letter directed to him, dated Boston the 8'** of December
1707, to this Board which was read, as on file.

Major Wm. Vaughan, pursuant to an order of Council of
the 17"' of Deceml^er instant, sent in his Accounts relating
to his Treasurership, with an account of Impost and Excise
(with some Vouchers drawn out of the Council Book) for
the year 1696, 1697, 1698, who were read at this Board.

The Honourable the Lieut. Governor, made the following
objections against several articles of payment in Major
Vaughan's accounts, viz :

1696, to Nathl Batchelor P. order

1697, to Cash paid John Pickerin
To Cash paid Ichabod Plaisted, in part of his

charges.
To Peter Coffin, for ahorse for Ichabod Plaisted
To Donkin Campbell for soe much paid Capt.

Plaisted,
To paid Ichabod Plaisted, for disbursements

1698, to paid Lieut. Governor Partridge, ) qaa . n • 0
Penhallow to be Voucher, j

Saml. Penhallow, Esq. Treasurer, brought in his Ac-
counts as Treasurer from the year 1699 to the year 1702,
together with his Vouchers and Receipts, who were exam''
and read at this Board, and his Honour the Lieutenant
Governor made the following objections against some pay-
ments, viz :

In the Acct. 1699, paid Mr. Partridge for dis-
bursements, but no account for what 160 : 0 : 0
In the Acct. 1700, paid Mr. Partridge for going
to New York (being when Col. Allen was
Governor) 60: 0: 0

10:

17:

>0:

LO:

L6:

13:

1707.] RECORDS OF COUNCIL. r>75

In his Accfc. 1701, paid Mr Partridp^e (it being

only paid for dish"^) l)iit noe Ace"* 100: 0: 0

In his Acct. 1702 ])ai(l Mr. Partridge for Agency 200 : 0 : 0
Paid to ditto for an Agent's passage 27 : 0 : 0

[p. 216.] The Lientenant Governour asked the Secretary
who was ai)pointed Agent for the Province ?

Answer, tliat he did not know who was appointed Agent,
but believed it might be Major Vaughan.

Upon which the Lieutenant Governour ordered the Sec-
retary to search the Council Book, and he found that in
May, 1702, there was a vote of both Houses, that the said
Wm, Yaughan be agent for this Province.*

The Lieutenant Governour asked the Secretary whether
there were any publick letters or other papers relating to
Major Yaughan's Agency, brought to this Board at any
time.

The Secretary answered, none that he knew of.

The Lieutenant Governour asked the Secretary, if he had
acquainted Major Yaughan to bring an Account of the dis-
bursements of the mony he had raised as Agent, and an
Account of his Agency.

The Secretary answered that he had acquainted the said
Major Yaughan, and his answer was, he had disbursed the
mony upon the Province Account as Agent, and he had
been taken by the French in coming home, could not give
any particular account, or words to that effect.

[p. 217.] Province of New Hampshire.

At a meeting of the Council held at Portsmouth,
the 19'" January, 1707-8.
Present.
"Wm. Yaughan, ) -r^ Saml Penhallow, ) ^

Robert EUott, \ ^^^^' John Plaisted, \ ^^^^^

Whereas the sum of two hundred and fifty pounds was
lately voted by General Assembly for supplying an Agent
in preferring an Address unto her most Sacred Majesty,
respecting the circumstances of this her Majestys Prov-
ince : —

It is the opinion and request of this Board that his Ex-

* Refer to " Juurual of Council and Assembly," July liOth, 1T02.

576 PROVINCE OF NEW-HAMPSHIRE. [1707.

cellency the Governour be humbly desired to draw an order
upon the Treasurer, for payment of the same, and that
seventy or eighty pounds be forthwith ordered, to answer
the present necessity of the Province, as his Excellency in
wisdom shall see meet.

And whereas Mr. Secretary Story is absent, that Mr.
Penhallow, be desired to send a copy hereof. Express, unto
his Excellency, representing the mind of the Council
herein.

[p. 218.] Province of New Hampshire.

At a Council held at Portsmouth, on
Thursday, the 13"' February, 1707-8.
Present.
Major "Wm. Vaughan, )
John Gerrish, > Esqs.

Saml. Penhallow, )

His Excellencys' letter, dated Boston, February 9"' 1707,
relating to John Bridger, Esq. her Majestys Surveyor Gen-
eral of her Majesty's Woods was read at this Board.

Pursuant to the above letter, Mr. Secretary Story informs
that he acquainted Mr. Bridger last evening, that the Coun-
cil would sit at Portsmouth this day, where they would be
ready to hear any complaints that he would deliver upon
oath, against Jno. Plaisted, Esq. one of the members of
her Majesty's Council, for interrupting the said Bridger in
his office, &G.

Mr. Bridger accordingly appeared, and having not drawn
up his complaint against the said John Plaisted, desired
further time which was granted ; and Wednesday next is
appointed to hear the said complaint ; and the Secretary is
hereby Ordered to notify the Council accordingly.

Ordered, (his Excellency consenting thereto) that a war-
rant be issued forth, directed to the Treasurer, for the pay-
ment of 250c£, raised in the last Province Eate, for the
laying before her Majesty Addresses relating to the public
affairs of this Province ; and that the twenty pounds paid
Captain Pickerin, &c. for disbursements and charges to
Boston in that affair be included in the [p. 219.] said
warrant.

1708.] RECORDS OF COUNCIL. 577

Province of New Ilampsliirc.

At a Council held at Portsmouth, on
Wednesday, the 18'" February, 1707.
Present.
Major Wm. Vaughan, ^
Saml. Penhallow, \ Esqs.

John Plaisted, )

Mr. John Bridger, Surveyor General of her Majesty's
Woods in America, appeared at this Board and exliibited
the following Information upon oath, which was read at
this Board, viz.

The Information of John Bridger testifieth and sayth,
that all the Mast Trees now cut or has been cut for live
months past or thereabouts, by John Plaisted, Esq., his
order. Agents, Workmen, &c. which are to a great number
now cut and felld without tiic Royal Licence finst had and
obtained, (to the best of my knowledge) but were all posi-
tively cut, felld and destroyed without my leave ; the said
Plaisted, his Agents, workmen, &c. were often forbid to cut
any Mast Trees, from time to time, by myself and deputies,
&c.; yet notwithstanding he, the said John Plaisted, did by
himself, his orders, agents or workmen, cut and fell a great
number of Mast Trees, and has thereby invaded her Maj-
esty's just Rights and prerogative, and rendered her
Majesty's express commands to me by the Royal Licence,
to be of no effect, and my Commission and Instructions
not of force or virtue in these parts ; all which, to the best
of my knowledge is true, there being affadavits made of
Mast Trees being felld by the persons as aforesaid, thirteen
or fourteen miles above Salmon Falls.
18'" February, 1707,
Jurat: in Council.

Upon which John Plaisted, Esq. desired time to give his
answer, declaring he could not doe it in three weeks time,
by reason he must ride the country to know how many
blasts his workmen had cutt, and of what dimensions, and
the places where they are cutt.
37

578 PROVINCE OF NEW-nAMPSHIRE. [1708,

[p. 220.] Province of New Haaipsliire.

At a Council held at Portsmouth, on
Thursday, the 19*'' February, 1707.

T> ^' 1. T^u ll ^' ( -t? Saml. Penhallow, ) t^,

Robert Ellott, Esqs. j^n,, pi^i.ted, \^'^^-

John Gerrish, | ' '

Pursuant to his Excellency's letter of the 16"" of Feb-
ruary, instant, relating to the Indian Enemy probably being
about our Frontiers, being read at this Board,

Ordered that Colonel Hilton immediately go out with a
good Scout, at such convenient distance at the head of the
Frontiers as may be needful, to make discovery of the
enemy.

Capt. Holland'-s Bond.

[MS. Con-. Vol. I, p. 13.]

Know all men by these presents that w^ee, Thomas Holland,
now of Portsmouth, in the Province of Ncav Hampshire, in New
England, ma^' and marring Thomas Packer of the same place,
chirurgeon, and George JafFrey of Portsmouth aforesaid, mer-
chant, are held and firmly bound unto George, prince of Denmark,
Lord High Admiral of England, in the sume of one Thousand
pounds sterling, mony of England, to be paid to the said George,
pi'ince of Denmark, Lord High Admiral of England, or his suc-
cessor in the said office, to the which payment, well and truly to
be made, wee binde us and either of us, our and either of our
heirs, Exec" and Adm™ joyntly and severally, iirmely by these
X)resents, sealed with our Seals; Dated the tirst day of March,
anno R. Regiuse Anne nunc Anglica?, «&c. sexto, Anuoque
Domini, 1707.

The condition of this obligation is such that whereas, his Excel-
lency Joseph Dndley, Esq. Governor other Majestie's province of
New Hampshire and the Mas.sachusetts bay in New England,
hath by his Commission or Letter of IlavTc [Marque] bearing date
with these presents, authorized & impoweied the said Thomas
Holland, comander of the ship Neptune, burthen two hnndred
Tunns, or there abouts, mounted with sixteen gunns, with the
said shipp and Company to warr, fight, take, kill, suppresse, and
destroy any pirates, privateers, or otlier the subjects or vassals of
France or Spane, the declared enemys of the Crown of England ;
and whereas, alsoe, the said Thomas Holland, hath received
fnstructions from the said Joseph Dudley, Esq. relating to the
Commission abovesaid, as by the s^ Commission and Instructions,
reference being thereunto had, will plainly and at large appeare :
If therefor, he the said Thomas Holland, doe and shall well and
truly observe, perfonne, fulfill and keep all and every the clauses
and Articles mentioned in the said Commission and Instructions,
which on his part are or is to be observed, performed, fulfilled and

1708.] RECORDS OP COUNCIL. 679

kept, that tlicn this obligation to be voydc or else to stand in
force.

Signed and delivci-^
in tlie p'sence of Tiio. Holland, [Seal]

[?] Ilunkiiig, Tiio. Packkk, [S^alJ

Ch:i. Siovy. Geo. JAFFUiiV. [Seal]

lleport of a Committee on the State of the Fort, William and

Mary.
[MS. Cor. Vol. I, p. 21.1

May \V^, 1708.

According to an order of the Governor and Council of the
eigh*'' instant, Major Vaughaii, Mr. Elliott and niyselfe, have
visited Ilcr Majesty's Fort William and Mary, at Castle Island, in
the Province of New Hampshire:

(1) And find necessary to have the sides of the powder house
to be claboarded, to prevent the stormy wether leaking througli to
the damage of the Powder: there will be wanting clapboards and
nails for tliat use.

(2) Several of the Carriages to be i-epaired, and all of them
wants to be tarred over, to preserve them from the wether. There
will be tarr & some large spikes, and a carpeutier wanting for that
service.

(3) The sod work wants to be repaired in several places of the
ramparts and parrapet: ther is wanting sods and men for that.

(4) That the chevaux de friez be lixt from the point of the
Block House to the Line of Pallisados which inclose the wall.
There will be tAvo carpenters wanting.

(5) That there be port-holes cutt in the Line of pallisados,
with a small brestwork cast u^) for small arms.

J. Redknap.
W^ May, 1708.

The Council accepts of this i-eturne and continue Major Vaughan
and Mr. Elliott to improve the woikmen, and to provide neces-
sarys for their labour at the abovesaid Fort, in finisliiug the work
there, according to this returnc.

Chas. Story,
Secretary.

[Note. There seems to be a cliasra in the Records of Council from Feb-
ruary, 19th, 1707-8, to August 2d, 1708.— Ed.]

[p. 221.] Province of New Hampshire.

At a Council held at Portsmouth on
Monday, the 2^ day of August, 1708.
Present.
Peter Coffin, '\ Wm. Vaughan, \

Robert EUott, \ Esqs. John Gerrish, \ Esqs.

Nathl. Weare, ) John Plaisted, )

580 PROVINCE OF NEW-HAMPSHIRE. [1708.

Pursuant to his Excellency's Letter of the lO'*" of July,
last past, Additional Instructions from her Majesty, dated
the H"^ May, 1707, was read at this Board, in hasc verba
sequen.

ANNE E.

An Additional Instruction to our trusty and well beloved
Joseph Dudley, Esq. our Captain General, and Connnander in
Chief of our Province of New Hampshire, in New England in
America, and in his absence to our Lieutenant Goveinour, or
Connnander in Chief of our said Province for tiie time being.
Given at our Court at Kensington, the third day of May, in the
sixth year of our Reign, 1707.

Wliereas by a clause in our Commission and Instructions, to
you our Captain General and Commander in Chief of our Prov-
ince of New Hampshire, it is directed that upon your death or
absence (in case there be no Lieutenant Governour appointed by
us upon the place), the then Council doe take upon them the Ad-
ministration of the Government, and that the eldest Councellor
doe preside as by the said Commission and Instructions is more
particularly set forth: — And wee, liaving observed that this
Instruction has given occasion of many Controversies and disputes
between the Presidents and the Councellors, and the Coun-
cellurs themselves, and otherwise in sevcial of our Planta-
tions, to the great hindrance of the publick business and to
the prejudice and disturbance of [p. 'J22.] our service there: —
Our will and jileasure thei'efore is, that if upon your death or
absence there be noe person upon the jilacc commissionated
by us to be our Lieutenant Goveinour or Commander in Chief,
tlie eldest Councellor, whose name is first placed in our
said Instructions to you, and who shall be at the time of your
death or absence residing within our Province of New Hampshire,
shall take upon him the Administration of Government, and
execute our said Commission and Instructions, and the several
powers and authorities therein contained, in the same manner and
to all intents and purposes as other our Governours or C oniman-
der in Chief shoiild or ought to doe, in case of your absence, until
your return, or in all cases until our pleasure be further known
therein. So wee bid you farewell.

' By her Majesty's Command,

Sunderland.

Ordered that the Act of Parliament relating to the union
between the two Kingdoms of England and Scotland, be
proclaimed, publiquely, on Wednesday tlie 11"^ day of Au-
gust, instant ; — the Gentlemen of the Council and the
Justices and Shcriffe attending the same ; and that the two
Companies of the Militia of Portsmouth, be in arms ; and
that eleven great Gunns be fired at her Majesty's Fort Wm.
and Mary, at New Castle.

1708.] RECORDS OF COUNCIL. 581

Ordered that the Secretary write to Lieut. Colonel Hilton,
that lie for the future scud but sixteen men out of I'ort.s-
mouth and Hampton, in proportion, to her I^fajosty's Fort
Wm. and Mary, to make up the standing souldjers there
twenty persons and uoe more.

[p. 2:i3.] Whereas i'ortsmouth and Hampton send sixteen
men to her Majestys Fort in turn;

Ordered that Colonel Hilton draw out sixteen men out
of the Companies of the Militia in Exeter and Dover in
proportion, to take their turns, from time to time, to Scout
where the said Lieut. Colonel shall see meet to a])point
them, and that the Secretary issue forth this warrant ac-
cordingly.

Province of New Hampshire.

At a Council held at Portsmouth, the
IV" August, 1708.
Present.
Peter Coffin, ^ Wm. Yaughan, "^

Nathl. Wearo, > Esqs. John Gerrish, 1 p^

Robert EUott, ) Sanil. Penhallow, [ ''^^ '

John Plaisted, J

Upon advice from his Excellency of a considerable num-
ber of the Enemy being upon their march towards our Fron-
tiers : —

Ordered that Capt. Robert Coffin, with the Troop under
his Command, march from Exeter to Kingstown and thence
to Oyster River, and there take up their quarters the first
night, and from thence to Cochecho and soe up towards
Whitehall, and so to return to Cochecho the next night,
and there Quarter ; and thence to return the third day to
Exeter again and there lodge, and to continue this march
from day to day till further order, unless diverted by the
appearance of the Enemy ; where upon the first advice he
is to repair immediately to give present relief to any part
that may be assaulted ; and that the Treasurer supjjly the
said Troop with provision for tlieir constant subsistance,
unless sucli as will subsist themselves, who shall be allowed
the same that the Massachusetts Troopers have.
[p. 22 L] Ordered, that a Scout be kept out upon the

582 PROVINCE OF NEW-HAMPSHIRE. [1708.

heads of Exeter, Oyster River and Cocliecho, not exceeding
six in a Company, and that Capt. Tuttle take care to send
upon the head of Cochecho, Capt. Davis and Capt. Hill on
the head of Oyster River, and Capt. Oilman on the head of
Exeter, and upon any discovery of the Enemy forthwith to
give information thereof to the Council.

And whereas the aforesaid Troop and Scout of eighteen
men being appointed to march and Scout as before ex-
pressed :

Ordered that the Secretary write to Lt. Col. Hilton that
all other Scouts formerly appointed be discharged for the
present until further order, and that strict care be taken
for the immediate march of the said Troop, and for send-
ing out the eighteen men as above expressed.

The two following letters from Whitehall, was read at
this Board, in haec verba Sequen :

Trusty and Well Beloved: Wee greet you ■well. Whereas, wee
are sensible that eftectual Care ought to be taken to oblige the mem-
bers of our Council to a due attendance therein, in order to prevent
the inconveniences that may happen for want of a Quorum of the
Council to transact business, as occasion may require; It is our
will and pleasure, that if any of the members of our said Council
shall hereafter willfully absent themselves, when duly summoned,
without a just and lawful cause, and shall persist therein after ad-
monition, you suspend the said Councellor soe absenting them-
selves, till our further pleasure be known ; — giving us timely
uotice thereof. And wee hereby will and require you that this our
lioyal pleasure be signified to tlie several members of our Council
in tiie Province of New Hampshire, anil that it be entered in the
Council Books of our said Province of New Hampshire, as a
standing itule. Soe wee bid you farewell. Given at our Court at
Kensington, the 20"^ day of November, 1707, in the sixth year of
our lieign.

By her Majesty's Command,

Sunderland.

/■N-'^-^^ To our trusty and well beloved Joseph Dudley, Esq.
C p .• r ^ ^^^^' Capt. Gen' and Commander in Chief of our Prov-
i c\^? > ince of New Plampshire in New England in America,
( oea . \^ ^j. ^^ ^]jg (Jommander in Chief of our said Province for

^•-v-v^ the time being.

Whitehall December the SOtJi 1707.
S'': Her Majesty having been pleased to write Circular letters to
all her Governours in America, requiring the Conncellors in the
Plantations diligently to attend her Majesty's service in the re-
spective Councils of which they are members ; — We send you here
inclosed one of the said Letters, directed to yourself which you
are to cause to be entered in the Council Books of the Province of

1708.] RECORDS OF COUNCIL. 583

New Hampshire, and to take care tluit licr Majesty's pleasure
herein be piinetually observed. Soe wee bid you heartily fare-
well.

Your very loving friends,

Stamkokd.

Hkkbkut.

Pii. Mkadows.

J. PUTTENKY.
R. MONCKTON.

To our trusty and well
beloved Joseph Dudley, Esq. our Capt. General
and Commander in Cliicf of our
Province of New Hampshire in New
Enirland in America, or to the
Commander in Chief of our said
Province for the time being.

Received 26"» July.

[p. 225.] Province of New Hampshire.

At a Council held at Portsmouth,
the m^ August, 1708.
Present.
Peter Coffin, \ John Gerrish, \

Natlil Weare, > Esqs. Saml. Penhallow, [ Esqs.
Wm. Vaughan, ) John Plaisted, )

Whereas her Majesty, by her letter under the Privy Seal
at Kensington, the 2*^ May 1707, hath been pleased to ap-
pointe the eldest Councellor whose name is first placed in
her said Majcstys Instructions to the Governour to take
upon him the Administration of the Government, in the
absence of the Governour and Lieut. Governour, and to
execute her Majestys Commission and Instructions and the
several powers and authorities therein contained, in the
same manner to all intents and purj)oses as other her Maj-
estys Governours or Commander-in-Chief sliould or ought
to doe, in case of their absence, as by the said letter refer-
ence being had will appear: And whereas Peter Coffin,
Esq. as wee suppose is the first nominated in her Majestys'
Instructions, and living and residing in her Majestvs' Prov-
ince of New Hampshire, his place of a1)odc being at Exeter
about fourteen miles distance from the Town of Ports-
moutii, where the Council generally sits ; —

Ordered, that upon the motion of any two of her Majes-

584 PROVINCE OF NEW-HAMPSHIRE. [1708.

tys' Council, the Secretary Imediately send forth his orders
to summon the Council togetlier at the usual place accus-
tomed in the Town of Portsmouth.

[p. 226.] Province of New Hampshire.

At a Council held at Portsmouth, on
Sunday, the 16'^ August, 1708.
Present.

Peter Coffin, )

Wm. Vaughan, > Esqs. Saml. Penhallow, ) j^

Robt. Ellott, ) John Plaisted, j ^^^^•

His Excellencys Letter, dated Roxbury, 12"* instant, was
read at this Board, in heec verba sequen.

" Koxbury, 12«^ Aug. 1708.
Gentlemen —

I am extremely suspicious that soe great a force as is expected
from Canada, most French, doe not intend a small matter; and I
often think they intend for Portsmouth; especially if they can
come undiscovered. 1 am therefore desirous that there be a good
Scout of twenty men sent to AVinnepisioca, who may lye there
secretly a few days at their usual landing place, to discover them
and their number, and return secretly Avith intelligence, and if
they point that way, and you will send Express, there are of
Haverill, a Troop of 40

and Foot, 80

at Kingston, a Troop of 40

and Foot 80

Exeter, Troop 40

Foot 70

Cochecho Foot 60

Newichawanock Troop 40

Foot 100

York and Wells 110

all whom if you send for will march to your assistance: let every
body be employed forthwith to mend your lines and keep out
good Watclies where they can approach ; give over other business ;
it will be determined in a Aveeks time.

I pray God preserve you.

^^ humble servant,

J. DUDLET.

The Gentlemen of the Council having considered well
about the Scout to Winnepissaocoe,

1708.] RECORDS OF COUNCIL. 585

Ordered, that Lieut. Colonel Hilton, imcdiatcly [p. 227]
draw out twenty proper souUljer.s IVoni Hampton, Exeter
and Dover, to be coiuinandcd by Capt. James Davis, if he
can be {)crsuadcd to take it upon him ; otherwise the said
Lt. Colonel Hilton to provide a suitable man to command
the said souldjers, as a Scout, to march to Winnepissiacoe,
pursuant to his Excellency's letter there to lye secretly at
the usual landing [)lace of the enemy, and if possible to
make a discovery of them, and their number, and ujton
any discovery forthwith to return secretly and give intelli-
gence ; and the Treasurer is to take care to provide eight
days provisions for the said Scout, and send the same to
Capt. James Davis, his house.

Ordered, that Mr. Secretary Story, write to Lieut. Colo-
nel Hilton, that he immediately send to Capt. James Davis
to consult with him about the men proper to go the above-
said Scout.

Pursuant to his Excellencys' letter aforesaid. Ordered,
that the Line formerly built in Portsmouth, extending from
the Mill Dam pond to Major Vaughan's Barn, being most
of it down, and the rest much out of repair, be forthwith
rebuilt and repaired ; and that the Secretary issue forth his
warrant in her Majesty s' name to the Committee of the
Militia of Portsmouth, that without delay they take care to
see the same rebuilt and repaired with all expedition.

[p. 228.] Province of New Hampshire.

At a Council held at Hampton, on
Monday the 16"> August, 1708.
Present.
The Honourable John Usher, Esq. Lieut. Govcrnour.
Peter Coffin, ) j^^ Saml. Penhallow,

Nathl Weare, j ^^^^^' John Plaisted, ' j ^®^^'

His Honour was pleased to declare to this Board, that
by his Excellency the (xoveriiour's commands, he was come
into this Province for her Majesty's Service, and tliat his
p]xcelloncy had acquainted him there were four hundred
soldiers ordered to be quartered in this Province, from the
Massachusetts Government, and three hundred in the Prov-
ince of Maine, to be ready to assist any town or place that

586 PROVINCE OP NEW-HAMPSHIRE. [1708.

may be set upon by the enemy ; And that he received his
Excellencys orders of the Sabbath J)ay, at ten of the clock
in the forenoon, and got to Newberry by five in the after-
noon, and that night arrived at Hampton in the Province
of New Hampshire ; and immediately issued forth his order
to the Secretary to notify the Council, to meet at Hampton
the next day, being Monday, by ten of the clock, in the
morning.

His Excellencys letter of the 12* instant relating to the
Forces and the Line in Portsmouth being asked for by the
Lt. Governour, was read at this Board.

The Gentlemen of the Council acquainted the Lieut.
Governour, that considering the danger the Town of Ports-
mouth were in to be attacked by the enemy, they had wrote
to his Excellency for a supply of fifty or sixty men to be
sent to that Town for their defence ; and in the meantime
prays that his Honour the Lieutenant Governour, would be
pleased to order that there may be detached out of the sev-
eral Companies of soldiers Quartered in this Province, soe
many, as his Honour shall see meet for the security of the
said Town of Portsmouth,
[p. 229.]

Upon the application of the Gentlemen of the Council,
and considering the danger the Town of Portsmouth is
exposed unto by the opportunity the Enemy has to come
by water :

Ordered, That two Vessels or Shallopps be imprest with
men and oars to be sent out as Spy Vessels for discovery
of the Enemy, or fires in the woods, and to Cruise along
shore from the Harbors mouth at Portsmouth to the East-
ward, as far as Winter Harbor, and soe back again, and to
continue soe doing till further order.

Ordered, that Mr. Treasurer Pcnhallow, provide proper
lodgings, in every respect, at her Majesty's Fort Wm. and
Mary, for the Plonourable the Lieut. Governour by to-mor-
row at night.

1708.] RECORDS OF COUNCIL. 587

[p. 230.] Province of New Hampshire.

At a Council held at Newcastle, the
18^" August, 1708.
Present.
The Hon'"'' John Usher, Esq. Lieut. Govern^
Wm. Vaughan, )
Saral. Penhallow, > Esqs.
John Plaistcd, )
The Selectmen of the Town of Portsmouth, l)cing sum-
moned to appear at this IJuard to give account of what
stock of Powder were in the Town Treasury ; and accor-
dingly Thomas Phipps, Esq. Messrs. John Pickerin and
James Levitt, three of the Selectmen, appeared and l)eing
asked by the Lieut. Governour what stock of powder there
were in the said Treasury : —

Answered — Not half a dozen pounds.
Ordered that the present Select men of the said Town of
Portsmouth, doe in twenty four hours time, provide a Town
stock of powder and ammunition as the law directs.

The Petition of Theodore Atkinson, Esq., and owners
of the Sloop Newcastle, relating to be Cleared from the
Imbargoe, being upon her voyage to New Found Land, &c.
The Gentlemen of the Council considering the season of
the year and the cattle on Board the said Sloop may want
provisions, and that if the said Sloop is detained kw days
more it will mine her intended voyage, it being late in the
year ; It is the opinion of the Council that his Honour the
Lieut. Governour for the reasons aforesaid, may permit the
said Sloop to proceed on het- voyage with all expedition.

Joseph Smith, Esq. took the accustomed oaths appointed
by Law, and sworn by the Lt. Governour as a Justice of the
Peace, in open Council.*

* Joseph SraitVi, son of Robert Smitli, was born about 1653, as appears from the
record 1)1 his death. He died Nov. 15. 1736, se. 6i years. He was thrice married, but
died vvitli')ut ortsprinsj. Me m. 1, I) )rotli\', eldest dau. of Rev. Seabi)rn Cot'on, who d.
Dee. -iO, ITDfi, ;«. 5!) years ; 2, April 17, i7()7, Mirv Moore, who d. Oct. 15, 1708; 3, Feb.
16, 170;), Wid. Elizabeth .Marshall, who outlived hitu.

.Mr. Smith was not employe 1 in town business as frequently as were some other men,
yet he w is many years in public life. He was a Deputy or Representative in 1692, 1708,
!>, 16, ail 1 perhaps at other tiuies; a Selectman 7 years, viz. : for the years cominenciiif;
Nov. li>, 171U; D!C. 2!1, 170><; Dec. 29, 1700; Jan. 'l. 1711; 1st .Mondav in March, 1713;
March 1, 1714; March 7, 1715. At all the.se seven dates he is stvled Major. In 1716 he
is styled ("olonel. How long he was a .Justice of the Peace, I do not know.

From 16 H to 699, be was a -Tustice of tlie Superior C, >urt — Chief .Fustice in IfiOS.
[seethe N. H Rejwsitory, V'ol. 2, p. .35] from 170;! to 1708, .Tudire of Probate [idem,
p. 111|. In 16 18, he was a (^ouncdlor. lie was also about this liiue Treasurer of the
Province. [C\>m. by Joseph l>ow, Esq. Hampton. — El).]

588 PROVINCE OF NEW-HAMPSHIRE. [1708.

[p. 231.] Province of New Hampshire.

At a Council held at Newcastle, on
Thursday, the 19"^ August, 170«.
Present.
The Hon"" John Usher, Esq. Lieut. Govern^
Robert EUott, J
Win. Vaughan, > Esqs.
John Plaisted, )
His Excellencys Letter, dated Boston, 16"^ instant, relat-
ing to the extravagant price of Indian corn and Rumm sett
by the Inhabitants of Kingstown upon the souldjers there,
was read at this Board, and the Lieut. Governour ac-
quainted the Gentlemen of the Council he had taken care
therein.

Mr. Waldron's letter, dated Cocheco, 18*^ inst. directed
to the Lieut. Govern"", relating to a Company of souljers
there wanting supply of Salt, &c. was read at this Board.

[p. 232.] Province of New Hampshire.

At a Council held at Newcastle, on Monday,
the 23'' August, 1708.
Present.
The Honourable John Usher, Esq., Lt. Govern^
Wm. Yaughan, )
Saml. Penhallow, > Esqs.
John Plaisted, )
His Honour acquainted this Board that he had rec'' an
Account from Capt. Coffin of his marching as a Scout to
Wheelwright's Pond*, Whitehall, *fcc, and that they see no
manner of tracks of the enemy.

His Honour also acquainted this Board, that the two
rooms at the Fort being for lodgings for the Lieut. Govern-
our, is neither fitted or plastered, and is very inconvenient
for lodging until finislied.

Ordered, that the Treasurer take care to get workmen

* " Wheelwright's Pond " is in Lee ; and is the principal source of Ovs^er Tfiver, It
is mem iniUle t')i- the battle which was fought near it in 16!»0, between a scouting narty
of IiuliM'is and two coinjjaiiies of rangers, under Capts. Floyd and Wiswall." N. H.
Oaz. 18J3.

" Whitehall." The locality of the place is not definitely ascertained.

1708.] RECORDS OF COUNCIL. 689

and materials \vi(li all expedition, and cause the same to be
lathed and plastered, finished and completed, fit I'or com-
ibrtable Lod^injirs.

[p. 233.] Province of New Hampshire.

At a Council held at Portsmouth, on
Thursday, the 26'" August, 1708.
Present.
The Hon"^ John Usher, Esq. Lieut. Govern^
Wm. Vaughan, ^
Saml. Penhallow, > Esqs.
John Plaisted, )
His Honor the Lieut. Governor asked the Gentlemen of
the Council if they had any thing to offer to him for her
Majesty's service, and the good of the Province ; — he would
readily adhere tiiereto.

Answer — they knew nothing at present.
His Honour acquainting this Board that having an
account of the Enemy most of them being returned,
desired to know their opinions whether the Spy vessels
might be ordered to continue or to be dismist.

It is the opinion of the Council that upon the return of
the Spy vessels, they be dismissed if they have made no
discovery of the Enemy. [Speedwell dismissed, the 29"*
AugS 1708.]

The Selectmen of Exeter according to notification, ap-
peared at this Board, and gave his Honour an account that
they had a Barrel and a half of powder and 200'^'' of shot
in their Town Stock, it being generally the full quantity of
that place.

His Honour made the following speech, in haec verba
sequcn :

Gentlemen —

At my coming into this Province, informed you, Mr. Chase at
TIanipton had made provision for my Entertainment; but at the
nM|nest of tliis Board I went, to Portsmoutli, and from thence to
li(u- Majesty's Fort; I must say tlic provision made for my Lodg-
ing- worse than my uegros servants (but tliat is over) — both as to
room and lodging.

While in the i'rovince, both night and day taking orders for
security of the Province, I shall give full orders and directions
that are needful as to the Militia.

590 PROVINCE OF NEW-HAMPSHIRE. [1708.

[p. 234.] Having leave from his Excellency for ten days, I
coming away at an hours warning, left all my concerns in a suf-
fering condition, — design to go home.

Upon my return to his Excellency shall render account of the
true state of this Province, though the burthen of the Government
hatli lain heavy on my shoulders, having no rest day nor night;
hope you, Gentlemen, will do whats proper, but must acquaint
you tlie ordering the Militia is in the Commander-in-Chief and not
for the Council to contradict the Commander in Chiefs ordei's to
the Militia. If you have anything to offer to his Excellency I
shall take note thereof.

Province of New Hampshire.

At a Council and General Assembly
held at Portsmouth on Thursday, the
2*^ September, 1708.
Present.

Peter Coffin ^ John Gerrish, ^

-n 1 i. TTiiwi. f -17 vVm. Vauffhan, I ^^

Robert Ellott, Esqs. g^^^^^_ Penhallow, r'"^''

Nathl.Weare, ) John Plaisted, J

Whereas it is credibly reported that there has been lately
several Indians heard, as it is supposed, whistling about
Little Harbour and towards Sandy Beach, in the night
time : —

Ordered that Capt. Thomas Phipps, Esq. and Tobias Lang-
don send out each of them half their Companies tomorrow
morning early, to scout the woods near Little Harbour and
Sandy Beach, in order to make a discovery of the Enemy,
and that the Secretary issue forth his orders accordingly.

The following letter was read at this Board

Portsm", Sept. 2^ 1708.
May it please your Excellency.

Wee received yours of August, the 16"', and should have answered
it sooner had not the Lt. Govern'' been then here, but heartily
sorry that your Excellency should resent what wee have writ, in a
different sense to what we ever intended; for there was not tlie
least design of offering any indignity to your Excellency, or in-
vading your Excellency's power; but Avherein wee have writ any-
thing oifensive to your Excellency, wee humbly heg your Excel-
lency's pardon, resolving in all things to submit ourselves to what
your Excellency shall advise for her Majesty's interest in this
Province.

At same time, wee humbly Crave leave to infoi-m your Excel-

1708.] RECORDS OP COUNCIL. 591

leiiry lliat l)y tlift advice of Lieut. Govern'' Usher, unto several of
tlie CapL* before his return iioine, he was pleased to dire(;t tlieni,
in no res[)ect to observe any order tiiat niiyiit come from her Maj-
esty's Council rciiating to the Militia, by which means wee are
rendered little and her Majesty's interest in this juncture may be
very much obstructed; insomuch, that when the news Came of
llaverill's bein^' attacked, Major Smith was pleas(>d to advise Cajjt.
rhii)ps tiiereof, without j^iviny any of us the least hint, by which
means wee were kept in ij^-norance; antl unless there be some r(!g-
ulation shall be rendered uncai>able from time to time of sending
your Excellency any account of matters.

Wee will always pay that deference to your Excellency and all
your orders, as not to contradict them; but while wee bear the
figure of the Queens Council, wee expect from all Ofiiccrs both
Civil and Military a respect suitable to our Station..

Ordered that the Secretary Ingross the aforesaid Letter
and direct it to his Excelleticj, the Governor, and sign it.

Per order of the Council —
Chas. Story, Secretary.

[p. 236.] Province of New Hampshire.

At a Council held at Portsmouth, on
Friday, the 7"^ January, 1708-9.
Present.
Peter Coffm, ) j,^ ^ Robert EUott, ] -^^ ^

"Wm. Vaughan, ) ^ ' Saml. Penhallow, j ^ "
His Excellency's letter of the third of January, 1708, re-
lating to the forwarding Colonel Hilton's March with the
Forces Eastward against the Enemy, on Monday next, if
the weather permit, and to obtain a Minister to accompany
him in that Service, was communicated.

Mr. Treasurer Penhallow acquainted this Board that he
had gott all things in readiness for the subsistance of the
Forces that goes out of this Province, excepting Blankets,
which Cannot be produced at any Shopp in this town. It
is therefore ordered, that Lt. Colonel Hilton issue forth his
orders to the several Capts. of the several towns of this
Province, who sends out souldjers upon the said nuxrch,
that each town furnish their souldjers with Blankets, and
in case they refuse to do the same, that then such Capts.

592 PROVINCE OP NEW-HAMPSHIRE. [1709.

apply themselves to some Justice to impress what Blankets
may be wanting for such soldiers.*

Ordered that a Shallop and men proper be forthwith im-
prest to carry provisions and necessaries for the abovesaid
Forces to Cascoe, and there deliver the same to Capt.
Moody, Commander of Cascoe Fort ; And that the Secre-
tary issue forth his warrant accordingly.

[p. 237.] Province of New Hampshire.

At a Council held at Portsmouth, on
Thursday, the 20"" January, 1708.
Present.
Peter Coffin, ) ^ Wm. Vaughan, )

Robert Ellott, ] ^^^^' Saml. Penhallow, [ Esqs.

John Plaisted, )

His Excellency's letter dated Boston, 10*'' January, Cur-
rent, relating to two Acts of Parliament to be proclaimed
with the usual solemnity — to wit.

An Act for ascertaining the Rates of Foreign Coins in
her Majesty's Plantations in America.
The other—

An Act for the Encouragement of the Trade to America,
was communicated at this Board :

Ordered that the said Acts be forthwith published, ac-
cordingly.

[p. 238.] Province of New Hampshire.

At a Council held at Portsmouth, on Thursday,
the 17''" of March, Anno Domini, 1708.
Major Wm. Vaughan, ^

Robert Ellott, > Esqs. Saml. Penhallow, ) p^„

John Gerrish, ) John Plaisted, ) ^

Mr. Treasurer Penhallow's General Account for the year
1707, and part for the year 1708, amounting to the sum of
ISSo"': 7": 2'^: was sworn to by the said Mr. Penhallow, to
be a just and true account both of Debt and Credit, which
was allowed in Council.

*" Col. Hilton again marched toward the headquarters [of the Indians] with one
hundred and seventy men, at Amasaconty, Pifjwacket, and other places adjacent ; but
afer a long an 1 tedious march could make no discovery." Penluillow's In. Wars. N.
H. Hist. Coll. I, p. 60.

1709.] RECORDS OF COUNCIL. 593

[p. 230.] Province of New ITampsliire.

At a Council held at Portsmouth, tiie
31^^' day of March, 1709.
Present.
Peter Coffin, ) Wni. Vaughan, )

Roliert EUott, S Esqs. Hand. Ponhallow, > Esqs.
Nathl. Weare, ) John Plaisted, )

The Council was this day advised, that whereas out of
the Grant of 860"' to her Majesty for the Su{)port of this
Government, made the 1(3*'* October, 1707, by the General
Assembly, for payment of the Province Debts, and for pre-
paring an Address to her Majesty, and other incident
charges, as the said Act is entituled : 250"' thereof, was
appropriated specially by the Council and Assembly, for the
sujtport of their Agent attending her Majesty with the said
Address, and it having been neglected to enter the Advise-
ment of drawing the same out of the Treasury agreeable to
the vote of both Houses :

The Secretary is hereby directed now, to enter the same
accordingly in the presence of the Council.
So far gone to England.

[p. 240.] Province of New Hampshire.

At a Council held at Portsmouth, on
Friday, the 3'' June, 1709.
Present.
Peter Coffin, } ^.^^^ Robert Elliott, | j,^
Wm. Yaughan, j ^ ^' ' Saml. Peidiallow, | *^' *
His Excellency's letter, dated Boston, 30"' May, 1709,
was comnmnicated at this Board, in hgec verba Sequen :

Boston .30"> May 1709.
GentI €7)1672:

I am extremelv surprised to hear an intimation of any back-
wardness 1)1 any officers or others concerned in tlie Province of
New Ilainpsliire, that I Iiavc not the number apjiointed coininf^ to
me; I liave given my Warrant to ('olonel Hilton to raise and
march ninety four men & officers to this place; and desire and ex-
pect of you that you be in all things assistini^ to his march, and
that the Treasurer sui)i)ly the subsistance ashoare, as well as the
Transi)orts, and subsLstance for four months durin<»- the voyage;
all her Majesty's other Governments arc iu earnest; Conueoticut

594 PROVINCE OP NEW-HAMPSHIRE. [1709.

lias doubled their Quota, New York has added five hundred, and
we are no doubt drawiiii^ back. I pray you not to put me upon
any methods in this matter that may be greivous.*

I am Gentlemen, your humble Servant.

J. DUDLET.

On her Majesty's service,
To Mr. Secretary Story, to be
presently Communicated to the
Gentlemen of her Majesty's Council
of New Hampshire — Portsmouth.
J. Dudley.

[p. 241.] Province of New Hampshire.

At a Council, held at Portsmouth, on
Thursday, the 16'" June, 1709.
Present,
^lajor Wm. Vaughan, \ p Saml. Penhallow, ) ^

Robert Elliott, ] ^^^^- John Plaisted, \ ^^^^•

His Excellency the Governor having this day communi-
cated to us letters from the Honorable Colonel Vetch,
covering the Addresses and application of the several Gov-
ernours of New York, Connecticut and Pensylvania to the
Honourable Colonel Francis Nicholson, Esq. to accept the
Command of the Forces of those her Majestys Provinces
and Governments in the present Expedition ; We do hereby
signify our great satisfaction therein, and desire the Gov-
ernour will please to transmit this our vote to the Honour-
able Colonel Nicholson, accordingly.

Ordered, that the Secretary send his Excellency a copy
of the above vote of Council by this Post, and Counter
sign his name thereto by order of the Council.

[p. 242.] Province of New Hampshire.

At a Council held at Portsmouth, on
Monday, the 20'" of June, 1709.
Present.
The Honourable John Usher, Esq. Lieut. Governour.
Wm. Vaughan, ) -p Saml. Penhallow,

Robert Elliott, f ^^^^- John" Plaisted, ' j ^^^s-

* [The object of this expedition was to make an attack on Canada; which, however,
entirely failed.— Ed.]

1709.] RECORDS OF COUNCIL. 505

Ilis Honor llie Lieutenant Govcinour made tlic following
speech, in lia^c verba sequcn.

Gentlemen —

His Exc'oUoncy liavinir account tliirty luou phort of number
Quota aiti)()iiitoil for (liis (.'ovcvuuiout, for licr ]\I:ijcstys service for
Exju'ditiou in rcduciuji" Canada, Die jilorious undcrfakin*^- of .«o
p-cat an enteri)ii«e by lier Cii'acious [Majesty, tci^ctlier Avitli tlie
cbar«>e and exjiense fnun tbe CroAvn should liavo been in jjarticu-
]ar incourajienK'nt to tliis lier Government, considerinjr, please
Gt)d to oive success, will be lliat i)ersons may sit (juiet under their
oAvn vines, — am sorry there sliould be a neglect attended -vvitli
disorders.

Ilis Excellency would have the Transports dispatch with si)eed,
and that due care be taken for full allowance for four months from
Kautaskett, and care for their subsistance while they stay, tliat
tlicymayuot waste their stores; and provision for olBcers, & sick
and wounded.

His Excellency's desire is that you would supply Major Walton
"with twenty pounds.

In obedience to his Excellency's commands, I am come into the
Province to promote and forward his desire as above.

Gentle wen —

It is now' about twelve months I came into the GoA^ernment
with hazard of my life: staid by his Excellencys connnand some
time, spent my owu mony and time, had no allowance, am now
come again, expect allowance as is in Honor due to the Queen's
Commission ; knowino- considerable hath been advanced lor oth-
ers, as by ace'" sent home.

It is his Excellencys ])leasure you sit every day till all things
accomplished, liope you [p. 2-io.] will dispatch all things to satis-
faction ; there is nothing thats proper for me to do shall be want-
ing.

I have ordered all Commission officers to attend me that due
care may be taken for supply of the soldiers.

Gentlemen —

It seems strange that his Excellency for a long time should give
orders for im|)ressing two Transport Vessels, and men to navigate
them, for her Majestys service: that when I now come into the
Province wanting al)out five or six (when Seamen walk in the
streets) that lam obliged to lay an Imbargo: must say service
not promoted as ought.

His Excellency the Governor's letter of the IG"^ current,
dated at Roxbnry, relating to the Transports and provisions
for four months full allowance for our Quota of men, and
for snl)si.'^tance while they tarry in the country, and lor pro-
visions for the ofiicers and sick and wounded ; as also that
there is thirty men wanting of our Quota, and that the
Council sit de die in diem till all things were done to satis-
faction, was communicated at this Board.

596 P.^OVINCE OP NEW-HAMPSHIRE. [1709,

The Council in Answer to his Excellency's said letter,
are of opinion, that it is very necessary that there be four
months provisions full allowance for our Quota of men at
Nantaskett, as also subsistance for them till they depart
from thence ; and have discoursed the Treasurer relating
to the same, who acquaints tlieni that by reason of the un-
expected length of time of the Fleets tarrying, there will
be wanting (besides what is raised by Act of Assembly)
two hundred and fifty pounds to purchase the said provis-
ions and subsistance.

The Council replies. That there can be no mony raised
till an Assembly meets ; who desires the same may be sig-
nified to his Excellency, the Governor.

Ordered, that the Proclamation about Deserters, in 'hsec
verba sequen : be forthwith published,
[p. 214.]
By the Honorable John Usher, Esq. Lieutenant Governour

and Commander in Chief of Her Majestys Council of

New Hampshire, in New England, in America: —

A PROCLAMATION.

Whereas divers persons withiu this her ISEajesty's Province of
New Hampshire have been impressed into her Majestys service
to go u])on an Expedition to Canada against tlie French and
Indian llebels and Murtheres, who liave since run away and de-
serted the said service —

I have thought lit by and with tlie advice of her Majestys Coun-
cil, to issue fortli tliis I'roclamation, tliat in case such deserters or
any of them doe come in and snrrender tliemselves to some of her
Majesty's Justices of tlie Peace, witliin this Province, within forty
eight hours, there sliall be noc Fine or punishment inflicted upon
them; — otherwise they will be proceeded against with utmost se-
verity of Law. And all her Majestys subjects and others are
hereby strictly forbidden to entertain, harbour, or conceal any of
the said runaways or deserters, as tliey will answer the contrary
on the penalty of the Law.

Giv^en at the Council Chamber, at Portsmouth, the 20* day of
June, in the eighth year of her Majesty's Reign, and Anno Dom.
17O0.

John Usher.
God save the Queen.

By order of the
Lieut. Governor
and Council.

Chas. Story, Secretary.

Adjourned till tomorrow morning ten of the clock.

1709.] RECORDS OF COUN'CIL. 597

[p. 245.] Province ol' New Hampshire.

At a Council held l)y adjouinnuMit
on Tuesday, the 21**' June, ITO'J.
Present.
The Lieut. GoV.

Wm. Yano,lian, ) -p, Samuel Penhallow, ) y

Rol.ert Elliott, ( ^^^^' John Plaisted, \ ^^''-i^'

Plis Honor the Lieut. Govcrnour and Council, havin<>; dis-
coursed IVfr. Treasurer relating to the suljsistance of the
soldjers at her Majestys Fort, Wm. and Mary, with pro-
visions,

Mr. Treasurer answered, That he was incapable of doe-
ing the same, for that he had no pork or salt provisions,
nor knew not where to get any in these parts ; and alsoe
that there was no mony in the Treasury to pui'chase the
same, but he hopes in 14 days time he may be al^le to sup-
ply them.

Ordered that whereas there was two vessels formerly
voted by the General Assembly in May last, for Mr. Com-
missary Penhallow to take up as Transports upon an Expe-
dition to Canada, and whereas the said Commissary hath
taken up the Brigantine Newcastle, and the Sloop Exeter,
who are now in readiness to sail for Nantaskett: —

That the Secretary issue forth a warrant of apprisement
directed to Capt. Richard Wybrid and John Wincal, to
value and apprise the Sloop Exeter ; and to Robert Elliott,
Esq. and Hugh Reed, to value and aj)prise the Brigantine
Newcastle, uj)on their oaths, and to an Inventory of each
Vessel's Tackle, aj)parrell, furniture, &c. and return the
same into the Secretary's office within three days. And that
the said Vessels be allowed and paid in proportion pro
rata as the Massachusetts Government pays, as likewise
the Sailors, Officers, and Soldjers.

Ordered, that the Lieut. Govcrnour be paid out of the
Treasury five pounds, for his Exj)enses and disbursements
in Coming into this Province about our Quota of men and
Transports, in [p. 246.] order to hasten them to Boston ;
and that for his Extraordinary Care, charges and good ser-
vice, it may be laid before the next General Asseml)ly, that
a sum of money may be presented him as a Gratuity for
the Same.

598 PROVINCE OF NEW-HAMPSHIRE. [1709.

Province of New Hampshire.

At a Council held at Portsmouth, on
Sunday, the 2G'^ June, 1709.
Present.
The Honorable John Usher, Esq. Lieut. Governour.
Wm. Vaughan, Esq. Samuel Penhallow, Esq.

John Plaisted, Esq.
His Excellency's letter of the 24"' Currant, directed to
the HonouraMe Colonel John Usher, Esq. relating to 200
Indians marched from Mont Real thirty two days ago, was
communicated at this Board.

His Honor acquainted the Gentlemen of the Council that
he had issued out orders to Colonel Hilton, to raise the
Troop and forty Soldiers to range the Frontiers, from
Kingstown to Newichawanack, and to keep watch and ward,
and to put all in close garrison and therefore proposes to
know what method to take, that the Troop and the forty
soldiers as a Scout be provided for with provisions.

The Gentlemen of the Council think it highly reasonable
that provisions be taken care for accordingly.

Ordered that Mr. Treasurer Penhallow, take speedy care
that the Troop and forty soldjers abovesaid, be furnished
with provisions necessary for the scouting.

In answer to the above order, Mr. Treasurer saith he has
no salt provisions, neither [p. 247.] knows where he can
procure any in these parts, but can spare about 200"' of
Bread and is very free and willing to advance for the pur-
chasing of provisions needful, as soon as it possibly can be
got, provided the Assembly raise a fund for the same.

Province of New Hampshire.
At a Council held at Portsmouth, on Monday,
the 27*'' June, Anno Domini, 1709.
Present.
The Hon''"" John Usher, Esq. Lieut. Governour.
Peter Coffin, ) ^ Major Wm. Vaughan, ^

Robert Elliott, j ^^^' Saml. Penhallow, > Esqs.

John Plaisted. )

His Honor the Lieut. Governour was pleased to make
the following speech, in heec verba sequen.

1700.] RECORDS OF COUNCIL. 509

GentUmen : Yesterday I communicated to you his Excellency's
letter ol'llie24"' June, <iiviiifr ncrount of Indians (•(iTninf;lViini ]\Iont
Real. I liavc his i'lxccnoic} "s Idler of .Iiinc. 'J lien wjinfcd '2G
men; \hx\\ if I send I'd by the Tiansjiorf and llic ('(luiicil lie con-
tented to have six men liiicd at live jionnds a man, did Jnd^'c they
may he had ; be ])]eased to grant your consent that Major AValton
may have them accordingly.

The Council arc of opinion iliat they are no way con-
cerned in liirintr of men.

Mr. Treasurer Penhallow proposed to his Honor the
Lieut. Ciovernour, and the Gentlemen of the Council, that
there might he a Minute of Council made relating to the
suhsistance of our Quota of men, how much per diem he
must allow each officer and soldier, for suhsistance on the
present expedition to Canada.

[p. 248.] Ordeied that each officer shall he allowed in
equal projjortion with those of the Massachusetts, according
to their establishment.

Proportion for Ordinance, Carriages, powder, shot, ttc. to
he issued for sup[)ly of her Majesty's Province of New
Uampi-hire, in America, viz : —

Iron Ordnance Minion 12

Travelling Carriaoes for ditto 12

liound IShot for Minion 300

Tin Cases tilled with Musq' \ ,g^

Shot for Minion \ ^^^

la. gp.

Ladle and Sponge 12 12

Ladle Staves 12

Cases of Wood for Minion 24

Funnels of plate 4

Corn powder 116 Barv'

Maloh 4 *^"'

Sheet Lead 1 ""^^

Aprons of Lead 12

Linspins 12 j).

Sieges ........... 2

lloseeockeys [?] 24 p.

Small nietting Ladles 2

Kailes of 40" 600

20 1000

10 2000

6 rOOO

2 2000

Field Bedds 12

Conies iJG

Tompkins small 12

GOO PROVINCE OF NEW-HAMPSHIRE. [1709.

Heads andRamers small 12p.

[p. 249.] Formers Small 4

Budoe Barrels 4

Crows of Iron . . ' 12

Tann'i Hides 8

Sheep Skins 3

Basketts 12

Paper Royal 11 Rhm

Tallow P^'

Starch 14"'

Needles 14'^«^

Thread 14'*'

Musco Lights Ordinary 4

Ditto Extraordinary 1

Waddliooks ^ . . . . 4

Hand Crow Leavers 24

Powder Horns 12

Priming Irons 24

Linsocks 12

Martin 12

Twine 14

Wire 4

Felling Axes 12

Broad Axes 4

Cross Cutt Saws 2

Large Sledges 2

Large Hanmiers 2

Ordinary ditto 2

Shovells 100

Pick Axes 25

Spades 10

Hallvard Ropes 200 yds

[p. 250.] Iron of Sorts 2 Tuns

Field Drums 2

Ditto Heads 2 .

Spare Rimms ......... 2

Copy. J. Dudley,

Boston 15* October, 1709.

I this day reed letters from the Board of Ordnance, dated the
ll*** of August last past signed C. Musgrove and Ja. Craggs, with
the inclosed Invoice of Ordnance, powder and Stores, for tlie ser-
vice of the Province of New Hampshire, which are now arrived
in the River of Piscataqua, on board the Shij) Supply.

These are therefoi-e to im])ower and requii-e you and every of
you forthwith, to acquaint tlie Master of tlie Supply, that you ai-e
ready to I'eceive the said Ordnance and Stores ashore; and you
are hereby directed to lodge the Cannon and Carriages and uten-
sils belonging to them in the Fort, and take particular receipt of
the Commander of the Fort for every particular by indent, and
bring up the powder to the Bank, and take a proper chamber to
lodge the same, and put good locks upon them, and appoint a
Store Keeper, and let nothing be thence delivered but by warrant

1709.] RECORDS OF COUNCIL. COl

•

under (lie liaiid (if her Majestys Govcrnour or C(iin;ui(lci- in Chicfo
for the (inu- beinji".

ir any i)art of the said Stores shall not answer the Bill of Load-
ing, you shall rcniai'k the same; to nie, and <;ivo tin; receipt, neces-
sary to the blaster of the saiil Snpitly, and enter your jMoceediiigs
liereupon with this letter, in the Council liook of the Province of
New llanipshire. Given under my liund,

J. Dudley,

vera Copia Attesf
\y Chas. Story, Secretary
To the Honourable

Wm. Vau^han, ^

Sam' Penhallow, > Esqs.

Mark llunkins, )

[p. 251.] Province of New Ilampsliire.

At a Council held at Portsmouth,
on Friday, the 11'" of November, 1709.
Present.
Wm. Vanghan, \ -p^ John Gerrish, )

Robert Elliot, \ ^^^^' Saml. Penhallow, [ Esqs.

John Plaisted, )
His Excellency the Governours letter was read at tliis
Board, in hsec verba sequen.

Boston, 7'" Xov. 1709.
Sirs. At the Congress of her Majestys Governours at Rehoboth,
amongst other articles tlien concluded, of which you Gentlenu'ii
had a copy, it Avas moved that the Asseuiblics should be desired to
send an Agent to assist Colonel Nicholson in the IJepresentatiou
of the state of the Provinces ; and to put forward an expedition
against Canada the next year.

I am not sensible to what time the Assembly is prorogued, but
desire the Gentlemen of the Council forthwith to meet, and give
me their opinion whether it be not best for the Province of New
Hampshire to send ; let me hear by this post, tliat I may accord-
ingly order the sitting of the Assembly.

■ Conecticutt have chosen their Governour Salliston,* who writes
me that lie will attend the service, and I shall move it now in the
Assembly. Connnunicate this immediately, and let me have the
Gentlemen's advice tliereupou.

I am S" your servant,

J. Dudley.
For her Majestys Sei'vice

To Mr. Secretary Story,
J. Dudley. Piscataqiia.

[•Saltonstall.]

602 PROVINCE OF NEW-HAMPSHIRE. [1709.

The Gentlemen of the Council in answer to the aforesaid
letter, declared that it was their opinions, an Agent be sent
from hence as one improved from this Province, to assist
Colonel Nicholson [p. 252.] in the Representation of the
State of tliis Province ; and to put forward an Expedition
to Canada the next year.

Province of New Hampshire.

At a Council held at Portsmouth, on Mon-
day, the twenty first day of Nov. 1709.

Present.

\Vm. Yaughan, ) t^ Saml. Penhallow, | ^
Nath^ Weare, \ ^^l^' John Plaisted, \ ^^^^^
Ordered, that a General Thanksgiving be kept through-
out this Province on the day of December

next, and that the Secretary issue forth Proclamations to
the Ministers of the several Towns, to be published in their
several meetings one Sabbath day before the said first

day of December. The Proclamation to be in haec

verba sequen :

By liis Excellency Joseph Dudley, Esq. Captain General and Gov-
ernour in Chief in and OA*er ber Majestj's Provinces of New
Hampsliire, &c.

A Proclamatiox for a Gexeral Thaxksgivixg.

It having been the good pleasure of Almighty God, who is
righteous in all His ways and holy in all His works, under a long
process of various judgments upon this sinful unreformed people,
in the midst of Judgment to remember Mercy, and [p. 253.] to show
Himself gracious to us, particularly in the Sunnuer past, in the great
measure of health vouchsafed; in granting us a mucli more plen-
tiful Harvest than we could reasonably hope for, by reason of the
sore scorching Drought, on several parts of the Province; in re-
straining the outrage of our enemies and protecting our open
towns and villages from their insults wherewith they have some
time infested us; in yet favoring us with Gospel enjoyments and
privileges, and the addition of innumerable other blessings, all
whicli demanded our most grateful acknowledgements: —

I have therefore thought fit, by and witli the advice of her
Majesty's Council to order and appoint Thursday, the first day of
December next, as a day for public general Thanksgiving
throughout this Province, to celebrate the High Praises of God for
His many and great mercies to our sovereign Lady the Queen, our

1"10.] RECORDS OF COUNCIL. C03

Katioii, iiiid oiii-)^clv("s : lioi-cliy sfricily (•(uiiiiiMiuliiifr fi rclij^ions
ol).ecrv;inc(' of <lii' s;ii(l day, Corhiddiiii:' all servile labor and leerea-
tjoiis tlieieon, and e.xlioiiiiiir l»otii !^lilli^1el•s and Feojile in llioir
])ul)Iic Assondjlies, witli a 1)eeoinin^ devotion to ofler np sincere
and hearty ])raises to llie (Jod of ail our Meicics, tliat we not for-
get all His benelits, but may tlirouj^h Grace buve the continuance
of His lavors.

Given at the Council C'han)])er at Portf-nioutli, the 21'-' day of
November, 17(l9, in the ei^ilith year of tlie IJei^n of our Sovereijrn
Lady Anne, by the (Jrace of (Jod, of Great Jiritain, Fraiice and
Ireland Queen, Defender of tl)c Faith, &c.

God Save the Queen.
By order of liis Excellency
the Governour, with tlie
advice of the Council.

CiiAS. Story, Secretary.

J, Dudley.

[p. 256.] Province of New Hampsliire.

Att a Council held at Portsmouth, on
Monday the third day of June, 1710.
Present.

Major W'". A'aughan, ) ^^ Sam". PenhalloAv, ) p

Robert p:iliott, \ ^^^^- John Plaisted. | ^^^®'

His Excellency's Letter was read at this Board in hase
verba Sequen : —

S"" : This directs you upon receipt hereof to Summons
the ^lembers of her IMajcsties Council to attend at the
Council Chamber in Portsmouth, and there to Communi-
cate to them the two inclosed Orders of her JMajestie in
Council directing the Admission of Richard Waldion, Esq""
and ]\Iark Hnnkins, Esq"^ to be Members of her Majesties
Council of the province of New Ilamjishire ; Avhcrcin you
will Observe her Majesties more particular Commands re-
ferring to Mr. "Waldrcm.

You Shall then and there Administer the Oaths ai)pointcd
by Act of ])arliament, instead of the oaths of Allcgeance
and Supremacy to each of them, and take their Suliscrip-
tion to the Dechuation apj)ointed by the Said Act, and alike
the Oaths of Councillors and make a Record of her Maj-

60i

PROVINCE OF NKW -HAMPSHIRE.

[1710.

esties Orders in Council and of this Order and your pro-
ceedings thereupon, in the Council Book.

Given under my hand
J. Dudley.
To Mr. Secretary
Story to be Com-
municated.

Her Majesties Orders are as followeth, viz

257.] At the Court at Saint James's the 20''^ December, 1705.

Present.
The Queens most Excellent Majestic,
His Royal Highnesse prince ?
Georije of Denmark, >

Lord Keeper,
Lord Treasurer,
Lord President,
Duke of Bolton,
Duke of Schonberg,
Lord Chamberlaine,
Earle of Stamford,
Earle of Radnor,
Earle of Bradford,
Lord Faulet,
Lord Dartmouth,

Lord Coningsly,

M'' Speaker,

M"' Vice Chamberlaine,

M"' Comptroller,

M"" Secretary Hedg-es,

Loi'd Ch. Justice Holt,

Lord Cli. Justice Trevor,

M' Vernon,

M'' How.

Upon Reading this day at the Board a Representation from the
Lord Com'* for Trade and plantations, humbly ottering tbat her
Majestic will be pleased to Constitute Richard VValdron one of
the Council of New Hampshire, in New England, being Recom-
mended by Colonel Dudley the Governor there, as a person fitly
Qualified for that trust in the Room of John Hinks wlio has left
that Countrey without his leave, her Majestic in Council aiiprove-
ing thereof is pleased to Order that the said Richard AV^ahh'on be
forthwith Sworn and admitted of her Majesties Council of New
Hampshire, as is proposed in the Said Representation; And the
Right Honourable M'' Secretary Hedges is to prepare a warrant
for her Majesties Royal Signature, for Constituting the Said
Richard Waldrou a Member of the Said Council accordingly.

Edward Soutiiwel.

Duplicate.

1710.]

RECOUPS OF COVNCIL.

GOfj

[r. 258.] Att (lie Court at Ifaiiit Jimics's the 3P' March, 1709.

Present.

Earle of Essex,
Earlo of IJiidnor,
Earle of Wliartoti,
Earle of Scarborough,
Earle of Loudouu,
Earle of Scafield,
Eailo of Marr,
Lord Townshcud,
Mr. Secretary Boyle,
Mr. Vice Chamberlaine,
Lord Ch. Just. Trevor,
S' Chas. Hedges,
Mr. How.

Lord Chancellor,
Lord Treasurer,
Lord President,
Duke of Somerset,
Duke of Leeds,
Duke of Bolton,
Did<e of Eoxborough,
Lord ClKunberlaine,
Marquesse of Dorchester,
Lord Admiral,
Earle of Stamford,
Earle of Manchester,
Earle of Bivers,

Upon Beading at the Board a Bepresentation from the Lords
Comr'* of Trade and i)lantati()ns dated the lo"' instant. Setting
forth that Colonel Dudley, her Majesties Govern'' of the province
of New Hampshire, having Informed that there are two Vacancy"
in the Council of the Said province by the Death of George
Jaflrey (1) and Henry Dow (2), late members of the Said Council,
whereby it is ditFicult for him to gctt a Quorum of live Counci^llors
to attend the Seivice of the ]5oard, andhavcing tliereui)on Becom-
nicnded Mark Ilunkins, Escf (,'5) as a person titly (^ualitied to
Serve lierMajes'''^ in one of the Said Stations; And the Said Lords
Com*" humbly otfering that her JMaj"'^' would be pleased to Consti-
tute & ap])oint the Said Mark Hunkins a Member of the Council
there accordingly, Her I\lajestic in Council a])proAing thereof is
hereby pleased to Order that the Said Mark Hunkins be Consti-
tuted & appointed a Member of her Majesties Council of New
Ham])shire, to Sup])ly one of the said Vacancy* And the Bight
Hon''''' the Earle of Sunderland her Majes"'''' principal Secretary of
State, is to prepare a Warrant for her Maj"™ Boyal Signature,
Constitutcing and ai)i)oii!i(,'iiig the Said ISIark Hunkins. a member
of her Majesties Council in the Said province, and requiring the
Govci'uour or Commander in Chiel'e of the Said province for the
time being to Swear and Admilt the Said Mark Hunkins to be
of her Maj"^° Council there accordingly.

Edward Southwell.

Duplicate.

(t) Georjje Jaffrey, of New Castle, died at Col. Appleton's inlpswicli, IMs. 13th Feb
ruaiv. ITdT, agcil 6'J.

(2)'llttirv I)(>\v. of Hampton, died 6tli May, 1707, ag;pd 73.

(3) Mark iliiiikins. or llmikiiig. was of I'ortsmouth. "He was a merchant of liberal
views aiid high moral worth."— Ed.

606 PROVINCE OF NEW-HAMPSHIRE. [1710.

[p. 259.] Att a Council held at Portsmouth,

on the Seventh day of June, 1710.
Present.

Major Wm. Vaughan, } ^ Sam' Penhallow, \ j^

Robert Elliott, j ^^^^' John Plaisted, j ^^^^•

Ordered, that Thursday the IS''' Currant, ho kc|)t tliro'
this province as a 'General fast, And that the Secretary
Issue forth proclamations accordingly to the Several min-
isters in each town of this province, in hiec Verba Sequen.

By His Excellency Joseph Dudley Esq. Capt. General and
Governor-in-Chiefe in and over her majesties province of
New Hampshire in New England,

A PROCLAMATION FOR A GENERAL FAST.

Upon Consideration of the vast Importance of the Affaires
of the present Summer in Europe ; referring to the further
prosecution of the Warr, a Treaty of peace, and of the Dis-
tresses of this province by the Calamities of the warr and
the present Sore Drought and Worms Awfully threatning
the fruits of tJie Earth, as a just punishment for our un-
fruitfulnesse and refusing to be Reformed:

I have thought fitt by and with the Advice of her
Majesties Council to appointe a General Fast to be Ob-
served throughout this province, on Thursday, the Fifteenth
of June Currant, Strictly forbidding all Servile Labour
thereon, and exhorting both ministers and people in their
Respective Assemblies on the said day, with humble peni-
tential confession of our manifold Sins and Transgressions,
And Sincere and Fervent Supplications to Almighty God, to
Implore the Divine Mercy for the following desirable bless-
ings, (that is to Say) that the Sacred person of our Sover-
aigne Lady the Queen may always be under the Divine pro-
tection and preserved ag* all Attempts and Conspiracies,
Her life long Continued, and her Majesties [p. 200.] Just
Arms with those of her Allies be crowned with Glorious
Victories and Successes, And all Overtures of peace be
Gratiously directed. That her Majesties Commands for
these provinces may Speedily Arrive to us and be attended
with Success, that our Frontiers and Sea Coasts may be
under the protection of Heaven ; Infections, Mortal Sick

1710.] RECORDS OF COUNCIL. COT

nesscs Kept out from iis ; That our prisoners in llic hands of
the Enemy may not he poysoncd with the Romish Religion
but Soon returned Home ; That God would Gratitjusly jiitty
us with respect to the Drouoht aiul ])evourers, Sj)cedily
send plentil'iill Rainc for Refreshing the Thirsty Earth,
revive the Languishing fruits thereof, and Heliuke the
Worms and insects. Grant his Gratious direction to the
Govern' and his Blessing on all their Just Administrations ;
That the Spirit of Grace may be poured out upon all De-
grees and Orders of persons among Us ; That the true
protestant Religion may be propagated through(jut the
whole Earth.

Given in the Council Chaml)er at Portsmouth, the seventh
day of June, 1710, m the ninth year of the Reign of our
Soveraigne Lady Anne, by the Grace of God, of Great Brit-
taine, France and Ireland, Queen, Defender of the faith,
&c. J. Dudley.

By order of his Excellency
with the Advice of the
Council.

Chas. Story, Secretary.

God Save the Queen.

[p. 261.] Province of New Hampshire.

Att a Council held at Portsmouth, on
Fryday, the 16'" June, 1710.
Present.

Major Wm. Yaughan, )
Robert Elliott, | Esqs.

Sam^ PcnhalloAV, )

His Excellency's Letter of the 12''' of June 1710, was
read at this Board in hxc Verba.

Gentlemen —

You are hereby directed upon the Swearing of M"" Wal-
dron and M"" Hunkins, into the Council, upon the receipt of
this, to proronge the Assembly to Wednesday the 21''' inst.
and Soe from Wednesday to Wednesday weekly untill fur-
ther Order from my Selfe, that I may be ready for her Maj-
ties Commands which are to be Expected Every day.

608 PROVINCE OF NEW-HAMPSHIRE. [1710.

And lett warrants be given out in due forme for the
Choice of a New Member for portsmouth ; And that the
Commons at their next meeting receive the New Member
and lett liim be Sworn in due forme, and lett the House
proceed to the Choice of a Speaker, and lett him be Re-
ported to me that I may Send my acceptance of him into
that place ; And the House thereupon ready for buisinesse
in her Majesties Service.

I am Gentlemen

Yo'' very humble Serv*
J. Dudley.
For
Her Majesties Service

To
Mr. Secretary Story to be
Communicated to the Gentlemen,
of her Majesties Council

New Hampshire.
J. Dudley.

This day Capt. Mark Hunking, Esq. late Speaker of the
House of Representatives was Swore as a Member of her
Majesties Council, pursuant to her Majesties Commands,
and took the oath of a Councillor, And the oaths appointed
by Act of parliament instead of the Oaths of Allegiance
and Suprcmacye and Repeated and Subscribed the Declar-
ation.

Ordered, that the Secretary Issue forth a precept directed
to the Sheriffe to Cause a Town Meeting by the Selectmen
of the Town of Portsmouth, for the Electing or Deputing
a Representative in loco Mark Hunkin, Esq^

[p. 262.] Province of New Hampshire.

Att a Council held at Portsmouth, on
Monday, the 14*^ August, 1710.
Present.
The Honourable John Usher, Esq'' Lieut. Govrn^
Wm. Vauglian, ) p, John Plaisted, ) -r,

Robert EUiott, \ ^^'l^* Rich^^ Waldron, \ ^^^^'

Mark Hunkins.

1710.] RECORDS OF COUNCIL. GO'J

The Lieut. Governour made the foil. Speech in hacc
Verba :
G-entlcmcn —

Her Majesties pleasure to continue my Commission, and
while soe Shall at all times be ready to serve her Majestic
and the province, and for her ^fajestics Service am now
come into the province, hearing of the Distress of Frontier
places, and Never the like as this year, is the occasion of
my coming ; Shall readily doe what I cann for your Secu-
rity, am Informed the Enemy daily Shew themselves ; Fire
their Gunns and Killing of Cattle ; if possible Shall Oppose
them and Expell them, being come into the province, Or-
dered your Meeting that I may be Informed State thereof.

I have Ordered Militia Officers this day to meet to Con-
sult of those things which may be for yo'' Securitye.

His Excellency desired me to accquainte you was Sorry
in this troublesome time Soe many men are drawen off for
her Majesties Service, but he would take care to Order
Troops to pass through province to Wells which would be
a Covering to yo'' parts.

His Excellencys letter of the 9"' of August 1710, was
read at this Board in ha3c Verba.

Roxbury 9"^ Aug* 1710.
S"

If it be not already done after the Manner of the Min-
utes you saw here and was directed to follow, when the
Council next Sitts, lett there be a minute entered.

Voted unanimously, that there be an Addresse of thanks
to her Majestic for her Majesties favours to all her good
Subjects of New England, in the Expedition to Port Royal,
to be drawn in Form and Sent by the first Conveyance.

Then lett yo'' Thanksgiving goe on for Thursday the
Seventeeth instant.

[p. 263.] If either or both these Articles be done it is
well; if not, Lieutenant Governour Usher will see them
performed. I suppose the Assembly is upp, the Council,
Especially now the Lieutcjiant Governour is with you is

sufficient for Articles. The Asscm])ly will meet

againc before any Safe Conveyance for Great Brittaine.

Lett your paperss for Whitehall be preparoing.

Yo"^ Serv'.
39 J. Dudley.

610 PROVINCE OF NEW-HAMPSHIRE. [1710.

Her Majesties Orders of the 29"' October 1709, relateing
to the former Seal of this province to be Broke in Council
and then to transmitt the Same Soe Broken to the Com'^
was read at this Board, and the said Seal was accordingly
Soe Broken in Council : which Orders be in hasc verba
Sequen.

ANNE R.

To our trusty and well beloved Joseph Dud-
ley, Escf, Our Captaine General and Commander
in Chiefe of our province of New Hampshire in
New England in America, and to our Lieutenant Governor
and Commander of our Said province for the time being,
Greeting: with this you will receive a Seal prejjared l)y our
Order for the use of our Government of New Hampshire
which Seal is Engraven with Our Arms, Supporters, Motto,
and Crown, with this Inscription round the same : Sig.
Provinci^ Nostra Nov^ Hamptoni^ in America. And
our will and pleasure is, and wee doe hereby Authorize you
and our Lieutenant Governor or Commander in Chiefe of
our said province of New Hampshire for the time being, to
fix the Said Seal to all patents and Grants of Lands and to
all public Acts and Instruments of Government which sliall
be made [p. 254.] and passed in Our name within our said
province, and that it be to all intents and ])ur[)oses of the
Same force and Validitye as any former Seal a})j)ointcd for
the publick use of the Government in our Said jirovince
hath heretofore been : And wee further will and require
you, upon the receipt of the Said Seal, to Cause the former
Seal to be Broke before you in Council, and then to trans-
mitt the Said former Seal Soe broken to our Commission-
ers for Trade and Plantations, to be laid before us in Coun-
cil as LTsual.

Given at our Castle of Windsor, the 29"' day of October,
1709, in the Eighth year of our Reign.

By her Maj"^^ Commands,
Sunderland.

Voted unanimously, that there, be an Address of thanks
to her Majcstie for her Majesties Favours to all her good
Subjects in New England, to be drawn in forme and Sent by
the first Conveyance. And that the Said Addresse be laid

1710.] RECORDS OF COUNCIL. Cll

before the General Assembly at their next Sessions for their
Concurrence therein.

Ordered that the Secretary Issue forth procLamation to
the Several Towns of this province in his Excellency's the
Governour's Name, for the encouragement of Volunteers
upon an Expedition for the Reducing port Royal. And that
the Said proclamation be according to the forme of tliat in
the Massachusetts Government, And that the Said pro-
clamation be read publikely by the Secretary, being in haic
verba Sequen : —

By his Excellency, Joseph Dudley Esq. Governor and Com-
mander in Chiefe of her Majesties province of New
Hampshire, in New England.

A PROCLAMATION.

[p. 265.] Whereas her Majestic has been Gratiously
pleased to Order an P]xpedition for the Reduceing of port
Royal in Nova Scotia, and has Ordered Several of her
Majesties Shipps of War, Marines, and Warlike provisions
and Stores from Great Brittaine (which are haj)pily Arrived)
for that Service ; withall Connnanding the Service of her
Majesties good Subjects, in this and her Majesties other
provinces and Colonics, thereto, and has been Gratiously
pleased to appointc and Constitute the Honourable Francis
Nicholson to be General and Commander in Chiefe of the
Said Expedition :

In obedience therefore to her j\[aj"''^ Said Commands, I
doe hereby perticularly and Esjiecially invite all tliose Sold-
jers who bore lier Majesties Arms the last year, for the then
intended expedition, to come and take upp the Arms tiiey
tjien bore. And enlist for the present expedition ; And for
the encouragement of them and other her Majesties L0)d
Sultjects able Body'' Effective men Voluntarily to offer and
enlist themselves in her Majesties Service for the said Ex-
pedition :

I doe, by and with the advice of the Council and Assem-
bly, assure them that tliey Shall have two Commission officers
of this province in each Company, And that upon the Reduc-
tion of port Royal and other the French Settlements in
Nova Scotia, or that the expedition thither be determined,

612 PROVINCE OF NEW-HAMPSHIRE. [1710.

all the Companys of this province Shall be Allowed to Re-
turne Imediatelj, except Such as shall be volunteers, — for
any other Service for Garrisoning or otherwise.

That all Volunteers in the service Shall have a Coat of
thirty Shillings Value given them, One months wages Ad-
vanced, and paid to them before their embarqueing. That
they Shall bear the Queens Arms & enjoy them for their
own for ever of her Majesties Royal Gift :
[p. 266.] That they Shall be exempted from all Impresses
for three years next coming after their Returne — excepting
Scouting near the Garrison to which they belong, watching
warding, &c.

Given at Portsmouth the 14*'' day of August 1710, in the
Ninth year of the Reign of our Soveraign Lady Anne, by
the Grace of God, of Great Brittaine, France and Ireland,
Queen, Defender of the faith, &c.

J. Dudley.
By Order of His
Excellency with
Advice of the Council

Chas. Story, Secretary.

Crod Save the Queen.

Adj'' till Fryday 9 o Clock ante meridiem.

Province of New Hampshire.

Att a Council held at Portsm°.
by Adjour' on Fryday, the IS***
day of August, 1710.
Present
The Hon'''® John Usher, Esq^ Lieut. Governour,
Samuel Penhallow ) -p
Mark Hunkin ) ^

His Honor the Lieut. Govern'' was pleased to say that the
occasion why the Council were adjourned to this day ; that
it might be expected the Force Sent out ag* the enemy last
Wednesday night, would return by this time, And Seeing
they are not. His Honor Adj'^ the Council till Wednesday
next 10 : of the Clock, ante meridiem.

1710.] RECORDS OP COUNCIL. 613

[p. 2G7.] Province of New Hampshire.

Att a Council and General
Assembly held at Portsmouth,
on Thursday, the 20"' Septem-
ber, 1710.
Present.
Major W™ Vaughan ) John Plaisted ) ^

Sam' Penhallow ) Mark Ilunkin \ ^

Ordered, that the Secretary Issue forth proclamations to
the Several Ministers of this province for a General Fast to
be kept on Thursday, the 28^^^ Currant, throughout this pro-
vince in haec verba Sequen :

A Proclamation for a General Fast.

Her Majesties Forces being now embarqueing on the
designed expedition for the Reduceing port Royal &c, an
affair of the last Consequence to these her Majesties planta-
tions ; And it being our Commanded Duty in all our wayes
to acknowledge God that he may direct our paths, Soe es-
pecially in Military Expeditions, that the Lord of Hosts may
goe forth with our Troops and Fight the Battle for us :

I have therefore thought fitt by and with the Advice of her
Majesties Council, and at the motion of the Assembly in
their last Session, to Order and appointe Thursday, the
twenty eight day of September Currant, to be Observed a
day for publiek Fasting & prayer tbroughout this province ;
Strictly forbidding all Servile labour thereupon. And ex-
horting both Ministers and people religiously to attend the
same in their respective publiek Assemblies, and with Sin-
cere humiliation, for penitent Confession of sinn and Fervent
Supplications, humbly to Address Almighty God who is
Stiled a Man of Warr, for his most Gratious presence and
Conduct to and with the Arms of our Soveraigne Lady the
Queen, in Conjunction with those of Her Allies in the pre-
sent Campaigne in Europe, as alsoe to and with the
Honourable the General, the officers and Troops in the ex-
])edition from hence ; with whome alone it is to give victory
and Success :

[p. 208.] That this long Calamitous "Warr may Speedily
be brought to a happy period, and Issue in a well-Grounded
lasting peace to her Maj"'* Kingdoms and Territories, and

614 PROVINCE OF NEW-HAMPSHIRE. [1710.

to all Europe ; Especially for Restoring of Liberty to all the
Oppressed and a free Exercise of the true Christian Religion
in those Nations where it has been Suppressed by Horrible
and Barbarous persecutions :

That our Most Gratious Soveraigne Lady the Queen may
long live, the Royal person and Government be preserved
and Defended from all Evil designes and Attempts of
wicked and unreasonable men ; That her sincere Services
done for God and his Church upon Earth may be Gratiously
rewarded with a Crown of Lnmortal Glory.

Given at Portsmouth the *21^' of September, 1710, in the
Ninth year of the Reign of our Soveraigne Lady Anne, by
the Grace of God of Great Brittaine, France and Ire-
land, Queen, Defender of the faith, &c.

By Order of the Governour by ) j p^DLEY

and with Advice of the Council. )

God Save the Queen.

Cha. Story, Secretary.

[p. 269.] Province of New Hampshire.

Att a Council held at Portsmouth
the Third day of October, 1710.
Present.

Major W™ Vaughan, ) ^ Rich*^. Waldron, ) -p

Robert Ellott, \ ^^^^- Sam' Penhallow, \ ^^^^*

M"^. Treasurer Penhallow P'sonally appearing before this
Board made oath to the truth of his Account of Debt and
Creditt for the years 1709, & 1710, Am" in the whole to
2124*'': 1^: 2'', the balance due to him remaining being
8''' : 9^ 8\

Mr. Treasurer alsoe made oath to another Ace', for the
year 1710 ; Am« to 3049, 9, 0, the Ballance due to the
province 119'", 7, 4, off which Accounts ; M''. Elliott, Major
Vaughan and Capt. Hunkin as a Committee Chosen by the
Governor and Council, Exam*^ Said acc'^ both of Debt and
Creditt, and approved of the Same as they Reporte to this
Board.

l''^'^-] RECORDS OF COUNCIL. G15

[p. 270.J Province of New Ilampshiro.

Att a Council held at Portsmouth
the 20"> October, 1710.
Present.

Major W"' Vauglian, ) p Sam' PenhaHow, } ,,

Robert Elliott, i ^''^^- John Plaisted, \ ^''^'^^^

Mark Ilunkin.
Ordered, that Jr Secretary Story Issue forth Several
proclamations for a General Thanksgiving throughout this
province, to the Several Ministers in the Said province to
publish the Same in their Several Meetuigs, in hajc verba
Sequen:

A Proclamation for a General .

By His Excellency Joseph Dudley, Esq. Capt. General
and Governor in Chiefe in and over her Majesties ]^rovinces
of the Massachusetts and New Hampshire, in New p]iigland.

It having pleaced Almighty God Gratiously to favour us
with Signal instances of the Smiles of his merciful jjrovi-
dence and presenting Blessings of Goodness in the present
year, particularly in a General health putting a Stopp to
the Spreading of Infectious Mortal Sicknesses when br(jught
in from abroad ; In Granting a very plentifuU Harvest after
AwfuU threatnings of pinching Scarcity by an early Scorch-
ing Drought ; In prospering Her Majesties Brittish troops
in Conjunction with those and of this and the Neighboring
Governments under the Command of the Honoral)le Gen-
eral Francis Nicholson in the late Important Expedition
from hence, delivering upp the Enemy and their Strong
Hold into the hands of her Majestie's Forces with Soe little
Effusion of Blood, and returning them in Safety, and Grant-
ing soe many Glorious repeated Victories to her Majesties
just Arms with those of Her Allies Over the Common
Enemy in Europe : [p. 271.] All which and many other
undeserved mercies, not enumerated by us, under the high-
est Obligations of Duty and Gratitude to our most Orations
God the Father of all mercies from whome we have received
these and all other Blessings in Answer to prayer. And to
him Alone be the Glory :

1 have therefore thought fitt by and with the Advice of

616 PROVINCE OP NEW-HAMPSHIRE. [1710.

lier Majesties Council, at the Concurrent desire of the As-
semblie in their present Sessions, to order & appointe a
publick and General Thanksgiving througliout these prov-
inces of the Massachusetts Bay and New Hampshire, upon
Thursday the Sixteenth of November next, to Celebrate the
praise of Almighty God ; — Exhorting both ministers and
people in their Respective Assemblies to Glorifie God by of-
fering upp Sincere & Hearty praises to him ; withall pray-
ing tliat wee may be helped by Grace to Order our Conver-
sations Aright, that Soe wee may see more of his Salvation.
And all Servile labour is hereby forbidden upon the day
aforesaid.

Given at the Council Chamber at Portsmouth, the 28^*^
day of October in the ninth year of the Reign of our Sov-
eraigne Lady Anne, by the Grace of God, of Great Brit-
taine, France and Ireland, Queen, Defender of the faith,
<fec.

J. Dudley.

By Order of his Excellency the Governour with the Ad-
vice of the Council.

Cha. Story, Secretary.
Crod Save the Queen.

[p. 272.] Province of New Hampshire.

Att a Council held at Hampton, on Friday,
the 10th of November, 1710.
Present.
The Hon'''" John Usher, Esq., Lieut. Governour.

. Samuel Penhallow, ) -p John Plaisted [?] ) -p,

John Plaisted, j ^^'^^' Mark Hunkin, \ •^^^^•

His Honour the Lieut. Govern"" made the following Speech
in htec verba Sequen :

Gentlemen : Upon Application from the Sundry Govern-
ments Her Majestic was Gratiously pleased to send Sundry
Forces under Command of the Honourable Francis Nichol-
son, Esq., Gen' for Reducing port Royal &c. God having
Granted him Wisdom, Courage, Conduct and Noble Gener-
ous Spirit, attended with Great Christiauitye in his under-

1710.] RECORDS OP COUNCIL. 617

takiiif^s, whose management by blessinp^ of God, That suc-
cess in takc'ing Fort, Att port Royal without Shedding much
blood, beyond expectation, alsoc care taken by liim for Se-
curitye of Her ]\Iajesties Subjects in these parts, in sending
to Canada to prevent any further Assaults by Indian Ene-
my^ on these parts ; — for all which Judge due thanks of
acknowledgement ought to be returned.

The General Assembly in Massachusetts Government
now Sitting, where his Excellency. the Governours presence
is absolute necessary, that in person he could not be in this
Government to give the General a Reception :

I am come, being glad of this occasion, and lett you Gen-
tlemen Know if tliere be any need of making any further
Application to Her most Gratious Maj"" for any further Fa-
vours on behalfe of this Her Government, Shall readily
Joyne with you. And be Glad of Imbracing this Opportu-
nity by General Nicholson, craving his Favour in promot-
ing Same, which I recommend to your Consideration.

John Usher.

[p. 273.] Ordered that General Nicholson be received at
M"" Wingetts in Hampton, at the Charge of the Govern-
ment.

In Answer to the Lieut. Governours Speech, the Gentle-
men of the Council accquainted him : That when his
Excellency the Governour was last here there was an Ad-
dress of thanks to her Majestic Signed by his Excellency,
Council and Representatives, relating to the late Expedition
to port Royal, under the command of the Honourable Gen-
eral Nicholson and the Success thereupon.

Adj** till to-morrow morning 10 a Clock.

Province of New Hampshire.

Att a Council held at Hampton, by Adjournm*
on Saturday, 11"' of November, 1710.
Present.
The Lieut. Governour.
Samuel Penhallow, ) -p Richard Waldron, ) ,-

John Plaistcd, j ^^^^' Mark Hunkin, j ^'^'-

618 PROYIXCE OF NE^V-HAMP3HIRE. [1"10,

His Honour the Lieut. Governonr, was pleased to make
the following Speeeli in hive verba Sequen :

irentlemen : General Nicholson being Invested with the
Queen's Commission, and having Served this Countrey with
Glorious Success against our publick Enemy, did Jndge
proper, that with my Selfe you Should be here to pay him
due respects into this her Maj"*^^ Government, have rec"^
Acc^ from Mr. Penhallow from Newberry, of nncertainety
of liis coming in here : — I doe Adjorn you to Monday next
at tenn of the clock in the Forenoon, being 14"' instant,
unless you hear further from me.

[p. 274.] The following letter was read at this Board,

viz :

Newberry, Nov"^ 10*\ 1710, at 8 at Night.

May it please yo"^ Honour, — In obedience to your Honours
Commands I made the most diligent Inquiry I could re-
specting the General who is said to lodge the last night at
Marble Head, And this Night expected at Salem, where it
is said the principle Gentlemen of that Town doe waite to
entertaine him ; Major Sumers says, that by what he cann
learn he will not l»e here till Monday, and seems to be con-
fident that he will not Reach New Hampshire this Aveek ;
for that as he is ordered to waite upon him with his Troop,
he hath not yett received the least Advice.

Some Gentlemen of York that were bound Home, who
past me in the Park, were said to Confirm the above writ-
ten.

I am sorry I cannot give yo'' Hon'' a more particular and
certaine Ace'. I respectfully Salute both you and the Gen-
tlemen and remaine S^

Your Hon"" most Obedient Servt,

Saml. Penhallow.

In Her Maj""^* Service.

To the Hon''''' John Usher, Esq.,
Att Hampton.

The following is a copy of a Letter sent Gen' Nicholson :
Hampton, ll"' of November, 1710.

May it Please yo'' Excellency : Wee, as in duty bound,
hearing of your comeing for Piscataqua in Order to take
your passage in her Majesties Shipp Norwich, did come to

1710.] RECORDS OP COUNCIL. 619

Ilanipion, and two days there waited to attend yoiii- Excel-
lency ((J l\)r(sniouth, where you will meet wi(h a Weh;ome
recej»<ion ; hut hearing that you were to lodge last night at
Salem, Returned about four a Clock this afternoon to
Piscata(jua againe ; Wee Inunhly ])ray the Favoiir of your
ExcclU'ncy to accquainte the J>earer to express a message
to the Lieut. Governour when you Arrive at Hampton, that
wee may be Apprized of your coming into the Province,
That wee may further Shew our Duty, &c.

Wee arc your Excellency's most Humble Servants.
By Order of the Council,

Cha. Story, Secretary.

Province of New Hampshire.

Att a Council held at New Castle, on
Tuesday, the 14"' of November, 1710.
Present.
His Honour the Lieut. Governour.
Robert Elliott, ) ^ John Plaisted, ^

Sam' Penhallow, ) ' ^ ' Richard Waldron, > Esqs.

Mark Hunkin, )

Having Notice that General Nicholson is Arrived at
Hampton,

Ordered, that the Gentlemen of the Council be ready to
receive him at the Council Chamber in Portsmouth, upon
his first comeinei; to Town.

[p. 2TG.] Province of New Hampshire.

Att a Council held at Newcastle, on
Friday, the 17"* of Nov', 1710.
Present.
The Honourable the Lieut Governour.
Robert Elliott, ) ^ ^ John Plaisted, J

Sam' Penhallow, \ ^ ' Richard Waldron, > Esqs.

Mark Hunkin, )

His Honour the Lieu' Govern'' was pleased to make the
following Speech, in ha3C verba Sequen:

620 PROVINCE OF NEW-HAMPSHIRE. [1710.

Gentlemen : Occation of your Several meetings was for
paying respect to General at his reception ; I finde in 1707
an Address to her Majestic for small Armes for the Fort.
If you will Joyne with me will send a New Address to Her
Majestic for Small Arms and a Flagg for the Fort, Craveing
the Generals Favour for obtaining the Same.

Am Sensible, Gentlemen, as well as your Selves, the
Province Great charges ; if you please by this Conveyance
will make Application to her Majestie for a Company of
Soldjers for the Fort ; the Same will be an Ease to Charge
of Province, and likewise a great Securitye to the place,
And great for her Majesties Service, and benefit to the
Province, offer to your Consideration.

John Usher.

The Council In Answer to the Honourable the Lieut Gov.
ernour's Speech, are of Opinion that all such Addresses as
are mentioned in the said Speech, should be laid before the
General Assembly, and have their Concurrence with the
Governour's Approbation of the same,
[p. 277.] Thomas Packers Debenter Am'' to 9. 0. 0. for
Entertaining His Excellency General Nicholson, Lieut. Gov-
ernor & Council, &c. on Thursday the 16^'' Currant, being
a day of Thanksgiving for the success of Her Majesties
Forces at port Royal, was read at this Board and Approved
off, And Ordered to be paid out of the Treasury.

Province of New Hampshire.

At a Council held at Portsmouth the
21^' of November, Anno Dom. 1710.
Present.
The Honourable John Usher, Esq. Lieut. Governour.

Wm. Vaughan, } ^ John Plaisted, ) ^

Samuel Penhallow, ( ^^'^^- Richd Waldron, j ^^^l^'

His Excellency Lieut. Governour made the following
Speech, in haec verba :

1710.] RECORDS OF COUNCIL. 621

Crentlemen.

It is of Great Necessity to Raise money for payment of
your Debts, and if you think litt I will call the Assembly
now while here and Stay and dispatch things, or call them
to Sitt at Christmas and will then be here, and at all times
shall be ready to be present in the province for ller
Majesties Service.

Whereas Anthony Brackett, Ma'' of a Sloop, lias In-
formed his Honour the Lt. Governour that he has on Board
Several Stores of Warr for this province,

Ordered that Capt. Walton, Commander of the Fort
Wm. and Mary, receive the said Stores, and that Mr. Treas-
urer pay the said Anthony Brackett accustomary Freights
out of the Treasury.

His Honour the Lt. Governour made the following
Speech to the Council.

G-entlemen.

I have Consented your Expences to be at the Charge
of the province, my Expences being out of my own pockett ;
recommend care to be taken as to the Queens Commission.

Answer, the province poor, the money in the Treasury
could doe nothing.

Several memorials. Order of Councill of Warr relateing
to the plunder, &c. at port Royal was read, being sent to
this Board by General Nicholson, to remaine upon file in
the Secretary es office.

In Answer to his Honour the Lieut. Governour's first
Speech, the Council accquainted his Honour that his Excel-
lency the Governour, when last here, had taken care with
the Assembly that the Debts of this province might be
justly paid in a short time, and the Council are of Opinion
the same will be effected accordingly.

His Honour was pleased to ask Mr. Waldron by what
Authority he satt at this Board as a Councellor.

Richard Waldron, Esq. Answered the Lieut. Governour,
that he was admitted as a member of this Board by his

G22 PROVINCE OF NEW-HAMPSHIRE. [1710.

Excellency the Govcrnoiir, pursuant to her Majesties Man-
date which was of some years Standing.

Then the Lieut. Govcrnour asked Mr. Secretary Story if
he had received S*" Charles Hedges warrant with the Royal
Signett.

Answered he never See any.

Then his Honour the Lieut. Governour was pleased to
suspend Richard Waldron, Esq. as being one of the mem-
bers of Her Majesties Council here, till Her Majesties
pleasure was Known therein.

Mr. Waldron then repeated his Answer over againe, say-
ing he should not take notice but would waite the Govern-
ours Instructions about the same ; in the Literim took his
leave of his Honour and departed, desireing it might be
entered.

His Honour said he departed Saucely with his Hatt on.

[p. 276.] Province of New Hampshire.

Att a Council held at Portsmouth
on Thursday, 23*^ November, 1710,'
Present.

Peter Coffin, J Saml. Pcnhallow, )

Major Wm. Vaughan, > Esqs. Jno. Plaisted, ^ Esqs.
Robert Elliott, ) Mark Hunkin, )

His Exccllencys letter of the 14"' November, 1710, was
read at this Board in ha;c verba Sequen.

Gentlemen. I have represented you as well as I cann at
Whitehall, aud directed Mr. Newman to whomc I have
covered your two Addresses, to keepe the New England
Agent Company in the delivering of them to her Majestic,
and to doe you all the Service in his power until the Arrival
of your Agent, if you send any. And therefore desire you
to make a minute of Council (if soe you see meet) to Mr.
Treasurer Penhallow forthwith to send Mr. Newman a Bill

1710.] RECORDS OF COUNCIL. 623

of Excliangc for twenty poiimls sterling to Bear his Ex-
pences, by tlie Sliipps now gocing.
I am Gentlemen

Your humble Servt,
To Mr. Secretary J. Dudley.

Story to be Communicated
to the Council.

Direct to Henry Newman, Esq. at my Lord Almoners
Lodgings, Whitehall.

Ordered, that ]\[r. Treasurer Penhallow Send by the ITleet
now ready to saile for Great Brittaine, A bill of Excliange
for Twenty pounds to Henry Newman, Esq. at his Lodgings
at Whitehall, in order for bearing his Expences about
Attending her Maj"*' with two Addresses Arc. from this
province.

[p. 280.] Province of New Hampshire.

Att a Council held at Portsmouth, the
Second day of December, 1710.
Present.

Peter Coffin, \ y_ Saml. Penhallow, ^

Wm. Yaughan, j ' *^' * John Plaisted, V Esqs.

Mark Hunkin, )

His Excellencys letter was read at this Board, in ha3c

verba sequen.

Boston, Nov. 27'", 1710.

Gentlemen. I understand the Cannon and Stores bor-
rowed by Capt. Forbes for the port Royal Expedition are
returned to an Article. I desire you to restore them par-
ticulerly to the several places and Stores from whence they
were taken.

You will call them over by the Indent the Engineer left
when lie received them, tliat the next Account to the
Board of Ordnance may be perfect, as I am Comanded.

By my former Order you are a Standing Committee for
Her Majesties Stores, and it was a mistake to Order, as
I See in the minute of Council, that any body else should

624 PROVINCE OP NEW-HAMPSHIRE. [1711.

receive them but your selves. I pray you to Sett the matter
right as I have herein directed.

I Order this letter and your proceedings thereupon to be
entered in the Council Book ; and that Mr. Secretary write
me that he has this letter to be entered accordingly.
I am your humble servant,

J. Dudley.
To Major Vaughan, )
Mr. Penhallow, >

Mr. Hunkin, ) Committee for her Majesties Stores

of Warr in the province of New Hampshire.

To the Honourable Wm. Vaughan, Esq. to be Com-
unicated.

J. Dudley. Portsmouth.

[p. 281.] Province of New Hampshire.

Att a Council held at Portsmouth,
on Thursday, the 29*'' of March,
1711.
• Present.
Major Wm. Vaughan | Saml. Penhallow

Robert Elliott ( John Plaisted ^ ^^^^•

His Letter of the 19**" of March inst. relateing to a pub-
lick Fast, as upon file, was read at this Board.

Ordered, that Thursday, the 12*** of April next be a day
of publick Fast throughout this province, and that the
Secretary Issue forth proclamations to the Several Towns
according to the Heads of the Massachusetts proclamation,
for a General Fast the same day.

His Excellency's letter of the 26"' Ourr* was read at this
Board relateing to a Scout to be Sent into the woods, as
upon file, after the enemy.

Ordered, that Major Smith Raise forty men forthwith to
be sent as a Scout abovementioned, and to gett some able
person to Command the Said Scout, and that he attend Mr.
Treasurer Penhallow for provisions for the said Scouts ; —

1711.] RECORDS OP COUNCIL. G25

who is hereby ordered to provide the same at tlie province
Charges.

Ordered, that Mr. Treasurer Penhallow advance thirty
shilliug-s to Major Smith for to l)car liis and six troopers
charges, now going to Raise the said Scout.

[p. 282.] Province of New Hampshire.

Att a Council licld at ports-
mouth, the 20"' of July, 1711.
Present.

Peter Coffin )

Wm. Yaughan > Esqs. Saml. Penhallow ) ^^
Natli. Weare ) John Plaistcd \ "^ ^ *

Wliercas Information is made to his Excellency tlie Gov-
ernor by General and Admiral Walker, that Several Sold-
jers and Sailors has deserted her Maj"''* Service, <fec.

Ordered, that Major Joseph Smith Imcdiatcly Issue forth
his Orders to the Several Capts. of the Militia of this pro-
vince, that they and their Several officers with Soldiers doe
Imediately make Deligent Search in the Several Towns,
Districts and Villages within this province, for such Deser-
ters, And to cause them and all Travellers that are Stran-
gers, and other persons not Known, to be taken upp and
Carryed before the next Commission Officer Civil or Mili-
tary, to be exam*' ; and in Case they give noe Satisfactory
Ace' of themselves and Business, then to be Returned to
Boston under a Guard, to be further Exam'' by His Excel-
lency the Governour, or Some of Ilcr Maj"*'* Councill ; And
further that the Secretary forthwith Send an Order from
this Board to the Commander of Her Majesties Fort Wm.
and Mary, that he Cause all Sloops or other Vessels to be
frecpiently Searched for Such Deserters, till further Order,
and any person soe on Board that shall refuse to give a
Satisfactory Acct. of themselves, such Deserters are to be
40

626 PROVINCE OF NEW-HAMPSHIRE. [1711.

brought before some of Her Majesties Council or Justice of
the peace within this province, to be further Examd, &c.

Ordered, that there be a pubhck Fast kept throughout
this province the same day that it shall be kept in the Mass-
achusetts Government, and that the Secretary Issue out the
proclamations as foil, viz — [p. 283.]

By His Excellency, Joseph Dudley, Esq.
Captaine General and Governour in chief in and over Her
Majesties province of the Massachusetts Bay, and New
Hampshire, in New England, in America.

A Proclamation for a General Fast.

Upon Consideration of the Vast Importance of the prep-
arations making for a Vigorous Carrying on the Warr in
Europe, this present Summer, and the Great Expedition
now Setting forward in these parts by her Majesties Especial
Command, with her Majesties Land and sea forces from
Great Brittaine, and the Addition of Some of Her Majes-
ties Troops of these provinces Under the Command of his
Excellency General Hill in Chiefs of the Said fforces, & the
Honourable Lt. Hovenden Walker on the Sea part, and the
Hon'ble Lt. General Nicholson on the Inland part.

I have thought fitt with the Advice of Her Maj'ties Coun-
cil, and at the Desire of the Representatives, to appointe a
General Fast upon Thursday, the 20"' of July Currant, And
upon Thursday the 30*'^ of August next following, and to
be continued upon the Last Thursday in Every month dur-
ing the Expedition, Strictly forbidding all Servile Labour
thereon, And exhorting both ministers & people in their
Respective Assemblies on the Said dayes, with Humble pen-
itential Confession of Sinn and Sincere fervent Supplica-
tions to Almighty God, to Implore Mercy for protection of
'Her Majesties Sacred person, prosperity to Her Just Arms
every where, and particularly in the present Important Ex-
pedition, that Divine Conduct may be Granted to his Excel-
lency the General, and the Honourable the Admiral, with
Her Majesties Forces under their Command.

Given at the Council Chamber in Portsm" the 20'^ day
of July, 1811, In the 10"' year of the Reigne of Our Sov-
eraigne Lady Anne, by the Grace of God, of Great Brit-

1711.] RECORDS OF COUNCIL. 627

tainc, France and Ireland Queen, Defender of the Faithe,
&c.

J. Dudley.
By Command of His Excell. with Advice of y" Council.

Chas. Story, Secretary.
Crod Save the Queen.

[p. 284.] Province of New Hampshire.

At a Council held at Portsm" on Fri-
day, the 28"' of September, 1711.
Present.

Major W"^ Yaughan, } p John Plaisted, ) ^

Sam^ Penhallow, \ ^^'l^* Mark Hunkin, \ ^^^^•

Ordered, that there be a publick ffast Kept throughout
this province on Thursday, the 11"* day of October next,
and that the Secretary Issue forth a proclamation to the
Several Towns in manner foil, viz :

By His Excellency Joseph Dudley Esq., Captaine General
and Governour in Chiefe in and Over Her Majesties prov-
inces of the Massachusetts Bay and New Hampshii-e, in
New England.

A Proclamation for a General Fast.

Whereas, upon the 16*-^ day of July last, a proclamation
Issued for the Observation of a monthly Fast during an
Important Expedition then Setting forward, The next day
in Course appointed for that Service being Thursday the
twenty Seventh day of September Curr*, And the Circum-
stances of that Expedition being Since Altered, Intelli-
gence being Arrived of an Awfull Rebuke of Heaven on
part of the Fleet ; for which we ought to be Deeply Hum-
bled before God:

In Consideration whereof and the Just concerne wee
ought to have for the Land and Sea forces in the Service ;

I have thouglit fitt by and with the Advice of Her Majes-
ties Council to Remove the Said General Fast from the
twenty Seventh of this present month of September, to

628 PROVINCE OF NEW-HAMPSHIRE. [1711.

Thursday the Eleventh day of October next coming, Earn-
estly Recommending the due Observation thereof to the
Ministers and people throughout this province, with a be-
coming Selfe Abasement and Devotion and Sincere Confes-
sion of Sinn Joyned with ffervent Etfectual prayer, [p. 285.]
Humbly to Implore the Divine Mercy to our Soveraigne
Lady the Queen, Her Kingdoms and Just Arms, To Her
Majesties officers and forces in Service within these Her
Majesties Northern plantations ; And for all Needfull Bless-
ings Spiritual and Temporal to be Gratiously Bestowed
upon the poor, Afflicted and Distressed people of these
plantations ; And all Servile Labour is forbidden npon the
said day.

Given at the Council Chamber in Portsmouth the twenty
Eighth day of September in the tenth year of the Rcigne
of our Soveraigne Lady Anne, by the Grace of God, of
Great Brittaine, France and Ireland, Queene, Defender of
the faith, &c.

J. Dudley.

By Order of the

Governour with the

Advice of the Council.

Chas. Story, Secretary.
God Save the Queen.

[p. 286.] Province of New Hampshire.

Att a Councill held at Portsmouth, the
15**^ of November, Anno Domini, 1711.
Present.
Major Wm. Vaughan, ) -n, Saml. Penhallow,

Richard Waldron, ^ ^ ' John Plaisted, \ Esqs;

Mark Plunkin, )

Ordered, that the Secretary Issue forth proclamation to
the Several Towns of this province that a day of pub-
lick Thanksgiving be sett a part throughout this province,
on Thursday, the 29"" Currt. And that the proclamations
be in ha?c verba sequen :

1"11-] RKCOUDS OF COUNCIL. 620

By ITis Excellency Joscj)h Dudley Esq. Captaine fJciicral
and Governour in Chielc of Her Majesties ])roviiu;e of
Massachusetts Bay and New Hampshire, in New England,
<fec.

A Proclamation for a Publlck Thanksgiving.

Amidst the Various AwfuU Rebukes of Heaven where-
with we are Righteously AfOicted in the late disa})point-
ment of an Important Exjicdition (1), attended with soe
many Smiles of providence in the beginning and progress
thei'cof, and promising Hopes of Success ; in tiie late
DreadfuU Desolations by Consuming Fire and other Calam-
ities (2), which demand our Deepest Humiliations and
Contrition of Heart ;

We are still under the Highest obligations of Gratitude
for the many Instances of Divine Goodness in the favours
Vouchsafed, particularly for the preservation of our most
Gratious Soveraigne Lady the Queen ; The prosperous Suc-
cess of Her Majesties Just Arms in Europe ; the Seasona-
blenesse of the Weather in the Summer past; the plentifull
Harvest, the Great Measure of Health, the preservation
and Safe returne of the Forces of these provinces. The
Restraints of the Enemy and many other Undeserved Bles-
sings Spiritual and Temporal, not to be enumerated.

[p. 287.] I have therefore thought fitt with the Advice of
Her Majesties Council, and at the desire of the Represen-
tatives in their present Session to Order and ap{)ointe
Thursday, the twenty Ninth day of November Currant, to

(1) The expedition against Canada, besides the land forces under Gen. Nicliolson,
consisted of a " Fleet of C8 vessels, conniiaiided by Sir Hovenden Walker, and having
on board C4fj3 soldiers. The fleet sailed on the 30th of July, and arrived at the mouth
of the St. Lawrence on the 14th of August. In proceeiling up the river, the fleet,
through the unskillfulness of the pilots, and by contrary winds, was in imminent dan-
ger of entire destruction. On the 22d August, about midnight, the seamen (iiscovered
that they were driven to the north shore among rocks and islands. Eight or nine of
the British transports, on board of which were about 1700 ofhcers and soldiers, were
there cast away, and nearly 1000 men lost. Upon this disaster, the admiral bore away
for S|)anish Kiver bay, at Cape Breton, where a council of land and naval officers, in
consideration that there was but ten weeks' provis On for the fleet and army, and tjiat
a seasonable supply from New England could not be expected, judge<l it expedient to
relin(|uish the design. The Admiral sailed directly for England; and the provincial
troops returned home. (Jeneral Niclisolson, who had ailvanced to Lake Geoige, hear-
ing c)f the nuscarriage of the e.vpedition on the St. Lawrence, retreated with the land
army, and abandoned the enterprise." See JJolmes ^«7i.., Vol 1., p. 595; also Farm.
Jir/h., pp. 180-181, -dud Penhallows Ind. Wars, Coll. N. H. Hist. Soe. Vol. L, i)p.
72-76.-ED.

(2) On the '2d October, 1711, a fire broke out in Boston, near the centre of the town,
and consumed all of the houses on each side of the main street, trom School street to
the foot of Cornhill. Besides the buildings in Coriihill, " all tlie u|)per part of what is
now called State street, on the north anil south sides, together with the tossu Louse,
was burnt." Holmtn Ann. Vol. I., p. 505.— Ed.

630 PROVINCE OF NEW-HAMPSHIRE. [1711.

be Celebrated as a day of publick Thanksgiveing throughout
this province ; Strictly forbidding all Servile Labour there-
on, and Exhorting all Ministers and people in their Respec-
tive Assemblies on the Said Day, To offer upp Humble and
Sincere thanks to Almighty God for His many Favours as
aforesaid, and other Blessings bestowed upon a Sinfull
people.

Given at the Council Chamber at Portsmouth the fif-
teenth day of November, 1711 ; In the tenth year of the
Reigne of oui Soveraigne Lady Anne, by the Grace of God
of Great Brittaine, France and Ireland, Queen, Defender
of the faith, &c.

J. Dudley.

By Order of the Governor
with the Advice of the Council, and
at the Instance of the Representatives.

Cha. Story, Secretary.
Crod Save the Queen.

Province of New Hampshire.

At a Council Held at Portsm"
on Thursday, the 10"^ January,
Anno Domini, 1711.
Present.

Wm. Vaughan, \ Saml. Penhallow, \ y

Rich. Waldron, > Esqs. John Plaisted, \ ^
Robert Elliott, )

Mark Hunking, Esq. one of the members of Her
Majesties Council in this province, his name was this day at
this Board Incerted in the Commission of the peace, who
took the oathe of a Justice of the peace, as also the oathe
appointed by Law, &c.

1712.] RECORDS OF COUNCIL. 631

[p. 288.] Province of New ITanipshire.

Att a Council Held at Portsmouth,
on Friday, the 22*^ of February,
Anno Domini, 1711.
Present.

Major Wm. Vaughan, ) Saml. Penhallow, ^

Richard Waldron, > Esqs. John Plaisted, > Esqs.
Robert Elliott, ) Mark Hunking, )

Ordered, that the Secretary Issue forth proclamation to
the Several Towns of this province, that a day be Sett
apart throught the Said province for a General Fast, and
that proclamation goe forth in the method following :

By His Excellency Joseph Dudley, Esq. Capt. General and
Governour in Chiefe in and Over Her Majesties provinces
of Massachusetts Bay and New Hampshire, in New
England.

A Proclamation for a General Fast.

Upon Consideration of the Various Rebukes of Heaven
wherewith it has pleased the Holy God to manifest his Just
Anger against us ; Particularly in ffrustrating the Charge-
able and Hopefull Expedition in the Summer past, and
Since in the Awfull Desolations made in the Town of
Boston by Consuming Fire ; And the Great Mortalitye in
the Neighbouring Governments ; Considering alsoe the V^ast
Importance of the Councils and Resolutions that may be
now takeing in Europe for the further prosecution of the
long Calamitous warr, or of Overtures for peace ; And the
Influences they may have upon Her Majesties provinces ;
All which demand our Deep Humiliation, with ffervent
Supi)lications to Almighty God, who Orders all things in
Infinite Wisdom and Council :

I have therefore thought fitt hy and with the Advice
of Her Majesties Council, to [p. 289.] Appointe and Order
a General Fast to be Observed throughout the province,
upon Thursday, the thirteenth day of March next, for the
Afflicting our Souls before God in humble penitential
Confession of Sinn, Joyned with Ardent ffervent prayer ;
Humbly Imploring the Divine Mercy for Spiritual as well
as Temporal Blessings, Particularly for the preservation

632 PROVINCE OF NEW-HAMPSHIRE. [1712.

of her Majesties Sacred person, For Direction to Her Coun-
cils, and prosperity to Her Just Arms, And Her Favorable
regards towards Her Good Subjects of this province and
the Government thereof; For protection and Defence from
our Enemies, Continuance of our Own, & Restoreing Health
of our Neighbours, And for Restoreing our Wastes made
by ffire ; For a Suitable Seede time in the Advanceing
Spring, And a Blessing on the Fruits of the Earth in the
Summer following ; For the prosperity of the Church of
God, That peace and Truth may be Established in the
Earth, And that all the Kingdoms of this world may be-
come the Kingdoms of our Lord and Saviour Jesus Christ.
Hereby forbidding all Servile Labour on the day aforesaid.

Given at the Council Chamber in Portsmouth the 22'*
day of February, in the tenth year of the Reigne of our
Soveraigne Lady Anne, by the Grace of God, of Great
Brittaine, France and Ireland, Queen, Defender of the
faith, &c.

J. Dudley.

By Order of His Excellency with
the Advice of the Council.

Cha. Story, Secretary.
Crod Save the Queen.

[p. 290.] Province of New Hampshire.

Att a Council held at Portsmouth 6"^
June, Anno Dmi. 1712, Pursuant to
his Excells. Letter 20*^ May, 1712.
Present.
Colonel Richard "Waldron, of the Council.
Mr. Commissary General Penhallow, of the Council.
Mark Hunking, Esq*" of the Council.
Lieut. Colonel Vaughan.

Richard Gerrish, Speaker of the Representatives, As-
sisted by Mr. Secretary Story.

The following letter was read at this Board, in hgec verba
sequen :

1712.] RECORDS OF COUNCIL. G33

By the packet from Whitehall which Arrived )'estcrclay,
I have Ilcr Majesties Commands to dispose of the Arms
sent last year for the intended Expedition to Canada, for
the j)nblick Service.

I doe therefor Hereby in Her Majesties Name command
you, or the Major part of you, Soe many as cann l)e gott
together, to demand and receive of Colonel Shadrach Wal-
ton, fifty fire Arms of Her Majesties Stores delivered to
him the last year. And of Capt. James Jaffrey the like
Number of fifty fire Arms, and Sec that they lie such as
they received at the intended Expedition to Canada ; And
give your receipt for them under your hand.

And then dispose fifty of them in the Fort at Newcastle,
for Her Majesties Service, taking care that there be a suit-
able receipt for them, and take Colonel Walton and Capt.
Attkinsons receipt for them accordingly.

The other fifty bring up to Portsmouth, and dispose them
at Mr. Commissary Generals House or elsewhere, where
you may Judge them more Safe and give me an Account of
your proceeding herein. Annexed to a copy of this warrant,
Mr. Secretary Story having first P]ntred this warrant, and
your return and proceedings fairly in the Council Book.
[p. 201.] Given under my hand the 20"' of May, Anno
Domini, 1712.

J. Dudley.

To Colonel Richard Waldron of the Council.
To Commissary General Penhallow of the Council.
Lieut. Colonel Vaughan.
Mark Hunking, Esq., of the Council.
Richard Gerrish, Esq., Speaker of the Representatives,
Assisted by Mr. Secretary Story.

6"' June, 1712. Pursuant to His Excellency the Gov-
ernours order of the 20'^' May last past. Received of the
Committee appointed by his Said Excellency fifty fire
Arms, which her Majestic was Gratiously pleased to send
for the late Canada Expedition ; I say reed, the said fire
Arms into Her Majesties Fort at Newcastle, for the publick
Service.

Shad. Walton.

Vera Copia, Attes. G"' June, 1712.

Per. Cha. Story, Secretary.

634 PROVINCE OF NEW-HAMPSHIRE. [1712.

6^^ June, 1712. Pursuant to his Excellency the Govern-
ours Order of the 20"' of May last past, Received of the
Committee appointed by his Said Excellency, forty six fih-e
Arms, which Her Majestic was Gratiously pleased to Send
for the Late Canada Expedition ; I say reed, the Said fire
Arms into my Custody for the puldick Service.

By Sam^ Penhallow, Commissary Gen'.
Vera Copia. Attest, 6"^ June, 1712.

P. Cha. Story, Secretary.

[p. 292.] Province of New Hampshire.

Att a Council held at Portsmouth, the
30*'' of May, Anno Domini, 1712.
Present.

William Yaughan, I y Sam' Penhallow, ^

Eichd. Waldron, j ^ * John Plaisted, > Esqs.

Mark H unking, )

Ordered, that Mr. Secretary Story Issue forth proclama-
tions to the Several Towns relateing to the Adjournment of
the Courts, in haec verba sequen.
To all persons whom it may concern :

These are to give Notice that the General Quarter Ses-
sions of the peace to be held at Portsmouth, the third day
of June next. And the Inferior Court of Pleas to be held
there the fifth day of June next. Considering the present
danger of the Enemy, (1) will be both Adjourned ; The
Court of Sessions to Tuesday the fifteenth day of July
next, And the Court of Pleas to Thursday, the Seventeenth
day of the said July next Ensuing, and all persons con-
cerned are desired to give their attendance accordingly.

(1) About this time the Indians renewed their hostilities. " In April, one Cunning-
ham was killed at Exeter, Ensign Tuttle at Dovt r, and Jeremiah Orommet at Oyster
River. A scouting party, who went up the river Merrimack, had the good fortune to
surprise and kill eight Indians, without the hjss of a man. The frontiers were well
guarded," &c., &c. See Penhallow's Ind. Warrs, in Coll. N. H. Hist. Soc, Vol. 1, pp.
80, 82, and also Farm. Belk.

The following Record from Mass. Legislative Journal, copied and furnished the
Editor by Wm Little, Esq., of Manchester, relates to this period:

"Resolved, that the sum of Ten Pounds be allowed and paid out of the public

1712.] RECORDS OF COUNCIL. 635

Given at the Council Chamber at Portsmouth the thir-
tieth day of May, in the eleventh year of the Reigne of
our Soveraif>-ne Lady Anne ])y the Grace of God of Great
Brittaine, France and Ireland Queen, Defender of the
faith, <fcc.

Annoque Domini, 1712.

By Order of the Council,

Cha. Story, Secretary.

[p. 293.] Province of New Hampshire.

Att a Council held at Portsm", on Fry-
day, the 13"' June, Anno Domini, 1712,
Present.

Major W" Vaughan, ) ^ John Plaisted, j ^

Rich. Waldron, \ ^^"^^^ Mark Hunking, \ ^^^^'

Her Majesties warrant, Dated the 14*" February, 1711-12,
Relating to the Swearing John Wentworth, Esq., a member

'• Allowed to 1 Treasury to Thomas Baker, commander of a company of march-
Thomas Baker I int; forces in tlie late expedition against the Enemy at (,'oos and (rum
& i' thence to the west branch of the .Merrimack River* and so to Dun-

Company. J stable, in behalf of himself and Company, for one enemy Indian be-
sides that which they scali)ed which seems so very probable to be slain.
May, 1712. Consented to, J. Dudley."

" Wednesday, June 11, 1712.
"Additional I " CTpon reading a petition of Lieut. Thomas Baker, commander of a
allowance to | party in a late expedition to Coos and over to Merrimack river, pray-
Lieut. Thos. I iiig tor a further allowance tor more of the Indian enemy killed by
Baker & T tlieni than they could recover or their scalps, as rei)orted by the euemy

Company j them.selves,
for scalps." J

"Concurred with a resolve passed thereon, viz : That the sum of Twenty Pounds be
allowed and paid out of the Public Treasury to the petitioner and Company.

Consented to, J. Dudley."
* Additional Note: —

" Ab )ut the year 1720, Capt. Thomas Baker, of Northampton, in the County of
llampsliire. iu Massachusetts, set off with a scouting party nt' tliirty-four men. jiassed
up C.inuecricut river, and crossed the height of land to IVniigcwasset river, [which is
the west branch of the .Mci rinia.k]. He there disiovcred a party of Indians, whose
Sachem was called Walfi-niiiimims, whom lie attacked and destroyed. Baker and
the Sachem leveled and discliuigiMl their guns at each other at the same inst;int. The
ball from the Indians gun grazed Baker's left eye brow, but did him no injury. The
ball from Baker's gun went, tlirongh the breast of the Sachem, hiinu iliatily uijon
beitig W(ni tided, he leaped four or live feet high, and then fell instantly dead. Tlie
Indians fleil to the river; Baker and his party pursued, and destroyed every one of
them. They had a wigwam on the bank of the river, which was nearly tilled with
beaver. Baker's [larty took as much of it as they cotdd carry away, and burned the
rest. Baker lost none ot his men in this skirmish. It took place at the confluence oi
a small river with the Pemigewasset, between I'lymouth and Campton, v Inch has
since had the nami' of Baker's river." — luirin nnri Moore's Coll.. Vol. 111. \>. 10(1. [N.
B. Perhaps the event above narrated relates to the foregoing period, 1712, iu.sload of
1720.— Ku. J

636 PROVINCE OP NEW-HAMPSHIRE. [1712.

of Her Majesties Council in this Province, was read at this
Board, in ha!C verba scquen.

ANNE R.

Trusty and Well beloved, Wee Greet you well ; wee be-
ing well Satisfied of the Loyaltie, Integritye and Ability of
our Trusty and well beloved John Wentworth, Esq., liave
thought fitt hereby to Signifie Our will and pleasure to you,
that forthwith u])on receipt hereof you Swear and Admitt
him the Said John Wentworth to be one of our Council of
that our Province of New Hampshire, in the Room and
place of Winthropp Hilton, Esq., deceased ; And for Soe
doing this Shall be your Warrant, And Soe wee bidd you
ffarewell.

Given at our Court at Saint James'^ the fourteenth day
of February, 1711-12, in the Tenth year of our Rcignc.
By Her Majesties Command,

Dartmouthe.
To our Trusty c^ well beloved Joseph Dudley, Esq., Our
Capt. General and Governour in Chiefe of our province
of New Hampshire, in New England, in America, and in
his Absence to the Commander in Chiefe Or to the Pres-
ident of our Council of our said province for the time
being.

John Wentworth, Esq., took the Oaths appointed by Law
& Declared and Subscribed the Test and Declaration, As
alsoe the oath of a member of Her Majesties Council of
the province.

[p. 205.] Province of New Hampshire.

Att a Council held at Portsmouth,
on Monday, the 1'^ July, 1712.
Present.

Wm. Vaughan, "^ John Plaisted, ^

Nath' Wear, i ^ Mark Hunkino;. > Esqs.

Rob'. Elliot, psqs. j^^^^^ Wentwo^-th, )

Sam^ Penhallow,J

The papers brought here from a Special Sessions of
tliree Justices of the peace within this Province, held the

1712.] RECORDS OP COUNCIL. G37

fifth d.^.y of July currant, rclafoing to Benjamin (ilatclicls
trading with the Indians at Lahane the first of June last,
havcing been read at this Board, where [were ?] delivered
into the hands of Benjamin Gambling, Clerk of the Gen-
eral Quar. Sessions of the peace, &c.

The petition of John Abbott relating to Benjamin
Gatchel's Trading with the Indians, &c., was read at this
Board, in huec verba sequen :

Province of New Hampshire.

To the Honourable the members of Her Majesties Council
for the Province of New Hampshire, now Sitting at
Portsm" for said province. The petition of John Abbett,
of said Portsmouth, Humbly Sheweth :
That your petitioner did Sometime Since Shipp himselfe
and proceed in a fifishing Voyage with Benjamin Gatclicl of
Portsmouth aforesaid, and that on the first day of June
last, being on board of the Barque Richard, of which the
said (Satchel was Master at Anchor in the Harbour Le
Hane*, Said Gatchel went ashore in a Canoe, bringing
an Indian on Board with him, and leaving a white man in
his Room and Traded with the Indian Exchangeing Bis-
kett, Rumm and Cloaths for Bever Skinns, <tc., j>romise-
ing to meet them another time, which your petitioner is
ready to Depose upon oath ; And the other men belonging
to the Said Barque, if put upon it cannot but doe the sam« ;
whereupon your petitioner fearing to Runn the Hazard of
such another Voyage, and refuseing to ])roceed with the
Said Gatchel any longer, is detained in prison to his Great
Hurt and detriment, from whence he makes this complaint ;
And if any Debts, he is ready to pay, hopeing to receive
some releife from your Honours, and that your Honours
will put a Stopp to such unlawful practices.

John Abbett.

John Abbit appeared in Court and acknowledged the
above Information to be exhibited at this Board by his
Order, his wife haveing wrote his Name.

Cha. Story, Secretary.

• Or Le Have.

638 PROVINCE OP NEW-HAMPSHIRE. [1712.

[p. 296.J

Ordered by the Council that the tenn Shillings fhne laid
upon John Abbott by the Justices of the peace at their
Special Court of Sessions, the third day of July, 1712, be
Remitted, and that the rest of the Justices Judgments re.
maine good, as alsoe the fhne to the Queen.

Peter Legroe, a Fisherman, belonging to the said Barque
Richard, being called was exam'd and Sworn as followeth :

You shall true Answer make to all Such Questions on
Her Majesties behalfe as Shall be demanded of you, relat-
ing to an Information Exhibited at this Board by John
Abbett against Benjamin Gatchell, for trading with the
Indians at Lahane to the Eastward, to the best of your
knowledge. Soe help you God.

Q. Whether did Benj. Gatchel goe ashoar at Lahane or
not ?

A. He knew not that he was ashoar, but he was Some-
time out of the Yessell.

2d Q. Did you see any Enemy Indians on Board the
Barque Richard, and who brought them aboard if any
were ?

Legroe Equivocated to this Question in his Answer, soe it
was Ordered that the Secretary Imediately make a Mitti-
mus to send him to Goal for not Answering according to
the Tenor of the Oath Given him.

3d Q. Whether there was a Whiteman Sent ashoar in
Exchange for the Indian that was on Board the said
Barque ?

A. There was a Whiteman Sent ashoar in Room of the
Indian, but not by Mr. Gatchel, but from on Board of some
other Yessells there.

James Leach, another Fisherman, being in the said
Barque Richard, at Lahane, was sworn and exam*^* accord-
ing to the tenor of the aforesaid oath.

And being exam'^ upon the first Question, Answered he
did not know whether Mr. Gatchel was ashoar or not at
Lahane, but see him in a Canoe going towards the Shoar.
And being examined upon the Second Question, Answered
that there was two or three Enemy Indians on Board the

1"1-'-] RECORDfS OF COUNCIL. 009

l>an[uc Ricliard, ■which came out of tlic Woods, and that
John Jackson Iwlonging to New Plymouth told him he had
been ashoar againc, And that there was a Bear Skin and
sonic other Skins, brought on Board the said Banjuo, and
how many other skins he knows not ; and further Sayth
that there was a White Blankett put upp at the Ensigne
Staff by Peter Legroe, one of the men belonging to the
said Barque ; And to the best of his knowledge, it was by
Mr. Gatchcl's Order; It bei)ig on a Sabbath day. And
further Sayth that the Said Jackson told him that in the
time of his being ashoar, an Indian took upp a Stone to
Knock him in his Head ; And the Said Jackson took u))p
another for his defence and than [then] the Indian would
have Shott him as he believed, but a French man hindred
him.

Abraham Bertlctt being another ffisherman on Board the
Said Barque being exam'' upon oath as aforesaid ; To the
first question [f. 297.] Answered, that he knew not that he
was ashoar or out of the Vessell the whole day. To the
Second Question he Answered, that he neither Sec or
Knew any Indian Enemy or French on Board of the Said
Barque at Lahane.

3d Q. Answered, that he knew not of any wliiteman sent
ashoar in Room of any Indian.

4th Question, doe you Know that Benjamin Gatchcl ever
Traded with the French or Indian Enemy this Summer at
Lehane ?

A. That directly or indirectly he knew nothing of any
Such thing.

The petition of Peter Legro was read, as on file, and he
ordered to be sent for out of Goal, and to be brought to
this Board, who being further exam'\ Answered as follow-
eth, viz. To the Second Question he Answered that he sec
one Strange Indian or French man on Board the Banpie
Richard, the first of June last, on a Sabbath day.

Q. of New: being asked who putt upp the white Blankett
at the poop of the Vessell, by whose Order, and for what
end ?

A. He put upp the white Blankett, and he Avas Ordered
by a person on board of a New Plym" Vessell.

Q. doe you Know of any furrs brought in the Vessell or
Barque Richard from Lehane ?

C40 PROVINCE OF NEW-HAMPSHIRE. [1712.

A. There was a Bear Skinn, and. two or three other
Skinns, but what sort of furrs he knows not.

Ordered, that Peter Legroe be disniist, by paying his
fFees.

Ordered, that Benjamin Gatchel give 500^''^ Security to
Answer to Complaint of John Abbott aforementioned, at
Her i\Iajesties Superior Court of Judicature, Court of Oyer
and Terminer, and General Goal Delivery, to be held at
Portsmouth the Second Wednesday in August next, or to
Stand committed till the same be performed, and the Sec-
retary take the Recognizance.

Benjamin Gatchel and Richard Wybird both of Ports-
mouth, in the Said province of New Hampshire, entred
into Recognizance to her Majestic Joyntly and Severally in
the Sume of five hundred pounds, according to the above-
mentioned Order.

Cha. Story, Secretary.

[p. 298.] Province of New Hampshire.

Att a Council held at Portsmouth, the
12*^ day of August, Anno Domini, 1712.
Present.

Major Wm. Vaughan, ^ John Plaisted, )

Richard Waldron, > Esqs. Mark Hunking, > Esqs.
Saml. Penhallow, ) John Wentworth, )

John Wentworth, Esq. one of the members of her Maj-
esties' Council, was this day sworn a Justice of the Peace,
and his name incerted in the Commission of the Peace,
and took the accustomed oaths of allegiance and suprem-
acy ; and repeated and subscribed the Declaration and
Association.

1712.] RECORDS OF COUNCIL. 641

[p. 298.] Province of New Hampshire.

Att a Council lield at Portsmo. the
28^'^ day of Aug*, 1712.
Present.

Wm. Vaughan, \ Mark Ilunking, ) -^

Saml. Penliallow, > Esqs. Jii° Wentworth, ) ^ *
Jn" Plaisted, )

The Council being Informed by Capt. Prebble of York,
that he Discovered Lt. Banks of the same place, who had
been at Casco Bay Last Saturday, and there the Said Banks
understood that there were four hundred Indians had
marched Six days before towards this & the Massachusetts
Government, and that there then in and about Cascoe Bay,
forty Indian Canoos with a number of Indians, intending
as supposed, some ill Designe, but where they might at-
tempt, not known.

The Council therefore directs that Capt. Walton, Com-
and' of her Majesties fort Wm. & Mary, fire one sacrc*
Gunn next to the maine Sea every morning about thre of
the clock, for twelve Days following, unless further order
to the contrary.

[p. 299.] Province of New Hampshire.

Att a Council held at Portsmouth, the 31^'
day of August, Anno Dom. 1712.
Present.

Wm. Yaughan, ^ John Plaisted, \

Ilichard Waldron, > Esqs. Mark Hunking, > Esqs.
Saml. Penhallow, ) John Wentworth, )

Ordered, that an Embargoe be sett upon all vcssells as
well as fishing sloops or shallopps ; (coasting sloops alias
Deale Boards weavers [?] only excepted.)

* A gmall piece of artillery.— fret. Die.
il

642 PROVINCE OF NE-VV-HAMPSHIRE. [1712.

Ordered, that Capt. Hunking fitt out a shallopp with a
master and three hands as a spy boat to cruise betwixt
Great Boars head and Cape Nettick for the enemy ; and to
come as neare this Harbour's mouth every night as weather
will permitt ; and that the said Capt. Hunking give the
Mas'' instructions accordingly.

[p. 300.] Province of New Hampshire.

Att a Council held at Portsmouth, the
29^^ of August, 1712.
Present.

Wm. Vaughan, ^ John Plaisted, ^

Rich'' Waldron, > Esqs. Mark Hunking, > Esqs.
Sam' Penhallow, ) John Wentworth, )

Ordered, that Mr. Secretary Story issue forth proclama-
tion to the several towns relating to the adjournm' of the
Courts in haec verba sequen :
To all persons whom it may concern :

These are to give notice that the General Qua"" Sessions
of the Peace, to be held at Portsmouth the third day of
Sep* next, and the Infer"^ Court of Pleas to be held there

the day of 7'^'' next, considering the present danger of

the Enemy, will be both adjourned, — the Court of Sessions
to Tuesday, the sixteenth of September next, and the Court
of Pleas to Thursday, the eighteenth of September next
ensuing ; And all persons concerned are desired to give
their attendance accordingly.

Given at the Council Chamber at Portsmouth, the 29*'' day of
August, in the eleventh year of the Reigne of our Sove-
aigne Lady Anne, by the Grace of God, of Great Britain,
France and Ireland, Queen, &c. Anno Domini, 1712.
By order of the Council,

Cha. Story, Secretary.

1712.] RECORDS OF COUNCIL. 643

[p. 301.] Province of New Hampshire.

Att a Council held at Portsni" the 7'-^
September, 1712.
Present.

Wni. Vaughan, J JSIark Hnnking, ) -^

Sam' Penhallow, > Esqs. John Wentworth, ) ' ^"
John Plaisted, )

The Embargoe aforementioned is ordered to be taken
off, and Mr. Secretary Story is hereby directed to give
notice thereof to the Captaine of the ffort, the Collector
and Naval officer, and other persons concerned therein ac-
cordingly.

Province of New Hampshire.

Att a Council held at Portsm" on the
W of October, 1712.
Present.
His Excellency Joseph Dudley, Esq., Govern"^*

Peter Coffin, ^ Saml. Penhallow, ) y

Maj. Wm. Vaughan, > Esqs. John Plaisted, ) ^ *
Robert Elliott, )

His Excellency being acquainted that there was a Cause
hanging or pending to be heard before the Govern"" and
Council, betwixt Mr. Daniel Rogers of Ipswich, and the
feeholders, Comon^ of Hampton ; and it appearing that
Major Joseph Smith was manager for Hampton ; who then
was not well ; — and the Law of usage in such cases demands
fourteen days notice of tryal ; And his Excellency being
necessitated to Returne to the Assembly in Boston, It was
then declared that the cause was continued till the next
coming of his Excellency in the Province of New Ham[)-
shire. And the Secretary is ordered to write to Mr.
Rogers to desist coming from Ipswich, by reason of such
continuance.

644 PROVINCE OF NEW-HAMPSHIRE. [1712.

[p. 302.] Province of New Hampshire.

Att a Council held at Portsm" y 29'^
of October, Anno Dom', 1712.
Present.

Wm. Yaughan, ^ Rich*^ Waldron, \

Sam' Peuhallow, > Esqs. Mark Hunking, > Esqs.
Jno. Plaisted, ) Jn". Wentworth, )

The following Proclamation was read at this Board in
haec verba sequen : and published by beat of drum ; the
Council, Justices and Gentlemen being present ; and
the Militia Companyes raised, the day was performed with
Great solemnity.

Bi/ the Queen.

A PROCLAMATION

Declaring the Suspension of Arms as well by Sea as Land
agreed upon between her Majestic and the most Christ-
ian King, and enjoy [n]ing the observance thereof:
Whereas, the putting an End to this long and Expensive
Warr, and for restoring a General Peace, a Treaty hath
been for some time set on foot, and is now carrying on at
Utrecht* ; and whereas, for the preventing of the effusion
of Christian blood, and all the Events of Warr which might
possibly interrupt the progres of that negotiation, and for
the better securing the Trade of our Kingdom and the Do-
minions thereunto belonging, It hath been agreed between
us and his most Christian Majestic, as follows : that is to
say,

That there shall be a General Suspension of all warlike
actions and Enterprises, and of all Acts of Hostallity in
General between the Armies, Troops, Fleets, Squadrons of
her majestic of Great Brittain and the most Christian King,
during the tcarm of four months, to commence from the
Eleventh of this instant August, and to continue untill the
Eleventh of Decern'' next.

And to prevent all occasions of Complaints & disputes

* The treaty of Utrecht between Great Britain and France was concliuled and
signed on tlie 3Uth of March, 1713. " By this treaty the French King yieUlecl to the
Q leeii of Great Britain, the Bay anil Straits of Hudson, tlie Island of St Christopher,
Nova Scotia and Newfoundland." — Holmes' Am. An., Vol. I, p. 510.

1712.] RECORDS OF COUNCIL. 645

wliich may arise ujion account of sliij)S inorchMizcs or other
etlects Avliich may l)e taken at Sea during' the time of tlie
Suspension, it hath been also mutually agreed, that such
ships, mcrchant-dizcs & etfects which shall hapjjen to be
taken in the Channel [p. 303.] and in the North Seas after
the space of twelve days, to be computed from the eighth
of this instant August, on which day the said Trealy of
Suspension was signed ; and that all shipps, merchant-dizes
& Elfects which shall haj)j)en to be taken after six weeks
from the s'^ eighth day of xVugust beyond the Channel, the
British Seas and the North Seas as far as Cape St. Vincent,
or beyond the s'^ Cape to the Line, whether in the Ocean or
in the Mediterranian, shall be restored on ))oth sides.

We have thought fitt, l)y and with the advice of our
Privy Council, to notify the same to all our loving subjects ;
and we do hereby strictly charge and command all other
our subjects whatsoever, to forbear all acts of Hostillity,
cither by sea or land, against his most Christian Majestic,
his vassals or subjects, during the s'^ space of four months,
under the pennalty of incurring our highest dis})lcasurc.

Given at our Castle of Windsor, this eighteenth day of
August, in the eleventh year of our Reign, and in the year
of our Lord, 1712.

GOD SAVE THE QUEEN.

Ordered, that Mr. Treasurer Penhallow prepare a Dinner
for the Council, Justice and Gentlemen of the Town of
Portsmouth, and the officers of the Militia, and y' the three
companies of the Militia Soldjers be ordered some Biskett
and Drink ; and the whole charge accrueing he paid out of
the publick Treasury.

[p. 304.] Province of New Hampshire.

Att a Councill held at Ports'"" on Thurs-
day, the 13*" day of Nov-^, 1712.

Present.

Esqs.

Wm. Vaughan, ^ Mark Hunking,

Sam' Penhallow, > Esqs. Jno. Wentworth,

Jno. Plaisted, )

The following Proclamation being read, Mr. Secretary

646 PROVINCE OP NEW-HAMPSHIRE. [1712.

Story was ordered to send copies of the same to the sev-
erall Towns of this Province :

A PROCLAMATION

FOR A PUBLICK THANKSGIVING.

Under a sense of the many divine favours in the present
year that demand our thankful acknowledgm* to Almighty
God, from whom cometh every good gift and every perfect
gift:

I have thought fitt by and with the advice of her Majes-
ty's Council, to appoint and order a General Publick
Thanksgiving throughout this Province, on Thursday, the
twentieth of Nov'' next coming, forbidding all servile Labour
thereon, & exhorting both ministers and people in their
respective Congregations and Assemblys upon the said Day,
to offer up sincere & harty praises to Almighty God, for
his Innumerable undeserved favours & Blessings ; particu-
larly, for his gracious protection of her Majesty's sacred
person and Kingdom ; for the near view of a Happy peace ;
for frustrating the Designs and Lyings in wait of our Ene-
mies ; for the General Health we have enjoyed and the
plentiful Harvest vouchsafed : And, with our Thanksgiving,
to Joyn fervent [p. 305.] supplications, that we may be
enabled to order our Conversations aright, and God may
shue us more of his Salvation.

Given at the Council Chamber in Portsm" the 13* day of
Nov'', 1712, in the eleventh year of the reign of our Sover-
aigne Lady Anne, by the Grace of God, of Great Britain,
France & Ireland, Queen, Defender of the Faith, &c.

Joseph Dudley.

By order of his Excellency

with the advice of y*^ Council. Chas. Story, Sec^.

1712.] RECORDS OP COUNCIL. G47

Province of New Ilampsliire.
Att a Council held at Portsmouth, the 20'"
day of December, Anno Domini, 1712.
Present.

Wm. Vaughan, ^ John Plaisted, \

Richard Waldron, > Esqs. Mark Ilunking, > Esqs.

Sam' Penhallow, ) John Wentworth, )

Pursuant to his Excellency's letter of the 15"' instant l)e-
ing read at the Board ; the following Proclamation was
ordered to be published by Beat of Drum, &c., which
accordingly was done.

By his Excellency
Joseph Dudley, Esq., Govcrnour and Commander-in-Chicfe

of her Majesties Province of New Hampshire, in New

England,

A PROCLAMATION.

Whereas, an Act of Parliament was made and passed in
the sixth year of Her present Majestie's Reigne, for Ascer-
taining the Rate and value of forreign coin, within Her
Majestie's Plantations in America, reprinted and published
within this Her Majestie's Province ; for preventing the
laxness and neglect in the due observance and conformity
to the said Act : —

I have thought fitt, by and with the advice of the Coun-
cil, to Emit this Proclamation, to command a more strict
observance of the said Act, and that none hence forth dare
to be soe hardy to transgress the same, by uttering of
money at different Rates and value than is thereby sett and
prescribed, on paine of suffering the severest pains and
penalties of the said Act provided.

And all Courts, Judges, Grand Jurors and Sheriffs, are
hereby commanded and Enjoyned to use their utmost En-
deavors to see that the aforesaid Act in the several Branches
& Articles thereof, be strictly observed and kept ; and that
the Breakers of the same be presented accordingly.

Given at the Council Chamber in Portsmouth, the 20"'
day of December, 1712, in the Eleventh year of the Reigne of
our Soveraigne Lady Anne, by the Grace of God, Queen, A-c.

By command of his J. Dudley.

Excellency, with the

Advice of the Council. Cha. Story, Sec''.

god save the queen.

648 PROVINCE OP NEW-HAMPSHIRE. [1712.

[p. 307.] Province of New Hampshire.

Att a Council held at Portsmouth on
Fryday the tenth day of April, Anno
Dom., 1713.
Present.

Major Wm. Vaughan, ] p^^^ John Plaisted, ) ^
Sai Penhallow, i ^'^'- Mark Hunking, ^ ^''^^'

John Wentworth, Esq.
The following Proclamation being read, Mr. Secretary
Story was ordered to send copys to each Town, that the
same might be published and observed accordingly.
A Proclamation for a General Fast.

Upon consideration of the present state of affairs in
Great Brittaine, particularly with reference to the important
Negotiations on foot for the Establishment of a lasting and
happy peace, the quiet and repose of Her Majesties king-
doms and Dominions, and of all her subjects depending on
the good issue of those negotiations : Considering also, the
many other causes that demand our instant humble ad-
dresses to Almighty God, who is the author of Peace, and
all other blessings depending thereon :

I have thought fitt, by and with the advice of Her Maj-
esties Council, to order a General Fast to be observed and
kept throughout this Province, upon Thursday, the six-
teenth day of April currant ; and exhorting both ministers
and people thereon, religiously to apply themselves to the
duties thereof, both in their private Devotions and in the
Publick congregations and Assemblies, with broken and
contrite Hearts to make penitential confessions of sinns,
and with fervent and importunate supplications, [p. 308.]
humbly to implore the Divine Majesty for his gratious
preservation and protection of the sacred person of our
Soveraigne Lady the Queen, and of her Kingdoms, Domin-
ions and people ; for direction of her Majesties Councils ;
for the smiles of Heaven on this Province and the Govern-
ment thereof; on the Springing of the earth, and fruits of the
summer ensuing ; for the continuance of Health, and other
blessings Religious and Civil ; and for prosperity of the
Church of God throughout the world.

1713.] RECORDS OF COUNCIL. G-49

Given at the Council Clianil)cr in Portsmoutli, upon Fry-
day, tlie tentli day of" April, 171:>, in the tweH'tli year of
the Reigne of onr Soveraitiiie Lady Anne, l)y tiie Grace of
God, of Great Jjrittaine, France and Ireland, Queen, De-
fender of the Faith, &c.

By his Excellency's Command, J. Dudley.

and with the advice of the

Council. Cha. Story, Sec''.

God Save the Queen.

[p. 309.] Province of New Hampshire.

Att a Council held at Portsmouth, the
ll*"^ day of April, Anno Domini, 1713.

Wm. Vaughan, } y John Plaisted, ) ^

Sam' Penhallow, j ^^^^' Mark Hunking, ( •*^^^^-

John Wentworth, Esq.

The following Letter was read at this Board in ha^c verba
sequen.

Boston, April G'^ 1713.

Gentlemen : I am upon the most difficult poynt with
the Indians eastward, in order to restore them to obedience
to her Majesties Government, and nothing cann jirevent it
soe much as vessels going thither to trade with them, in
which a bottle of Rumm will unavoicla])ly make a new
breach, and gett some body knoct on the head, as hereto-
fore hapned more than once.

Mr. Secretary Addington comes to you, with this, a copy
of the Proclamation here, which I desire, mutatis mutandis,
you will publish in the Province of New Hampshire.

You all know the cessation of Arms wants much of a
Peace ; and when that happily arrives, I must have a Trea-
ty with them to secure their obedience ; and then persons
for factors and proper places must be determined before
wee cann safely supply them ; and all that must be done in
the province of Maine, within the Government of the Mas-
sachusetts, and not by having Slooi)s upon the Coast, who
will make them drunk, and murder will ensue ; and if that
should happen by your people out of their own Province, it

650 PROVINCE OP NEW-HAMPSHIRE. [1713.

will hazard [p. 310] their lives, besides a new trouble with
the Indians ; I desire you to use all industry to prevent this
great mischiefe so plainly in view, and lett all vessels goe-
ing Eastward be searched att the fort goeing away, and
persons transgressing proceeded against.

I am y"" humble servant,
On her Majesty's service, J. Dudley.

Mr. Secretary Story, to be
communicated to her Maj-
esty's Council, Portsmouth.

By his Excellency,
Joseph Dudley, Esq., Governour and Commander in
Chiefe in and over Her Majesty's Province of New Hamp-
shire in New England, in America,

A PROCLAMATION.

Whereas, the severest pains and penalties are by Law pro-
vided against corresponding with or furnishing Her Maj-
esties Enemies or any of tlie Indian Enemy and Rebels
to her Majestic and the Government of tbese Her Majes-
ties Provinces, with arms, ammunition, warlike stores,
provisions, cloathing of any kind, or any other supplies ;
Notwithstanding which some evil minded persons, re-
gardless of the same, or of their own hazard, are soe
desperately hardy, as to presume to correspond, trade
with, and supply the Eastern Indians, not considering
the fatal consequences thereof, nor the great disservice
done thereby to the Government in the present overtures
on foot with reference to those Indians, for procuring the
quiet and repose of her Majesties good subjects in Gen-
eral:

I have therefore thought fitt by and with the advice of
her Majesty's Council to issue this Proclamation, to notifie
and caution all persons, as well of the hurt done to the
publick, [p. 311.] as the displeasure and last danger they
incur to themselves by such p'nitious and wicked practices,
soe expressly and strictly forbidden ; resolving to cause
the Laws in the utmost pains and penalties thereof to be
put in execution and inflected upon such wicked, obstinate

1712.] RECORDS or COUNCIL. G51

criminals; licrcby willin<^ and impowcriiig all olTiccrs Civil
and Military, and other her Majesties good sulijccts, to ar-
rest, seize and secure all ))ersons whom they shall fiiidc or
bo inibrmed are, or have been, trading with or siipplying of
the Indians with their vessels goods and effects, in order to
their being brought to a tryal :

And I also command all Sheriffs and Commanding offi-
cers of forts and garrisons to cause this Proclamation to be
published within their respective precincts and places.

Given at the Council Chamljcr at Portsmouth, upon
Saturday, the ninth day of April, Anno Donii. 171->, in the
twelfth year of the reigne of our Soveraigne Lady Anne,
by the Grace of God, Queen, &c.

By order of the Governour, J. Dudley.

By and with the advice of

the Council. Cha. Story, Secretary.

Ordered, That the above proclamation be published and
posted upp in Portsmouth and New Castle in this Province.

Mr. Daniel Ringe being sent for to this Board, was dis-
coursed relating to his taking up to be schoolmaster in the
Town of Portsmouth, to teach Latin, writing and cipher-
ing, &G : And, pursuant to an Act of this Province of the
16*'' of May, 1710, It is in the power of the Governour, Coun-
cil and Minister of the said Town of Portsmouth, to ap-
point such [p. 312.] School masf; And the said Daniel
Ringe, having acquainted this Board, he is walling to settle
himselfe for four years as school Mas' of the said Town of
Portsmouth :

Agreeable therefore to the Said Act, the Council and
Minister aforesaid have appointed the said Daniel Ringe to
be school mas' of the said Town for four years, and to re-
ceive fifty pounds per annum, as mentioned in the Act
aforesaid.

652 PROVINCE OF NEW-HAMPSHIRE. [1713.

Province of New Hampshire.

Att a Council held at rortsmouth on
Tuesday, the 27"' August, 1713.
Present.
The Honorable John Usher, Esq. Lieut. Govrn^
Wm. Yaughan, J Mark Hunking, } ^

Sam'. Penhallow, > Esqs. John Wentwortli, ] '^
John Plaisted, )

His Excellency the Govern^ letter of the 24*** curr* relat-
ing to the proclamation of peace, was read at this Board^
in ha)C verba sequen :

Boston, 21'^ August, 1713.
Sir-
Yesterday, by the Post from York, I rec'^ the enclosed
proclamation of Peace ; — the most happy news to all her
Majestie's good subjects ; with hei Majesties' command to
publish the same :

Accordingly, on Thursday the 27'^ instant, I do hereby
direct the Council meet at the Council Chamber, and the
two Companys at the Bank attending, and that you draw
into the field, and there solemnly proclaime the peace, in
the Proclamation enclosed, with [p. 313.] all just demon-
stration of joy ; Let the Companys in Arms give three
Volleys, and the Fort one perfect Round of all their gunns ;
And let this letter with a minute of Council of its perform-
ance, be entered in the Council book.

I am yo'' humble servant,
J. Dudley.
Lt. Gov. Usher, or in his absence
Her Majestie's Council in New
Hampshire, to be communicated.

On her Majesties service :
To the Hon'ble John Usher, Esq. Lieutenant Governour of
the Province of New Hampshire ; And in his absence,
to Charles Story, Esq. Secretary — to be communicated.

Portsmouth.
The Proclamation of Peace was alsoe read at this Board,
in hsec verba sequen :

1713.] RECORDS OF COUNCIL. 653

Bij the Queen.
A Proclamation for the publishing the Peace between Her
Ariijcstio, And his most Christian Majestic the Frcncli
King.

ANNE R.

"Whereas a Peace hath been treated, And articles of
Peace and Commerce have been concluded at Utrecht, the
one and thirtieth day of March last, between us and his
most Christian >[aiestie, the French King ; and the Ratifi-
cations thereof hath been since exchanged: In conformity
thereunto, wee have thought (itt hereby to command, that
the same be published throughout all our dominions : —
And wee doe declare to all our [p. o14] loving subjects,
our Will and pleasure, that the said Articles of Peac^e and
Commerce be observed Inviolaldy as well l)y Sea as by
land, and in all places whatsoever; strictly charging and
Commanding all our loving subjects to take notice hereof,
And to conform themselves thereto accordingly.

Given at our Court at St. James' the fourth day of May,
in the twelfth year of our Reigne.

God Save the Queen.

And immediately his Honor the Lieutenant Governor,
^nd the gentlemen of the Council, with Justices of the
Peace and several other Gentlemen attending his Honour,
went into the field where the Militia were drawn upp, and
there proclaimed the said Proclamation of Peace, at the
Heads of the companys, with Great Demonstrations of
Joy, etc.

His Honour returned to the Council Chamber, and there
acquainted the Gentlemen of the Council, that if they had
any thing to propose for her Majesties' service, and good of
the Province, he should readily adhere thereto and willing
to serve her Majestic, &c.

Answered, they had nothing.

654 PROVINCE OF NEW-HAMPSHIRE. [1713.

[p. 315.] Province of New Hampshire.

Att a Council held at Portsmouth, the tenth
day of November, Anno Domini, 1713.
Present.

Wm. Vaughan, ) ^ Saml. Penhallow, ) ^

Richard Waldron, \ ^^^^- John Plaisted, \ ^''^^•

John Wentworth, Esq.
The following Proclamation being read at this Board,

Mr. Secretary Story was Ordered to send to each minister

of the several parishes of this Province, one of the said

Proclamations ; — being as followeth :

By his Excellency Joseph Dudley, Esq. Captaine General
and Governour in Chiefe, in and over her Majesties'
province of the Massachusetts Bay and New Hampshire,
in New England, in America,

A Proclamation for a Puhllck Thanhsgiving .

It having pleased Almighty God to preserve her Majes-
ties most sacred person ; to prosper her just arms, with
repeated successes, thro' the course of a long calamitous
warr, which by the smiles of Heaven on her Majesties' wise
Council and conduct, is now brought to a conchision by a
happy peace ; her Majestic alsoe by her pious instances hav-
ing obtained the deliverance of a considerable number of
the glorious confessors of the name of our Lord and
Saviour Jesus Christ, from their chaines in French Gal-
lyes ;

All which, with the many other publick blessings con-
tinued and bestowed more perticularly on our selves, in the
pacification made with the Indian Enemies ; in the General
health throughout the province ; in preserving to us soe
great a part of the Harvest, doe demand our sincere ac-
knowledgment and hearty prayers :

I have therfore thought fitt, by and with the advice of
the Council, to order and appointe that Thursday, the twenty-
sixth day of November currant, be observed as a day of
General [p. 316] Publick Thanksgiving for celebrating the
praises of Almighty God, throughout this Province, for the
aforesaid enumerated and all other his undeserved mercies
and favours : Hereby forbidding all servile labor on the

17 in.] RECORDS OF COUNCIL. G')5

said day, exhorting both ministers and people in their re-
spective congregations and assemblies, to attend and jjer-
forme the dntys of the said day, with religious and becom-
ing devotion.

Given at the Council Chamber at Portsmouth, the tenth
day of November, in the twelfth year of the Rcigne of
our Soveraigne Lady iVnne, by the grace of Cxod, of Great
Britain, France and Ireland, Queen, Defender of the
Faith, Anno Domini, 1713.
By his Excellency's command,
with the advice of the Council.
CuA : Story, Secy.

Province of New Hampshire.

Att a Council held at Portsmouth, on Thurs-
day, the third day of December, 1713.
Present.
The Hon'ble John Usher, Esq. Lieut. Governour.
Richard Waldron, ) ^ John Plaisted,

Sam^ Penhallow, j ^^'^'- Mark Hunking, | ^^^^•
John Wentwortii, Esq.

His Honour the Lieut. Governour proposed to the Gen-
tlemen of the Council, that General Nicholson* would in
some small time be in the place and that care might be
taken for the reception of himself and retinue.

Ordered, that when Mr. Treasurer shall have notice of
the said General Nicholson coming into this Province, that
he acquaint Col. Packer thereof, in order to provide for his
reception, <fec. at his the said Packer's house.

♦General Francis Nicholson, wlio liail been Lieut. Governor of Virginia, ami also of
New York. In 1810, he hail command of the exiioilition against Port Hoyal, which he
captinx'il, and in honor of Queen Anne, the phice was subsequently named Annapolis.
He was also in command of the land forces against Canada, iu 1711, which i>roved
disastrous. — Ed.

Esqs.

656 PROVINCE OP NEW-HAMPSHIRE. [1713.

Province of New Hampshire.

Att a Council held at Portsmouth,
the 4*'^ December 1714 [1713 ?]
Present.
Richard Waklron, ^ Mark Hunking,

Sam'. Penhallow, > Esqs. John Wentworth,
John Plaisted, )

His Excell-'' letter of the 27"' of November last, was read
at this Board, as foil, viz:

Boston, 27"' November, 1713.
Gentlemen,

By the articles of pacification* with the Indians in which
you assisted to our joynt satisfaction, I am engaged that
they shall have Trading Houses for their supply ; and, with-
out which I shall not be able to maintaine the peace.

I have therefore, with the advice of the Council of this
Province, established Cascoe, Winter Harbour, for this
Province, and have projected one at Oyster River, to be
supplyed by Capt. Wentworth, and governed by Capt. Davis:
and the Instructions to Capt. Wentworth are enclosed. I
hope you will see reason to agree the matter, and then let
Mr. Secretary Story countersigne and deliver them to Capt.
Wentworth : If otherwise, you have any objection you will
please to rep'sent it without delay, for that the affair must
be speedily proceeded in ; and General Nicholson will take
the same measures in his Government and approves my
measures here.

I am, Gentlemen, y'' very humble Serv*

J. Dudley.
On her Majesty's service :
The Honorable the gentlemen
of her Majestie's Council,
New Hampshire.

The said Instructions were read, and John Wentworth,
Esq. acquainted this Board, that at present he would give
noe Resolve, but would write his Excellency the Governour,
his opinion above mentioned, and then give his Answer to
the Gentlemen of the Council.

• See said Articles in the " Journal of Council and Assembly," July 15, 1713.

171;).] RECORDS OF COUNCIL. 657

[p. 319.] Province of New Hampshire.

Att a Council held at Portsmouth, the 29"*
day of December, 1713.
Present.

Major Wm. Vanghan, ) „ John Plaistcd, ) ,,

Sam'. Penhallow, j ^^^^' Mark Hunking, i ^^^®-

John Wentworth, Esq.

By his Excellency, Joseph Dudley, Esq. Governour and
Commander-in-Chiefe of her Majesties province of New
Hampshire, in New England.

A Proclamation for General Fast.

On consideration of the present distresses of her Majes^
good subjects of this Province, by reason of the general
sickness prevailing in the several parts, 'and the great
scarcity of corn and graine of all sorts, whereby many
families of the poor especially, are reduced to extreme
want and straits, and the severities of the winter season :

I have therefore thought fitt by and with the advice of
her iMajestie's Council, to order and appointe that Thurs-
day, the fourteenth day of January next, be observed for
Fasting and Prayer throughout this Province ; forbidding
all servile labor on the said day, and exhorting both minis-
ters and people in their respective Assemblies thereon, with
penitential confession of sins, to acknowledge the holiness
and Righteousness of God in his judgments upon us for
the same ; humbly to implore Divine grace, by hearty sup-
plications for the pardon of our sins, and averting of his
judgments : for all Divine Blessings upon her Majestic our
most gratious Soveraigne Lady the Queen, her person and
Government, our nation, the Province, and the Church of
God throughout the world.

Recommending it alsoe to the ministers of the several
Towns and Congregations, upon the said day to ask the
charitable contribution of their respective Auditors, for the
reliefe of their distressed brethren and neighbors, to be
distributed accordingly.
42

658 PROVINCE OF NEW-HAMPSHIRE. [1714.

Given at the Council Chamber, at Portsmouth, the 29"*
day of Dec"", Auuo Dom. 1713, in the 12"' year of the
reign of our Soveraiue Lady Anne, by the Grace of God,
Queen, &c.

J. Dudley.
By Order of his Exce"
with advice of the Council.
Cha. Story, Secy.

God Save the Queen.

[p. 320.] Province of New Hampshire.

Att a Council held at Portsmouth, the 15^'^
day of February, and Anno Dom. 1713-4.
Present.
Samuel Penhallow, ) ^^ Mark Hunking, ) y ^

John Plaisted, \ ^'^ ' John Wentworth, \ ^

Samuel Penhallow, Esq. pursuant to his Excellency's
Commission, took the oath of one of the Justices of her
Majestie's Superi"" Court of Judicature of this Province ;
and the oaths in sucli cases appointed by law ; as alsoe
signed the Test and Declaration.

John Wentworth, Esq. pursuant to his Excellency's
Commission, took the oath as one of the Justices of her
Majestie's Inferiour Court of Common Pleas in this Pro-
vince ; and the (tiths (in such cases) appointed by Law ;
as alsoe signed the Test and Declaration.

[p. 321.] Province of New Hampshire.

Att a Council held at Portsmouth, on Tues-
day, the 25^^ June, 1714.

Present.
William Vaughan, ^
Richard Waldron, > Esqs.
Mark Hunking, )

His Excellency the Governour's letter of the 21^' curr*
was read at this Board, in hjEC verba sequen :

1711.] RECORDS OP COUNCIL. 659

Boston, 21^' June, 1714.
Gentlemen : The 18"' instant I rec"* letters from the
Right Hon''''' the Lords Commissioners of Trade and Plan-
tations, bearing date April the G"', 1714 ; wherein I ara
commanded to publish the Articles of Peace and Com-
merce between Great Brittaine and Spaine ; which there-
fore I have covered to you, and direct you immediately
upon the receipt thereof, to intimate a Council at the Coun-
cil Chamber in Portsmouth, the 24"' instant, at eleven
o'clock in the morning, when and where, in their presence,
you shall read and publish the said proclamation and
Articles ; And direct the discharge of twenty one Gunns at
the Queen's Fort at the same time ; and enter a minute in
your Council Books, of your proceedings accordingly.
Given under my hand.

J. Dudley.

By the Queen,

A Proclamation

For publishing the Peace between her Majesty and his most
Catholick Majesty the King of Spain :

[p. 322.] ANNE R.

Whereas, a Peace hath been treated & Articles of Peace
and Commerce have been concluded at Utrecht, the '^Xut^h
iay of July, and the ."^|^pi!£^ day of f^'f^;~ last, between
us and his most Catholick Majesty, the King of Spain, and
the Ratifications thereof have been since exchanged ; in
conformity thereunto, we have thought fitt hereby to com-
mand that the same be published throughout all our Domin-
ions ; and we doe declare to all our loving subjects our will
and pleasure, that the said Articles of Peace and Com-
merce be observed inviolably, as well by sea as by land, and
in all places w'soever ; strictly charging and commanding
all our loving subjects to take notice thereof, and to con-
form themselves thereto accordingly.
Given at our Court at Saint James, the eight and twentieth

day of February, 1713-4 in the twelfth year of our

Reign.

God Save the Queen.

•TheB« dates indicate the Old and iVeio style, which is a difference of eleven days.

660 PROVINCE OP NEW-HAMPSHIRE. [1714.

Pursuant to the before mentioned Letter, the Proclama-
tion and Articles were published by Beat of Drum, at the
usual place in Portsmouth. The Honorable, several of the
Gentlemen of the Council and Justices of the Peace being
then present : Att which time the Gunns at her Majesties'
Fort were fired : the remaining parts of the day being past
away with much solemnitye and rejoicing, &c.

[p. 326.] Province of New Hampshire.

Att a Council held at Portsmouth, on
Saturday, the 17* of July, 1714.
Present.
The Honorable John Usher, Esq, Lieut. Govern'.

Robert Elliott, "j John Plaisted, J

Kichard Waldron, > Esqs. Mark Hunking, > Esqs.
Sam^ Penhallow, ) John Wentworth, )

Gentlemen — On Monday last, I waited upon the Gov-
ern'' and acquainted him of my coming into the Province ;
and if there is any thing for the service of the Crown or
the Province y* you have to propose, I shall readily doe my
duty to promote the same. t

The Indian Sachems that are coming here to treat with
the Govern'', I think it proper to leave it to your discretions
to consider proper quarters for them, that they may not
straggle, least mischiefe may accrew betwixt some of them
and some of our people.

Ordered, That Mr. Treasurer take care for the p'sent
supply of provisions for the Sachems and other Indians that
are expected here daily, and that they be seated upon
Withers Island in the houses there, or with such Hutts or
Hovels as they may see occasion to make, till further order.

His Honor, the Lieut. Govern'' acquainted this Board that
his Excellency, the Govern'', expected General Nicholson
should be hansomely and respectfully rec*^ into this Prov-

17U.] RECORDS OF COUNCIL. CGI

iiice ; therefore tlie Lieut. Govern'' was pleased to acquaintc
the Gentlemen of the Council, lie would goe soe far as
Hampton to receive the Govern"' and General Nicholson,
when he had ace' of his coming, and expected their Comp*
to attend him thither.

His Honor the Lieut. Govern'" was pleased to say that he
had nothing further to communicate to this Board at
present, but if he heard from his Excellency he would
acquainte them therewith.

[p. 327.] Province of New Hampshire.

Att a Council held at Portsmo", the 2'^
Aug* 1714.
Present.
The Honorable John Usher, Esq. Lieut. Govern^

Robert Elliott, ] John Plaisted, ^

Ricliard Waldron, > Esqs. Mark Hunking, > Esqs.
Sam' Penhallow, ) John Wentworth, )

Gentlemen — On Saturday last when I was here I spoko
to Mr. Treasurer to gett Mr. Packer's Acct. brought to this
Board, relating to the expences of the Government at tlic
meeting of tlie Lidians when the Govern'' and General were
here — which Mr. Treasurer brought in accordingly.

The said Ace* being read, it is lookt upon as noe proper
ace* and therefore.

Ordered, That the said Colonel Packer be directed to
draw out an Ace* of the number of persons tliat dined every
day, and of tlie quantity of the sorts of liquors, and that the
said account when new drawn out be referred to the Com-
mittee for examining all acct' &c, and to inspect the same,
and make Report.

The Council says there is an order of Government for a
Committee to examine all accts. and make Report to the
Assembly, and therefore they refer all acct" before them to
that Committee.

662 PROVINCE OF NEW-HAMPSHIRE. [1714.

His Honour the Lt. Govn'' proposed to the Council, that
he had been five times here upon her Maj"'^^ Business, and
have expended five pounds in one Journey besides his time,
and often motioned it to the Council to be gratified ; but as
yet never had any thing. It is the opinion of the Council,
that this affair be referred to the next General Assembly.

Mr. Treasurer's Ace* Am° to <£43. 3s. 8d. relating to ex-
pences of the Government, referred to the Committee.
[p. 828.] The Hon'"^ the Lt. Govern'^ told the Gentlemen
of the Council, that he woiild lay an Address before his
Excel^ General Nicholson, referring to the waist Lands of
this Province ; that he would be pleased to acquainte her
Majestic about the settlement of the said Land.

Province of New Hampshire.

Att a Council held at Portsm° on Thurs-
day, the 231 September, 1714.
Present.
The Honourable John Usher, Esq., Lt. Govern''.

Samuel Penhallow, ) y Mark Hunking, Esq.

John Plaisted, ) ^ '

His Honour the Lieut. Govern'^ made the following
speech, in hasc verba sequen :

Gentlemen : The 20* instant receiving from his Excel-
lency, Joseph Dudley, Esq., Governor and Commander-in-
Chiefe of his now Majesty's Government, some lines, to
come here to perform the ceremony of this day ; notwith-
standing my indisposition by reason of sickness, being
weak, yett from a principal of loyaltie, am come here to
perform the same, viz :

The funeral of our most gratious Soveraigne of ever
Blessed memory, exemplary for piety and virtue, attended
with true zeal for promoting thereof: Alsoe this day to
proclaime the High and Mighty prince George, Elector of
Brunswick, Lunenburgh, who by the death of our late Sov-
eraigne Anne, of happy memory, is now become lawfull

l^l-l-] RECORDS OF COUNCIL. G63

[p. 320] successor and King, to the Imperial crown of
Great Brittaine, France and Ireland, (fee, whom, pray God
to Bless with long and happy years to reignc over us.

His Excellency's the Governor's letter was read at this
Board, in hajc verba sequen :

Boston, September 20*'', 1714.
Gentlemen: I have directed the Proclamation of his
Majestic King George in this place, with all solemnity, on
Wednesday the 22^* instant, and doe hereby direct you to
meet on Thursday morning at the Council Chamlier, hav-
ing the foot company s of Portsmouth in Arms, and the
troop of Horse ; and then, let the Colours at the Fort be
hoisted halfe-mast high, and Ictt there be one round of all
your gunns fired, at a minutes distance each, for the funeral
of her late Majestic Queene Anne,* of blessed memory ;
and at twelve of the clock, let the colours be hoisted & the
Proclamation solemnly read ; the soldiers give three vol-
leys, and the Castle three Rounds of all their gunns, & let
the Council goe into mourning, for Her late Majestie,
Queen Anne, of blessed memory ; — making a minute in
your Council Book of what is performed as above.
Given under my hand,

J. Dudley.

Verte.

If Governor Usher come not, I would have all the Coun-
cil take the oaths, according to Act of Parliament, as if they
were now first entered Councillors ; and all the otlier ofii-
cers civil and Military must doe the same, as you will see
in the Act of Parliament, primo Annse chap. 22''.

J. Dudley.

[p. 330.] His Honour, the Lieut. Govern" Commission
was read at the Board.

A minute in the Governor's Commission was relating to
Issuing out mony out of the Treasury, w^as also read at
this Board.

His Honour, the Lieut. Governour acquainted the Coun-
cil, that he, by his Excellency's direction came to see the

* Queen Anne died Aujjust 1, 1714, aged 50.

664 PROVINCE OF NEW-HAMPSHIRE. [1714.

due performance and solemnity of this day, and that it was
expensive to him.

Ordered, that tenn pounds be immediately paid out of
the Treasury, to His Honour, the Lieut. Governour for his
extraordinary care in seeing the performance of the said
day, with thanks from this Board.

The ceremoney of the said day was performed as follow-
eth : viz.. Two companys of soldjers in Arms, the Lieut.
Governour, some of the Council, the Secretary, Justices,
Sheriffe, and several principal gentlemen attended the cere-
mony of the funeral of our late Soveraigne Lady Queen
Anne, of ever blessed memory ; the soldjers marching in
funeral posture ; the Lt. Govern'' accompanied as above-
said went from the House of Capt. Richard Gerrish, Esq.,
in Portsm" to the said Ceremony, and marched to the street
before the Council Chamber, where the soldjers were drawn
upp and fired three volleys ; and after that all the Gunns
at the Fort were fired, and the shipps in the River fired
several gunns in the funeral posture.

Sometime after, the Lieut Govern'^ accompanied as afore-
said, went into the field to the head of the Companys, and
Ordered Proclamation to be made, that all ofiicers, civil
and military, were to continue in their [p. 331.] place till
further order, for keeping the peace and safety of his Maj-
esties good subjects. And then proclaimed King George,
King of the Imperial Crowns of Great Britain, France &
Ireland, &c. ; firing three volleys, and giving three huzzas;
all the Great Gunns of his Majestie's Fort at New Castle
fired three times Round ; several scores of Great gunns
fired on board of the shipps in the river ; after which the
Lieutenant Governour with the Council, Secretary, Justices,
Sheriffe, and other the principal Gentlemen of the place,
returned to the Council Chamber where they drank the
King's health, and the Duke of Cambridge ; concluding the
evening with great joy and solemnitye.
God Save the King,

171^.} RECORDS OF COUNCFL. C05

I'loviiicc of New Hampshire.

Att a Council held at Portsmouth, tlic
21*' of October, Anno. Dum. 1714.
Present.
Nath' Wear, ) J^am" Ponhallow, )

Pohcrt Elliott, I Esqs. John Plaisted, | Esqs.
Richard Waldron, ) Mark Hunking, )

John Wentworth Esq.
All the officers civil and military took the oaths appointed
by Law and sui)scribed the Declaration, as upon Hie, in the
Secretary's office.

[p. 332.] Att a Council held at Portsm° y'" 12"' Jan-^
1714-5.

Present.
Robert Elliott, J Sam' Penhallow, )

Nath' Weare, > Esqs. John Plaisted, V Esqs.
Rich'^ Waldron, ) Mark Hunking, )

John Wentworth, Esq.
Hir Excellency's Letter w^^ y'' Comp" of y'" several In-
habitants of Portsmouth was read.

Upon w'^'' y*' principall of y® s'^ Complainers, w"* the Se-
lectmen of Portsmouth, were ordered to appear, & ac-
cordingly did appear, & upon hearing both p'ties y'" Council
were pleased to give his Excellency y® Gov'' a full account
of y" matter in a letter bearing date y^ 12"' day of Jan"",
1714-5, as on file.

Province of New Hampshire.

Att a Council held at Portsmouth,
y<^ 28"' Jan>', 1714-5.
Present.
Robert Eliot, j Sam' Penhallow, )

Nath' Weare, S Esqs. John Plaisted, i Esqs.
Rich" Waldron, ) j\Iurk ilunking, )

John Wentworth, Esq.

GijQ PEOVINCE OF NEW-HAMPSHIRE. [1715.

The Gov" Letter bearing date, Jan^ 17"', was this day
read at y* Council board as followeth :

Roxbury, 17 Jan : 1714-5.

Gent™ : I have before me Mr. Secretary Story's letter
from the Council, & papers enclosed, & tho' I tliink y*'
winter season w'' have given leisure [mo ?] to y" Council to
have satt upon y'' complaints of Portsmo : yet I shall allow
of y^ proceedings y''upon by a Committee, directing it to be
done by impartiall p^'sons of the Council ; or otherwise to
revise y® proceedings upon y*^ said three years ace"*, y* y®
whole matter may be sett in a true light ag^' y*' next sitting
of an Assembly, w*^^' I suppose will not be long hence.

The dismissing y^ appeal by y'^ Superior Court, I am of
opinion ought to have carryed its reason w^'^ it ; tho' I am
[p. 333.] not to doubt but y® Judges had y® reason for it.
Referring to y® Papers signed by Captain Pickerin, Mr.
Cotton & others alleadging double orders in the town book,
&c., I cannot give any opinion unless upon y*^ place to see
them, & hear both p''ties ; nor of the surplusage of the tax
beyond y** Assembly's order, untill y® Committee have sett
them in a true light ; whom, therefore, I direct you forth-
with to appoint : in the meantime there must be no delay
of collecting w* is granted by y" assembly to y° Crown for
drawing in y*^ Province bills.

Gent" : Referring to y*^ Courts & Governm*, it is a mat-
ter out of all question, y^ his Majesty's subjects in the Pro :
of New Hampshire are not to be left one day whhout gov-
ernm*^ w*^'' you may be assured his Majesty has directed &
disposed before this time ; and y® distance and hazard of
its arrivall & delay thereupon is a warr* sufficient for all
y°'' Bank ta proceed in their ordinary methods, & Judges,
Justices for the Civil part, as well as military officers, for
y*' security & defence of his Maj'ties good subjects, w'^'' ac-
cordingly I expect from every such officer civill and mili-
tary, as they will answer y*" contrary at y"" perill, & y®
obedience & assistance of all his Maj'*^*^® good subjects in y®
Pro: residing; the s'' officers having every p'son qualified
themselves, as y'^ Lords Justices <fe Act of Parliament have
commanded ; & of this y® Gent™ of his Maj'"" Council will
give notice as need may require, that we may be found in
a DutifuU & Loyal & peaceable posture when his most

1715.] REC0RD3 OF COUNCIL. 667

sacred Maj'""^ commands shall arrive, w"'' cannot be
long.

I am, Gent"'",

Y'^ most faithful friend
To 1)0 communicated to his J. Dudley.

Maj'"^* Council, N. Ilamp'"''.

Ordered, that y" whole Council sitt as a Committee to
auditt y" ace"* of y° Selectmin of Portsmouth for two years
])ast, to give an acc^ of the money raised, & that they be
notified to draw out their accounts accordingly, to be layed
before the Council board on Tuesday y® 8^^ of Feb'^^ next.

Ordered, that his Excellency, the Gov"" be acquainted
w*** the opinion of this Board, that a Proclamation be forth-
with issued throughout this Province for y'' continuance of
all officers both civill & military for the defence of his
^jj^j'ties good subjects, untill his Maj'"*^^ pleasure be farther
known.

[p. 334.] Province of New Hampshire.

At a Council held at Portsm**
Jan. 31, 1714-5.
Present.
The Honorable John Usher, Esq. Lt. Gov^
Robert Eliot, ^ John Plaisted, ^

Rich** Waldron, V Esqs. Mark Hunking, \ Esqs.

Sam' Penhallow, ) John Wentworth, )

The following Proclamation was published by beat of
drum.

By his Excellency, Joseph Dudley, Esq., Capt. Generall &
Governour-in-chief in & over his Maj'"®* Province of New
Hampshire in New England, A PROCLAMATION, requir-
ing all persons in office of authority or governm*, civil or
military, to proceed in y® execution of y' respective offi-
ces.

His Maj"*' commands referring to the Govern m* of this his
Maj'^'* Province being not yet arrived, but to y* intent that

668 PROVINCE OF NEW-HAMPSHIRE. [1715.

good rule and order be upheld, and y® peace and quictt of
his Maj*-^*' good subjects in y® several parts pr'served, I have
thought fitt, l)y and with y*" advice of his Maj'^'' Council, to
put forth this Proclamation, hereby strictly charging, &
in his May'-'^ name requiring all officers civil and military
(who have qualified themselves by taking y^ oaths appointed
by Law, pursuant to y^ Act of Parliam' made in the sixth
year of her late Maj'-^'*' reign, Intitled an Act for y'' security
of her Maj"*^^ p'rson & Governm*, & of the succession to y"
crown of Great Brittain in the Protestant line ; and a Procla-
mation issued by their Excellencys the Lords Justices of
Great Brittain) And y® respective Courts of Justice w'^in
this Pro : to attend y° Duty of their respective offices,
places and employm*% & vigorously to exert themselves in
y® execution of y'^ Laws for y*^ conservation of the peace
& Administration of Justice, according to y'' powers & trust
in them severally reposed, until his Maj"''*' pleasure shall be
known therein, as ^'^ tend"" y^ duty and Allegiance to his
Sacred Maj"*^ & will answer y'^ neglects thereof att their
perill.

Willing and commanding also in his Maj"'^^ behalf, all his
Maj"'-'* loving subjects to pay a just deference, yield a dutiful
obedience & to be aiding, helping and assisting at y*^ com-
mand'"' of the said officers and ministers in y'^ performance
[p. 335.] & execution of their respective offices, places and
employm'^ ; as they and every of them tend'' his Maj"*^^ ut-
most displeasure & will answer the neglect of their duty
therein at y"" perill.

Given at the Council Chamber in Portsmo, upon Monday,
y" thirty-first of Jan^' 1714-5, in y*' first year of the reign
of our Soveraign Lord George, by y^ Grace of God, of
Great Britain, France and Ireland, King, Defend"" of }'''
Faith, &c.
By order of y® Gov'' J. Dudley.

&, Councill,

Ch : Story, Sec^

God Save the Kins:.

1715.] REC0RD3 OF COUNCIL. 669

rruviiico of New Hampshire.

At a Council held at Portsin", y" -1"'

Febr^ 1714-5.

Pres'.

His Hon'' John Usher, Esq. Lt. Gov^

Sara. Penhallow, \ ^ INfark Hunking, ) y

John Plaistecl, \ ^^^^- John Wentworth, ( '"'^^•

A petition p'sentcd to this board by y'' town of Hampton,
(as on file) was read ; on hearing of which, —

Ordered, That the Selectmen of Hampton and Exeter be
notified to appear on Monday next, at 10 o'clock, before
this board, in ord"" to have a further hearing of s*^ Petition,
tfe y' a copy of y" Petition be sent to Exeter Selectmen.

His Hon' y® Lt. Gov"" enquired of y® Council whether any-
thing had been done by y*" Assembly as a gratification to
him for his former service, as he had formerly proposed to
them in Aug* last.

They answered, the Committee had not mett since he
was here last.

[p. 336.] Province of New Hampshire.

At a Council held at Portsra" y' T"'
Feb^, 1714-5.
Present.
His Hon"" y® Lieutenant Gov^

Sam' Penh allow, )
Jno. Plaistcd, y Esqs.
Mark Hunking, )

A Petition p'ferred to this Board, by John Redman, sub-
scribed by Wm. Staniford, Edw*^ Tuck, &c, was read ;

Whereupon it was ordered —

That the several complaincrs apply y^selves to Capt.
Atkinson, who was command'^ of y® Fort, y'' several years,
wherein they say they are wronged, and settle y' accounts

670 PROVINCE OP NEW-HAMPSHIRE. [1715.

and make a report thereof to this board from Capt. Atkin-
son.

The Petition of Hampton was read at this Board, the
Selectmen of Hampton & Exeter both being p'sent.

Upon hearing both p'ties it was

Ordered, That y** lines between Hampton & Exeter be
seen and perambulated w^'^in fourteen days, & .y* each town
appoint a town meeting forthwith to choose a Committee
to run the said lines, and y* Capt. James Jeffrey be y®
survey'" to do y* service & make his return to this board, y®
towns paying his charge.

Col. Packer's Acct. dated in Jan^ last, 1714, an^ y® first
of Feb'' and 7^^ ditto, amounting to X4 : 13 : 11, is allowed
& ord^'ed to be p"^ in course.

Ordered, By the Councill, y* ten pounds be p'sented to y*
Lieut. Gov"^ for the service of this Journey, besides his
charges for a man to attend him, 30s.

[p. 337.] Province of New Hampshire.

At a Council held at Portsm" y^ 11^''
March,fl714-5.
Present.'

Will'° Vaughan, | ^ Sam^ Penhallow, ) y

Richard Waldron, ] ^^^i^* Mark Hunking, \ ^^^^•
John Wentworth, Esq.

Whereas Charles Story,* Esq., deceased, was late Secretary
of this Province, in whose hands y^ Books of records and
files of papers belonging to this Governm' lay ;

* For the following notice of Charles Story, Esq., the Editor is indebted to the late
Hon. S. D. Bell, of Slanchester.

Charle.s Story was appointed Judge of the Court of Admiralty for New Hampshire
in the fall of 169G. He sailed for Portsmouth lute in the same season, and arrived about
the middle of January, 17i(7. On the 19th of that month he presented his commission
to the President and Council, which was read, ajiproved, and ordered to be recorded.

I have been able to ascertain nothing of his early history, of the time or place of his
birth, of his parentage, education or employment. From his appointment one may
fairly infer that in some capacity he had been trained to the legal profession, probably
at Doctors' Commons, whence the Adnnralty otiicers had been most usually selected.
As the profits of his new otlice must have been small, he probably did not leave a very
lucrative position at home.

1715.] HECORDS OF COUNCIL. 671

Ordcrctl, That two (rent" of y" Councill, viz. Sara. Pen-
hallow and Mark llunking, Esqs. demand and receive of
y'' Exec" of said Story all snch books and papers belonging
to this Oovern' as above, and dcposite y" same in y" hands
of Maj. Wm. Vaughan, there to remain till further order.

Thoujjh tlio people of the Province were broken into parties, Mr. Story was pleas-
antly recoivei by the party in power, and Mr. Henry Penny, wlio hail been previously
Secretary of tlio Province, was renioveil from ottiee, and Mr. Story was appointed,
took tlie oaths, an<l tlie records and lile< of the Province were placed in his custody.

The Council again convened on the tirst of February, but .Mr. Story did not attend.
They ordered a boat to be sent to Newcastle fjr him immediately. He ajipcared the
next day, and the President reprimanded him for the neglect. Story answered " with
lofty indecent carriage towards the Council," and said ho had been cautioned against
acting in thuse offices. The Council enquireil by whom, but he declinod to answer,
and suspicions were entertained that he had been talked to by Lt. Governor Usl er,
who was in active hostility to the President and a majority of the Council. The Coun-
cil then demaiuled of him the books and papers wliich had been delivered to him, but
ho perenipt(u-ily refused to deliver them. Whereupon the Council ordered tlic Consta-
ble to take him into custody, and issued a warr.ant to the Sheriff ami ('apt. John
Pickering to take assistance an<l make search of houses, &c., for such books and
papers, and bring tliein to the President and Council. The SheritT in a short time
bniuglit the records and tiles. Mr. Story was brought in ami informed that " they had
obtained their books and jiapers, notwithstanding liis efforts to prevent it ; and since
ho liad so |)ereinptorily refused to serve the King, and so dismissed himself, the Presi-
dent and Ci)uncil dismissed him. As to hi.s office of Judge of the Admiralty within
this Province tlio (/ourt would do what was proper in countonancingand assisting him
in tlie exercise of that office, according to his commission." So Mr. Story was dis-
missed, and Mr. Penny re-appointed. — Ad. An. of Ports., 104.

Usher, it is said, sent Story to England with complaints to the Lords of trade against
the President .and Council, which would show that Story chose to connect himself with
Usher and the minority, rather than with the President and majority of the Council.
J I). 107.

Mr. Penny remained in the office of Secretary until February, lfi98, when he was super-
seded by Sampson Sheafe, who held the office till the accession and ciualilication of Gov-
ernor IJellomont in .July, 1099, when Mr. Story was appointed Secretary, in the place of
Sheafe. lie held the otHce of Secret iry till 1704, when the place was given to .Samuel
Penh.illow. who was in office one year under Governor U.slier. Mr. Story then re-
sumed the office, and continued in it till the appointment of Richard Waldron as Clerk
of the Council, by Governor Vaughan, in 1715.

In 1000 Mr. Story was appointed Register of Prob.ate, and appears to have continued
in the office till his death, tlie last date of Iiis record being Dec. 11, 1714. tic signs his
probate records fill Oct. 19, 1703, as Secretary, and till the end of 1705 Secretary and
Register, and af'ter that, Register.

Little is known of his ability and capacity as Judge of the Court of Admiralty, and
thq lenirth of time he remained in that office is rendered uncertain by the statements
in the .rudicial History of Massachusetts, that the Jurisdiction of the .Judges of the
Ailmiralty fir the Northern Iiistrict of New England included Maine and New Hamp-
Bhire, as well as Man.sacliusetts.

In 1712 Mr. St«ry was Attorney-General of the Province, and ho was engaged as
Council in many of the most important lawsuits, sometimes with Capt. Pickering,
sometimes a.<ai list him. Ja.'vis Ring, John JMeinxies and Jolm Viilentine, were often
engagi-d <in tlie other side. Meinzies became Jmlge of the Admiralty in 1715.

In Sc|>tenilier, 1709, Mr. Story took a lease from Vaugli.an and others. Committee of
the town, of one of the Glebe Lots, but did not comply with the conditions, and it was
leased to another person. — Br. liambles. 40, 41, 42.

Mr. Story's residence was at New Castle. Jle seems to h.avo dealt little in real
estate, tew deeds to which he w;is party being found on record.

His will is found on the files of the Registry Office, dated March 4, 1714-15, in which
he says he is sick and weak in body; gives to his wife Susanna all his estate, real and
personal, exci'pt a few shillings each to four kinsmen and kinswonii'ii, named Foster,
and to Barbara Booth. His will was proved March 17, 1715-16. Nothing further ia
found relating to his esUite.

672 PROVINCE OP NEW-HAMPSHIRE. [1715.

Province of New Hampshire.

At a Council held at Portsm" y'' 28"' March,

1715.

Present.

William Vaughan, ) ^ John Plaisted, | -p

Sam. Penhallow, ) ^ ' Mark Hunking, j ^

Pursuant to his Excellency's direction of y^ 22*^ curr* the
Council ordered that his Maj'""^ Proclamation for y*^ continu-
ance of all offices civill and military, shall be made Pub-
lick by beat of Drum ; w'^'' was accordingly done as usually
in like cases of his Maj*^*"^ Commands, w"' y^ attendance of
two foot companies.

[p. 338.]

At a Council held at Portsmouth, April
26^1715.

Present.
His Excellency, Joseph Dudley, Esq., Gov^
Richard Waldron, ) -n, Jno. Plaisted, ) ^

Sam' Penhallow, ) ^ ' Mark Hunking,
The Petition of Natt. Lang was read, as follows :
To his Excellency, Joseph Dudley, Esq. Gov'" c%c. & y'' Hon-
orable, y** Council, now sitting, the Petition of Natt.
Lang :

Humbly sheweth,
That yo*" Petitioner, being one of y'' Constables of Ports-
m" in the year 1714, had a list of rates committed to him
to collect for y® Prov. use, by virtue of w^'^ & a legal
warrant to him directed by y® selectmen and assessors, he
did apprehend and bring before two Justices of the Peace
sundry p'sons named in that list, to y'' number of thirteen,
who refused to pay their rates or show yo'" petitioner any
estate to distrain upon ; w^'' Justices refused to take any
cognizance at all of the matter ; each man going away as
he pleased ; since which the Treasurer has caused an exe-
cution to be levyed on your petitioner's estate to satisfy

17 IT).] RECORDS OF COUNCIL. G73

that rate, notwithstanding w'^'' those thirteen delinquents
do still refuse to pay their assess™'*, threatening to prose-
cute yo'' petitioner, if he does hereafter meddle with p'sons
or estates : therefore yo'' petitioner humbly prays yo' Excel-
loucv and Hon"* to make such an ord"" as shall strengthen
him in y'' collecting of the rate & be justified therein.
Yo"" Petitioner subscribes,
Yo"" Excellency's & Hon""* Most humble Servant,

Natt. Lang.

Upon reading y" above Petition, it was Ordered, that the
Petitioner proceed vigorously to collect the rates from all
p'sons named in the Lists committed to him for y" town
& province [p. 339.] use, especially from y'' thirteen men
complained of ; that he take their estates by distress if they
refuse to pay, & if no estate appear wh'^on to distrain, then
to apprehend the p'sons and carry them before a Justice of
the Peace, who shall send them to Goal, upon such refusal ;
& y® sheriff shall assist him w"' y" power of y° County, in
case any open or generall resistance be made.

So far gone to England.

Province of New Hampshire.

At a Council held at Portsmouth, July
28*, 1715.
Present.
Rich'' Waldron, ) ^^ John Plaisted,

Sam' Penhallow, j ^ ^' ' ]\Iark Hunking, ] ^' '
John Wentworth, Esq.
Tho : AUin, Tho : Ball, Wni. Phillips, Rich'' Gitto, John
Ball, Sam. Jordan, Win, Brown, Robert Long, & John
Amee, were sent for to tliis board, and being examined
upon oath, relating to Phillip Gould's demeanour of him-
self while he w"^ them were captives w"' the Ind"* at Cape
Sable, informed as follows, (viz.) that they verily believed
y' y* said Phillip Gould was strongly fixed in y" English

674 PROVINCE OF Nr':W -HAMPSHIRE. [1715.

interest, and altogether declined the French ; that he dis-
tinguished himself by his very p'ticular kindness to them
while ^^ [they] were prisoners w"' the Ind"^ at Cape Sable,
& that he strongly urged a rising ag^' y^ enemy, and offered
to kill y^ Capt. of the Ind°' w"' his own hand ; & that y"
agreem' between y® English & Indians for ransoming y®
vessels taken, was abund"'' facilitated by his means ;
further, that he discovered a g^ concerm* for Capt. South-
ack's danger, & very carefuU to inform him tliereof.

Sam : Jordan, Rob' Long, & Jno. Ball further testifyed,
y* they saw an Ind° cock & p'sent a gun at s^ Gould, offer-
ing to shoot him, telling him he was a rogue, and engaged
in y® English interest.

The Council being informed that Westcoat, lately taken
in a fishing boat at Cape Sable, was arrived at New Castle,
immediately sent an express to summon s'' Westcoat to
this Board, who was much indisposed, so could not
attend ; but sent up his man, who arrived in y® vessell
w"' him, (viz.) Thomas Bramble, who being come to this
Board & examined, informed as follows, (viz.) That during
their captivity with y*^ Ind"'' at Cape Sable, they had gener-
ally easy treatment; & that according to the best of his
understanding, Mons'' Lavadore had sent a messing^ from
Mallagash to Menis to acquaint y'" French there w"^ w* the
Ind"^ had done upon our fishery ; who immediately
y''upon sent one Capt. Walker, an Ind°, to enquire into this
affair ; by whose influence it was y' "' were set at liberty j
he telling them y* if y^ Gov"^ of Boston said there was a
good peace, they should make restitution to all suffering
any damage by them. He further informed, that the num''
of men set at liberty was eleven ; of vessels, six ; w*^^ all
sett sail together ; two wh^'of had but one man on board,
each ; & lastly that they had been fifteen days on their pas-
sage home.

171').] RECORDS OF COUNCIL. 675

Province of New Hampshire.

At a Council held at New Castle, Sept.

6, ITlf).

Present.

The Hon"'' John Usher, Esq. Lt. Gov^

Robert Eliot, ) ^ Sam' Penhallow, ) -^

Rich'' Waldron, \ ^^"1*^' John Wentworth, \ ^^^^•

His Hon"" the Lt. Gov"" made a speech to this Board w'^''
was read, as followeth :

Gent".

Having ordered Gen' Assembly to convene at Portsm°
8"' instant, being next Thursday :

Find fort greatly out of repair ; desire four p'sons nomi-
nated & appointed to take a view & survey thereof, &
make report true condition s'' fort, & w* prop : forthwith to
be done, for to be laid before Assembly ; that same be in
fitt posture reception Gov"' Ihirgcss.

Present a complaint against John Leavitt, Hampton, for
great contempt ; desire that directions be given the Court
Q"" Sessions for Peace, to proceed therein, that due witness
[p. 341.] born ag"' such actions.

If you have any thing of moment for service Govern'
to offer, readily shall receive.

As to State civil and military Province shall enquire
fully into, take due care thereof before leaving Province.

John Usher.

Ordered, That Mark Hunking & John Wentworth, Esqs.
together w"' Jos. Smith and Theo. Atkinson be a Committee
to view his Maj"'' fort Wm. & Mary, at New Castle, and
make report of the state & condition of s'' Fort, to y'' Gen'
Assembly at their next session, w'''*_ will be on Thursday
ensuing, being y" 8"^ instant.

His Hon"" the Lieut. Gov"^ communicated a complaint to
this Board ag**' Jno. Leavitt of Hampton, to be p'ferred at
the Court of Qr. Sessions of the Peace ag''' him the s''
Leavitt, for misleading his n(jn'' in his journey from Hamp-
ton to N. Castle, & disrespcctfid treatment on s'' journey ;

676 PROVINCE OF NEW-HAMPSHIRE. [1715.

& 'tis appointed that Rich'' Waldron, Jim. be King's Attor-
ney, to prosecute s** Leavitt.

His Hon^ the Lt. Gov'' read a minute of his Instructions
at this board, respecting y" Treasurer's accounts, &c. & then
notified Mr. Treasurer Penhallow y* he expected to have his
accounts to send for England before he left the Province.

Province of New Hampshire.

At a Council held at Portsmouth
Sept. 15*^ 1715.
Present.
His Honour the Lt. Governour.

Nath' Wear, ) Mark Hunking, ^

Rich'' Waldron, V Esqs. Jno. Plaisted, > Esqs.
Sam' Penhallow, ) John Wentworth, )

The Lt. Gov"" enquired of Mr. Treasurer Penhallow,
whether he had received the account of the lumb'' Duty.
He answered, he had not, but he daily expected y*' officer
would bring it in.

The Lt. Gov'' told Mr. Treasurer Penhallow y' he had
p'rused his Ace* of stores, & found it imperfect, and further,
y* he excepted p'ticularly ag*' y^ barr' powd'' spent at Pro-
claiming y® Peace. Mr. Treasurer Penhallow answered
'twas spent by advice of y*" Council.

The Lt. Gov'' desired to know of Mr. Treasurer Penhal-
low, whether y' <£1000 voted by y® General Assembly to
be burnt in June last, was burnt ; he answered y'^ whole
sum was not, & y* y*' difficulty of exchange of bills was the
reason.

[p. 842.] The Lt. Gov"" recommended to this Board y®
consideration of his g' expense & charge in the service of
this govern* w*''out any gratuity therefor.

Voted, That his Honor the Lt. Gov" should have ten
pounds paid him out of the treasury, & that a warrant be
issued out accordingly.

1715.] RECORDS OF COUNCIL. 677

His Honor the Lt. Gov' told this Board if they liad any-
thing to ofTer for the King's service, he wonld attend it ; if
not he wonld take his leave of them. They answered they
had nothing to ofifer.

John Usher.

Province of New Hampshire.

Att a Conncil held at y" Council Cham-
ber, in Portsm", Oct. 12">, 1715.
Present.
Robert Eliot, ^ John Plaisted, ^

Nath^ Wear, > Esqs. Mark Hunking, > Esqs.

Rich'^ Waldron, ) John Wentworth, )

His Excellency Elizeus Burgess, Esq., his letter to the
Presid' & Council of the Prov. of N. Hampshire, pr Geo.
Vaughan, Esq., was read at this Board, as followeth :

London, July y« 28"\ 1715.

Gent" : The King has been pleased to appoint me his
Gov"^ of the Province of N. Hampshire and Massachusetts
Bay in New England, and I intend, God willing, to sett out
from hence some time next month, in ord'' to be w"' you
before this season is over. I would have given you earlier
notice of this if I had not waited for an opportunity of
writing by ColP Vaughan, who, I am told has so near a re-
lation to many of you, that I dare say you will not be dis-
pleased 1 liave had credit enough to procure him a Com-
mission to be Lieut. Gov"" of your Province. I wish I could
do any thing more for your service here ; but w" I have the
pleasure to meet you in America, you yourselves will see
how much I have yo"" interest at heart, & that I desire
nothing more earnestly than yo"" good opinion ; & the good
of the people I have preferred to my best friends, and w**"
whom I hope to live and die. I am

Gent™ yor most obedient & most humble servant,

Eliseus Burgess.

To the Ilon^'''^ the Pres^ & Council

of y" Prov. of New Hampshire

in N. England, in America.

« 678 PROVINCE OF NEW-HAMPSHIRE. [1715.

Upon reading y® foregoing letter, Mr. Sherriff Phipps
was sent from y*^ Councill to Geo. Vaughan, Esq. to pray
liis Comp^ at the Council Board, who accordingly came,
where the Gen*"' of the Council informed him that they
understood by his Excellency Col° Burgess' letter, that he
had obtained a Commission for y*^ Lieutenancy of this
Province, he answered he had, w*^'' he p'sented to y'' Board,
& then, taking his leave, departed. The s*^ Commission
being twice read at y^ Board, it was

Voted, That y® s'' Commission should be published on y^
next day, (viz.) on y® 13"' inst., at 10 o'clock forenoon. It
was also

Voted, That Col" Waldron ord"" two foot Comp'"^ of y«
militia at Portsmouth, (viz.) Capt. Phipp's & Capt. Pierce's
companies, to attend y'' publication of s^ Commission at y®
time afore^'' ; & that y® Clerk send an ord' to y*" Capt. of
his Maj'ties fort at New Castle, [p. 344.] to fire eleven
great guns at y® Castle to-morrow, w'^'^ will be y*^ 13*^ inst.
ten minutes after they shall hear the first volley of small
arms from Portsm°.

Adjourned to Thursday ensuing, 10 o'clock, ante meri-
dian.

Prov. of New Hampshire.

Met again according to adjournment — being the IS''' in-
stant.

Present.

Rob* Eliot, ) Sam' Penhallow, J

Nath' Wear, V Esqs. John Plaisted, > Esqs.

Rich*^ Waldron, ) Mark Hunking, )

Ordered, That Mr. Treasurer Penhallow deliver fifty
pounds of gun-powder to Capt. Phipps or his order, to
be distributed in proportion to the two foot companies of
militia now in arms, to be expended for y^ King's service ;
also three pounds mony for y° use of a^ Companies.

1715.] RECORDS OF COUNCIL. G79

This day the Gent" of the Council Accompanied by sun-
dry y° principall gentry of y'^ Prov. walked from y" Council
house to y*^ Market place in Portsm", where they mctt two
foot companies of militia in arms, together w"' a great
numb"" of other people, at w*^^ time <fe place, was puljlickly
read the Hon'-''" Geo. Vaughan, Esq. his Commission to be
Lieut. Gov"^ of the Prov. of N. Hamps'', w'^'' was followed
by three volleys of small arms & huzzas : & answered from
his Maj'ties Fort Wm. & Mary, by the discharge of eleven
cannon.

After this ccremoney was over, tiie Gent" of the Coun-
cil returned to y" Council [p. 345.] Chamber, from whence
they sent the Clerk to the Hon'''° Geo. Vaughan, Esq. to
inform him that the Council were then at the Council
Chamber awaiting his Hon''^ pleasure ; who immediately
thereupon came to y'' Cham'"', where his Hon"" took the
oaths appointed instead of y® oaths of allegiance & suprem-
acy, repeated the Declaration, and subscribed the same, &
then took his place at the board accordingly.

Ordered, That y*' Clerk write to his Excellency, Jos.
Dudley, Esq. & inform him of y'' arrival of y" hon"'"'' Geo.
Vaughan, Esq, w"' y*^ King's Commission for y'' Lieutenan-
cy of Ilamp*"^ & the publication of the same.

680 PROVINCE OF NEW-HAMPSHIRE. [1715.

Prov. of N. Hampshire.

At a Council held at y^ Council Cham'"'
in Portsmouth, S^', 27">, 1715.
Present.
The Honourable Geo. Yaughan*, Esq, L* GoT^
Sam^ Penhallow, \
John Plaisted, > Esqs.
Mark Hunking, )

His Hon'" the L* Gov'" told the gen*" of the Council, that
he was desirous of seeing all y® Council together, or as
many of them as could w"" convenience attend. The Gent"
answered, that in ord'' thereto 'twas proper to adjourn, & y'
y" Clerk give notice thereof to y*' severall memb"^ of Coun-
cil not p'sent, accordingly.

Adjourned to Saturday y^ 29*^ inst. 10 o'clock, A. M.

[p. 346.] Province of New Hampshire.

Att a Council held at Portsm**, by
adjournm*, Oct. 29*% 1715.
Present.
The Hon"'- Geo. Vauglian, Esq. L* Gov^

Nath' Wear, | -p, John Plaisted, ) p

Sam> Penhallow, \ ^^'^^- Mark Hunking, j ^^^l^'
John Wentworth, Esq.
The Hon''''' Gov. Yaughan, Esq., Lt. Gov"", &c., made a
speech to this Board, as followeth :

Gent" : As this is the first opportunity I have had to

* " George Vaughan, son of Mnjor William Vaughan (born April 13, 1676.) ha<l been
employed iu England as an agent for the Province, which brought him into notice
with many persons of influence about the Court. The acquaintance and connexion
his father had formed there, and the good opinion entertaineii of him by some high iu
rank and authority, were of essential service to the son. Upon their reconimendatiou
he was appointed Lieutenant-Governor of New Hampshire. As he was a native of the
Province and had the confidence of the people, this appointment was very agreeable to
them, and particularly to his father, who was now in the decline of life." A(f. Am.
Portsmouth, p. 132. It does not appear that Governor Burgess ever came to this
country, so that the Government was administered by Vaughan, until the arrival of
Governor Shute. — Ed.

1715.] RECORDS OF COUNCIL. 681

sitt ill this chair w"' you, in order to serve the publick, so I
do in the first pLace apply to you, who are the King's
Council, whom I have called together for yo"" advice it as-
sistance in all things that shall be for y'' hononr of the
Crown or the benefit or advantage of this his Maj""* I'rov-
ince, & I do assure you that my endeavors shall at no
time be wanting to promote or effect the same.

1"'°. I desiie tlnit you would consider the state of the
Province in general in ord'' to yo'' advice, how I may be ser-
viceable to it.

2''". I would be informed of the true state of y*" Treasury
& have a p'ticular ace' of those branches of it (viz.) the
Lumber, Powder mony, Import & Excise, as also w' stores
are in the Castle or belonging to it, as well to justifie my-
self as those that have gone before me.

S"*^. I recommend to yo'' consideration, the misera-
ble estate of his Maj'"" Castle w"'' is part tumbling and
part tumbled, that it may be repaired & taken care of in due
season : as also the deliciency of y'' goal & y'' unsuitable-
iiess of its situation, yvHyy the King's prisoners are assisted
by ill disposed p'sons in making their escape from Justice.

4'°. I find l)y the Council records, a vote of Council &
Assembly in April last, for burning £1000 Pro : bills, (it
being part of £1500, then in y'' treasury) [p. 347.] by the
10"' of June last past, of w*"" more is yet remaining un-
burnt, X134: 19: 0., as also a vote for a Committee to
take bonds of the p'sons that borrowed the XloOO out of
the treasury, w"'out mention of how much pr. cent, or in
w' time to be paid ; I would be informed why the above sum
is not burnt, & whether those bonds are taken, & if so,
where they are lodged.

Ult". I recommend to your consideration y' speedy care
be taken for an lion''''' rece])tion of his Excellency Col.
Burgess, our Gov'' w" he shall arrive in this province, w''''
pcrhaj)s may be before he sees Boston ; or in case that he
shall arrive there first, that suitable p'sons be nominated &
desired to wait on him to pay him y'' necessary complim'*
in behalf of the governin* of this Province.

I am yo' humble servant,
Geo. Vaughan.

After reading y^ foregoing speech his lion'' the Lt. Gov'
told the board that he expected an answer in writing to all
y'' p'ticulars he had proposed :

682 PROVINCE OP NEW-HAMPSHIRE. [1715.

Ordered, That y" Clerk give a copy of his hon''^ speech
to Mr. Treasurer Penhallow, w"' all convenient speed. Mr.
Treasurer Penhailow desired the advice of the Council a''^
y'^ reception of Col. Burgess in case he should arrive in this
Province before he doth in y'^ other Government : They
answer, Col. Packer's house is y'^ most suitable place for
his entertainment.

Ordered, That the Clerk write to Capt. Josh^ Winget
and desire his comp** at y'^ Council Cham'"' in Portsm° on
Wednesday ensuing at 4 o'clock, P. M.

Adjourned to Wednesday, y'' 2'' Noveni'"', 1715, 4 o'clock,
P. M.

[p. 348.] Prov. of N. Hampshire.

At a Council held at y*" Council
Chamber in Portsmouth, by ad-
journni'. 9^^ y^' 2^ 1715.
Present.
The Hon""^ Geo. Vaughan, Esq., Lt. Gov^
Nath' Wear, ) Mark Hunking, \ -^

Sam' Penhallow, > Esqs. John Wentworth, j ^
John Plaisted, )

Bis Hon"" the Lieut. Gov'' told the Council that he ex-
pected an answer to his speech made to them on Saturday
last, in Avriting, but seeing they had not offered any, he de-
sired them to answer to the following p'ticulars as he
should propose them.

l""". As to the state of the Province in generall: The
Council answer, There is a Justice wanting in y*' Inferiour
Court of Pleas.

2''°. As to y^' state of the treasury & the several branches
thereof: Mr. Treasurer Penhallow answered, that he has
an account of the lumber mony & excise mony, w'^*' he then
p'sented to his Hon'' together w*'' a memoriall of the
State of the Province. He further said, he would take

1715.] RECORDS OF COUNCIL. 683

care to serve his Hon'' with an account of the Impost
mony as soon as possible.

S""". As to the goal : 'Tis the oi)inion of the Council
that 'tis necessary that it be removed or rcjiaired fortliwith ;
but that nothing can be done in that matter w"'out an as-
sembly.

4^". As to the l)urningthe remaind"" of the £1000, voted
to be burnt by y'^ 10'" June last, Mr. Treasurer Penhallow
answered, that the money was ready, w''" he p'sented to y"
board ; w" it was counted over by Mark Hunking, Esq, &
Capt. Josh'' Winget ; but 'twas thought not convenient to be
burnt without an assembly.

6*". Whether bonds are given for the X1500 borrowed out
of the treasury ; & if so, where they are lodged : The
Council answer that some of themselves (who took of that
money) had given bonds therefor, which were lodged w"'
Rich"^ Gerrish, Esq.

[p. 349.] The Lieut. Gov"" desired to know, how those
bonds came to be lodged with him, & who had gotten his
bond : The Councill answer they do not know.

6'°. Lastly, The Lieut. Gov"" told the Council he had again
to recommend to their consideration an honourable recep-
tion of his Excellency, Col. Burgess, when he should ar-
rive, w'='', with y'' other considerations w'" he had ])roposed
to them, did sufficiently demonstrate the present occasion
of an Assembly's being called. The Council answer. That
they are of his Hon''* opinion in that matter, (viz.) That
there is absolute need of an Assembly at this juncture, &
tliey advised accordingly.

684 PROVINCE OF NEW-HAMPSHIRE. [1715,

Proy. N. Harnp'^^.

At a Council held at Portsm",
Nov 10'", 1715.

Present.
The Hon'''^' Geo. Vaughan, Esq., Lt. Gov^
Rob' Eliot, I Tji Sani^ Penhallow, ) -^

Rich^' Waldron, j ^^^^' Mark Hunking, j ^^^®-

Mr. Treasurer Penhallow informing this board, that his
Excellency Col. Dudley expects his half year's salary, ac-
cording to Act of assembly, due the first inst. ; The Coun-
cil are of opinion that it ought to be paid ; & desired the
Lieut. Gov"^ to sign a warr' to y® treasurer for y^ paym' of
the same.

Pro. N. Hamps''''.

At a Council held at Portsm° Nov-- 29'% 1715.
Present.
The Hon"'" Geo. Yaughan, Esq. Lieut. Gov^

Rob' Eliot, ) ^ Rich^ Waldron, ) ^

Sam' Penhallow, ) ^ ' Mark Hunking, j " ^ '
John Plaisted, Esq.

[p. 350.] Joseph Randoll p'ferred a Petition to this board
for a divorce from his wife Martha : after s'' Petition was read
& no evidence appearing in his favour, it was ordered, y' y"
s'' Petition should be withdrawn.

The Clerk made application to this board for a new book
to record y*^ minutes of Council and General Assembly in.
Whereupon, Mr. Treasurer Penhallow was desired to sup-
ply the Clerk with a book accordingly.

His Hon"^ the Lieut. Gov'' made the following motion to
this board : (viz.) That whereas there is no oiificer upon y"
spot commissioned by the King for surveying his Maj"'"
woods and marking such trees as are fit for his Maj'"'^ ser-
vice, it was necessary that there should be appointed

nif).] RECORDS OF COUNCIL. 685

propoi- ofiicers for that service, for y'^ preservation of the
Kiiiii's woods till liis Maj'-'^ pleasure shall l)e known in that
all air.

The Council answer, they are of his Hon'"'' opinion in
that matter ; & accordingly proposed Messrs. Benj" Went-
worth, jun. Phillip Chesley & Edw. Hall to be warranted
for y' service, they being employed in that business by the
late survey", Jno. Bridger, Esq. &c.

"Whereupon warrants & notifications were signed by his
Hon'' y^ Lieut. Governour, accordingly.

Ensign Francis Matthews made application to this board
for the sum of sixteen pounds, fifteen shillings & 8 d. due
to him upon a muster roll, and allowed pr. y° Committee
for auditing y^ Publick accounts of this Province, anno
1712, as appears pr. [p. 351.] y*" Council Records ; and Mr.
Treasurer Penhallow informing that the s*^ sum was not
paid ; w^'upon y^ Councill desired the Lt. Gov' to sign a warr*
for the paym' of the same, which was accordingly done.

His Hon'' the Lieut. Gov' proposed to y^ Councill, the
•writing a letter to y" Lt. Gov', Councill & Representatives
of his Maj"'^ Prov. of Mass^ now sitting in Gen' Assembly,
to inform them of the grievance y* this Governm* is under,
by reason of a late Act made in y* Prov. entitled an Act
granting unto his Maj'-'' several rates & duties of imi)ort &
tunnage of shipping: also, to propose them, y'^ appointing
a Committee of both Prov* to run y'' Partition line between
s"^ Provinces ; & so motions to them the appointing & send-
ing proper p'sons into y'' woods to acquaint themselves
with y'' Ind" settlements in s'' woods, and y® best ways y'
lead to them.

A letter. was wrote accordingly, a copy whereof on file
bearing date Xl/ 2*^, 1715.*

• This letter not to be found.

686 PROVINCE OF NEW-HAMPSHIRE. [1715.

Pro. N. Hamps'■^

At a Council held at y^ Council Chamber
in Portsm" Dec'' y« 6"', 1715.
Present.
The Hon"^'' Geo. Vaughan, Esq. Lt. Gov'".

Rich'' Waldron, ) ^ John Plaisted, ) ^

Sam^ Penhallow, \ ^^^^' Mark Hunking, \ ■*^^*1^-

This day a new commission of the Peace was read at this
board, bearing date Dec. 6* 1715, & the Hon^'<^ Rich'' Wal-
dron, Sam' Penhallow, John Plaisted & Mark Hunking,
Esqs. (being inserted in s'^ Commission) took y'' oaths ap-
pointed by Law, instead of y® oaths of allegiance & su-
premacy and subscribed y® Declaration ; they also took y^
oaths of Justices of the Peace for the Prov. afores''.
[p. 352.] Joseph Smith, Theo. Atkinson, Rich'' Gerrish,
Rich'' Hilton, Jolm Frost, & Nath' Wear, Esqrs. being also
inserted in s'' Commission, and being sent for, appeared at
the Council board, where were administered to them the
oaths appointed by law, instead of the oaths of allegiance
& supremacy ; also y*" oaths of Justices of the Peace for
this Province.

Pro. N. Hampsh'■^

At a Council held at y* Council Chamber
in Portsm*^ Dec. 8"' 1715.
Present.
The Hon'ble Geo. Vaughan, Esq. Lt. Gov^

Rich'' Waldron, ) ^ John Plaisted, } ^

Sam' Penhallow, \ ^^^^- Mark Hunking, \ ^'^^i^'

John Wentworth, Esq.
Theo. Atkinson, Esq. being sent for to this Board, came
accordingly, & then was read a new Commission for y®
Justices for y*^ Liferiour Court of Common Pleas ; and those

1"1'>] RECORDS OF COUNCIL. 687

commissioned for y' office (viz.) Rich'' Waldron, Jno.
Weutworth, & Theo. Atkinson, Esqs. then took y" oaths
appointed, instead of Allegiance & Snpremacy, repeated and
subscribed y" Declaration, & further took y" oath to the
true discharge of their office. John Wentworth, Esq. also
took y° oath of a Justice of Peace for this Province.

Pro. N. Ilamps'"''.

At a Council held at y^ Council Chamber
in Portsmouth, Dec 2P', 1715.

Present

Rich*^ Waldron, \ ^ John Plaisted, ) -p,

Sam' Penhallow, \ ^^^^' Mark Hunking, \ ^^^^^

John Wentworth, Esq.
James Davis, Nich. Gillman, tfe Sam' Thing, Esqrs. being
sent for to this board, came accordingly, where "were ad-
ministered to y'" the oaths appointed by Law to be taken,
instead of y° oaths of Allegiance and Supremacy, also y*"
oath of a Justice of Peace.

[p. 353.] Pro. N. Hamp^

At a Council held at Portsmo, y*" ll**"
Jan^ 1715-6.

Present.

The Hon"'« Geo. Vaughan, Esq. Lt. Gov^

Rol)t Eliot, ) Sam' Penhallow, )

Rich'' Waldron, \ Esqs. Mark Hunking, [ Esqs.
John Wentworth, ) Jno. Plaisted, )

Ordered, That a letter be wrote to his Excellency Col.
Burgess, in answer to his letter pr. Col. Vaughan.
Pr. order of Council,

R. Waldron, Cleric Conn.
A Petition p'ferred to this board by Capt. Jno. Pickerin

688 PROVINCE OF NEW-HAMPSHIRE. [1716.

being read a second time, y*" s*^ Pickerin made his apjDcar-
ance to prosecute y" same.

In Councill,
Ordered, that y® Clerk send a summons to y® town of
Portsm° to give their attendance at this board to morrow
at ten o'clock in the forenoon, to shew cause if any there
be, why ord" may not be given in favour of the Petitioners
belonging to Portsmouth afores*^ mostly residents on the
soutli side of y® mill dam.

Pr. order, R. Waldron, Cleric Con :

Tn Councill.
Ordered, That Quampscutt petition be allowed and that
a Patent be drawn accordingly.

Pr. order of y° Lt. Gov. & Council.

R. Waldron, Cleric Coun.

[p. 354.] Pro. N. Ilamp^^

At a Council held at Portsm" Jan. 14, 1715-6.
Present.
The Hon'"^ Geo. Vaughan, Esq. Lt. Gov^

Rob^ Eliot, ) Sam' Penhallow, )

Rich'^ Waldron, > Esqs. Jolin Plaisted, V Esqs.
Nath. Weare, ) Mark Hunking, )

John Wentworth, Esq.
Ordered, that y*" P'sonage land w*in Swampscutt Patent,
belonging to Exeter, & other land w"'in s'' Patent belonging
to y" minister of Exeter,* shall be exempt from taxes while
his land. Pr. order,

R. Waldron, CI. Coun.

In Councill.
Ordered, That y® Reverend Messrs. Nath' Rogers & Jno.
Emerson be y® two established ministers of the town of

• Rev. John Odlin was settled in Exeter, in 1706, and died 1754, aged 72.

1710.] RECORDS OF^ COUNCIL. 689

Portsm", and that tlicy be cacli paid one hundred pounds
pr annum out of y*" treasury of y'" town of Portsni", afore-
s'', according to the orders made by his Excellency Col.
Dudley, the Council and Assembly of this Province in May,
1714; and that the Selectmen of the town of Portsm"
afores'' for y*" time being, give out their warrants from year
to year to y" Constables, for collecting the same, and all
such as are inhabitants (rateable by law) of s'' town, in
proportion, except those that are of the Parish of Crecn-
land ; and further y' the P'sonage house on y*' south side of
y* mill dam be built at y'' publick charge of the town, ex-
cept as before excepted. Also y' as y*" N. meeting-houso
was built by a Publick tax, y'' old one be repaired, and both
maintained from time to time out of a joynt stock, and that
y* two petitions relating to this matter (viz.) y'' Petition
preferred by ('apt. Pickcrin and y*" petition p'fcrred by Mr.
Jaffrey, be dismist.

[Pr order of y" Lt. Gov. & Councill.

R. Waldron, Cleric Con.

[p. 355.] Pro. N. Hamp'^

At a Council held at the Council Chamber
in Portsm", Feb-^ y" third, 1715-6.
Present.
The Hon''''' Geo. Vaughan, Esq. Lt. Gov^

John Plaisted, \ y Mark Hunking, ) ^

Sam' Penhallow, j ''' ^' " John Wentworth, ) ' ^' '

Ordered, That y"^ members of y'" House of representa-
tives of this Prov. be severally notifyed to give their atten-
dance in Gen" Sessions at Portsm", on Monday next, at 10
o'clock, A. M. for y*" King's service, & that y*" Clerk write
letters to them accordingly & give a warrant to y" sheriiiC
for sending the same.

Pr order, R. Waldron, CI. Cou.

690 PROVINCE OF NEW-HAMPSHIRE. [1716.

In Coiincill.
Ordered, That upon application of y" sheriff setting forth
y® deficiency of y" goal, & j° return of an escape into the
same, the Clerk give a warr' to y" sheriff, to impress two
men each night to watch s'' goal for y*" better security of
the Escape therein, till y" sessions of the next Superiour
Court of Judicature, or further order.

R. Waldron, Cleric Con.

Pro. N. Hamp'^''.

At a Council held at y"" Council Chamb""
in Portsm% March 7"', 1715-6.
Present.

Rob* Eliot, I y John Plaisted, } ^

Sam' Penhallow, \ ^^^^' Jn. Wentworth, \ ^^^^•

. John Menzies, Esq. appeared before the Council & pre-
sented unto them his Patent from King George, constitut-
ing him Judge of the Admiralty w"'in this Prov : & others
^ch g(i Patent empow^'^y'' s*^ Menzies to depute, two or more,
as he sees meet under him. It is dated Aug. 26, 1715,
sealed w**^ y" seal of the Admiralty of Great Brittain, &
signed by Sam' Hill, Register.

Upon reading the Patent afores*^, y'' s*^ John Menzies,
Esq. had y^ oathes, instead of y'' oatlies of allegiance &
supremacy, administered unto him in Council.

[p. 366.] Prov. of N. Hamp'^

At a Councill held at the Councill Chamber
in Portsm°, March 14, 1715-6.
Present.
The Hon. Geo. Vaughan, Esq. Lt. Gov^

Rich'' Waldron, I y John Plaisted, ) p

Sam. Penhallow, \ ^ * Mark Hunking, | ^' '
John Wentworth, Esq.

1~1G.] RECORDS OF COUNCIL. 691

Mr. Smith appeared at this Board in behalf of sundry
Inhabitants of Swampscut & p'sented a petition (ag"' mak-
ing Swanipscut a town) as on file ; bearing date, Jan. 14"',
1715-6.*

Notwithstanding w'^'' petition <fe sundry other objections
w''*' have been made since y'' first motions ab* making s'^
Squampscut a town, it is

In Council

Ordered, That Squampscutt Patent land be a township
by the name of Stratham, & have full power to chose offi-
cers as other towns w"'in this Province, & that the bounds
of s^ town be according to the limits specified in a petition
p'ferred to this board by Mr. Andrew Wiggin, the 13**" day
of Jan-^' last, except some families lying near to Greenland,
(viz.) John Hill, Thos^ Letherby, Enoch Barker, & Michael
Hicks, w'''' s'' some families shall belong to the Parish of
Greenland : And that a meeting house be built on the
King's great road leading from Greenland to Exeter, w"'in half
a mile of the midway between y*' bounds y' are next Exeter
& the bounds that are next Greenland, as the road goes ;
and that the [y] be obliged to have a learned orthodox
minister to preach in said meeting-house w"'in one year
from y'' date hereof.

R. Waldron, Cleric Con.

In Council
Ordered, That Thursday next ensuing be kept a day
of Publick fasting & prayer throughout this Prov: <fe that
Proclamation be issued out accordingly.

R. Waldron, Cleric Con.

* Sec all the papers on flic relating to Town of Stratham, in subsequent volume
"Towns."

692 PROVINCE OF NLW-HAMP8HIRE. [1716.

[p. 357.] Prov. N. Hamp^**-

At a Councill held at Portsm", March
19'^ 1715-6.
Present.
The Hon'ble Geo. Vaughan, Esq. Lt. Gov^

Rich^ Waldron, ) ^ Jno. Plaisted, ) „

Sam' Penhallow, \ ^^^^- Jno. Wentworth, \ ^^^^^

His Hon"" the Lt. Gov'' laid before the board a letter w'^''
he had received (by an Express), from Col. Tailer, import-
ing y* there was a design among the Indians to make an
onsett on some part of New England, w*^*" advice he had
from Col. Huter of New York, by a letter from him, to-
gether w*^ report of the Conmiittee for y*" Indian affairs ; a
copy of w'^^ report & of Col. Hiiters letter to Col. Tailor, &
Col. Tailor's letter to Col. Vaughan are all on file, dated
March 19*^ 1715-6.

Upon reading y*^ letters and report above mentioned, re-
lating to the Ind"^, it was

In Councill

Ordered, That y"" commanding officer at Exeter be forth-
with sent for to appear at the Councill board, & y* Edw''
Hall be also notifyed to make his appearance in Councill
to morrow, 10 o'clock, A. M.: It is also ordered that Capt.
Davis be forthw^** sent for to advise us w* may be proper at
this juncture ; further 'tis ordered that copies of Col.
Hunter's & Col. Tailor's letters together w"' a copy of the
report of y*' Committee for Ind" affairs be immediately ex-
pressed away to Lt. Col. Pepperill in y*" Prov: of Main.

Adjourned to tomorrow, 10 o'clock A. M.

17 IC] RECORDS OF COUNCIL. 693

[p. 358.] Pro. N. Hainp™.

At a Council held at tlic Councill Chamber
in Portsm", March 20'" 1815-0.
Present.
The Hon*^"^ Geo. Vaughan, Esq. Lt. Gov^

Rich'' Waldron, ) ^ John Plaistcd, ) y

Sam' Penhallow, ) ^' * Mark llunking, ) ^

The Gent" officers that were sent for last night are now
p'sent in Councill. Mr. Tho. Davis was sent for to this
board, who appearing, it was proposed to him, y' he w*" two
more should scout in the woods under a pretence of hunt-
ing, to see what discovery might be made of the Ind°* &
their motions ; that they should be abroad eight days from
Thursday next, at which time they are to sett out on their
march, & that they shall each be allowed 4s per diem, for
their service, they finding their own provision. Mr. Davis
agreed to the proposals above.

Ordered, That another scout be employed and sent
into the woods from Exeter upon the same account & on
the same terms ; & the Council pray his Hon"^ the Lt. Gov^
to give ord^ accordingly.

R. Waldron, Cleric Con.

Prov. N. Harap^*.

At a Council held at Portsmo', June 3, 1716.

Present.

The Hon"'* Geo. Vaughan, Esq. Lt. Gov^

Sam' Penhallow, ) ^ Mark Hunking, ) ^

Jno. Plaisted, j ^'^^^' John Wentworth, \ ^'^'^^^

An Express from his Hon"" Lt. Gov' Tailor was this day
read at the board, together w"* the order of y'' house of
Mass* Representatives relating to the Ind"* at the Eastward ;
also a copy of the Lt. Gov' Tailor's order to Messrs. Watts
& Joyles, «fcc. as on file ; upon reading of w"^'' Mr. Sam'

694 PROVINCE OF NEW-HAMPSHIRE. , [1716.

Hinkes was sent for, who appearing at the board, was
agreed with to go & joyn w**" Messrs. Watts & Joyles as a
messenger from this Governing to act w'^'* y™, in behalf of
this Province in that affair, and that he have ten shilHngs
per diem [p. 359.] out of y" treasury ; he findhig himself
subsistance ; and that the s*^ Mr. Hinkes have an instruc-
tion thereab*, and that a letter be wrote from hence to
Messrs. Watts & Joyles to inform them accordingly.

Pro : N. Hamps'"''.

At a Councill held at the Councill Cham-
ber in Portsm", June 6"', 1716.
Present.
The Hon*'^'' George Yaughan, Esq. Lt. Gov^

Rob* Eliot, ) John Plaisted, ^

Rich'' Waldron, \ Esqs. Mark Hunking, { Esqs.
Sam' Penhallow, ) John Wentworth, )

This day sundry Ind"^ appearing at this board & being
interrogated as to some disorders committed by them, an-
swered as on file, dated June 6*, 1716.

Pro. N. Hamp'^

At a Council held at Portsm" July 28, 1716.

Present.

The Hon"'^ George Vaughan, Esq., Lt. Gov"-.

Nath' Wear, ) John Plaisted, \

Rich'' Waldron, > Esqs. Mark Hunking, > Esqs.
Sam' Penhallow, ) John Wentworth, )

A Petition was p'ferred to this board by Jno. Hinks, Esq.
ab* settling his accounts w"' Mr. Treasurer Penhallow, &c.
which being read was ordered to be referred to the Com-
mittee of Auditts at their next sessions, which s'' Petition
is on file, bearing date, June 28*'', 1716.

1716.] RECORDS OF COUNCIL. C95

Pro. N. Hampsli'^

At a Council held at New Castle, Aug. 1, 1716.
Present.
The Hon. George Yaughan, Esq. Lt. Gov^
Rob' Eliot, ) Mark Ilunking, I ^

Rich^' Waldron, [ Esiis. Jno. Wentwortli, J ^'^^l'^-
Sam' Penhallow, )

A letter from his Hon'' y'' Lt. Gov'' of Mass-' to Lt. GoV
Vaughan, bearing date July 21, 1716, was read at this
board [p. 360.] relating to the sending Commissioners to
yc ind"^ at Nurridgwock to treat w"' them, <fcc. There was
also read at the Council board a copy of a fryar's letter
from Nurridgwock, translated into the English tongue,
bearing date, July 8"', 1716.

In Council

Ordered, That Capt. Moody be desired to act in behalf of
this Prov., in the affair of the Indians, as he doth in behalf
of the Massa' ; and the Councill desire the Lt. Gov"' to give
Instructions accordingly.

In Councill

Ordered, That Thursday, the sixteenth of this instant,
be observed a day of Publick Thanksgiving, <fec.

Prov : N. Hamp""".

At a Council held at Portsm", Oct. 17, 1716.
Present.
' The Hon''' Geo. Vaughan, Esq. Lt. Gov^
Rich** Waldron, \y , John Plaisted, |p,
Sam' Penhallow, j ^^ * Mark Hunking, \ ^^^'

John Wentwortli, Esq.
This day his Excellency Sam' Shute,* Esq. p'sented his

* Journey of Gov. Shute from Boston to Portsmouth, October, 1716.

[Coll. N. H. Hist. Soc. Vol. 4, pp. 249-251, copied from an ancient paper.]

" On Mmilav 1 1'^t, his Excellency our Governor proceeile;! on his journev to New
Hampshire, being atten le.l out of town by several ofhis Maijesty's Council (of Massa-
chusctrs) the slierirt' of the County, witli otlier j;tMitleuien and otlicers, and at (^ani-
bridgo was first received by several of his Miijesty's Justices, with the sheriff of the

696 PROVINCE OP NEW-HAMPSHIRE. [1716.

Letters Patents, under the great seal of Great Brittain, to
this board, appointing him Capt. Gen' &. Gov"^ in Chief of
his Maj"''^ Prov. of N. Hamps'' w°^ said letters Patent being
publickly read, his Excellency took the oaths appointed l)y
Law to be taken & then took his place at y*^ Board accord-
ingly.

In Council
Ordered, That the Clerk issue out a Proclamation for the
continuance of all officers till further order.

Pro. N. Hamp^

At a Councill held at Portsm°, Oct. 18, 1716.
Present.
His Excellency Samuel Shute, Esq. Gov^
His Hon"" Geo. Yaughan, Esq. Lt. GoY^
Sam' Penhallow, ) t;, John Wentworth, Esq.

Mark Hunking,

Esqs

[p. 361.] Ric'' Gerrish, Theo. Atkinson, Geo. Jaffrey,
Shad^ Walton, Rich'' Wibird, Thom^ Phipps & Thom^ West-

county of Middlesex, and a troop of horse of Col. Phip's Rcgiraent. At the College,
his Excellency was waited on by the President, Fellows ami students, into the hall,
and there saluted with an oration by Mr. Foxcrott, one of the Masters of Art of that
house. At Lewis's his Excellency was met by the several gentlemen of the Council
from Salem, and one of the sheriffs, and a troop of horse of Col. Brown's regiment; at
Salem, his Excellency was entertained at Col. Brown's, where as well the ministers
of that and the neighboring towns, as the Gentlemen and officers, civil and military,
congratulated his Excellency's safe arrival to his Government.

On Tuesday, the Governor was received on the road towards Wenham by Capt.
Heink's troop of horse, and at Wenham by the other sheriff of the county of Essex
and a troop of horse belonging to Col. Appleton's regiment. A Tuesday night, his
Excelleticy lodged at the Hon. the Lieut. Governor's, and the next morning was at-
tended by a troop of horse belonging to Col. Noyes' regiment, with the Gentlemen and
others from Newbury. At Salisbury, near the line between the two provinces, his
Excellency was met by the Honorable the Lieutenant Gjvernor of New Hampshire,
several of his M:yesty's Council, the sheriff, with a number of Gentlemen and others
of the Province of New Hampshire, being guarded by a troop of horse from Hampton,
and after that, mit by a troop of horse from Exeter, and at Hampton Town, four com-
panies of foot were drawn up upon the Common before Capt. Winget's, where the
Governor dined."

" /'ortsmoitth. New Hampshire, Wednesday, 17th October. This day, about 5 o'clock
P. M. his Excellency Saml. Slmte, Esi}. our Governor, arrived at this place, being
brought to town by the Hon'ble our Lieut. Governor, Council, a great number of our
gentlemen and officers, as well as some from the neighboring Province, and welcomed
by the discharge of cannon of our castle and the ships in tlie [harbor.] Our regiment
was under arms flanked with two troops of harse. His Excellency went directly up
to our Council House, and there published his commission, after which the regiment
discharged their volleys, and the people their huzzas, in token of their great and un-
fi'icned Joy upon this, so happy an occasion. His Excellency lodged at Mr. Pen-
hallow'B."

1716.] RECORDS OF COUNCIL. 607

brook, being summoned to this Board pr order of bis Ex-
cellency, appeared accordingly ; at wbicb time bis Excel-
lency informed them that tbcy were appointed to be tbo
King's Councill for tins Province. Tbom'* Pbipi)S, Esq.
desired to be excused ; tbc otbers accepted. AVbereupou
bis Excellency appointed tbeir meeting on Monday next, at
10 o'clock, to take tbe oaths, &c.

Adjourned to Monday next, 10 o'clock, A. M.

Pro : N. Hamp^

At a Councill held at Fortsm" by adjourn* 8br.
22", 1716.
His Excellency Sam* Shute, Esq. Gov^
The Hon"'*^ Geo. Vaughan, Esq. Lt. Gov^

Sam' Penhallow, ) -p^ John Wentworth, Esq.

Mark Hunking, j " ' *

Rich'' Gerrish, Theo. Attkinson, Geo. Jaffrey, Shad' Wal-
ton, Rich'^ Wybird, & Thos. Westbrook, Esq. appeared at
this Board in order to be sworn of y*' Councill. Col.
Smith desired to be excused. The others took the oaths,
&c. and then took their places at the board accordingly.
In Councill

Ordered, That the Clerk issue out a Proclamation for
proroguing the Gen' Assembly of tliis Province to Wednes-
day y' 2V' 9br, 1716.

Prov : N. Hamp^

At a Councill held at Portsm", 9br. 13'^ 1716.
Present.
The Hon'"' Geo. Vaughan, Esq., Lt. Gov^
Mark Bunking, ^ Shad'-'^ Walton, )

Jno. Wentworth, l^-p Rich'' Wibird, \ Esqs.

Geo. Jaffrey, f ^' * Thom. Westbrook, )

Theo. Atkinson, J

His Hon"^ the Lt. Gov' desired y" opinions [p. 362.] of

698 PROVINCE OF NEW-HAMPSHIRE. [Hlfi.

this board, whether, wlien Col. Shute is in Massa. himself is
not Command'' in Chief of N. Ham]/. Jno. Wentworth, &
Geo. Jaffrey, Esqs. desired to suspend their opinions in that
matter.

In Councill

Ordered, That the Clerk write his Excellency Gov"" Shute
& inform him of two actions entered, to be tryed before the
Gov"" and Councill by appeal, and that the trial be suspended
till y'' 2^ Tuesday in Jan^ &c.

Pro. N. Hamp'.

At a Council held at y'' Council Chamber
in Portsm", Novem. 26, 1716.
Present
The Hon'^'« Geo. Vaughan, Esq. Lt. Gov^
Sam' Penhallow, ) ^ Rich" Wibird, ) ^

Shad : Walton, j ^^^^' Thom^ Westbrook, \ ^^'l^'

The Clerk of the Council laid a letter before this Board,
signed by John Boydel, bearing date 9br. 23, w'^'' letter
being read, it was

In Councill

Ordered, that the Clerk write to his Excellency the Gov"",
and tell him that y'' Councill is of opinion, that any direc-
tions respecting the dissolution of an Assembly or calling
one is a matter that ought to be undo'' his Excellency's own
hand, and directed to his Hon'' y'' Lt. Gov"^ when there is
one on the spot.

In Councill,

Ordered, that Thursday the fifth of December next be
observed a day of Publick Thanksgiving throughout this
Province ; And that Proclamations be issued out accord-
ingly.

Rich" Waldron, Cler. Con.

1717.] RECORDS OF COUNCIL. 61l9

[p. 363.] Pro : N. llami)'.

At a Council held at Portsm" Jan. 11,
1716-7.

Present.

His Excellency Samuel Shute, Esq. Gov^

His Hon'' Geo. Yaughan, Esq. Lt. Gov"".

Sam' Pcnhallow, ^ Thco. Atkinson,^

Mark Hunking, [ ^ Geo. Jaffrey, 1 ^

Jno. Wentvvorth, f^'^^* Shad Walton, f ^''^^•
Rich'* Gerrish, J Riclr^ Wibird, J

Thom'' Westbrook, Es(i.
Mr. Francis Wainwright came to y^ Council board and
p'sented a Petition and information ag*" Mr. Sherrilf Phipps,
for neglecting his duty in the execution of his office, as on
file, Jan. 11"', 1716-7.

Prov. N. Hamp"".

At a Council held at Portsm% Jan. 11*", 1716-7.

Present as before, except Mr. Peuhallow.

This day severall Indians appeared at this Board, at w^''
time there was some talk past between the Govern'' and
them, as on file, Jan. 17"', 1716-7.

In Council

Ordered, That the Ind"^ that came to wait on his Ex-
cellency the Gov'', be p'sented each w"' a new blancket and
that y*" Treasurer bo desired to make provision accordingly.

James Jaffrey p'ferred a Petition to this board to become
a banckrupt, &c., w''*' petition was granted and the Commis-
sioners appointed for that business are Messrs. Gambling,
Fellows <fe Hughes.

Elisha Cook and Oliver Noyes, Esq., p'ferred a petition
or rather memorial & appeal to this board, from Rich''
Waldron, Esq., Judge of Probate, as this is the Supream
Probate of the Province.

In Council

In answer to the appeal and memorial of Elisha Cook

700 PROVINCE OP NEW-HAMPSHIRE. [1717.

and Oliver Noyes, Esq., ab' the takeing letters of adminis-
tration on y^ estate of S"" Charles Hobby,* deceased, we are
of opinion, that Rich'^ Waldron, Esq., Judge of Probate,
<fec., has done well to suspend the granting letters of ad-
ministration to y'' s'' Elisha Cook and Oliver Noyes, for the
prosecution.

[p. 364.] His Excellency the Gov"^ proposed Rich*^ Ger-
rish and Geo. Jaffrey, Esq., to supply the vacancy in y®
Superiour and Inferiour Court, w*'** was consented to in
Council.

In Council
Ordered, That the Clerk write to Col. Waldron, to sup-
ply the surveyors of the woods each w"' four men to attend
them, when they are going upon a survey for the King's
service.

R. Waldron, Cler. Con.

This day Sam^ Penhallow, Mark Hunking and Geo.
Jaffrey, Esqs., took the oaths of Justices of the Superiour
Court of Judicature for this Pro : & Rich*^ Waldron, Jno.
Wentworth, Theo. Atkinson, and Rich Gerrish, Esqs., the
Justices Oaths of y' Inferiour Court, &c.

Pro: N. Hamp^

At a Council held at the Council Chamber in Portsm",
Jan. 28, 1716-7.

Present.

His Excellency, Sam' Shute, Esq. Gov^
His Hon"" George Vaughan, Esq. Lt. Gov^

Mark Hunking, "^ Geo. Jaffrey, ^

Jno. Wentworth, 1^ p Shad. Walton, i^

Rich'' Gerrish, f^^'^^- Rich" Wibird, f^^"^^'

Theo. Atkinson, j Tho. Westbrook, j

Tiieo. Atkinson and Shad. Walton, Esqs., were appointed

» See Journal of Council and Assembly, Vol. III.

1717.] RECORDS OF COUNCIL. 701

to view the stores in the powd"" house ; who made return

that there was there fifty-eight barrels powd' & forty-six

guns.

In Council

Ordered, That Mr. Cambell, the post master, he paid
three pounds for his past service and respect to this gov-
ernm'.

In Council

Ordered, That the Clerk issue out a p'cept for calling an
Assembly to meet on Wednesday, y*' 17 April next.
In Council

Declared and protested ag** the house of representatives
answer in some paragraphs, w*^'' have no relation to the
Gov""^ speech, y*" s*^ answer bears date, Jan. 11, 1716-7 as on
record.*

[p. 365.] Prov. N. Hamp^

At a Council held at Portsm", May 1*', 1717.
Present.
The Hon"*^ Geo. Vaughan, Esq., Lt. Gov^
Geo. Jaifrey, j ^ Rich-i Wibird, Esq.

Shad. Walton,

In Council
Ordered, That the Clerk forthwith issue out & publish a
Proclamation in the Lt. Gov"^. name, to lay an Imbargoe
on all vessels outw"* bound, till further ord"', except such as
are bound on fishing voyages.

Rich'^ Waldron, Cler. Con.

Pro : N. Hamps''.

At a Council held at N. Castle, May 4, 1717.
Present
His Honour Geo. Vaughan, Esq., Lt. Gov'.
Theo. Atkinson, \
Shad. Walton, > Esqs.
Thorn* Westbrook, )

• See .Journal of Council and Asfwmbly.

702 PROVINCE OF NEW-HAMPSHIRE. [1717.

Mr. George "Walton p'ferred a Petition to this board to
become a banckrupt, who was admitted to take the oath of
a banckrupt, but the making out a Commission, &c., was
suspended for some time.

Pro : N. Hamp^

At a Council held at Portsm", May

10«S 1717.
Present.
His Excellency Sam' Shute, Esq., Gov^
His Hon"^ Geo. Vaughan, Esq., Lt. Gov^
Sam' Penhallow, "^ Theo. Atkinson,^

Mark Bunking, [^^ Geo. Jaffrey,^ [^

Jno. Wentworth, f^^^^" Shad. Walton, ( ^^^^^

Rich^' Gerrish, J Rich^' Wibird, J

Tho. Westbrook, Esq.
Rich'' Carr, master of y° Sloop Prud* Sarah, appeared at
this board & made information on Oath of a pirate sloop on
the coast, by w'^'' he had been taken, as on file, bearing
date, May 10, 1717.

[p. 366.] Pro. N. Hamps'".

At a Council held at the Council Cham-
ber in Ports : May 20, 1717.
Present — His Excellency, the Gov''.
His Hon'', the Lieut. Gov''.
Sam' Penhallow,^ Shad. Walton, \

Mark Hunking, [^ Rich^' Wibird, \ Esqs.

Theo. Atkinson, ( ^^^^' Tho. Westbrook, )
Geo. Jaffrey, J

His Hon' the Lt. Gov'' made the following Speech at the
Council board :

May it please your Excellency —

Your Excellency's last arrival was well pleasing to y'
whole Governm' ; your administration easy ; yo"" endeavors
to pacify & moderate all feuds and broils, and we all in
good temper.

1717.] RECORDS OF COUNCIL. 703

Mi\y it please your Excellency :

^ly indisposition by reason of a great cold increasing,
and my hal>itation remote, makes me solicitous of getting
home ; and heartily to wish yo'" Excellency a good journey
to yo' other Governm' ; but before I take ray leave, I think
it my duty frankly and plainly to inform your Excellency
that as his most excellent Majesty, our Sovereign Lord the
King, hath reposed much trust in my circumspection, &c.,
as Lt. Gov'' of this Prov: that I shall with all vigor and
readiness attend llis Maj"''- service in tliat capacity to the
utmost of my power ; and in ord"' hereto, I pray leave to
inform your Excellency and the Hon'''° the Council now
p'scnt, that summe occurrences for his Maj"'** immediate
service at this conjuncture of affairs, may unforeseen come
upon us — your Excellency having had sundry expresses of
))irates about us, w"'in a few days, and this very day — and
that however I think it absolutely my incumbent duty to do
my utmost service for the Hon"^ of the Crown and the ben-
elit of this His Maj"'''* Governm*, but as yet I have sus-
pended doing any thing but what was more than ordinarily
necessary, till yo'' Excellency's Commission was lodged
among us, a copy of which I have now seen ; and now find
when your Excellency is out of y'' Prov : of N. Hamp'' the
Lt. Gov'' governs by the King's Commission ; [p. 3G7.] and
when no Lt. Gov"" on the spot, the first Council'' named in
yo'' Instructions, as amply and AiUy, as if yo"" Excellency
was in the Province of N. Ham})'', and that by virtue of
your instructions, in ord'' to which I give it as my opinion,
they should l)e lodged in y*" Secretary's office for the bene-
fit of his Maj"*^^* Governm*.

May 20'", 1717. Geo. Vaughan.

Pro : N. Hamp^

At a Council held at Portsm",
May 29"', 1717.
Present.
The Hon*^'" Geo. Vaughan, Esq., Lt. Gov''.

Sam' Penhallow,^ Shad. Walton, )

Mark llunking, [ p Rich*' Wibird, [ Esqs.

Theo. Atkinson, j^^^qs. r^^^^^ Westbrook,
Geo. Jaffrey,

704 PROVINCE OF NEW-HAMPSHIRE. [1717.

His Hon'' the Lt. Gov'' made the following speech at the
Council Board :

Gen* : I am informed His Excellency Col. Shute va*
cated all offices civill and military, when in the Prov : of
N. Hamj/, and went out of it leaving none to execute pow"'
as Justices of the peace and military officers, capable so to
act.

My knowledge is by hear-say ; for he never advised me
nor with me in one or tiie other disannulling pow"" or giv-
ing any.

I am obliged to say, that it is strange that y" King's
Governm' should be destitute of pow'', especially when the
Gov""^ repeated opinion has been, that there is no pow"" but
what is vested in himself and those by him ordained, tho'
he be w%ut y'' limits of the Governm*.

I w'' have you know, the Hon"" of His Maj*'*^^ Commission
for Lt. Gov"" of N. Hamp''., and the reason of my requiring
your attendance at this time, is to ask yo'' advice for the
King's service.

I think it safe y* all civill officers should be commission-
ated by advice of Council ; I would therefore have you con-
sider amongst yourselves y® ;iecessary for the service of the
[p. 368.] Governm*.

I have examined the Clerk's minutes & find no such
thiug there sett down ; I have enquired of him & other
counciir% whose advice was never asked, & know nothing
of the affiiir. I have heard that a Commission of the
Peace was left. I have askt the Clerk if he inserted the
names therein pr the Gov'^ order : he answered, No :
Again, whether the Gov"" left the Com*" with him : He
answered. No ; but that the Gov"" told him there was a
Commission of the Peace left w"* Mr. Penhallow to be de-
livered to him again; when Mr. Penhallow give him that
Commission he answered not at all, but that it was given
him by Mr. Jaffrey, on Fryday last.

Gen* : I am sorry that I myself, and many of his Maj"*"*
Council should be ignorant of these matters, that we might
have given our advice for the King's and the Governm"*
best interest, as we are ready and sworn to do.

I am impowered by my own as well as by the Gov'"" Com-
mission to act when he is out of the Province ; and will
endeavour faithfully to execute the trust reposed in me,

1717.] RECORDS OF COUNCIL. 705

and expect to meet w*" no obstruction from any of the
Kinti;'s ministers in all reasonable and lawful matters.

The limitts of the Prov : is exprcst in Col. Sbute's Com-
mission, and wben be is not vv"'in tliem limitts, luit forty
miles distant, be must be out of said Prov:, and, con-
se([ucntly al)sent, & if so, uncapable of acting as Commander-
in-cbief till bis return into s'' Province, w'^'' are tbe plain
words of bis Commission. I expect your advice and opinion
to be given me in writing, and tberefore will direct tbe
clerk to wait on you witb a cojjy of w^ I bavc said. In fine,
Gent" : — tis demanded of you wbotber or no I am vested
w"* pow'' as Lt. Gov'' & Commander-in-Cbicf, bis Excel-
lency Col. Shute being at Boston.

May 29"* 1717. George Vaughan.

[p. 369.] Tbe aforesaid speech being read, tbe Lt. Gov''
witbdrew, & tben tbe spcecb was read a 2*^ time; after
whicb tbe clerk was askt pr y'' Council, wbetber be bad
waited on tbe Lt. Gov'' w"' tbe Commission of tbe Peace :
he answered, That as soon as be bad it in bis custody, be
informed tbe Lt. Gov'" of it, A: told him, that it was bis Ex-
cellency's direction to tbe Lt. Gov"" sent by tbe clerk of the
Council, to summon y'' Council to meet and swear tbe gent"'
inserted in s*^ Commission.
Adjourned to 4 o'clock, P. M.

Pro : N. Hamp^

Met according to adjournra*.
Present, — as before — except y® Lt. Gov'.
In answer to bis Honor, the Lt. Gov''*' speech, y'' Coun-
uncil say, That 'tis their opinion Tbat the Commission of
y'^ Peace left in the Prov: by bis Plxcellcncy Gov'' Sbute is
good, and that y'' Gent" inserted in s'' Commission ought to
be forthwith sworn; and further, tliaty" Commission was
filled up pr y° Gov'' by y'' advice & in y^ presence of a maj''
part of y'' Council, & and also that all y" officers, commis-
sioned by him should be forth w"' sworn, that arc not so
already.

706 PROVINCE OF NEW-HAMPSHIRE. [1717,

Pro. of N. Hanif/.

At a Council lield at Portsm", June
4^ 1717.
Present.
The Hon""' Geo. Yaughan, Esq. Lt. GoV.
Sara' Penhallow ) ^ Mark Hunking, ) -^

Jno. Wentworth, \ ^^^^' Geo. Jafifrey, \ ^^^^•

Thom* Westbrook, Esq.
The Commission of the Peace being read at the Council
board, Sam' Penhallow & John Wentworth, Esqs., took y*^
oaths appointed to be taken, instead of y*" oaths of allegi-
ance and supremacy, y'' abjuration oaths & the oath of a
Justice of y® Peace.

Rich'' Waldron, James Davis, Nich^ Gillman, Sam' Thing,
Sam' Easnian, Jotham Odiorne, Jno. Gillman and Andrew
Wiggin, being inserted in y*" Commission [p. 370.] of the
Peace, took the oaths, &c.

His Honor, the Lt. Gov'', was pleased to make the follow-
ing speech at this board :

Gent".

I understand an Express was sent to Boston : if the
King's service required it, why was it not made known to
me ? I expect no such thing be done for y*^ future, as any
will answer it at their perill.

I expect to be treated honorably and according to y*'
Commission I am intrusted with, & will allow of no pow'' to
dispense w"* orders and warr^* for any thing, but are im-
mediately wan-anted so to do from his Maj'-^' ; & none of the
Council is so, when the King's Gov"" or Lt. Gov"" is on the
spot: therefore, let it not be so again.

George Vaughan.

His Honor, the Lt. Gov"" told Mr. Treasurer Penhallow
that it was his direction to him that no money should be
paid out of y® treasury, but by warr* therefor, w'^'^ is agree-
able to the King's Commission.

Maj"" Peter Wear <fe Mr. Nath' Sargent appeared at y*"
Council board & took y'^ oaths as Justices ; they being
inserted in y® Commission of the Peace.

1"1".] RECORDS OF COUNCIL. 707

Natli' Wear, Sliad. Walton, & The' Packer, Esqs. also took
tlie oaths as Justices, they being inserted in s'' Commission.

Prov: X. Ilamj/.

At a Council held at y" Council Cham-
ber in Portsm", July 15'^ 1717.
Present.
The Hon"« Geo. Vaughan, Esq. Lt. Gov^
Sam' Penhallow, ) j^ Coo. JaffVcy,

Jno. Wentworth, j ^'^^^^' Ricli-i Wibird, \ ^^'^^'

John Frost, Esq. command"" of the ship Bonetta Pinck,

[p. 371.] & Mr. Pasco Foot his mate, & James Philpot

boatswain, appeared at this board and made oath, as follows :

That in the latitude 36, bound from Barbadoes to Piscataqua,

they were taken by a pirate ship called the Le Grand ;

master, on the 4"' of this instant July, who took from them
& destroyed a''' forty hogsiieads of rum, a hogshead and
several barr'^ of sugar, a negro man, together w"* other
goods ; and very much damnafyed y'' ship sails and rigging :
wherefore the s** John Frost, saveing himself and own"*
doth, by these presents, protest ag^* y** s" Pirate for all
damages sustained thereby. The s*^ pirate ship had 170
men, 20 guns & was 250 tons.

The Information concerning s*^ pirate is on file, dated
July 15, 1717.

Pro : N. IIamp^

At a Council held at Portsm" July 17, 1717.
Present.
His Hon^ the Lt. Gov^

All the Council except Capt. Gerrish.
This day the Commission officers of the Militia of the
Prov : of N. Hamp'" being notifyed to appear, came to the
Council board & tliere received Commission in Gov' Shutc's
name S: took y'' oaths accordingly.

Col. Packer this day took y'' oaths as a Justice of y*
superiour Court oi' Judicature.

708 PROVINCE OF NEW-HAMPSHIRE. [1717.

Pro : N. Hamp^

At a Council Held at Portsm'' July 25, 1717.
Present.

Sam* Penhallow, ) -p John Wentworth, ) -p

Mark Hunking, \ ^'^^l^' Rich'' Wibird, \ ^^*^^-

Tliom^ Westbrook, Esq.
Sam' Penhallow, Esq. laid a letter from the Gov'' before
this board, dated July 22'', 1717, informing that his Excel-
lency was bound to the eastward, to visit the Ind"% and
that he would be glad that Mr. Penhallow and Capt. Went-
worth, and any other Gent" would accompany him from
hence, [p. 372.] which letter being read and considered, it
was resolved that the notices given being so short, y*^ Gent"
of the Council, had not opportunity to prepare for y'' voy-
age, as a Govern', there being no vessel in y" harbor fitt
for the service.

Pro : N. Hamp^

At a meeting of five of the Council at Mr. Field's, Aug*
3% 1717, viz.

Present.

Sam' Penhallow, ) Theo. Atkinson, | -p

Mark Hunking, [ Esqs. Rich" Wibird, j ^^^^•

Jno. Wentworth, )

Whereas, on June 25, 1717, there was a letter read at thc
Council board, bearing date, July 22*', 1717, from the
Gov'' to Mr. Penhallow, importing that it would be
agreeable to the GoV for Mr. Penhallow and Capt. Went-
worth, and any other Gent" of the Council, to accompany
him on a voyage to the eastward, to make a visit to the
Indians whither he was then going ; and, Whereas y*"
answer of y" Council thereto was, that y° notification
given was so short that y'' Council had no opportunity as
a Govern"'' to prepare for y'' voyage : But y** Council un-
derstanding afterwards y' the Gov* voyage would not be
so soon as they expected ;

I'l''-] RECORDS OF COUNCIL. 700

Voted, That as many CJcut" of tlio (council as see meet
to attend the Crov'' on s'' voyage, be suj)()orted at the eharge
of y'' Govenmi'.

R. Waldron, Cler. Con.

Aug«* 5'" 1717.
Sam' Pcnhallow and Mark Ilnnking, E.s(is. informed the
Ck>i-k of the Conncil that he not being to be found on Sat-
urday night last, to make a reeord of a vote of Council
wh''' was then past, that they were now come, in y'' name of
the Council, to let him know w" y*^ vote was, <fe to order an
entry thereof: it is as follows :

Voted, That the Clerk of y'' Council issue out a Proclama-
tion for y'" adjourn'"' of y'" Supcriour Court of Judicature,
to Tuesday, y" 27'" instant, for y*" reason that two of the
Justices of s'' Court were going to the Eastward, to wait on
his Excellency y'' Gov'", on a visit to y'' Ind"""*.

[p. 373.] Pro : N. Hamp^

At a Council held at the Council Chamber
in Portsm", Sept. 30'", 1717.

Present in Councill.
His Excellency Sam' Shute, Esq. Gov^
His Hon' Geo. Vaughan, Esq. Lt. Gov^

Mark Hunking,
Jno. Wentworth, .
Geo. Jaffrey, )

His Excellency the Gov"" informed this Board y' he had
received a complaint from Sam' Penhallow, Esq. ag*' the
Lt. Gov"" for his irregular proceedings ag*"' him in susj)end-
ing him from the Council w"'ont just cause ; then his Ex-
cellency read that part of his Instructions, w''' relates to

* Tliis Conference and Treaty with the Iiiilians will be found with other Indian
Treaties in Vol. Ill of Province Papers.— Ed.

rk Hunking, ) Shad. Walton, ) p

Jno. Wentworth, [ Esqs. Ricii" Wibird, j ^^^^'

710 PROVINCE OF NEW-HAMPSHIRE. [1717.

y® suspension of Councillors at the Council board, and
asked the Lt. GoV whether he had any instructions that
superceded his, or were contrary to them ; the Lt. Gov'' not
producing any, it was ordered that the minute of Council
ab* Mr. Penhallow's suspension should be read ; which
being done, the Gov'' asked the opinion of the Council,
whether the suspension was legal : They answered, it was
illegal. The Gov"^ asked the opinion of the Council,
whether (whereas he had ordered the Lt. Gov"" to prorogue
the Assembly & he had p'etended to dissolve it; & whether
since the Lt, Gov'' had acted illegally in y^ suspension of
Mr. Penhallow) it was not for the Hon"" of the Crown and
the safety of the Province that the Lt. Gov'' should be sus-
pended from sitting in Council till his Majesty should be
advised thereof, and his pleasure be further known. The
Council answered, yes ; & voted it, nemine contradicente.

Whereupon his Excellency the Gov"" pronounced him sus-
pended accordingly; and afterwards, Mr. Penhallow was
sent for and restored by the Gov"", and took his place at
the Council board accordingly.

[p. 374.] Pro : N. Hamp^

At a Council held at Hampton, 8br. 14''^
1717.

Present in Councill.
His Excellency Sam^ Shute, Esq. Gov"".
Sam' Penhallow, \ Theo. Atkinson, \

Mark Hunking, \ Esqs. Shad. Walton, S Esqs.
John Wentworth, ) Pich'^ Wibird, )

This day Maj'' Peter Wear, Esq. appeared at this board and
p'sented a pp [petition] to his Excellency y" Gov"", signed
by himself, wherein he acknowledges himself to have dond
amiss, — referring to the last session of the Gen' Assera-
Ijly^ — and asked pardon for his so doing : whereupon the
Gov'' pronounced him restored to his Major-ship, and with

1717.] RECORDS OF COUNCIL. 711

the advice of the Council, to his Justice's place, and or-
dered that his bonds of good behaviour, &c. be delivered
lip unto him.

Rich'' Waldron, Cler. Coun.

Pro : N. Hamp^

At a Council held at the Council Chamber
in Portsm", Xbr.7"\ 1717.
Present in Councill.
The Hon^** George Vaughan, Esq. Lt. Gov'.

Sam' Penhallow, ^ Geo. Jaffrey, ^

Mark Hunking, I ^ Shad. Walton, i ^

Jno. Weutworth, f ^'^'- Rich'' Wibird, f*^^'^''

Theo. Atkinson, j Thom^ Westbrook,J

John Wentworth, Esq. p'sented a Commission to this
Board from his Majesty King George, constituting him the
said Wentworth, Lt. Gov"" of this Province ; w"^" being read,
the same was ordered forthwith to be published at the
Market place : It was also ordered, that eleven guns be
fired at the Castle, at the publishing s'' Commission, & that
25 pounds gunpowder be distributed among the foot com-
panies in arms, and that two poimds mony be paid out of
the treasury to the military officers and [p. 375.] souldicrs ;
and that the treasurer support the charge of the Council
and Gent" attending y" ceremony.

The said Commission was published as aforesaid : after
which the Hon'ble John Wentworth, Esq. took the oaths
instead of the oaths of allegiance and supremacy, the ahju-
ration oath and an oath faithfully to execute the office of
Lt. Gov"- of N. Hamp'", and then took his place at the Board
accordingly.

712 PROVINCE OF NEW-HAMPSHIRE. [1717.

Commission of John Wentivorth
as Lieutenant Governor of N'ew Hampshire.

[From a copy in Secretary's Office.]

GEORGE R.

George, by the Grace of God, King of Great Britain,
France and Ireland, Defender of the Faith, &c.

To our Trusty and Well-beloved John Wentworth, Esq.
Greeting: Whereas, by our Commission, under our Great
Seal of Great Britain, bearing date Fifteenth day of June,
1716, We have constituted ajid appointed Samuel Shute,
Esq. our Captain General and Governor in Chief in and
over our Province of New Hampshire, in New England, in
America ; and we reposing especial Trust and Confidence
in your Loyalty, Courage and Circumspection, do, by these
presents, constitute and appoint you, the said John Went-
worth, to be our Lieutenant Governor, to hold, exercise and
enjoy the said Place and office for and during our Pleasure,
with all Rights, Privileges, Profits, Perquisites and Ad-
vantages, to the same belonging or appertaining : And
further, in case of the Death or absence of the said Sam-
uel Shute, We do hereby authorize and empower you to
execute and perform all and singular the Powers and Di-
rections contained in our said Commission to the said
Samuel Shute, and such Instructions as are already or
hereafter shall, from time to time, be sent unto him ; so
nevertheless, that you observe and follow such orders and
Directions as you shall receive from Us, and from the said
Samuel Shute, or any Chief Governor of our said Province
of New Hampshire, for the time being. And all and sin-
gular our officers and ministers and loving subjects of our
said Province, and others whom it may concern, are here-
by commanded to take due Notice hereof, and to give their
ready obedience accordingly.

Given at our Court at Hampton Court, the 12"' day of
September, 1717, in the Fourth year of our Reign.
By his Majesty's Command,

J. Addison.

John Wentworth, Esq.

Lieutenant Governor of New Hampshire
in America.

1717.] RECORDS OF COUNCIL. 713

[p. 375.] Pro. N. Hamp^

At a Councill held at the Council Cham-
ber in Portsm", Xhr, 9"', 1717.
Present in Councill.
The Hon'^'^ Jn" Wentworth, Esq., Lt. Gov^
Sam' Pcnhallow, j Geo. Jaffrcj, ^

Mark Hunking, > Esqs. 8had. Walton, > Esqs.

Theo. Atkinson, ) Rich'' Wibird, )

AVhereas there is no King's Attorney in this Province,
and there being a p'son in goal upon sus})icion of mur-
ther :

Voted, That Mr. Auchmooty have a fee of forty shilings
paid out of the Treasury to draw an Indictment ag"- s**
prisoner. R. Waldron, Clcrc. Conn.

Ordered, That a day of Publick Thanksgiving be ol)-
gerved throughout this Province, on Wednesday, the 25"'
inst., and that the clerk issue out Proclamation accordingly.

Rich'' W^aldron, Clcr. Conn.

Ordered, That there be paid to Col. William Wanton out
of the treasury fifteen pounds for y'' service of his Sloop
Ann, improved for the benefit of this Province in p'suit of
the Pirate, &c. Rich'' Waldron, Clerc. Coun.

This day Shad* W^alton and James Davis, Esqs., (being
inserted in the Commission of the Infcriour Court of Com-
mon Pleas) took the oaths, etc.

Theo. Atkinson, Esq., this day took the oaths as Just :
Peace w"'in this Province.

714 PROVINCE OF NEW-HAMPSHIRE. [1717.

[p. 376.] Pro. N. Hami/.

At a Council held at the Council Cham-
ber in Portsm°, December 31*', 1717.
Present in Councill,
The Hon^"^ Jno. Wentworth, Esq., Lt. Gov^
Sara' Penhallow, ) p Geo. Jaffrey, ) -p,

Mark Bunking, \ ^^^^- Shad. Walton, \ ^^^1^'

Maj"" Peter Wear w"^ others in behalf of the Falls part
of Hampton, appeared at this Board & presented a Petition,
therein exhibiting a Complaint ag^' the selectmen of s,^
Harapt" for assessing the Falls part of the town to a school
master, contrary to ord"" of Gen' Assembly, as on file.

Capt. Wingate appeared also in behalf of the selectmen
of s"^ Hampton, by virtue of a letter of attorney from
them, to justify their act &c.. as on file, also, Both p'ties
being heard, it was

In Councill

Ordered, That, whereas it did appear upon hearing the
matter, that the Falls part of Hampton was a distinct Par-
ish, that the Constable of the said Falls part of the Town,
do forthw"^ return all such monys or things as he hath
taken or destrained from any p'son to support the School-
master of the old Parish, and that he forbear to take any
more rates, from any p'son for that service ; and further
that y'' old Parish be^ assessed that proportion to the school-
master of the old Parish, w'^'* is taken off from the Falls
part, so as to comply w*'' their present schoolmaster.

Rich'' Waldron, Cler. Coun.

1718.] RECORDS OF COUNCIL. 715

[p. 377.] Pro : N. Ilami/.

At a Council held at the Council Chamber
in Portsm% Feb. 14, 1718.
Present in Councill,
The Hon'''^^ John Wcntworlh, Esq., Lt. Gov''.

Sam' Penhallow, ^ Geo. Jafifrey, ) ^

Mark Hunking, ^ Esqs. Rich, Wibird, ] ^

Theo. Atkinson, )

Several Indians from the Eastward appeared at this
board, w"' whom the board had a short Conference, as on
file.

Pro. N. Hamp^

At a Council held at New Castle, April 15, 1718.
Present in Councill,

Sara' Penhallow, ) Shad. Walton, ) -^

Theo. Atkinson, [ Esqs. Rich'' Wibird, j ^^^^^

Geo. Jatfrey, )

Whereas the Sloop Hawk, Rob' Almory, master, is this day
arrived from Barbadoes into the river of Piscataqua, and
whereas the s'' Almory hath in his passage been distem-
pered w"' the smal-pox, w''' is still green upon him, &
may probably spread amongst the Inhabitants of this
Province, in case the s'' master or any of his men be al-
lowed to go at large amongst his Majesties' good sub-
jects : for prevention whereof, it was

In Council
Ordered, That the s'' Robert Almory, master of the
Sloop Hawk afores'', do forthw"' remove the s'' slooj) from
y" place where she now lies to Jackson's Island, S: there
anchor her between that & Anthony's Island, &, that she
be not removed thence, till further ord'' of governm' ; &
that no goods be taken out of s'' Sloop of any sort whatso-
ever, and the s'' Almory shall not go on shore nor any of

716 PROVINCE OF NEW-HAMPSHIRE. [1718.

his men, save on y'' uninhabited Islands thereabout : and
further, That the s'' master & men shall not admit any
p'son to come on board s*^ Sloop or unto them, except such
as carry them provision pr ord'' of Government ; & that
each article before mentioned be strictly observed till fur-
ther order.

Rich'^ Waldron , Cler. Coun.

[p. 378.] Pro : N. Hamp^

At a Councill held at Portsm", April 16, 1718.
Present in Councill,

Sam' Penhallow, ^
Geo. Jaffrey, > Esqs.
Rich'i Wibird, )
Ordered, that the Clerk issue out a Proclamation to pro-
hibit all p'sons going on board the Sloop Hawk, <tc.

Rich'' Waldron. Cler. Coun.

Pro : N. Hamp'.

At a Council held at Portsm", April 17, 1718.
Present in Council, [as before.]
Ordered, Tliat Robert Almory, master of the Sloop
Hawk, forthwith remove himself and any such of his
Sloops company as are sick, to the house of John Part-
ridge on Partridge Island, w''' is appointed pr the Gov-
ernm^ as an hospital or pest house for reception of them ;
and that the cotton wool on board s'' Sloop may be re-
moved into s'' Partridges ware-house ; & further that the
rum on board s** Sloop may be delivered to the owners pro-
vided they receive it in the water.

Rich" Waldron, Cler. Con.

1718.] RECORDS OF COUNCIL. 717

Pro : N. Hamp^

At a Councill held at N. Castle, June y'' 9'", 1718.

Present in Councill,

His Hon'' John Wentworth, Esq., Lt. Gov^

Sam^ Penhallow, ) Geo. Jaffrey, ^

Mark Hunking, [ Esqs. ^had : Walton, [ Esqs.

Theo. Atkinson, ) Rich'^ Wihird, )

His Hon"" the Lt. Gov'' was pleased to communicate two
letters from Mr. Agent Dummer, bearing date March 10 tfe
IG, relating unto the Surveyors prohibition of felling trees,
&c.

[p. 379.] Whereupon Theo. Atkinson and George Jaffrey,
Esqs., were directed to draw answer thereunto. And, for-
asmuch as Paul Dudley and Jno. Valentine, Esqs., did im-
plead Jno. Kenniston in behalf of the King at the late
Superiour Court :

Ordered, That the Treasurer p'sent the s'' Paul Dudley
w"' the sum of twelve pounds, & the s'' John Valentine w""
eight pounds as an acknowledgment of their services
therein.

Pro : N. Hamp^

At a Councill held at the Council Cham-
ber, in Portsm", June 26, 1718.
Present in Councill,
His Hon'' John Wentworth, Esq., Lt. Gov^

Sam' Penhallow, ^ Geo. Jaffrey, )

IMark Hunking, > Esqs. Shad. Walton, \ Esqs.

Theo. Atkinson, ) Rich'' Wibird, )

His Hon"" the Lieut. Gov^ produced and laid before this
board a new Seal for the Prov : of X. Hamp'' w"' orders <fe
instructions from his JNIajcsty King George for using the
same, & for breaking the old seal in p'sence of the Coun-
cill ; w''' was accordingly broken into two pieces at the
same time.

718 PROVINCE OF NEW-HAMPSHIRE, [1718.

The Lt. Gov'^ also produced an additional Instruction w*
was read at this board in relation to shipping, &c.

Whereas there are sundry familys of credit and reputation
late arrived in this Government from Ireland, most of
them being farmers and disposed either to buy or rent
lands, if to be had on reasonable terms w*''in this Pro-
vince (1) :
Ordered, That publick notice be given throughout the

Province, thereof, that any p'sons inclined either to lett or

sell land may have an opportunity so to do.

Rich'^ Waldron, Cler. Coun.

Pro : N. Hamp^

At a Councill held at the Council Cham-
ber in Portsm" Aug^' 12, 1718.,
Present in Councill,
His Hon'' John Wentworth, Esq., Lt. Gov''.

Sam' Penhallow, ) ^ Geo. Jaffrey, | -p

Theo. Atkinson, ] ^'^*1^' Shad. Walton, ( ^^^^•

Mr. Hugh Adams p'sented a petition to this board ex-
hibitting a complaint ag^* y° last years selectmen & the
p'sent years selectmen, and the last years constable, for the
Parish of Oyster river, as on file (2).
[p. 380.] All parties appearing and being heard ;

Ordered, That the matter be suspended till the third day
of Sep* next, and the constable do his duty in the mean
time, & that the parties agree the matter between them-
selves if possible, &c.

Rich'' Waldron, Cler. Coun.

(1) Tliis is the first notice on our records of the Scotch-Irish, who subseciuently set-
tleii at Nuttielil, now Londonderry.

(2) Not now to be found.

171«.] RECORDS OF COUNCIL. 719

Pro : N. Hamp'.

At a Councill held at the Councill Cham-
ber in Fortsin", Sept. 4, 1718.
Present in Council,
The Hon"'^' John Wcntworth, Esq., Lt. Gov^.

Sam' Penhallow, ) Geo. Jaffrcy, ^

Mark Hunkin<^-, > Esqs. Sliad: Walton, ^ Esqs.

Theo. Atkinson, ) Rich'' Wibird, )

His Hon'', the Lieut. Gov'' laid a letter before this Board
from Mr. Rich'' Partridge of London, in relation to the tak-
ing of [off"] the duty upon lumber in Great Britain : Also
another letter from Sr. Mathew Dudley on the same head,
very much to the benefitt of this province : Upon w*"" y®
Councill determined to send a letter of thanks to the s"
Dudley and Partridge for their concern and care in behalf
of this province & to pray the continuance of their favour in
y' regard.

Pro : N. Hamp'".

At a Councill held at the Councill Cham-
ber in Portsmouth, Novem'' 11, 1718.
Present in Councill,
The Hon'^'" John Wentworth, Esq., Lt. Gov^

Sam' Penhallow, } ^ Shad: Walton, ) ^

Geo. Jaffrey, \ ^^'^^' Rich^ Wibird, \ ^^^^'

Thom"* Westbrook, Esq.
In Councill
Ordered, That his Hon'' Lieu* Gov. Wentworth, be paid
out of y^ treasury thirty pounds, — it being for a bill of
Exch^ of fifteen pounds sterling paid unto Messrs. Dum-
mer and Newman, for and in behalf of this Province, by
the s*^ Lt. Gov*" Wentworth, for their soliciting for liberty to
cut timber &c. within this Province.

Rich'' Waldron, Cler. Con.

720 PROVINCE OP NEW-HAMPSHIEE. [1719.

[p. 381.] In Councill

Ordered, That any Conncil'" being legally and reasonably
summoned to attend his Majesties service in Councill, &,
not attending at time and place according to summon with-
out sufficient reason, to be judged of pr the Gov'' & Coun-
cill, shall forfeit & pay two shillings as a penalty for his
neglect.

Rich'i Waldron, Cler. Con.

Pro: N. Harap'".

At a Councill held at y*^ Council Cham-
ber in Portsm", Novemb'" 27, 1718.
Present in Councill,
His Hon'' John Wentworth, Esq. Lt. Gov^

Sam^ Penliallow, \ Shad. Walton, \

Mark Hunking, > Esqs. Rich"^ Wibird, > Esqs.

Geo. Jaffrey, ) Tho^ Westbrook, )

In Councill,
Ordered, That Thursday, the eleventh day of Decern'
next, be observed a day of publick Tlianksgiving through-
out this Province, & that the Clerk issue out Proclamation
accordingly : Sam' Penhallow & Geo. Jaffrey, Esqs. being
desired to draw y° form of Proclamation.

Rich^ Waldron, Cler. Con.

Pro : N. IIamp^

At a Councill held at the Councill Chamber
in Portsm", March 5, 1718-9.
Present in Councill,
His Hon'' John Wentworth, Esq. Lt. Gov"".

Sam' Penhallow, ) ^ Geo : Jaffrey, ) ^

Mark Hanking, \ ^^^^- Shad. Walton, j ^^^®-

Upon complaint of Jacob Stanyan that he was irregularly
&, contrary to an ord'' of Councill chosen a Constable at y*'
old parish of Hampton, — being a resident of the new —

1719.] RECORDS OF COUNCIL. 721

Ordered, that the Clerk issue a special warr* &c. to bring
Capt. Josh^ Wiiigate, who was moderator at tlic meeting,
tt Mr. Jno. Tuck, the Clerk of s'' meeting, before the
lion'''"' the Lieut. Gov"" & Councill, at y'' Councill board, on
Saturday next, at 10 o'clock A. M. together with the notifi-
cation that was sett on y*" meeting-house door, and all the
proceedings of that day.

Rich" \Yaldron, Cler. Con.
Adjourned to y'' 7"' instant.

[p. 382.] Pro : N. Hamp^

At a Councill held at Portsm", March 7'*^ 1718-9.

Present in Councill.

His Hon'' John Wentworth, Esq. Lt. Gov^

Sam> Penhallow, ) ^ Geo. Jaffrey, ( ^

Mark Hunking, ) ^ ' Shad. Walton, \ ^

Tho. Westbrook, Esq.

Capt. Wingate & Deacon Tuck appeared at this board by
virtue of a warr* <fec. to give an account of the irregular
proceedings of a Parish meeting liolden at the old parish in
Hampton : The s'^ Wingate & Tuck were asked by his
Hon'' the Lieut. Gov'' why they proceeded to choose a Con-
sta])le for the new parish of H^impton, contrary to a late
ord"" of Government. Capt. Wingate answered, that if
they had proceeded contrary to that order, it was through
ignorance that they did it, & not contempt or design ; and
that there were most of the principal men of the new
Parish present at s'' meeting, who put the same construc-
tion on the ord"" that they did.

Ordered, That the affair be suspended till the 25*^ in-
stant, and that Maj"" Wear & Capt. Jabez [Dow] & Josiah
Moulton, sen"", be summoned to attend at s*^ time, and then
the fees to be paid. Adjour*^ to 25 lust.

722 PROVINCE OP NEW-HAMPSHIRE. [1719.

Pro: N. Hamj/.

At a Coiincill held at y*" Councill Chamber in
Portsm", by adjorn*, March 25, 1719.
Present in Council,
[The same as before.]
Maj"" Wear and Jacob Stanyan appeared at this board to
prosecute the complaint there exhibited ag^* Capt. Wingate
& Mr. Tuck. The s*^ Wingate & Tuck appeared also, to
defend : Upon hearing the whole matter, it was found that
what had been done by s** Wingate & Tuck was not in con-
tempt of authority and government, but by misunderstand-
ing and misapprehension : Whereupon it was ordered they
be dismist, paying the fees & to be to them repaid by the
old Parish of Hampton.

Eich"^ Waldron, Cler. Con.

[p. 383.] The following rote was passed at this Board :
Whereas on the 12 May, 1718, there was a vote of Council
past for making the new Parish of Hampton separate from
the old to all intents and purposes : & whereas there seems
to be some ambiguity in s*^ vote, and the same hath been
misconstrued ; for the better explanation whereof, <fc in
order to the better understanding of the same, it is hereby
In Council

Voted, That the intent of s'^ vote was & is hereby intended,
that y® s*^ new Parish of Hampton have the privileges of a
town without exception, & that that article in y'' afores*^
vote relating to the Prov : tax, is to be understood, each
parish to pay their proportion as formerly, w'^'' proportion is
to be made & assessed & gathered by the selectmen,
assess"^^ & constable chosen at each parish severally ; and
the minister taxes also to be made by the selectmen and
assess"^, and collected by the Constable y* shall be chosen
at the parish meetings severally, as above.

March 25, 1719. Rich'^ Waldron, Cler. Con.

Mr. Sam' Hinkes & his wife p'ferred a petition to this
board, as on file.

1''10.] RECORDS OF COUNCIL. 723

In Councill
Voted, That Geo. Jaffrey, Esq. be of the Committee to
see to y" renewing tlie Goal in ^[r. Atkinson's stead, during
the Indisposition of s'' Mr. Atkinson.

Rich" Waldron, Cler. Con.
In Councill
Ordered, That Thursday y*" second day of Aprill next,
be observed a day of publick Fasting and prayer, & that the
Clerk issue out proclamation accordingly.

111011*^ Waldron, Cler. Coun.

[p. 384.] Pro : N. ^amp^

At a Coifncill held at y*" Councill Chamber
in Portsm", April 30'% 1719.
Present in Councill,
His Excellency Sam^ Shute, Esq. Goy^
His Hon"" John Wentworth, Esq. Lt. Gov'.

Sam' Penhallow, ) ^ Geo. Jaffrey, ) ^

Mark Hunking, j ^^^^- Shad: Walton, ] ^^^^'

Rich'' Wibird, Esq.

Rich'' Jose appeared at the Councill board & prayed the
Gov'' & Councill, That the selectmen of Portsm" might be
summoned to appear & there to answer for not complying
with tlie ord"" of Gov"" & Councill al>' pa3'iiig for a high-way
laid out through the lands of the complainant's father, &c.

Ordered, That the said selectmen may be summoned
accordingly.

Rich" Waldron, Cler. Con.

The selectmen appeared according to summon.

Thomas Phipps, Esq. p'ferred a Petition to this board in
behalf of the Town of Portsm" about an addition of land
to the town,&c. as on file: which being read, the following
vote was past thereon :

724 PROVINCE OF NEW-HAMPSHIRE. [1719.

Whereas Thorn'' Phipps, Esq. preferred a petition to this
board signed by himself and Sam' Hart in behalf of the
town of Portsmouth, as on file, praying that a Commit-
tee might be appointed to run & renew y*^ bounds of a
grant of land made by the Mass^ to Portsm" &c.
Voted, That the petition be granted, & that there be
added two miles to the breadth of the six miles ; at the head
of Dover line westward of the six miles ; which two miles
to be appropriated to the encouragement of the iron works
building at Lamprill river for cole, wood, & for settling
people thereon, to be imported for that service, & settled in
such order as a Committee appointed for that purpose shall
direct : & that Mark Hunking, Geo. Jaffrey, & Rich*^ Wi-
bird, Esqs. & Col. James Davis, Capt. Tim''. Gerrish &
Capt. Sam' Tibbetts be the Committee for laying out and
bounding s^ land, & that Sam' Penhallow, Esq. be added
for directing the settlement.

Eich" Waldron, Cler. Con.
[p. 385.]

Richard Waldron, Esq. made application to this board as
the Supream Probate (he being Judge of probate of wills,
&c.) for administration on the estate of Maj''. Richard
Waldron, his father, dece''* : whereupon it was
In Councill
Ordered, That the said Richard Waldron have a letter of
administration accordingly.

* "Major Richard Waldron," here referred to as deceased, must have been the one
killed by the Indians at Dover in lG8i). But why his son should take out letters of
Administration, at this late period (17)9), does not appear. Tlie second Kicliard Wal-
dron, who was mdeed Judge of Probate at this time, died in Portsmouth, Nov. 3,
1730, aged 80.

1719.] RECORDS OF COUNCIL. 725

Pro : N. IIamp^

At a Councill held at y" Coimcill Chaml)er in Portsm",
May 2^ 1719.

Present in Councill
His Excellency Samuel Sliute, Esq. Gov^
His Hon'' John Wcntworth, Esq. Lt. Gov^

Sam\ Penhallow, ) ,t Geo. Jatfrcy, ) ^

Mark Hunking, \ ^"^^^- Shad: Walton, \ ^'^'^'^'
Rich^i Wibird, Esq.

Ricli'^ Waldron & Geo. -Jaffrey, Esq. being two of the
Exec^ appointed in the last will and Testam' of Mrs. Jane
Gerrish, dec*^ presented the said will to this Board, as y''
Supream probate, & prayed that the same might be there
proved. The witnesses being p'sent it was done accordingly.

Sam' Chapman of Hampton & others appeared at this
board to prosecute a petition about a meeting house at
North hill ; the Selectmen appeared to make their objec-
tions : both parties being heard, they were ordered to with-
draw & the following order was past.

In Council

Ordered, That there be a parish in y® North part of
Hampton, and that Mark Hunking, Shadrach Walton,
Nicho^ Gillman, Esqs. be a Committee to ascertain the
bounds & limitts of s'' pai'ish ; — that is to say, between the
old parish and the new : To be compleated and finished
before the first Tuesday in June next.

[p. 386.] Pro. N. Hamp^

At a Council held at Portsm" May 29"' 1719.
Present
His Hon"" the Lieut. Gov^
Sam' Penhallow, ) Shad: Walton, )

Mark Hunking, \ Esqs. Rich'' Wibird, \ Esqs.

George Jatfrey, ) Thom* Westbrook, )

His Hon' the Lieut. Gov"" laid a letter before y° board

726 PROVINCE OF NEW-HAMPSHIRE. [1719.

from His Excellency Gov'" Shute, dated Maj 18, 1719,
where in he wrote that he intended Capt. Odiorne to be a
judge ; also a second letter from Mr. Boydel, dated May
25*** 1719, wherein he wrote that his Excellency the Gov"",
had commanded him to acquaint the Lieut. Gov'' that he
had appointed Capt. Odiorne to be judge of the Inferiour
Court, & directed the making out a commission accordingly :
w'^'^ letters being read. It was voted that a Commission to
the said Odiorne for the said office be p'pared, & directions
given the Clerk for the same.

The Committee appointed to ascertain the bounds of the
new Parish at the North end of Hampton, made their re-
turn as follows :

Pro. N. Hamp"".

We, the subscribers, being a Committee appointed by the
Gov"" & Council for to settle & ascertain the bounds & lim-
mitts of a Parish granted by the Gov"". & Coun'. on May
2*^, 1719, within the township of Hampton, at the north
end of s*^ town : (viz.) It shall take its beginning at the
north Tree betwixt Hampton & Portsmouth & to measure
three miles south from s*^ north Tree & there to make a
bound mark, & from thence east south-east, two degrees
east down to the sea, & from said bound mark three miles
to the south of said north Tree aforesaid, west north-west
two degrees west, as farr till they meet Hampton line w*^^
runs betwixt s'' north tree & Stratham line ; & the above
boundaries when so run out as above specifyed, is the bounds
of said Parish : by us this 26^'' day of May, 1719.
Nich' Gillman, Mark Hunking,
Jn'' Gillman, Shad. Walton.

[p. 387.] Pro. N. Hamp^
At a Council held at Portsm". June 22*^, 1819.

Present in Coun".
His Hon^ John Wentworth, Esq. Lt. Gov^
Sam^ Penhallow, )
George Jaffrey, S Esqs.
Rich'^. Wibird, \

1719.] RECORDS OP COUNCIL. 727

Robert Armstrong, Esq. laid a paper before this board,
dated London, April 8"', 1719, under the hand and seal of
Charles Burniston, Esq. appointing him the said Armstrong
to be Deputy Surveyor of the woods in America, und"" him :
But Mr. Burniston's commission not appearing, nor any
exemplifecation thereof, the Lieut. Gov^ <fe Council were
pleased to suspend the qualifying said Armstrong to act in
that post till his Majesties' pleasure be more fully known ;
& to ord'. that the clerk of the Council write to John
Bridger, Esq. to inquire whether he has received any qui-
etus from home, or is divested of his late power in acting
as surveyor general of the woods, &c., that so due care
may be taken for p'serving his Maj"''* trees. Y'' copy of y*
letter is on file.

Pro : N. Hamp^

At a Council held at Portsmouth, July 16, 1719.

Present in Coun'.

His Hon'^ John Wentworth, Esq. Lt. Gov^

Sara' Penhallow, ) p Richard Wibird, ) y

Geo : Jaffrey, ) ^'^^^' Thomas Westbrook, ( ^' *

His Honour the Lt. Gov', took the following oath at this
board (viz.)

That he was never concerned w"' Capt. Archibald Mack-
pheadris directly nor indirectly in shipping of any naval
stores for the kingdom of Spain or Portugal in any ship or
vessel whatsoever ; nor any other commodities. Except the
small cargo of sparrs on board the ship George, Joseph
Simpson, master.

Attest, Rich'^. Waldron, Cler. Con.

728 PROVINCE OF NEW-HAMPSHIRE. [1719.

[p. 388.] Pro. N. Hamp^

At a Comicill held at Portsmouth, Sept. 24*, 1719 :
Present in Coun^ :
His Excellency SamP. Shute, Esq. Gov^
Sam^ Penhallow, ) Shad. Walton, )

Mark Hunking, > Esqs. RiclV^ Wibird, > Esqs.

George Jaffrey, ) Thorn. Westbrook, )

Mr. Clement Hughes preferred a petition to this board,
directed to his Excellency the Gov'' & Councill, signed by
about 100 p'sons, praying for a township above Kingston,
as on file, which being read, it was resolved, That the same
should be considered when his Excellency came next into
this Province.

Pro. N. Hamp^

At a Council held at Portsmouth, Sept. 25"^ 1719.

Present in Coun :
His Excellency Samuel Shute, Esq. Gov"".
His Hon'. John Wentworth, Esq. Lt. Gov'.
Sam^ Penhallow, ) Shad. Walton, )

Mark Hunking, S Esqs. Ric'\ Wibird, [ Esqs.

George Jaifrey, ) Tho^ Westbrook, )

Ordered, That the land of Mr. John Odlin* w'^'^ lyes w^in
the town of Stratham, be exempt from any tax during the
s^ Odlin's life.

Rich*^. Waldron, Cler. Coun.

Pro : N. Hamp'.

At a Council held at Portsmouth, Novem' 26"\ 1719,

Present in Coun.
His Hon' John Wentworth, Esq. Lt. Gov'.
Sami. Penhallow, ) -^ Geo. Jaffrey, ) -p,

Mark Hunking, j ^^^^' Shad. W\alton, j ^^^^•
Rich'^. Wibird, Esq.

* Rev. John Odlin was at this time minister of the church in Exeter.

1710.] RECORDS OF COUNCIL. 729

His Hon'", tlic Lieut. Gov^ laid Iteforc this board sundry
Papers from Whiteliall, viz.

A letter from the Lords Commissioners of trade & plan-
tations, to his Excellency the Gov^ concerning several acts
of this Province that arc und"" consideration.

Another signed James Vernon, about three acts repealed,
(viz.)
[p. 389.] An act for relief of idiots & distracted persons.

An act providing for posthumous children.

An act against high treason.

And a paper containing the reasons why the said three
acts are repealed.

Another letter from the Lords of trade & plantations,
about the boundaries of New Hampshire.

Another paper signed "Wm. Popple, containing sundry
queries ab* the trade of N. Hamp^

Another letter to the Gov'', signed Wm. Popple, relating
to tarr & pitch.

A copy of a certificate by w'^^ the bounty of pitch & tarr
is to be had and received.

Also a paper containing rules for making tarr & another
for hemp, which two last his Hon"" took to himself.

And an Act of Parliament ag"' clandestine runing un-
customed goods, &c.

In Coun :

Ordered, That the Repeal of the three Acts before men-
tioned be forth""' published.

That a Committee be chosen to run the line between the
Provinces of N, Hamp'^ & Massachusetts.

That the rules for raising hemp & making tarr be re-
printed, one hundred of each, & that the Treas"" see it done
forthwith.

His Hon^ the Lt. Gov^ laid before the board the copy of
a petition directed to the King's most excellent Majesty,
signed John Tuck, w*^'' was read, &c.

Ordered, That Deacon John Tuck be notifyed to appear
at the board on Wednesday next.

730 PROVINCE OF NEW-HAMPSHIRE. [1719.

Pro. N. Hamp''.

At a Council held at Portsmouth, Dec. 2^ 1719.
Present in Coun :
His Hon'. John Wentworth, Esq. Lt. Gov"".
Sam^ Penhallow, ) -p, ^ Rich''. Wibird, ) ^

Geo. Jatfrey, ] ^^^^' Tllom^ Westbrook, \ ^^^^l^'

Mr. John Tuck being sent for and appearing at this
board, His Honour the [p. 390.] Lieut. Gov"" informed him
that he had received a copy of his petition to the King, and
the same being read, the Lt. Gov'', asked whether he had
any answer to his petition ; who replyed he had not : Then
the Lt. Gov\ told him if he would confess his fault, his
bond should be discharged ; but his refusing to acknowl-
edge any fault, the same was continued.

In Coun :

Ordered, That Sam'. Penhallow, Geo. Jafifrey, & Rich''
Wibird, Esqs. draw up a Commission and Instructions for
y*^ Committee appointed to settle the divisional line between
this & the Mass^ Government ; & that y'^ clerk write Mr.
Secretary Willard to inform him y*^ Commissioners on our
part will meet the Mass* Gent" on Wednesday next.

Pro : N. Hamp^

At a Councill held at Portsmouth, Dec. 11"", 1719.
Present in Coun :
His Hon^ John Wentworth, Lt. Gov''.
Geo. Jaffrey, ) ^ Rich" Wibird, \ ^

Shad. Walton, ] ^'^^^' Tllom^ Westbrook, j ^•^*^^^-

Thom^ Packer, Esq.
Voted, That his Hon'', the Lieut. Gov"", draw upon the
Treasury for such sum or sums of mony as are necessary
for payment of the charges of the new prison.

Rich". Waldron, Cler. Con.

1720.] RECORDS OP COUNCIL. 731

Pro : N. flami/.

At a Councill held at Portsmouth, Dec. 21^', 1719.

Present in Couii :
His Holl^ John Wentworth, Esq. Lt. Gov^
Sam'. Penliallow, ) ^ Cxeo. Jaffrey, } ,.

Mark liuuldng, \ ^^^^- Tho^ Westbrook, j ^^'^'^'^•

Tho. Packer, Esq.
His Hon'' the Lt, Gov"" informed the board that the Gov-
ernment of the Mass'"* had appointed Commissioners to go
to Casko bay or elsewhere, to meet the chiefs of y" Indians
<fe examin into the disord""^ that have lately been amongst
them in the Eastern parts of the County of York, and also
proposed the appointing one to joyn them in behalf of the
Government, & nominated Thomas Westbrook, Esq. to act
in that affair.

[p. 301.] The Councill consented to the motion & voted a
Commission and Instructions to be made out accordingly ;
and that the Trcas"" advance what mony is necessary.

Pro : N. IIamp^

At a Council held at Portsmouth, Jan. 12, 1719-20.
Present in Coun :

Sam' Pcnhallow, ) Shad. Walton, )

Mark Ilunking, [ Esqs. Rich'^ Wibird, > Esqs.

Geo. Jaffrey, ) Tho^ Westbrook, )

Tho' Packer, Esq.

The Commissioners appointed to go into the Eastern
frontiers to discourse the Indians respecting the disorders
lately happened there, this day reported to the board the
particulars of the Conference und' their hands, w'"' was
delivered to Capt. Westbrook, to be p'sented to y*" Lt.
Gov^ (1).

(1) This Report is not fonnrl on record. Penhallow (" Ind. Wars ") savs: "In tlie
year 172(1 tliey [Iiuliaiis] began to bo iiiori' insolent, anil api'eareil in greater bodies;
upon \viii<'li (jol. Waltim \v;is ordered with ali mt -JOd men to guard the frontiers, and
was, after th:it. aripointel with Capts. .Moody, narnion. Penhallow and Wainwright to
Bend tlieirchiets for satisfaction for the late liostilities which they had done in killing the
cattle, &c. The Indiaas, fearing tho event, promised to pay two hundred skiuu, ami

732 PROVINCE OP NEW-HAMPSHIRE. [1720.

Pro : N. Hamp^

At a Coimcill held at Portsmouth, March 7"', 1719-20.
Present in Coun :
His Hon'" John Wentworth, Esq., Lt. Gov"".
Sam^ Penhallow, ) ^^^^ Shad. Walton, ) ^

Geo. Jaffrey, P^^^' Tho^ Packer, P^^^*

Nich° Mead having some time since made his escape
from y*^ Common Goal in Portsmouth & being appre-
hended :

Ordered, That the clerk forthw"' make out a special
warrant or Mittimus for his re-committment.

[p. 392.] Pro : N. Hamp^

At a Council held at Portsmouth, March
15*S 1719-20.
Present in Coun :
The Hon'''« John Wentworth, Esq., Lt. Gov^

Sam' Penhallow, ) y__ Shad. Walton, ) y^

George Jaffrey, ] * ^ * Tho*" Westbrook, j '^ ^ "

Tho' Packer, Esq.
In Councill,
Ordered, That the Inhabitants dwelling upon or near the
partition of the two Provinces be not taxed to the minister
or to any Town or parish charge, till the said partition
lines be settled ; but that all such p'sons shall be taxed in
the Province rate and pay as heretofore.

Ricli^' Waldron, Cler. Con.
In Coun :
Ordered, That the Clerk write a letter to Mr. McGregore,

for their fidelity, to deliver up four of their young men as hostages. After this, thej-
i)ecame tolerably quiet, but in the spring grew as insolent as before; especially in
Kennebeck, where, some time in July, they came with ninety canoes on th^ Pade-
shal's Island, whicii lies opposite to Arrowsick, and sent to speak with Capt. Peiihal-
1 ow, who fearing an intrigue, refused, &c."

1720.] RECORDS OP COUNCIL. 733

& another to Messrs. White & Kimball in relation to the
settlement of Nutficld, as on file.

Rich-^ Waldron, Clcr. Con.
In Coun :
Ordered, That the Clerk issue out proclam" for a general
Fast to bo held & kept throughout this Province, on y^
thirty-first day of this instant March.

Rich^i Waldron, Clcr. Con.

Pro : N. Hamp^

At a Council held at Portsm" April ll*"^, 1720.
Present in Coun :

His Honour the Lieut. Cover" John "Wentworth, Esq.

Sam' Penhallow, \ „ Rich^' Wibird, ) ^

George Jaffrey, \ ^^^^- Tho« Westbrook, ( ^^^^•

Tho** Packer, Esq.

His Hon'' the Lt. Gov'' informed the board that he was
advised from Boston, that the several Governments of
Mass'', Connecticut & Road Island were about to appoint
Commissioners respectively to meet at Boston, to confer
about some method to advance the credit of the medium of
Exch"* and proposed that this Governm^ should joyne in the
affair ; [p. 393.] which was consented to, and then nomi-
nated George Jaffrey, Esq. in behalf of this Province, w*^**
was also consented to, & ordered that the Treasurer ad-
vance what mony is proper to defray y*" charge out of y*
Treasury.

Pro : N. Hamp^

At a Council held at Portsm" June 11"', 1720.
Present in Coun :
His Hon"" John Wentworth, Esq., Lt. Gov^
Sam' Poiihallow, ) Shad. Walton, J

Mark IJunking, \ Esqs. Richard Wibird, \ Esqs.

Geo. Jaffrey, ) Tho" Packer, )

734 PROVINCE OF NEW-HAMPSHIRE. [1720.

Richard Waldron and Geo. Jaffrey, Esqs., Executors to

the last will and Testament of * deceased,

appearing at the Board, informed that they had chosen
Capt. Nath' Gerrish in the room of Theo. Atkinson, Esq.,
deceased!, to be an Executor of the said AVill, they being
impowered to make such choice by the said will ; w'^'*
choice was accepted by the Lt. Gov"" and Coun : as y^ Su-
pream Probate ; and the s*' Gerrish hereby declared an Ex-
ecutor as above.

Rich-^ Waldron, Cler. Con.

Pro : N. Hamp^

At a Council held at y* Council Cham-
ber Portsm% T^"- 8'% 1720.
Present in Coun :
His Honour John Wentworth, Esq., Lt. Gov''.
Sam' Penhallow, ) Shad. Walton ^

Mark Hunking, \ Esqs. Rich'' Wibird, i Esqs.

Geo. Jaffrey, ) Thom* Packer )

Mogg and Ombakegoa, two Indians who came to town
yesterday from y'' Eastward, desiring leave, appeared at
the board, who informed that the body of Indians would
have something to say at Arowsick| about 40 days hence,
&c., as on file.

* Probably Mrs. Jane Gerrish. See Coun. Eec. May 2d, 1719.

t The Hon. Theodore Atkinson was born in Boston ; his ancestors lived at Bury, in
the county of Lancaster in England. His grandfather migrated to this country about
the year 1634, and settled in Boston, where he possessed a large real estate. He owned
seven acres of land near Fort Hill, which was called the pas'ture; he likewise owned
land on Atkinson street, which was called after his name, and on Berry street, which
■was so called from Berry the place of his nativity, having undergone a slight change
in its orthograjihy. The grandson [Theodore] removed to Portsmouth in 1694, and
settled at Great Island, which was at that time a place of considerable importance,
and the most jjopulous part of the town. He there engaged very largely in trade and
fishery. In 1701, he was appointed Clerk of the Superiour Court of Judicature for the
Province. In 1716, under Gov. Shute, he was appointed one of the Council. He was
intrusted with various other important offices, which he executed with great fidelity,
and was much beloved by the people. He died on the 6th May, 1719, aged 50, ami his
death was considered a public loss. [See Adams' Ann. Ports.]

t Arrowsic — a town in Lincoln Co., Me.

1720.] RECORDS OP COUNCIL. 735

[p. 394.] Pro : N. Hami^.

At a Council held at Portsm" Novcm^ 11"', 1720.
Present in Coun :
His Honour John Wentworth, Esq., Lt. Gov*".
Ram' Pcnhallow, ) ^^ RMi" Wihird, ) ^

Geo. Jaffrey, | ^^^^- Tho^ Packer, | ^''^''

Wallace Fenlayson, master of the Sloop Success, and
John Hooper a marriner, belongin*^ to the said Sloop, per-
sonally a|)pearino- at the Board, voluntarily made oath,
that on Wednesday the fifth day of October last, beiug on
a voyage from Barbadoes hither, in y'' latitude of twenty
and a half, the aforesaid sloop Success w'" her cargo and
men were taken by a pirate ship, mounted with about
twenty-eight guns, commanded by Capt. Roberts (which
ship was accompanyed by a pirate sloop) and that Mr.
Edward Sherburn, mate of the Sloop Success was forcibly,
and very much against his will detained on board the s*^
pirate ship, who openly declared he would be sooner cutt
into pound pieces, than joyne w"' the pirates in their pirat-
ical designs ; to which some of the ])i rates replyed. If he
did not forbear such talk they would cutt off his ears ; and
further, that Argalus Hunking carpenter of the said Sloop,
was also detained against his will on board the said ship,
and very much beaten and abused for refusing to obey y*^
commands of the pirates : and further, the Deponents tes-
tify that James Clement a marriner, on board the said sloop,
was also forcibly and very much against his will detained
on board the said pirate ship.

Attest, Rich'' Waldron, Cler. Con.

[p. 395.] Pro : N. Hamp^

At a Council held at Portsm" Novcmb'' 24"', 1720.
Present in Coun :
His Honour, John Wentworth, Esq. Lt. Gov"".
Sam' Pcnhallow, } -^ Ilicli'' AVil)ird, ) p

George Jaffrey, \ ^^^^' Thom^ Westbrook, \ ^^^^'

Thom'' Packer, Esq.
The Lieut. Gov"" laid before the Board a letter which he

736 PROVINCE OP NEW-HAMPSHIRE. [1720.

received from Mr. McKeen (1) and others at Nutfield, im-
porting that this settlement was mnch threatened with mo-
lestation and disquiet from the Massachusetts Government ;
which being read, it was ordered That the Clerk immedi-
ately dispatch a letter of encouragement to the s'' McKeen,
and direction that he fail not to exert the Justiciary powers
which he is vested w**^ for the suppressing any disorders
that may happen in their districts, &c. a copy of which
letter is on file. Mr. McKeen's letter, y^ Lt. Gov'' with-
drew.

Pro : N. Hamp^

At a Council held at Portsmouth, Decern"" 1^^, 1720.

Present in Conn :
His Honour John Wentworth, Esq., Lt. Gov''.
- Sam' Penhallow, ) PiclV^ Wibird, )

Mark Hunking, \ Esqs. Thos. Westbrook, > Esqs.

Geo. Jaffrey, ) Thom^ Packer, )

His Honour the Lieut. Gov'', laid before the board a let-
ter from Mr. Secretary Willard of the Mass*, complaining
that some officers of this Government had used violent
measures u^jon the borders on the divisional line, and sun-
dry depositions to support it : "Whereupon Mr. Justice
Wear and Nathan Longfellow, constable, both of Hampton,
being summoned, appeared, to account for the same ; who
produced such evidences in the premises as fully evinced,
that the complaint was groundless, and that what was done
by the New Hamp'' officers was just and right : and there-
fore it was

(1) Probably James McKeen, who was one of the first settlers at Nutfield, since
Londonderry, a leading man and Justice of Peace.

The settlement in Nutfield was begun April 11,1719. The land comprised in the
township was purchased of Col. John Wheelwright, of Wells, Me., g: andson of Rev.
John Wheelwright of Exeter, the original title to which rested on the famous
Deed to Wheelwright by the Indians in 1620. The land was supposed to lie within the
bounds of Massachusetts — but claimed also by New Hampshire. A grant of the town-
ship was made by Gov. Sliute and the Council of New Hampshire, June 1, 1722. [See
Hist, of Londonderry, by Kev. Ed. L. Parker, and also an account of the settlement,
with names of the original settlers in Farm. Belk. pp. 192-193.— Ed.]

1721.] RECORDS OF COUNCIL. 787

Ordered, That the Clerk forth""' inform [p. 80i].] His
Excellency by a letter, of tlic particular circumstances of
the affair, and send him copys of the afTidavits produced
by the s'' Wear and constable Longfellow ; a copy of ^vhich
letter and affidavits are on file, and also the letter and affi-
davits sent from Mr. Secretary Willard.

Rich" Waldron, Cler. Con.

Pro : N. Hamp''.

At a Council held at Portsmouth, Jan^' 10"', 1720-21.

Present in Conn :
His Honour John Wentworth, Esq., Lt. Gov"".
Sam> Penhallow, ) Shad. Walton, J

Mark Hunking, > Esqs. Rich'' Wibird, \ Esqs.

George Jaffrey, ) Tho* Westbrook, )

Tho^ Packer, Esq.
Mr. Ephraim Dennet, appointed Coronor for this Prov-
ince, and his Commission being made out and delivered to
him at the board, he as principal, and Thomas Westbrook
and Benj* Gambling, Esqs., as suretys, recognized joyntly
and severally to his Majesty in one thousand pounds, for
the said Dennett's faithful discharge of the said office of
Coroner ; after w"^^ the oaths, instead of the oaths of alle-
giance and supremacy, and the office-oath was administered,
to the s'^ Dennet, and then he withdrew.

His Honour the Lieut. Gov"^ produced and laid before the
board, several Qucrys from the right Honourable the Lords
of Trade and Plantations, respecting this province, which
were committed to George Jaffi-ey and Rich'' Wibird, Esqs.,
as a Committee to consider and draw up answers to the
same.

Rich'' Waldron, Cler. Coun.
47

738 PROVINCE OF NEW-HAMPSHIRE. [1721.

[p. 897.] Pro: N. Hamp'.

At a Council held at Portsmouth, March 7*, 1720-1.
Present in Coun :
His Honour John Wentworth, Esq., Lieut. Gov'.
Sam' Penhallow, ) Rich'' Wibird, ) p

Mark Hunking, [ Esqs. Tho« Packer, \ ^^^^^

George Jaffrey, )

The Petition of James McKeen and James Gregg, in the
name of the people of Nutfield, praying to have the divis-
ional line settled between Cheshire (1) and them, read at
the board and ordered that Col. Davis, Lieut. John Smith
and Joseph Hall be a Committee to view the land from the
peke ? (2) of Haverhill till four or five miles to the north-
ward of Exeter river be compleated of eighty miles
breadth, and that they may report to his Honour the Lieut.
Gov"" upon their oaths how they find the quality of the
said land, and that the charge of the Committee be de-
frayed by the proprietors of Cheshire and Nutfield ; and
that Kingston, Cheshire and Nutfield be notified when the
Committee enter upon the affair, that one man of each of
those towns may be appointed to go with them, if such
town see meet, and that the report be made at or before

the 18"' day of April next.

Rich'' Waldron, Cler. Con.

The Lieut. Gov'' acquainted the board that he was ad-
vised from Hampton, that two men of that town, namely
Isaac Green and Edward West, who lived more than a
mile to the northward of that which has been the reputed
dividing line more than twenty years, are now imprisoned
at Newbury by Salisbury constable for rates.

Ordered, That the Clerk dispatch advice to his Excell''

y® Gov'' of this matter without delay, and pray his favour

& direction in the premises. A copy of y'' letter to y*^ Gov''

is on file.

Rich" Waldron, Cler. Con.

(1) Chester.

i'S) Peak— the top of a hill or mountain, eij()ing in •^ point. — Web. Die.

1721.] RECORDS OF COUNCIL, 739

[p. 398.] Pro : N. Hainj/.

At a Council held at Portsmouth, March 14, 1720-1.

Present.
His Honour John Wcntworth, Esq., Lt. Gov^
Sam> Penhallow, ) ^^^^ Rich'' Wibird, ) ^

Geo. Jaffrey, j ^^^^' Thorn^ Packer, \ ^^'"l^'

His Honour laid before the board a letter advising that
constable Longfellow of Hampton was seized and im-
prisoned by the constable of Salisbury, &c.

Ordered, That the clerk forthwith inform his Excellency
thereof by a letter, and pray his discretion and favour in
the affair. A copy whereof is on file.

Pro : N. Hamp''.

At a Council held at Portsmouth, March
2P' 1720-1.

Present.
His Honour John Wentworth, Esq. Lt. Gov^
Sam. Penhallow, ) ^ Shad : Walton, ) tj^

George Jafifrey, \ ^^^^^' Rich'' Wibird, i; ^'''^^'
Tho^ Westbrook, Esq.
The petition of James Johnson, Samuel Weeks and
Josh^ Weeks, of Greenland, in behalf of that parish, di-
rected to the Honourable the Lieut, Gov"" and Council,
praying to be dismist from the Bank, from having any tax
laid on them there ; and to be freed from the charge and
trouble of attending the publick town meetings there ; and
that a Committee be appointed to proportion the said
Parish in the Prov : rate ; and that the Treasurer be de-
rected to issue out his warr^ from time to time, to the said
parish accordingly ; and that they may chuse a constable
amongst themselves to collect the assessm* that shall be
made ; and lastly that they may chuse one Assembly man
to represent them in Gen' Assembly, for the reasons
in said petition mentioned, — being read, as on file —

740 PROVINCE OF NEW-HAMPSHIRE. [1721.

[p. 399.] It was agreed and Resolved, That the prayer of
the said petition be granted ; and ordered that a Committee
upon oath take an account of the ratable estate of the dis-
trict of Greenland, by which their proportion of the prov-
ince tax is to be settled, who are to make return to this
board ; that the Treasurer's warrants be made out accord-
ingly ; and ordered Messrs. Eplv' Dennet, Tho^ Pierce and
Sam^ Shackford be the Committee to take an account of the
ratable Estates of Greenland district and make return
thereof upon oath, by the first of June next.

Pro : N. Hamp^

At a Council held at Portsmouth, May 9"^, 1721.
Present.
His Honour John Wentworth, Esq. Lt. Gov*".
Sam^ Penhallow, ) ^^^^ Rich'' Wibird, | ^

George Jaffrey, \ ^'^^- Tho^ Packer, \ ^''''^^'

William Blackstone, Maturin Ruar* and Benj'' Stanton,
appeared at the board and made oath concerning several
pine trees cutt into logs by Capt. Benj=* Wentworth, that
they were not fitt for masts ; and that the s'^ Wentworth in
the quality of a Surveyor, marked such trees as were, &c.
as appears at large, pr the affidavit on file.

Pro : N. Hamp^

At a Council held at Portsmouth, June 26'% 1721.
Present.
His Honour John Wentworth, Esq. Lt. Gov''.
Sam' Penhallow, ) ^^^^^ Rich'' Wibird, ) ^

Shad: Walton, P'*^'' Tlio^ Packer, P'^^'

Forasmuch as the small-pox is very rife and dayly
spreading in the town of Boston, from whence there is a
constant and common trade to this river by [p. 400.]

* This name is doubtful.

17-'l.] RECORDS OP COUNCIL. 7-11

coasting sloops and other vessels, by which means the
contagion may probably be brought hither and spread in
this province, unless due care be taken for the prevention
thereof :

It is therefore hereby Resolved, that a special order
forth"'' issue from this board to Mr. Robert Coates direct-
ing and requiring him immediately upon the arrival of any
such coasting sloo}) or vessels, to enter on board thereof and
make diligent inquiry and search of the condition and cir-
cumstances of s*^ vessel and cargoe, and upon the discovery
of any passenger or passengers, or any wool or woolen
cloth, cotton or cotton cloth, or any other goods (that may
be retentive of the contagion) on board the said sloop or
vessel, to direct the master thereof forthwith to proceed
w*^ his sloop or vessel, passengers and cargoe, behind Clerks
Island, and there anchor his said vessel, and there continue
till further order, and not discharge any of his passengers
nor unlade any of his cargoe untill he shall receive such
further order ; and the said master and passengers are here-
by required to be obedient to the directions of the said
Coates, the officer, as they will answer the contrary at their
peril. Richard Waldron, Cler. Con.

Ordered, That Shad. Walton, Richard Wibird & Thomas
Packer, Esq. be a Committee to go to the house upon
Ward's Island in Piscataqua river, and see the condition of
said house, whether it be suitable for a pest-house, or what
repairs may be necessary to make it so; and that. the same
may be improved as such, if occasion should require.

Rich'^ Waldron, Cler. Con.

742 PROVINCE OF NEW-HAMPSHIRE. [1721.

[p. 401.] Pro. N. Hami/.

At a Council held at Portsmouth, July 27, 1721.
Present,
His Honour John Wentworth, Esq. Lt. Gov''.
Sam^ Penhallow, } -^ Shad : Walton, ) ^

George Jafifrey, \ ^^'i'' Ricli^' Wibird, \ ^^^^•

Thorn* Packer, Esq.
His Honour, the Lieut. Gov'' laid before the board a let-
ter from his Excellency, dated at Cambridge, July 25***
1721, directed to his Honour, advising him that he had
ordered the levying two hundred and fifty recruits in the
Mass"" to cover the Eastern settlements, and desiring the
Lieut. Gov'' to summon y*^ Council and take their advice in
furnishing the quota of this Province ; which letter being
read and the question putt whether this Province should
send their quota, it was resolved in the affirmative ; and
that the number to be sent hence be thirty-five : and
ordered that the Clerk forth'''' issue out warrants to
the Colonels to cause their proportions to be imprest out of
such regiments, (viz.) out of Col. Waldron's seventeen,
and Col. Hunking's eighteen.

Rich^ Waldron, Cler. Con.

Nathan Longfellow, constable of Hampton, and John
Collins one of the borderers upon the dividing line of N :
Hamp'" & Mass''^ Governm* being sent for, appeared at the
board, and being examined concerning the said Collin's
imprisonment (for refusing to pay his taxes at Hampton)
as on file : It was ordered. That he, the s'^ Collins, be dis-
mist from his imprisonm*.

Rich'J Waldron, Cler. Con.

Henry Ambrose and Andrew Greelee, borderers upon the
partition line of N. Hamp*" and Mass^ and prisoners for re-
fusing to pay their several taxes at Hampton, prayed to be
heard at the board ; and being admitted, humbly moved for
a release from their Imprisonm^

1''21.] RECORDS OF COUNCIL. 743

[p. 402.] Ordered, That they be discharged ; first giving
bonds with a surety to pay their several rates for which
they are now imprisoned, or deliver uj) their persons to the
Govern^ when demanded.
They gave bond accordingly — as on file.

Rich" Waldron, Cler. Con.

Pro : N. ^Iamp^

At a Comicillield at Portsmouth, Aug^' 4'", 1721.

Present.

His Honour John Wentworth, Esq. Lt. Gov"".

Sam' Penhallow, } ^ , Geo. Jaffrey, ) p

Mark Hunking, \ ^'^'^^^' Rich" Wibird, j ^^'l^'

His Honour the Lt. Gov"' represented to the board, that
the Govern* of the Mass'^ had delegated several persons of
distinction to go into the Eastern frontiers and Inquire into
the late misbehaviours of the Indians there, and to de-
mand satisfaction for the same ; and proposed, that Col.
Walton should be desired (in behalf of this Province) to
joyn the said Gentlemen in the s'' atlair ; which was con-
sented to, and then ordered that the Clerk make out a war-
rant for the said Col. Walton accordingly.

Ordered, that the clerk prepare a warrant for Mr.
Joseph Pierce, to accompany this Province's quota of soul-
diers going eastw'' in the capacity of a surgeon.

Rich" Waldron, Cler. Con.

744 PROVINCE OF NEW-HAMPSHIRE. [1721.

[p. 403.] Pro : N. Hami/.

At a Council lield at Portmoutli, September 21^*, 1721.
Present.
His Honour John Wentworth, Esq. Lt. Gov'.
8am' Penhallow, ) -p^^^ Ricli'^ Wibird, ) ^

Geo. Jaffrey, \ ^^^^- Thom^ Packer, \ ^^^^'

His Honour the Lt. Gov"" moved y" Council for their
opinion relating to the two deserters from y*^ Eastern forces,

namely now in prison, who agreed that

they be forth w*^ punished and returned to their duty ; and
thereupon ordered that Col. Hunking (to whose regiment
the said deserters belong) forthw"^ assemble so many of his
commission officers as he thinks meet and proceed to the
tryal of the said deserters, so that in case of conviction,
they may receive their punishment on Saturday next, at
three o'clock afternoon ; and further, that the said Col.
Hunking be assisted in the tryal (besides by his own offi-
cers) by Col, Shadrack Walton, who is hereby impowered
to joyn and assist therein, and that Col. Hunking be served
w"' a copy of this ord'' immediately.

Rich'i Waldron, Cler. Con.

Pro : N. Hamp.

At a Council held at Portsmouth, Oct. 15"', 1721.
Present.
His Honour John Wentworth, Esq. Lt. Gov''.
Sam' Penhallow, \ ^^^^ Rich'' Wibird, ) ^

Geo. Jaffrey, ^ ^'^^- Thom« Packer, \ ^^^^•

His Honour the Lieut. Gov'' acquainted the board that he
had received a letter from Gov"" Shute advising him of a gen-
eral Thanksgiving ordered and appointed in the Prov : of
Mass^, and proposed that Proclamation be issued out for a
publick Thanksgiving in this Governm* also : Whereupon, It
was Ordered, that Mr. Penhallow prepare a draught, and
that the clerk forthw*'' issue out Proclamations copyed from
the same, the day appointed being y*" 26'" of y*' instant
month.

1722.] RECORDS OF COUNCIL. 745

[p. 404.] Pro : N. Ilami/.

At a Council held at Portsmouth, FcIj^' C", 1721-2.

Present.

His Honour, John Wentworth, Esq. Lt. Gov^

Sain^ Penhallow, ) j. Rich'^ Wibird, ) -p

Geo. Jaffrey, ( ^^^^' Thom^ Packer, \ ^'''^'''

It appearing to the board that there are a considerable
number of Indians at Dover whose words and actions give
just grounds of suspicion of an ill design ag*' that town,
the Council request his Honour to cover the inhabitants
there with fifty men for six days ; and ordered that the
Treasurer supply them w"' three hundred weight of bread.

Rich'^ Waldron, Cler. Coun.

Pro : N. Hamp^

At a Council held at Portsmouth, as the Supream
Probate, Dec. 9"> 1721.

Present.
His Honour John Wentworth, Esq. Lt. Gov^

Sam' Penhallow, ) p Geo. Jaffrey, ) p,

Mark Hunking, i ^^^^- Shad : Walton, \ ^''^^^
Thom^ Packer, Esq.
Hugh Banfield, ApelP

vs
His Brothers and Sisters, Appell''^ &g.
Ordered, That the Clerk issue out a warr* for a new ap-
praism*. upon John Banfield, dec'' his land Estate, and for
making a plat thereof to be delivered to the Clerk of the
Council within thirty days ; who shall administer the
proper oaths to the appraisers, and that the appell* chuse
one, the appelP* another, and the Council ai)point Mr.
Hughes the third.

Ric^ Waldron, Cler. Con.

746 PROVINCE OF NEW-HAMPSHIRE. [1722.

[p. 405.] Pro : N. Ham]/.

At a Council held at Portsmouth, as the Supream Pro-
bate, Feb^ 6, 1721-2.

Present

His Honour John Wentworth, Esq. Lt. Gov'".

Sam'. Penhallow, ) ^ Geo. Jaffrey, | ^

Mark Hunking, \ ^^^^' Shad : Walton, j ^^^^•

Thom^ Packer, Esq.

Joseph Swett, AppelP.

vs.
Sarah Swett, Appelle.

From the sentence of the Judge of Probate appearing
and allowing the will of Joseph Swett, of Hampton, De-
ceased :

Both partys being present and heard, the Court recom-
mended an agreem* to them, and adjourned for y** space of
eight days, to give them an opportunity so to do, &c.

Rich''. Waldron, Cler. Con.

Pro: N. Hamp^

At a Council held at Portsmouth, as Supream Probate,
March 7"', 1721-2.

Present
His Honour John Wentworth, Esq. Lt. Gov"".
Sam^ Penhallow, ) Shad : Walton, )

Geo. Jaffrey, > Esqs. Rich'' Wibird, | Esqs.

Mark Hunking, ) Tho. Packer, )

Hugh Banfield, eldest son of John Banfield, dec'' AppeP.
His Brothers and Sisters, the other children, of the said
John Banfield, Appell'^^

From a judgment of the Judge of Prol)ate for the divis-
ion of the aforesaid deceased John Banfield's land estate
among his children ;

The pleas and allegations on each side [p. 406.] being

1722.] RECORDS OF COUNCIL. 747

fully heard, and a new ai)praiscmcnt and ])lat of the prem-
ises made and exhibited to the Court, uj)on oath, according
to law: — It is considered, that the lott formerly allotted to
Agnis Fletcher by the Judge of Probate, be hereby con-
firmed to her, now Agnis Parsly, and that y'' j>roportion of
Charles Banficld be confirmed where liis house now stands;
and that Hugh Banfield, the Appell*, have the residue of the
premises, paying to each of the other children of the de-
ceased, after the rate of eight pounds per acre for their
respective proportions, w"'in two years from this time, with
lawful interest for the same, Provided he the s'' Hugh give
sufficient security within ten days for the aforesaid pay-
ments ; and in case of his default or neglect, then the other
children to have their several allottments and proportions
according to the aforesaid division of the Judge of Prol^ate ;
and that the widow of the deceased have the homestead and
orchard according to former allottment.

Rich'^ Waldron, Cler. Con.

Pro. N. Hamp'.

At a Council held at Portsmouth, as Supream Probate,
March 13, 1721-2.

Present.
His Honour John Wentworth, Esq. Lt. Gov''.
Sam' Pcnhallow, ) j^ Shad: Walton, ) ^

Geo. Jafifrey, j ^^^^- Rich" Wibird, j ^'^^'^'•

The judgment of this Court of the 7"' instant in the case
of Hugh Banfield AppelP vs. his Brothers and Sisters, ap-
pellee, wanting some explanation ; — It is hereby declared,
that the true " intent and meaning thereof was, that the
said Hugh Banfield shall give security for the payment of
no more mony to his brothers and sisters than the price of
the land (at y" rate of eight pounds an acre) which he is
forthw^*" to possess and enjoy ; and that he, the said Hugh,
shall have two years time after the death of his mother, for

7-48 PROVINCE OP NEW-HAMPSHIRE. [1722.

the paym* of what the house and homestead amounts to at
the afores'' rate w**" interest, which said house and home-
stead his s'^ mother is to improve and enjoy during her nat-
ural life.

Rich^' Waldron, Cler Con.
Memoran*^

Rich*^ Parsly has taken upon himself to keep and main-
tain the fence at y*^ lower end of his lott at his own cost &
charge.

Note. Thus far the Council Records appear to be complete, and are found
in a full bound MS. volume in the Secretary's Office, labeled "Journal of
THE Council, 1696 — 1722." But the Records of the Council which follow,
from June, 1722, to November, 1728, appear to be very imperfect — some of
them mere notes or scraps ; these are found in the Secretary's office, in a MS.
vol.. labeled "Commissions, &c.. Council & Assembly Records, 1680 to
1740, Imperfect." It is a matter of deep regret, that full Records of the
Council — during the aforementioned latter period — are nowhere to be found;
but the above, such as they are, will be jirinted in the next volume of Provin-
cial Papers. — Ed.

END OF VOLUME II.

INDEX

[Note. The Index, which follows, Is dosltriied to contain the nnnie of every yuison men
tioncd in tills st-cuml voliinio. '1 In- ollicii> ot j.'iiVcrMniint. as (;.ivcni(M-, riicut. (iuvi irior, and
Councilors, lire put in xjiali, capitals, Imt imt otlicrwisc rcrcrrcil tii, cxcciil iis pcrronning
some assinneil duty. 'I he \\in\\ JikshIiii Indicates tliat a name is tuund very oltcn in the
volume, and need not, therefore, lie repeatedly noted. Besides names, tlie Index, it will be
seen, contains reference to all the leading- matters in the volume, and sliould tluTitore lie care-
fully consulted. The Editor has aimed to be accurate, but still fears that errors may be
disc'overed.

When a name occurs more than once on a page, or on two pages in the same connection, it
is not generally repeated in the Index.— Kd.]

Abbit or Abbott, Jno. 178, 250, 2G9, 497,
4!).H, 037-640.

Acadie 47, 502

Aecutt, Samuel 89

Acts under Andros' Administration.. . 16

Adams, Cliarles 37, 5.3:3

liu^li, Mr 718

Addinytoii, Isaac, Secy., 21, 41, 48, 53,
72, 114, 135, 137, 169, 300, 429, 472,
541, 548, 574, 649.

Addison, J 71'J

Address or Petition of Inhabitants of

the Province, &c .34

Aea Mustaiiha 334

Alianquit 112

Aliassomhamett 112

Alborough, John, councillor 12

Aleocke, Job, Comr 78, 222

Alcott, Asst. Judge 2.32

Samuel, Capt 254, 272, 559

Alden, Rev. Lucius 107

Alexander, Joseph 39

Algiers, 3.37 ; treaty with 446

Allen, Kdward 36

Kcv. James 25

Gov. S.\Mt'EL'.s Commission, 59-62;
instructions to, 6.3-69; 70, 113;
letter to, 122; 195, UIO, 21,5, 218,
260,264; adminisi ration, 276, 277,
279, 2K4; speech, 291, 292, 'J94, 312,
341, .342, 34.-), 350; claims, 351;
charged with frau<l, .3.53, .3,56, .398,
4(r, ; deed to, .''.:!5-.-)40. 542, 543, 544 ;
bon<l to Walilron, 551.

Allin, Cliarles ,37

John, Lt .56

Thomas 673

Mrs. Klizabeth, 515, .547

Thomas, Trial, Allen vs. Waldron,
514-562.

Almery, Kobert 106, 249, 715

Alwell, Jos 90

Aniariscoggin fort 56

Ambrose, Henry 742

Amaseen, John 90, 94, 95, 2,39, 256

Amee, John, 673

Andrews, Oliver 323

Anduo.»<, .Sir Edmuxd, Commission
as Governor, 1-10; administra-
tion, 10-11; documents relating
to, 11-16; laws passed, 16-lH; ar-
rival in Boston, 11-12 ; Pemaquid
delivered to, 16; government over-
thrown, 20-22; 24, 26; Letter to
Lords, 20-28; order for sending
to Kngland,29; assault on Baron
de St. Castine, 47.
Ann, Princess, Queen, 364, 366, 382, .389,
465, 580, 610, 626, 627, 636, 653;
death of, 663, 664.

Anthonv, Richard, 203

Appleton, Ma,j 54; Col. 141

Archdell. Col 151

Ardell, William, 35,208,2^3,2,36,2.37,2.38,
261, 263; sherift; 281 ; removed, 316

Arin, William, 50

Armstrong, Robert, 348; Mr. 357, 567, 727

Arnold, Richard, councillor 12

Arowsiek 734

Arnup, Will 90

Arsh, Thomas 37

A.shurst, Sir Henry 344

Assembly, (Senoral, prorogued, 105;
dissolved, 170.

750

INDEX.

"Association" in New Hampshire to
stand by the Protestant succes-
sion 196, 258

Atkinson, Theodore, 89, 207, 2:53,
240, 256, 258. 259, 289; Justice, 320
322; fees, 359; 365; receiver, 378,
386, 388, .390, 507 510, 517, 530-562,
563, 587, 633, 669; of tlie Council.
696; Just. In. C, 700; oath, 713
717,723; dec'd, 734.

Atwood, Wm., Judge of Admiralty,
3.59, 391.

Auchmuoty, Mr 713

Austin, Thomas, 36

Awansomeck 112

Ayres or Aires, Marii 38, 240, 465

Natlil, 38; serg. 169, 170, 175, 181,
245: Justice P., 321.

Babb, Peter, 106

Samuel 106

Bachilor, Nathaniel, 39: Jan., 39, 239,
441, 574.

Badson or Batsons, John 90, 257

Bagaiawongo .112

Bag way or Bagworth, Benjamin .. .78, 81

Baillet, John 38

Baker, John 39

Sarah 181

Tliomas, Capt 635

Baker's river 635

Ball, James 474

John 673, 674

Tho: 673

Ballard, Mr 182

Bamlield or Bantield, Hugh, lOi;. 519, 5.50

Hugh 746

John, 745

Bancroft, Lt 55

Bantield, Charles 747

Banks, Lt 641

Barbados 83, 84, 707, 715. 735

Barbate, Mr .204

Barclay, Sir George It^S

Barefoot, Walter ,533, 553

Barker, 10

Enoch 691

Barnes, Thomas 221

Bashaw, All 334

Bassett, Mr 2i 4

BauU, Peter 175

Beale. John 90. 182

or Beele, Edward .96

Bean, Daniel 35, 570

James > 570

John .36

Samuel 570

Beck, Tho 3.*^

Bell, S. D 528, 670

Hhadrack 90

BELLo>ri INT, Earl, 217 ; Lord, -.'63, 264,
2G0, 268, 273, 279, 287. 289. 2;t2, 294,
303,304; Commission, Gov., 305-
312, 313; sketch of, 324, 326, 3i8,
332; Papers, 335-358.

Benbow, Ad 347

Beuicke, Abra 148

Jno 148

Bennet, Nicholas 38

Berry, James 90

John. Sen .39. 90

Joseph 1.30

William 360

Berteo, Mr 544

Bertlett. Abraham 639

Bickford, Bridgett 4.57

John 37, 90, 182, 201, 247, 257, 4;!3

Thomas 37, 126, 4.57

Bills passed 109

Bings, Hear Admiral 446

Biugraiihical Sketch of Sir Edmund

Andros 1, 2

Edward P.andolph 13

John Usher, Lt. Gov 70

Kichard Martvn 116

Earl of Bellon'iont 313

Col. Winthrop Hilton 418,453

Capt. John Mason's family 535

Joseph Smith, Esq 587

Charles Story, Esq 670

George Vaughan, Lt. Gov 680

Theodore Atkinson, Esq 734

Blacknian, Corp 269

Blackstone, William 740

Blagden, James, Lt 71

Sam uel 38

Blathwaite 472

Mr 571

Wm 572

Blew, Capt 513

Bloo<lv Point 529

Bly.Jno 179

Boma.'ieen 112, 318

Bond, William 38

Books of Law and Records 87, 213, 243

Booth, James 94, 96

Bores-head 431

Boscawen 195

Boston 77, 78, 79

Boulter, Nath 515, .529

Bovdel, John 698

"Mr 726

Brackett, Anthony 621

Chellis 90, .543

John 621

Bradford, William, councillor 12

Bramble. Thomas 674

Bradstkeet, Simon, 10, 20, 21; Mr.,

23; Gov., 48, 52.
Bridger. Mr.. 344, 348, 350, 3.53, 354;
John. .576, 577,685, 727.

Briilget. Mrs 303

Brigantine Tryalle 203

Bri<lge water. J 122

Brill ton, Jahaleel 275

Broa<lbent, Mr 22

Brockholes, Major 22

Bromtield, Edward 42

Bronse, Joshua 106

Brown, George 36

Jacob 441

William 21, f.73

Mr 214

Bruster or Brewster, John :i8

Bryand. Elish 2.56, 3.59

Brypr. Elisha 403, 485

Buckley, Kichard 89

INDEX.

751

Mr 105

lUirtbnl, Marcellus 34

BuUiviint, Mr. .Justice 22

Beiijauiin 312

Bunker, John 37, 237

BuKUKss, Kliseus, Gov., 677, 681, 6ti2,
GH3, 689.

Burgis, James 90

B urche tt, .1 338

Buriium or Buriiam, Jeremiah, 37, 291,
543.

Robert 37.5.34

Samuel 38

Burniston, Cliarles 727

Buss, Jolm :J7, 126

Jofiujih 50

William 50

Butcher, Saml ,323

Butler, Peter ',^1)4

Buttson, John •J47

Bylield, jSatlianiel 312

Calladonia settlement 319

Call, Peter 178

Cambellor Campbell, Duncan, 127, 240,
2(>!i, 2!>4, 574, 701.

Camm or Cann, John 3G

Joseph ,'!6

Canada expedition 597, 617

Canarys 79

<,"aiinv, Samuel 171

Canoe!*, tloet of 438, 041

Carr, Samuel 30

Richard 702

Cart, Philip 533

Carter, Edward 654

Gary. Edw 90

Matthew 100, 101, 105

Casco fort, 430, 464, 495; Bav, 506, 507,
592,641,656,731.

Casowah, James 94

Cass, Joseph 39

Cate, John .37

Edward 38

William 38

Challot, Krancis 436

Chamberlain, Kich 532-554

Ld 544

Champante, Mr 340

Chapman, Saml 725

Chase, .Joseph .50

Cheles, Philip 37

ChenoUn, .Tohn 38

Chesley, Philip, 37 ; Jun. 533, 565, 685.

Jaines 565

Samuel, Lt., 419, 504, 508; Capt.
513, 564, 565.

Thomas 37, 259, 533

Chouse or Chowues, Joseph, 72, 73, 75, 78

Chul, Capt 165

Church, John 37, 50, 94, 189, 195

Col 436

Churchell, John 90

Clark, Jacob 90

John 96, 106

Kathaiiiel, councillor 12

S:imuel 3«, 5.54

Walter, councillor 12, 13

Claye, Uichard 106

Clement. James 735

Clements, Job 86, 88

Coates, Robert 741

Cobbott, Thos., 34, 37, 40, 89, 94, 96,
130, 134.

Oochecho 85, 172; river, 223, 225, 581

COFFl.v, Petek, 30, -ix; his garri.son,
50, 51; of the Coinicil, 63, 71,
j)as.sim, 109, 114, 140; Capt. 149,
220 ; Jus. P., 231 ; Judge, 232, 259,

271, 272, 277, 287. 315; Jus. S. C,
321, 322, 362; Oath. 376, 397, 447,
513, 662; oldest councilor, 583.

Robert, Capt 581, 588

William 18

Cogeeshall, John, of Andros' Council,. 12

Colcord or Colcott, Samuel 39, 131, 570

Jonathan 570

Cole, Abraham 31

Is;iac 35

Robert, Esq .334, ,336

Collins, John 742

Colman, Jabez 570

Colonial oliicers confirmed 11

Comes, William lOG

Comtbrt. Samuel 89, .301, 304, .320

Commission, of Sir Edmund Andros, 1-10

to Edw. R,and()li)h 13

of Gov. Sand. Allen 57-63, 215

of Wni. Partridge, Lt. Gov... 215, 259

of John Usher, revoked 215, 260

of Earl of IJcllomont .305-312

for adminisli ring oaths 312

of Gov. Joseph Dudley 360-375, .377

Comnussioners of Provinces 733

Conner, Charles G 514

Converse, .James .300

Conversion of Indians and negroes. . . .317

Cook, Elisha 21, 699

John 36,37.90

Coroner, Francis Tucker 231

James Eovett 235

Corvell or Cowell, Joseph 78, 81

Cotter, Philiii 36

Cotton. Upv. John 261

Rev. Seaborn 587

Benjamin 39

John 37, 181, 182,411

Solomon 178

Wm., .38. 181, 193, 198, 361, 400, 402,
413, 489, 490, 534. 569, 666.

Council, lier Majesty's 544

Councillor's atlen<lance 582

Fine for non-attendance 720

Court, Sujierior, 17; of Sessions, 17; of
Chancery, oath, 342; atSt. James
names of, 604, 605,

Craggs, Ja 600

Cram, John .39

Cranch, Andrew 90

John 475

Crantifld, Gov 398

Cril.hfll. Ellas 148

Crommelt, Jeremiah 634

Cross, John, !I4, 99, 141,172,178,221,29,5,

42--!. 4:;(;. 447, 44.S, 475, 570.
Crum well, Jno 148

752

INDEX.

Jere 148

Crowder, John 96

Cumiinghiim 634

Currier, Jeff. 90

Custom-house fees, 19; returns, "SB.

Cutler, Mr 22

Cutt, John 39, 84

Dame or Dam, John 194, 197, 199, 271

Will 178

Dant'orth, Thomas 21, 48

Daniel, Ed 35

Daiitimony 248

Dartmouth, Ld 544

Davis, David 148

J&mes, 40; Lt. 72. 321; Cant. 495,
496, 499, 565, 566, 687, 692, 706, 713,
724; Col. 738.
John, 37; jun. 38, 126.

Joseph 37

Moses 37

Richard 106

Thomas, 38 ; Secretary and Clerk,
85,86, 87, 120; Mr. 693.

Timothy 447

William 38, 106

Davison, Major 347

Dawling, Trevor 312

Days of the week 283

Deal-boards 350

Dean, John (wife of) 126

Dearborn, Samuel 131

Thomas 39

Debts and claims 245

Declaration of war 366

Deed, Indian, 1629 526, 557

to Samuel Allen 535

Degens, Thomas 253

Denbow, Salathiel 37

Dennet or Denest, John 39, 519, 550

Ephraim, coroner 7.37

Derry , James 37

John 37

Deserters 127, 252, 513, 744

Deves, William 38

Deverick, Ralf. 555

Dey, Mustapha 334

Dimond or Dymoud Ens. Thomas. ..71, 89

Divisional line 730

Dode vah. Christian 35

Doe, Jno 148

Samson 148

Dolofe, Christian 533

Doney, Kobin 112

Doolor, Johi\ 35

Doore. Richard 179

Dorse, Samuel 90

Douie, — Indian 128

Doules, Philip 37

Dover, proceedings at, 32; Neck, 33;
massacre at, 46; Representa-
tives, 71, 161 ; due to, 221. 445.
Dow, Henry, 30; Ens. 31; Capt. 71,
104, 107, 117, 133, 139, 146, 149, 154,
157, 168, 174, 176, 177, 178, 183. 199,
202, 214, 2-22, 242, 263, 315, 320;
Just. P., 321; Com. 360; oath,
376; of the Council, 378, 426, 430,
488, 517, 605.

Jabez 442,721

Josiah 485

Samuel 259, 519, 550

Symon 441, 559

Downes, Thomas 37

Downing, Jno 201, 543

Drake, Nathaniel 39

Abraham 39, 441

Duallons, Richard 37

Duday , Philip 35

Dudley, Billy 36, 543

JosEi'H, 10; of Andros' Council,
12; Mr., 14; in prison, 22; Gov.,
365; Commission, 366-375; takes
oath, 375; vice admiral, 382, 399,
403; instructions to, 405, 412,416,
426, 427, 438, 439, 452 ; driven to
sea, 4.56, 458, 460, 461, 469, 493, 501,
534, 578, 582, 594, 602, i)as$im, 606.

Matthew 719

Paul 717

Samuel, Rev 41S. 426

Stephen 36

Theophilus, 36; Capt. 426.

Thomas 35

Dug. Joseph 50

Duggins, Daniel '. 106, 134

Mr., agent 717, 719

Dummer, Kev. Mr 56

Duncan, Joseph 50

Dunn. Nicholas 37

Dunnell. Benjamin 566

Duren, John 36

Durgen, William 37, 148

Duty on articles 173

Dyar, Edward 36

Earle, Wm 534

Easman or Eastman, Saml 706

Eason, Robert 414

Eastwick, Mr 348

Eaton, Ephraim 490

Edgerly.Tho 33, 37, 124, 126

Edgermett 112

Edisbury, Jo 540

Edments, Thomas 38

J^jectment, writ of. 544

Elkins. Eleazar 36

Gersham 131

Jonathan 246

Moses 146

INDEX.

753

Elliott, Eliot or Ellott, Mr. Rout.,
'il, 37; of the Council, 03,71, pas-
siin,Tl, 101, 113, 12<), 151, 158, 182,
2!).3, 230; ailvaiices iiionoy, 232,
216, 218, 2r)r>,258, 259, 27 1, 275, ^79,
2j!(); suspeiuleil, 293, 302, 312, 315,
317 ; oath, 376, 463, 4(;t. 477, 498,
502, 508, 510, 579, 597, (iU.

Ellis, John 3G

Elwoll, Kzia 94

Joseph 94

Embargo) 234, 244, 641, 643, 701

Emery, James 516, 541

Emerson, He v. Jno 688

Eml.;n, ,r.)lui 39

Eiileison. Will, sen 90

England, Stephen 510

Erie, Lt. Gen 544

Eskummilt — Indian 318

Estwick, f'hesant, 79, 80, 82, 84, 90, 94,
95, 129, 131, 141, 241.

Steven 90

Evans, Kobert sen. 37, 50; Ivins, 92

Evens, John 500

Everitt, Capt., 151, 153, 157, 158, 159,
161. 162, 163, 165, 169.

Eveiy, Henry 194

Evy, Thomas 38

Exeter, proceedings at. 33; representa-
tives, 71; men raised, i27; dis-
bursements, 149; soldiers at, 155,
161, 174, 176,220,247: rates, 252,
445.
Expedition to Canada, 597, 629, 633, 634

Fabens or Fabin, Elizath., 112; wld. 114

George 38

Fabes, Jno 71

Falkland, ship 226, 233

Farmer, John 203

Farwell, Mr 22

Fast-day, or General, 303, 432, 606, 613,

624 626, 627, 631, 648, 657, 891, 723.

Fees for Custom-house, 19; stated, 114.

Fellows 699

Fenicks, John 94

Fenlayson , Wallace 735

Ficket, Joan 35

Field-marshal 252

Field. Joseph 533

William 39; Lieut., 459

Zachary 533

Mr 708

Fifleld, Benjamin 39, 566

Edward 570

Fire in Boston 6J9

Fletcher, Agnis 747

John 38,534

Col 110,351,354,355, 356

Nicolas 178, 201

Richard 182

Flood, James, Capt 77

Florolle, Lovis 493

Floyd, Capt. John 42, 55

Fogg, Daniel 106, 201

Samuel 39

Seth 441

Foill, Zecharias 37

Follet, Nicolas 33, 83

P ootnian, Thomas 115, 247, 257

Foot, Capt 56

Pasco 707

Forbes, Wm 94; Capt., 623

Forster, Richard 502

Fort-house, 73; Wm. & Jlary, 116, 119,
120, 205; repairs, 230, 239, 240.

252,262; plans of, 346, 409. 440,
445; labors at, 446; repairs, 463;
soldiers in, 474, 475, 477, 486, 579,
588, ,597, 675.

Fosa, John 37 ; sen., 39. 90, 431

Saml 90

Will 90

Foster, John 21,42

Foulshani or Folsom, Ephraim, 30, 533, '
534;

John 360,533

Nathl 533

Peter, Ens 71, 534

Foxcroft (Justice) 22; Francis, 312

French, enemy, trade with restrained,
223; priests, 319; K(mian Catho-
lics, 430; fleet, 476, 477.

Frenchmen to be registered 429, 430

Friard, Elisha 38

Frontiers, provision for, 85; exposed, 496

Frost, Maj. Charles 29, 47

Capt. George 148

John 175, 502; Just. P., 686; 707

Fundv, bav of 186

Furbush, Wm 95

Furber, James 253

Jethro 519,550

William, sen., 37; Ens., 40; Lt.,
72, 146, 193, 197, 198; trial of, 199,
200; petition of, 201, 247, 257,
360, 533.

Furzer, Mr 344

Fryar, Joshua 37

Mr. Nathl, 34, 37 ; Jun., 40, 41 ; of
the Council, 63, 71, passim, 94;
Capt., 133, 134, 135, 130, 140, 143,
145, 181, 185, 196, 208, 20:t, 210,
218, 230, 231, 242; Probate of
Wills, 243, 259, 286, 315; Justice,
321; oath, 376; resigns, 410; no-
tice of, 424, 533, 553.

Gambling, Benjamin 637, 699, 737

Garland, Jacob 131

Garrison at Cot'hecho, 49, 50; at Exe-
ter, 55; on frontiers, 150, 152, 107,

174; at Oyster river, 175, 170, 177,
180, 181, 188, 204; at Dover, 214,
235, 237. 238, 239. 246, 273 ; in each
town, 465, 479, 503.

754

INDEX.

Garrway, Beiij 323

Gatcheli, Benjamin i;:J7, 638, 640

Geary or Geere, Beiij 245

John ....100

Gbilney, Bartholomew, lil, 47, 104; Col.

141.
Geueriil Assembly calleJ,86; answer,
to l^t. Gov., 121.

George, Prince 446, 544

R. (King) 603; proclaimed, 664.
Gekki.sh, Cai)t. John, 3^5, 37, 40, 41 ; of
the Council, 03; Capt., 102, 104,
133, 14G, 155, 171, 222; Assist.
Jus., 232, 246, 282, 315; Just. S.
C, 321, 500, 543, 632.

Mrs. Jane 725, 734

Nathaniel 734

Richard, Capt., 664, 683; Jus. P.,
686; of the Council, 696; Just.
In. C, 700.

Sarah 50

Timothy, Capt 724

Gibbens, Ambrose 558

Giles, John 300

Mark 436

Gilnian, David 361

Edward 36

James 36, 361, 519, 550

Jeremiah 37, 361

John, Sen 36; Jun., 36

. Capt., 402; jun., 418, 419, 510,582, 726

Lieut 519, 534, 55;i ; Just. P., 706

Moses 36 ; Jun,, 35

Nicholas, 360, 491, 543; Just P.,
6S7, 706, 725.

Samuel 36

Gitto, Richard 673

Glas, Richd 90

Glidden, Cbarlea , .35

Goal 181, 683, 690, 723

C^odtVee, Isaac 39, 131

.John 39

William 131

Goodricke, H 122, 195

Gorden, Alexander 35

Nicliolas 35

George, M r 23

Goss, Richard .37, 90

Gove, Ii>lward 31, 39, 41

John 321, 441

Gouch, James 82

Gould, Phillip 073

Goyles, Mark 36

GUAFFOKD, Thomas, of the Council. .63
Grafton, Thomas 37,51

Widow 256

Graham, Mr 22

Graves, Francis 402

. Will 147, 554

Gray, Jno 253

Gregg. James 738

Great Island, a township 93, 98

Charter of. 107

Greelee, Andrew 742

Green, Abraham 31

Henry, 31 ; Just., 44 ; of the Coun-
cil, 63, 71, pansim, 103, 113, 205,
212, 214; Just. P., 231; adv.
money, 232 ; Judge, 232 ; removed,
280, sL'l, 533, 553.

Isaac 738

Jacob 321 ; Capt., 4v6

Greenleaf, Left 54

Greenland Parish 691, 739, 740

Gummer, Richard 483

Hale, John 37, 2.59

Hales, Edward SO

Richard 90

Hall, Kinsley or Kingslev, 36, 71,
161; Capt. 174, 178, 183, "199, 202;
of the Council, 203, 256, 257, 280;
Just. P., 301, 533.

Ell ward 685, 692

John 5.!3

Joseph 738

Nathaniel 36

Ralph 36, 533

Samuel 554

Ham, John 37, 5J, 106, 500

Hamilton, Andrew 156

David .56

Leonard 36

Hammons. Maj 303

John 90

Jos 557

Hampton, proceedings at, 30; meeting
of, 31 ; appoint commissioner's, 31,
32; representatives, 71, 114; sol-
diers, 127, 149; selectmen, 154;
bounds, 166, 168, 220, 228, 445,
480; Parish, 722; North H., 725,
726.

Hancock, Capt 226, 248, 251,252, 255

Hanson Phili]) 35

Hanson, wid. of Thomas 50

Harris, George 90

Harst or Hust, John m, 202, 263

Hart, Samuel 724

Hartz 99

Harvye, Mrs 485; Ehzabeth, 486

Hatch, Jolin 37, 259

Haullrig, George 39

Hawk, sloop 715, 716

Hayes, John 37

Haynes 99

Robert 221

Sam 245

Wni 246

Head, Arthur 90, 94

Heard, John 500, 501, 5.33

Nathaniel 37

Samuel 37, (Mrs., 50)103

Capt 1 55

Tristam 501

Heath. William 506

Hedges, C 469 ; Secretarv, 544. 6t4, 622

Hemp and Flax 344,"^ 345; tar, 729

Henenen? William 253

Herbert 583

Hicks, Michael 691

Higgins, Beriah 37, 79

James 533

Highways 22 8

INDEX.

755

ITilano, Williain 35

Hill, Al.rahaiii 217, .'52!), 333,337

Ciit't 317,318, 31!l, 5K2

John 3H, (Htl

Niitliaiiiel 37. .'5.33

Saiiiiic-1 .' 78, 81, 182, 6!)0

Cieiicial (i2(>

Hilton, Mrs. Ann 41s

Charles .").">4

Edward 1(I3, 4 IK

John .•!.")

llichard 3(ll ; J ust. 1'., CSti

Sam nel 3.5, 5.54

"William 35, 554

Winthrop, Capt., 418. 419; Mnj.,
425, 426; Lt. Col., 4.50. 4,53,454,
401, 405, 478,480. 481, 486,4.^8, 4!ll,
4!»7, 506, 517, 565, 568, 578, 579,
5111, 598, 636.

Hinchman, Tlio. Ma;j 47, 48

HiXKs or Hincks, Johx, of the Coun-
cil, 6,3, 71, passim, 72, 89, 100;
president, 115, 117, 186, 203, 207,
210, 215, 218. 229. 232, 246, 248, 254,
2,56, 2.58, 267, 284, 293, .312. 315;
chief justice, 321; oath, 376, 396,
399, 400, 41 1, 412, 423. 424, 429, 447,
448, 457, 543, 570; absconds, 571-
G04; petition, 694.

Samuel 694, 722

Hobbs, Morris 31. 39

Hobbv. Sir Charles 700

Hodg, Nick 90

Hodsdon. dereniiah 554

Holland, Paul 90

Thomas, 90, 162, 163; Mr., petition
of. 380; wife JCli.sabeth, 380,381,
:}85, 386, 578.

Hollicom, John 240, 2,58

Holniis, .Ino 38, >«2

Holt. I.d 544

Hooper, Jno ■. . . 182, 735

Hornc. Elisabetli 3(5

John 37

'J'o1ii.-is !K»

William 50,533

Horny brook. .I.>hn 112

Horrill, Humphrey 77

Houghton, William 21

Howe, Mr 544

Hues, Arthur 182

Hughes 699; Mr., 745

Clement 728

Hull, Ben 51

Cai)t 247

Phinehas .56

Humiliation and Fast 105, 172, 271

HuNKiN or Hunkinjf, Mark, 106, 360,
398, ,559, 560; of the Council 603—
passim— G05, 607, 608, 614, 630, 675,
683; Just. P. 686; Just. S. C. 700,
709, 724, 725, 744.

Argalus 73.5

John 534 ; Capt., 642

Huntoon, Pliilip .57ii

H unter. Col 692

Hurd's or Heard's Garrison., .214, 223, 227

Husse, Ferdiuando 106

Hussey, .lolin ;'i2

Hutchinson, Elisha lo4

Col 352, 506

Impressing men 461, 463, 464

l)ro visions 4.S0

a shallop 495

Independency desired 342

Indians — no person to purchase land
of, 17 ; wars with. 4(;-,56; at Pena-
cook,47. 4h; massacre at Coclieco,
49-53; Salmon falls destroyed by,
55; massacre at Lamprey river,
65; tight at Mequoit, 56; at York,
&c,, 56; at Pemacpiid, 104; five
nations. 110. 344; treaty with
Eastern. 110-112; massacre at
Oyster river. 12.5-129, 136, 1.38, 14.5,
184; at Portsmouth, 189, 190, 2C6,

223, 244. 248 ; treaty with. 297-299 ;
names ami marks. .300; meeting
with. 317,318; suspected, 324, 325,
347, 362; conference with, 393;
danger from, 415; reward for
scalp. 418. 428. 480; victory over,
492, 49(;, 497, 565, ,50(!, .590, 598, 6.34,
041, 649; i)eace with, 650, 660. 674,
094, 695. 699; visited by Gi>v.
Slitite, 709; conference with, 715,
731. 743, 745.
Instructions to (iov. Samuel Allen, 63-f)0

to (lOv. Joseph Dudley 580

Ireland, families from 7t8

Isle a Shoales ; 71, 240, 4^3

Jackson. Benjamin 112

Ephraim 178

Mr 344

John 38, 77, 100; sen,, 175. 6.39

Tho .36, .38

Samuel 178

Daniel 386

Jaffui:y or Jeffrey, Geo., 1,50, 196,
2-20, 243, 257. 264; of the Council,
380; suspended, 394; answer to

charges, 396. 447. 460, 472, 483,
485. 494. 573, ,578. 605. 689, 696,
698; Just. S. C, 700,717.720,723,
724, 725, 730, 733, 734, 737.

James 033,699

Mrs. Hannah 381

Jameson, Mr 22

Jelkings. Elea/er 5.33

Jenkins. Kowlaiul 246, 274

Slei)heu 37

756

INDEX.

Jenks, Jolm, of Andros' Council 13

Jennings, Francis 4J3

Jocelyn, Henry 530

Johnson, Edmund 39

James 240, 739

Johnston, John 37

Jones or Joaues, Beuj 3C

Danl 90

Francis 38, 175, 178

Jenkin 37, 5.33

John 559

Joseph 519, 550

Richard 259

Stephen 3T, 40, 42, 321

Thomas 90, 94, 96

Sir Wm 22, 532

Jordain or Jorden, Lt 22

Robt 90, 94, 96

Sam 673, 674

Jose or Joss, Richard, sheriff, 72, 73,
86, 89; Mr., 118, 18l', 193, '.01, 208,
213, 220, 250; removed, 281, 316,
317, 305, 379, 395, 401, 450, 485,
550, 723.

Joyce, James 90

Judkins. 36

Jnliraatt — Indian 48

Jurymen, names 554

Kane, Mr 22

Kankamagus— Indian 48

Kaser, Ed 37

Katherine, ship 384

Keats, Samuel 39

Keeas or Keis, Saml., 80, 88, 170, 193,
198, 534.

Keerick, Edmund 38

Keller or Kelley 35

Kendall, James 150

Kennard, Edward 84

Kent, Joseph 37

Kettermogis 112

Kin, William 36

Kinckbon, Robert 38

Kingston, grant for towiiship. 119, 131,
132; resettled, 405, 4"J0, 570, 588,
598, 728.

King, Daniel, Capt 56

Kiniston, John 30, 717

Kitlery .55

Knight, ,Jno 193, 194 ; Capt. 420, 559

Kathan 571

Nathaniel 106

Richard 89

Knowles, John, jun 442, 519, 550

Laconia 526

Ladd, Nathaniel 30

Robert 79

Lahane 638

Lambert, Philip 401

Lamprell, Benjamin 570

Daniel 441,534

Settlement at river 724

Lane, John 3.s0

Sampson 530, 531

Thomas 90

William 39

Latin, Mr 22

Lang. Capt. Jno 273

Natt 672,673

Langdon, Tobias, 38,40; Lt..72; Capt.,
202; .Tust. P., 321; 400, 402, 413,
426, 590.

Langmaid, Hen 201

Margaret 271, 275

Samuel 90

Langstatfe, Langster, or Lancaster,

Henry, 36, 510, 529, 541.
Larance or Law ranee, David, 30, 259, .530

Lava<lore, Mons 074

Lavers, Jacob 38, 170

Lavis, John 94

Laws, to be copied, 84; demanded, 87;
published, 100; disallowed, 332.

Layton, James 106

Leach, James, 90; sen., 94,90,300,554,
638.

James, jun .554

John 90,94

Lee, AT>raliam 50 ; Mrs., 50, 500

Nehemiah 36

Leeds, P 122

Legroe, Peter 038

Lethers, Edward 37, 554

l.etherby, Thomas 201, 691

Letter, from Edward Randolph, 14;
Nath. Weare, 43-46; Maj.Hirch-
man, 47; Richard Waldron. jun.
50; Gov. Bradstreet, 53; Saml.
Ajipleton, 55; to Gov. Conntcti-
cut, 105; about mast trees, 122;
massacie at Ovster river, 128;
from John Usiier, 135, 1.36, 144,
145, 151, 184, 186, 189, 190, 19.5,
209, 210; to Wm. Phipps, 137;
Isa. Addiugton. 169, 173; Capt.
Woodman, 175,176; Wm. Stough-
ton, 1,58, answer to, 159; 205, 218,
223, 226, 234-6, 297 ; from his Ma-
jesty's Council, 194; board of
trade, 216; from Prest. and
Council. 233; Ichabod Plaistcd,
204; to Lords of trade. 206, 207;
to Earl Bellomont, 337-342; Gov.
Dndlev, 408, 492, 503. 513. 590,
593, 001, 622, 623, 619, 656, 059, 003,
660; Queen, Anne, 409; of Col.
Hilton, 506; Gov. Burgess, 677.

Levitt. Leavitt or Lovett, Johr 31, 39

James, serj., 109, 170, 175, 181;
coroner. '235. 237, 321, 495; con-
stable, 497, 587.
Moses 36, 246, 321, 533

INDEX.

(07

Thomas 176

Lewis, Abraham 38, 502, r.()5

Joliii a'.», 89, 'M, '256, 554

Jonathan 38

riiilip :i!»

Thomas 37, UUi

Lexington, Lil 337

Libbc, Daniel I<t6

■lames 178

John 1()(>

Matthew 100

License tor marriage 18

tor the press 19

Ligh(, John 39

Lindsey, Wm 540

Line Itetween tlie Provinces, 113, IGG,

l{;s, 173, 085, 730, 732, 730.
Little Harbour 437, 402, 530, 531

Little, Wm f.34

Lot:k, .John 217, 4C.2, 554

Loe or Low, John 03, 252, 250, 543

London 80

Long, Geo 123, 142, 144, 145

John 80, 82, 134, 142, 144

Kobert 073, 674

Longfellow, Nathan, 730; constable,
7.38, 742.

Lorraine 437

Lord's <hiv, i)rofanation of 109

]^olhrop. iJarnaby, of Andros' council. .12

Lovell, Splan 38, 182

l^ubberland 103, 124, 147

Luce y, Tho 38

Lunt, Daniel 50

Lvdgott. Lt. Col 22

Lyford, Francis, 36, 79, 564

MacKeen, Mr 736

James 738

Mack, Maj 269

MacGregory, Lt. Col 22 ; Mr., 732

MacPhacdris 727

Madaiibis— Indian 112

MadoL-kawando — Indian 112

Magoou or Mogoon, John, 269, 271, 272,
274.

Mallagash G74

Manning, Capt 22

?<icli.)las 112

Manslield, William 96

Marblehead 618

March, .John, Capt., 56; Maj., 247, 249,
269; Col., 420,506, 507.

Hugh 106

IsniL'l, Doct 419

Maramusiiuand — Indian 47

Harden, James 90

John 90, 94, 96, 134, 245

Thomas 90, 221

Marchall, Thomas 90, 96

Markficld, John 246

Marriage licenses 18

Marston, Maston or Mastin, Ephraim,
32, 360, 411, 442, 519, 550.

Isaac 39, 554

Janies 32

Jonathan 442, 559

Jos 246, 256

Samuel 31, 321, 543

Thoma.s 5.54

Wm 554

Marsh, Hen 148

Marting, John 90

aiartvn, Richard, 30, 38, 41, 51; Just.
P., 72; Mr., 92; Selectman, 97;
death, 116.

Mason, Mr 14, 23, 352, 531

Mrs. Ann 531

David 548

John 131

Josejdi 182, 531

Hob. Tufton 515, 528, 5.35

llohert 515, 532, 535

Tutlon 5.35

Will 531

Masonia 536

48*

Mast-ships, seized 142, 144

Masts, for ships 350; trees, 577, 684

Mather, Rev. Cotton 25

Mathews, Benjamin 37, 5.54

Capt 148

Fran 148, 519, 685

Maundy, Richard 291

May, Edward 253

Mead, Nich 732

Meadows, Ph 217, 329, 333, 337, 583

Meeker, James 253

Meder, John, jun 37

Joseph 37

Menis 674

Menzies, James 517, 552, 559, 560, 671

John 690

Menserat, Jos 90

Merrimack river 635

Meserve, Clem 182

Messer, Ed 36

Millard or Miller, Paul, 73, 77, 78, 81

Miller, John, sen 106

MiUcs, Jarainy 99

Mills, Richard 569

Mill-dam 585

Jlilitary force in towns .584, 591

Militia at Hampton, 103; at Ports-
mouth, 103.

Ministers 109

Minutes of Council 70-202

M isvoy , Isscm 39

Mitchill or Miehill 83

Robert 387

Moccasins 493

Mogg — Indian 734

Mont-Real 598

Monckton 583

Mon.son, Richard 38, 70

Montague, Chas 122, 195

Montess, Capt 385

Moody, Capt 695

Rev. Joshua 25, 92, 93

Saml 90

Moore or More, Danl 182

Will. Ens 33, 36. 40, .534, 5.59

Morgan, Richd 533; jun., 36

Widow 35

Morris, Tho 148 ; Capt., 449, 455

758

INDEX.

Morse, Obaliah. 39, 97, 119, 158, 170,
(Muss), •2io.

Moultou, Benjamin 39

DanI 131,442

Henry 30, 32

John, sen., 39; Jun., 39, 40; Ens.,

71, 131.
Joseph 39

Josiah, sen 721

Robert 442, 559

Mount Desert 436

Mounteas, James 285, 322

Moxis— Indian 318

Muckamug — Indian 47

Munden, John, Capt 334, 336

Musgro ve, C 600

Nantucket 78

Xantaskett 596

Nares, Nicholas 36

Nason, Willobe 179, 182

Nay, John 246, 256

Nayl, Henry 253

Neal, Samuel 38

Walter 38,40, 529, 530

Negro murderer 40

Negros or Negus, Isaac, Capt., 236, 237,

247, 256, 269.

Nelson, John 21 ; Mr. 47

Mattliew 38

Newberry, volunteers 55, 127, 141, 618

Newbury, Walter, of Andros' Council,

12, 13.
New Castle, charter of, 107, 110,116,

149; bounds, 154, 155, 221, 229,

2.30,237, 445.

Newfoundland 79

Newichwannock 127, 598

Newman, Mr 622, 719

Newton, Thomas, Sec, 73, 75, 87, 312;

Judge of Admiralty, 391, 548.
Nicholson, Francis Col., 594, 601, 602;

Gen., 611, 616, 618, 619, 6i;6, 629,

655, 656, 660, 662.

Nitamemet — Indian 112

Nonsuch, ship lOO

Nonville, Marquede 24

Noraway, James 246

Noridgawack, 453, 454, 455, 491, 492, 568, 695

Northey, Ed 516, 556

Norton, Francis 530, 531

Nottingham 29, 407, 551

Nova Scotia, trade with restrained,

2-23, 502, 505, 507, 611.

Noyes, Oliver 699

Tho : 541,563

Nudd, Samuel 442

Thomas 31

Nuttield, settlement 733, 736, 738

Nutter, John 36

Oath of allegiance to Council 12

form of. 87, 88, 191, 312, 320, 665

Odihorn or Odiorne, John. 90

Jotliam 90, 706; Capt. 726

Odlin, Kev. John 688, 728

Oliver, Blackwell, Capt 14

John 38

Richard 90

Ombakegoa — Indian 734

Order for election of Representatives,
283 ; of Council relating to Allen's
appeals, 341 ; her Majesty's, 544.

Ordnance, supply of 599

Ordway, James 515. 540

Origin of French and Indian war .. .46-56
Oshaw or Ushaw, Daniel 94, 96

Osgood, Edward 179

Otis, Richard of Cochecho 49, 50

Hannah, wife 49, 50'

Nathaniel 50

Stephen 49, 50, 554

Ounsakis, Phill — squaw 112

Owen, Doctor 352

Margaret 381

Overthrow of Andros' government 20

Oyster River, 55, 85, 124; destruction
of, 125 ; garrisons, 126, 138, 140,
143, 149, 155, 161, 162, 169, 171,
172, 174, 175, 176-180, 201, 221,
225, 246, 436, 565, 566, 581, 034,
656 ; a Parish, 718.

Packer, Dr 246, 257

Thomas, 37, 91-104, 106; Capt., 112,
114, 124, 128, 130, 133, 139, 146;
Col., 185, 190, 192, 196, 204, 207,
263, 265, 401, 422, 424, 455, 460,
465, 467, 477, 484, 486, 488, 554,
563, 570, 579, 620, 655, 661, 670,
682; Just. P., 707, 741.

Page, Christopher 442

Francis 176

Paines, Thomas 51, 90, 94, 96

Palmer. Judge 22

Christopher 30, 154, 157, 530, 554

Sir Jeftrey 515, 531

Papers— Earl of liellomont 343-358

Paquaharet— Indian 112

Parclier, Elias 179

Parker, Benjamin 90

Thomas 90, 94, 95

Parsly, Agnis 747

INDEX.

759

Riclianl 74S

Parsons, J. S.,. 33

Josepli 42

Partriilyi) or PatrUIgc, Julni, 38, 39, 519,
(V)il, 71(5.

Jaiiius 534

Kichard 530, 554

\V 38

WiLLiAJi, 39; Trea8.,73, 129; Mr.,
160, -iO'J, 210, 217, 21«,224 ; Commis-
siou, Lt. Gov., 259, 201, 207, 273,
v' 270, 279, 287, 292, 315, 317, 32H,

345, 347, 351-357, 301 ; Oath, 370,
377, 38M, 394; horse riil to death,
400, 400, 407, 408, 413, 574.

Paul, Moses 90; London, 719

Passes, order relating to 337

Peace , 644, 652, 059

Pearson, George 35, 533

Peck, Nathaniel 18; Mary, 18

Peiuacjuid Ibrt 28, 40, 104

order respecting 16

Penhallow, Samuel, 39, 41, 170,
193; Just. P., 321, 324; Treas. of
Council, 376, 378, 3S3, 392, 402,
414, 4.33, 443, 457, 459, 460, pas-
sim, 407-686; Just. S. 0., 700;
oath, 700, 708, 709, 720, 724, 730,
744.
Penny, Mr. Clerk, 71; Capt., 118, 124;
Henry, 203; Sec, 213; Not. Pub.,
231, 238, 243, 251, 256, 274, 320,
383, 401, 517, 534, 573, 671.

Pentagoet 47

Pepperill, Andrew .Wi

JJIr 513

Wm 500; Lt. Col., 692

Perkins, Ebenezer 30

Hum phrey 39, 5(i7

Jacob 31

Permitt, Hannah 25(5, 257, 274, 275

Perry, Michael 74

Pest-liouse 716

Petition of N. Hamp. to Massa. Gov-
ernment, 40; answer to, 41, 42;
inliabitants of Great Island for a
town, 91, 94, 95; answer to, 96;
of Jolin Woodman and Capt.
Gerrish, 102; of Geo. Long, &c.,
142; of Wm. Graves, 147; of
Duncan Campbell, l.W; of John
Dam, 197; of Wm. Furbcr, 201,;
of Coasters Sloops, 509 ; of Hamil-
ton, 009, 670; of John Redman,
669 ; of Natt. Lang, 672 ; of Hamp-
ton Falls, 714; of Hugh Adams,
718; of Parish of Greenland, 739

Philbrook or Pliilbrick, James 108

Joiiallian 39, 543

John 38

Tliomas, sen 39; jun., 131

Philips, James, 221, 422, 436, 447, 448,
475; Capt., 478, 488.

Wm 673

Philpot, James 90, 707

Phipps, slicrifl' 678, 699

Thomas, 443; Mr., 400, 587, 590;

of the Council, 696, 723.
Sir Wm., 25, 91, 99, 101, 102, 104,
111, 113, 114, 124, 125, 135, 141,
2.33.
Pickering or Pickerin, Capt. Jolin, 32,
34, (sou.) 38, 40, 41, 44, 72, 73, 71,
75, 87, 91, 93, 97, 114, 121, 231,

240,250; (Jun.) 277, 2«4, 291 ; JuBt.
P., 321, (jun.) ,58, 210, 212, 213,
300, 420, 400, 404, 405, 4>S9, 4<M),
520, 534, 559, 574, 570, 587, 006,
687, 089.

Pierce, Lt. Col 127

Capt 078, Mr. Joseph, 743

Tho 740

Pike, Kev.John 55; Mr., 246

j\laj. Robert 51, 52

Pinclioi), Col 3.52

Pinder, .Joliu 4.57

i'iner, Jno 148

Piiikliam, Nath 3G

Pipin, Knsign 22

Piracies 339 ; accessories to, 340

Pirates 194, 340, 342, 437, 702

Pitman, Francis 37

Jolm : 37, 201

Nathaniel 291

William 38; Mr., 303

Piscataijua 479

Plaistki), Elislia 38

Ichabod. 203; instructions to, 264,
205, 20!), 270, 272; Dep. Survr.,
801, 303, 384, 397, 574.
John, 38, 106, 201, 259; Just. S. C,
322; of the council, 370, 378, 404,
447, 403, 483, 485, 543, 507, 576,
577; Just. P., 686.

Pollexfens, John 217, 329, 333, 337

l^omroy, Wm 246

Poney, Tliomas, Maj. Gen 392

Popple, Wm 329, 729

Porpus, Cape 442

Port Royal, 200, 494, 503, 504, 566, 611,

613, 617, 629, 621, 623.
Portsmouth, a port of entry, 18 ; pro-
ceedings at, 34; men raised, 127,
149, 445; in danger, 586; trouble
in, 005, ass, 723, 724.

Portugal, trade to 354-357

Post, from Virghua to Boston 100

from Piscatacjua to Boston. . . .100, 101

Office 109, 157, 158

Potle, Chr 214

Povey, John 329, 332, 333

Powder at Newcastle 229

Powell, Robert 36

Samuel 35

Prebble, Capt 641

Preson, Will 178

Preston, Lord 23

John 182

Prey, Samuel 507

Priuce of Orange 29

Prior, A 329

Math 333,337

Privateers 578

Proclamations, 188, 228, 252, 277, 282 ;
of Peace, 297, 303, 327, 304; of
War, 403; for Fast, 404, 432;
about coin, 451, 511; deserters,
513, ,590, 002; for Fast, 013,020,
627-631, 048; for Thanksgiving,
640, 629, 015, 034, 642, 644, 047;
trade with Indians, (i50; of
Peace, (!.52, 653, 059; for Fa,st,
057, 007, 072.
Protestant succession & association . . .258

Prout, Kbenezer 41, 53

Province of New Hampshire, unsettled
state of, 29; atidre,>is of iuhabi-
touts, 34 ; Seal, 407, 4C9.

760

INDEX.

Provisions, scarce 178-180

for garrison 1S8

Pudiliiigtoii, Kobert 38

Thomas 38

Purmitt or Purmott, Hannah 301

Joseph 554

Puttenc>, J 583

Quampscutt or Swamppcott 688 i

Queen ANNE, letter from 469, 548

Council names 545

Letter to Gov. Dudley 469

Order 610

MAKY— her death 152

Quota of men in diftereut Provinces. . .358

Ramsdall, Thomas 238

Kami, Francis 38

John...* 37,5.54

Samuel .38, 90, 94, 96

Randal or Kendel, Edward 90, 96

Jacob 90, 94, 262, 263

James 89, 103, 107, 245, 360, 554

Kandott, Joseph 684

wife, Martha 684

Randolph, Edward, 11 ; Sec, 12, and
register, 13, 14; Letter to Lord
Treas., 14 ; license for marriage,
18; Coll., 20, 22; letter, 22, 25,
29, 119,312, 384, 385,398.

Rates of foreign coin 592

Ravencrofr, Capt 20, 22

Rawliiig or Rawlings, James 182

Ichabod 36

Josei)h 559

Samuel 106

Thos 30

Read or Keed, Hugh 597

Jno 246, 273

Jos 90, 94, 2.56

Thomas 35

Recruits, levied 742

Records, of Council, 203; missing, 295,
296, .302; demanded, 411, 414:
Book, 442.
Redford, Wm., 99, 114; Dep. Sec, 129,
132, 141, l67; Capt., 170, 175, 180,
181, 183, 186, 192, 196, 197, 212,
226.

Redknapp. Capt 463, 478; J. 579

Redman, John. Jun., 30, 259, 441, 515,
529, 554, 669.

Rendezvous-point 83, 431, 437, 462, 5-30

Richard, barque 637

Richards, Je.stenyan 39

John 21

William 38, 106

Ricker, George 38

Maturin 36

Kimes, Samuel 83, 85

Kine, Lewis de 322

King, John 485

Jarvis 517, 552, 555, 671

Ringe, Daniel 051

Robv, or Robay, Henry 96, 554

Ichabod 246

Sarah 269

Samuel 39, 4-11

Roberts, Dr 22

George 36

Hatevil 36,321

Joseph 36

John, Left 33, 37

Thamas 36, 37, 516, 533, 542

Capt 735

Robeson, Robertson or Kobinson, Da-
vid..... 37

James 90, 94, 96, 274, 554

Jonath 533

Steven 35

Rogers, Daniel 643

Nathl, Kev 383, 404, 088

Richard 106

Romer. Col., 346, 411, 423, 435, 437, 444;
Wolfgang, 445, 452, 457.

Romney 195

Koscar, Roger .37

Rose, widow 490

Roger 569

Ro we, Ed 35

Rich 36

Rowell, Philip 56

Rowlenes, Samuel 36

Rowley 54, 55

Kuar, Maturin 740

Ruicard, Daniel 39

Rumry, Mathey 90

Kusseil, Henry 554

Sable. Capp G74

Sackford, Samuel 106

Saeo or Sacoa fort 318

Sadler, Joseph 240

Sagamore creek 96

Sagamores, names 299-300

Salem 51

Sallawav, Hen 245, 24T

Salmon Falls, destroyed 55, 496

Saltoustall, Gov 601

INDEX.

iCA

Samson, John 90

Saiibaiirii. Saiiburn or Sanbourno, Ben-
jamin 131

John 3!>

Joseph H9

Meiiliibosheth 31

Nathaniel 39, 131

Steplien 442

"William, son 30, 32

Samlfis, .loseph 50

Sargcant, iJciij inc

Jno 178

Kathaniel TOC

Peter 21

Savage, Henry 106

John 38

Sawmills .358

Sawver, Sir Kobert 23

Scaiiock— Indian 300

Scamraon, Will 36

Sohoiiberg, Duke of. 544

School, Latin 651

Scott, Elizabeth 443

Scotch-Irish 718

Scouts, '2.30, 2.32. 247, .362. 363, 364. 393;
Indian. 447, 46fi, 482, 496, 581, 582,
585, 590, 624, 693.

Scribner, John ,36

Searle, John 90

Seal, Prov 610, 717

Seavev, Sevy or Seevey, Beuj 90

John 38, 90, 554

Nathaniel 3S

Sanil 94, 96

Thomas 90, 94, 96

Wm 38, 89

Selectmen, Act for choosing 17

Scwell. Edwaril .554

Sliackfird. Jno 201

Samuel 740

"Wm 182

Shannon. Richard .36

Sharj), Wm 99

Shaw, Dan 90

Joseph 32

Samuel 39

Sheepscoat, John 112

Sheife or Sheafe, Sampson. 275; com-
mission, 278, 282, 284, 290, 295,
315, 384, .385, 390, 394, 400, 412,
493,. 529, 558.

Sherborne or Sherbourn, Henry 38

John 37; sen., 39, .321

Mrs. Love .386

Samuel 31, 39, 41, .56

Sherloclc, J.anies '. 22

Sherlott, Francis 99; or Shallott, 475

Sheward. Joseph 106

Ships in New Hampshire 3.56

Short, Capt 91,101

Shrewsbury 122, 343

Shrimpton, Samuel 21

SUUTE, Sa.mtel, Gov., 695; Com-
mission. &c., journey, 096, 698,
704. 726, 744.

Simi>son. .Joseph 727

Sinklee or Siiikler, James .36

John 35; jun., .35

Skees, Thom.as ,36

Skipway, John 37

Sleeper^ .\aron .39

Small, Francis 515, .529

Small-pox 715, 740

Smart, Elisa 249

Robert 35; jun., 35.

Smith. Daniel, of Andros' Council 12

Ebenezer .» 148

Capt. of Gosper 400

James 37

John, 32, 39; Lt., 71, 1C6, 183, 321,
7.38.
JOSKi-ir. Esq., 32. 104. 166. 1G«,
175, 179: !\Iaj., 199, 202, 2-.'2, 4<>2 ;
of the Council, 203, 2115, 207, 208,
26:i, L'r,5, 27M, •.'86. 290. 294. .301, 3i 4,
.305, 480, 495, .508, 513, ,5.30, ,565,
566; Justice, 587, 0-.'4, 625, 643,
675, 680; Capt., 113; Mr., C91 ;
Col., 697.

Robert 68T

Theo 36

Smyth, at Oyster river, garrifion 237

Sergt 269

Snell, (Jeorge 38, 106

John, 38, 169; serj., 170, 181, 262,
321.

Mr 92

Saml 246

Snow-shoe* 493, 496

Soldiers, to be raised, 103; from Boston,
127, 140; wages, 183; due to, 196,
220; in garrisons, 237, 245; at
Oyster river, 253; impresseil, 461 ;
number quartered, 585; desert-
ers, 025.

South.'ick, Cvprian 300

Southwell, Edward 341, 545, 604, 605

So ward or Seward, John 182, 240

Sowter. Mr 39

Speeches, Lt. Gov. Usher, 119. 120, 208,
589, 595, [Gov. Saml Allen 286;
answer to, 288, 291 ;] 599, cm, 616,
618, 620, 675; of Lieut. Gov.
Vaughan, 702, 704, 706.

Spencer, Humphrey 554

Spy vessels 586, 589

Squire, Barnard 37

Stamford, 583; Ld., 3,37

Staniford, Wm 669

Stanton, Beuj 740

Stanvan, Jacob 720, 722

John 166

Stepney, Geo 329, 333, 337

St. Castino, Baron de 46

St. Christopher Island 46

St. Croix river 46

Stacey , Mark ,36

Stephens, .Foseph 384

Stevens, John 90

Stileman, Capt 72 ; Maj., 86, 88

Lucy 256

Richd 182, 183, 247

Stokes, Isaac 36

Storer, Saml 82

Storv, Charles, 206. 209, 210,211,212,

" 213, 217, 320; Secv, .328, ,365, 379,

365, 379, 383, 384, 395, 5(»3, 51.3,

517, 560, 619, 666; deed, 070;

sketch of, 670.

Stower. Joseph 36

Stoughton, William, 10; of .Andros'
Council, 12; Esq., 126, 1.35, 161,
163, 165, 166, 167, 173; Mr.. 189,
20.5; Lt. Gov., 220, 229, 244, 248,
297.

Stratliam, town 691

Stratton, Mr. G. and Wni 20.3

Strawberry-Bank 71, 74, 190, 225, 247

762

INDEX.

Stricklev. Capt 401

Suniers, Maj G18

Siiranieisbv, Capt 4(12

Sunderland, Earl 23, 580, 5K2, 610

Swamscot Si; a township, 691

Swallow, Jolm 323

Swamp, great 22tj

Swett, Ben 82

Geo 97

Joseph 321; Lt., 420, 746

Moses 168

Sarah 746

Symons, John 35

Taller, Col 692, 693

Tankerville 195, 217

Tar in New Hampshire 348, 349

Tarlton or Taulton, Kieh 90, 94, 96

Tasker, William 436

Tay, Capt 101

Taylor, John 39, 122, 134, 142, 162, 163

Jos 246

William 36

Tax 19

Tebbets or Tijipetts, Lieut 504

Samuel 246,543

Theod 256

Thomas 37

Tebley, George 38

Temple. Sir Thomas 47

Thanksgiving, Pnblick, 188, 205, 227,
261, 281, 325. 359, 382, 392, 4.50,
470, 487, 602, 615, 628, 646, 695,
698. 713, 720, 744.

Thing. Jonathan .36, 40, 71, 104. 533

Samuel 36; Just. P., 687, 706

Thomas, Arch Bishop 260, 312

Benja 246

James .35

Thompson, Robert 565

Thwing, Capt 127, 130, 133

Ticknor. .John 80, S3

Tilton, Daniel 39, 242. 257

Timber in New Hampshire. .338. 340,
341, 347. 350; value of, 351, 353;
waste of, 354.

Tobpy, Alvan Rev 147

Tom,' Capt. —Indian 48

Toogood, Edward 463, 465, 543

Torlington or Tarlington, Richd., con-
stable 134, 183

Tou.se, Francis 131

Towle, Philip 30

Town-meetings, once a year 18

bounds, 270; committee to .setile,
360, 430.

Trabiganda. or Cape Ann 536

Trading houses 056

Traform, Foster 90

Henry 90

Treaty with P'astern Indians 110

with Algiers : ,334

At Utrecht 644

Treenick, John 38

Trettrev, Capt 22

J<d)n 29

Trenchard, J 122

Trevethan, Foster 94

Henrv 94, 66

Trevor, Ld 544

Trial, Allen vs. Waldrou 514-562

Trooj>ers, dutv 431, 4.33, 581, 584, 598

Tru or True, Rich 246

Trundv. George 90

Tuck, Edward 669

John 39, 259, 721, 722,729. 730

Tucker, Francis, 90, 94, 96, 182, 183,
231, 247, 304, 424.

James 38

Jotm, sen 38; jun. 38, 170

W^dl 90

Tufton, John , 533

Robert 80

Tuttle, Lt. John, .32. 33, 40; Capt., 72;
Representative, 89, 161, 178, 179,
183, 193, 198, 201.202, 204, 207, 223,
245, 246, 247, 2.56, 257, 282, 304;
Just. P., 321, .324, 346; Com. to
run bounds, 360, 362, 426, 488, 542,
582.

Ensign 634

Tyng. Edward, of Andros' Coinicil 12

Jonathan, of Andros' Council 12

Unsettled state of the Province 29-46

USHEK. .Tno., of Andros' Council, 12;
Lieut. Gov., 63, lO—jjnssim: no-
tice of, 70. 1(0, 107. 114; want of
support, 115; wife -sick, 118;
speech of, 119. 120, 128. 1.32. 13.5,
1.38; letters, 144. 145, 151, 159;
Proclamation, 170; address to,
164. 1(^>7, 173. 184. 186-193, 197,
198, 200 ; speech, 208 ; commission

revoked, 215, 218; disturbance
bv, 219, 224, 259, 261, 2(;4-278 ;
claims a seat in council, 279, 287-
294, 305, 405; Ccminnssion, Lt.
Gov.. 406. 407; oath of office, 408;
speech. 415. 417, 423, 439. 440, 441,
473, 521 ; pav for services. 459,
467, 476. 482— j:;os«m— 561-676.
Utrecht, treaty of. 644, 653

Valentine. Jno m3. .540. 5.59. 671, 717

Value of lands in Kew Hampshire 3.52

Vaughan, Capt 433

George, 459, 516,557; Col., 677;

Lt. Gov., 678; Commission, 679;
and notice of, 680, ■696-698, 702,
704, 705, 706; irregular jircceed-
ings, 709; suspended, 710.

INDEX.

'03

William, 30, 30; MnJ., 32, 34, 41,
4K 51, r)4; of tlio Council, 73,
pasnim, 74, 1)3, !)7, 104, 124, 12!),
133, 140, 143, 145 140, 150, 150,
IS.', 184, 105, 207, 20!), 21G, 220,
227, 220, 23IP, 231, 232. 235-2!l5; ab-
sconds, 20G, 302, 304, 315; Just.
P., 321. 3^'5; Com. torun boumls,
3Git, o()2, 414, 472. 490, 500, 503,
500, .572. 575, 579, 585, G14.
Veasie, (jeorge 35, 559

Tliomns .35

Vernon, .lames' 330. 72'J

A'ussels from iMahie >5

in N 11., Boston ami New York.. 356

Vetch, Col 5!»4

Victories celebrated 389

\'irgiiiiii 79

Voilcril, Mr .WS

Voleiir, Capt 70

Volunteers 419, 420, 428, CI J

Wadlci;,'!! or "Waillee, Jonathan.. .360. 5.w

John 35,555

lioliuit 33, 35,41

Wainwi-i-rht, Col 500

Fiancis 009

Waki'oni or Waicome, John 39

Thonias 182, 193, 194

"VVaklron, Miij. Richard, 29, 47, 48;
killed at Cochecho, 49-51; 532,
,533, 541, 543, 724.
Mii., Juu., 34. 39; Esq.. 50. 51, 54; •
Just. P., 72; of the Council, 73,
})assim, 109, 113, 114, 140, 156,
182, 184, 195, 2i7, 232, 254, 259,
267, 272, 277, 279, 315, 317, 320,
341; fees, 3.59, 447, 491, ,500; trial,
Allen vs. Waldron, 514-,502, 588,
603; Oath, ()07, 621, 622, 686, 699;
Just. Inf. C, 700, 706, 724, 725,
734.

Nicliolas 38, 201, 246

Kichd. Jim 676; Col., 678

Walfoni, Jeremiah 90, 94, 99, 559

Joiix, of the Council 63

Steven 96

"Walker, Admiral Hovenden, 625, 626, 629

Capt 674

George 38, 197, 198, 543

Jno 247,302

Wallis or Wallas, George... .39, 90, 94, 90

William 39,94, 9G

\Vm 437,402,471

Mr 384

Wallev, John, of Andros' Council, 12, 104

Walton, George 515, 517. 529, 702, 725

Sh.VDK.MK, 37, 40, 91, 94. !)6, 104,
113, 114, 117, 119, 134. 141, 1.5G,
188; Cai)t., 195, 199, 208, 259, 262,
2!)4, 303, 305, 32i, 411, 418, 424,
.439, 464, 475, 477, 479, 4.^0, 4^0,
498, 507, 508, 5.54, 568. 571, 621,
633, Gil ; of the Council, 696, 700,
707, 713, 741, 743, 744.

Wannerton, Ciaj't 531

Wanton, Lt. Col ,507

Col. Wni 713

Wards Island 741

Warilen, John 38

Wassambonet — Indian 112

Waterhouse, David -'1

Jun 100,494

Kichard 38

Timofhv 178

Water or Walternummus — Indian .. . .6.;5

Watson. Kohert -.-.... ..37, .554

Jno 274

Wattaniimmou — Indian 47

Watts & Joyles 693

Waymouth, William 30

Wk.\u, Weare or Wire, Natha.mkl,
31. 32, 73; of the Council. 84, hO,
paxsim, 113, 166, 168, 205, 231;
Just. P., 277, 287, 288, 317, 321 ; to
run bounds, 360; oath, 376, 408,
491, 553, 686, 707,714.
Pktki!, Lt., 212, 213; of the Coun-
cil, 2!)7; Just. P., 700, 710, 721,
7-.;2, 7.31;.

Webber, K chard 38, 554

W^ebcues— Indian 112

Webster, Ebenezer 131

Thomas 39, 13;, .505

Wedgwood, David 30

Jiinathan 32

Weedene, Jonathan 179

John 78,81

Weeks, Joseph 24j, 739

Leonard 39

Samuel T39

Wells, Peter 38

A ttack on 56G

Wenobson — Imlian 112

Wenongahewitt— Indian 112

Wentworth, Benjamin, jun 685

(•apt 708,740

Daniel 33

Kzekiel 37

Gershom 37

John, of the Council, G36. 640. 6.56;
.Just.. G.58, 675, 687, 6!)8 ; J iist. Inf.
C, 700; oath, 706; Lt. Gov., 71i;
Commission, 712, 719.

Samuel 38, 51, 554

Silvanus 35

William 35, .50

Wintworth, John Capt 250

Wesbruck, .lohn 38

Westbrook, Job 38

John 39

Thomas, 431. .571; of the Council,
696, 731. 737.

West, Edward 738

Elisa 25(5

John 96; Capt., 134, 142, 144,145

Mr 22

Westall, Daniel • -38

W.-stcoat C>~i

Wharton, liichard, of Andros' Councd.l2

Wheeler. John 35

Wheelwright's Pond 56. 5,88

Col. John 7.36

Whiddcn. .lanathan 134

White. Capt 22

Nathan 90

Will ^0

Whitehousc, Tho 3C

764

INDEX.

■Wliitehall 581, 588, 533

Whitmore, Peter 423

Whyting, Capt 256

Wiggin, Andrew, 35, 272, 533, C91 ; Just.
P 706

Simon 35, 321

Thomas 35

Willard, Kev. Samuel 25

Secretary 736, 737

"Willcott 531

Willey, John 36

Stephen 37

William & Mary, King & Queen, 57,
88,152; King Wm., 171; attempt
to assassinate, 187, 258, 305; death
of, 364.

"Williams, Henry 35

liewis 38

Willimott. Edward, Capt 323

"Willson, Humphrey 36, 534

Jolin 36

Samuel 540

Thomas 519, 550

Wills, William 36

Wincal, John 597

Wincliley, Samuel 89

Capt 502,505, 508, 564

Wing, John 112

Wingett or Wingate, Mr 617

Joshua, Capt., 451, 455, 682, 683,
714, 721, 722.

Winnapessaaka 565

Winnepisioea 584, 585

Winnington, Sir Francis 22

Winthroji, Adam 21

John Fitz, of Andros' Council 13

Wait, of Andros' Council, 12, 21;

Judge of Admiralty 325

Winter Harbour 656

Withers, Daniel 540

Witton, Rich 540

Wittens, WOliani 37

Wonolanset or Wiolanset ; 47

Woodbridge, Jos 531

Woodman, Capt. John, 33, 37, 40, 72,
84, 102. 104; petition of, 115, 125,
139, 150, 161, 174, 176, 177, 178,183,
199, 202, 204, 207, 223, 237, 247,
256; Just. P., 321, 362, 426, 430.

Wool, export forbidden 387

Cotton-wool raised 390, 395, 397

Wright, Nathaniel 35

Wrighte 375

WviilRD or WlBIRD, ElCHARD, 502,

597, 640 ; of the Council, 696— jpas-
S(??l— 724, 730, 737, 741.

Young, Andream 540

Robert 56

Thomas 37

f .- . :

'''■ V

# •

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