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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 


" 


1 


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. 



19 



[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, 



86 



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. 



3T 



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, 



38 



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. 



39 



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 ) 

J 

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. 

6 



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 



90 



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 



96 



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 : ; 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 



28 



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. 

14 



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 6 

Allowed Mark Ayer for a soldier 6 

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. 

16 



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 


06 


01 14 


0101 



01 08 


2 


08 04 


4 


01 04 




01 10 





02 02 




02 05 


4 


o;] 


8 


01 04 10 


01 05 


8 


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 


1 


03 12 




03 16 




6 16 


5 


01 09 


4 


5 




37 14 


3 


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. 

I 



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 


6 


12 1 


9 


6 6 


9 


4 12 


4 


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 

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 

To Theod. Atkinson P. acct. 19 2 

To Jno Lewis bread for soldiers 10 

To widow Grafton entertaining a sick soldier 16 



1 16 





13 


8 


8 


6 


9 


6 


1 10 





13 10 


6 






1G07.] RECORDS OP COUNCIL. 257 

To 4 soldiers dismissed of Capt Negros' company go- 
iiiy liome 14 



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 





64 4 





16 4 


2 


4 7 


8 


10 




7 7 


6 


1 8 





1 





7 4 





14 


8 


27 14 


2 


122 10 





9 14 


i) 


77 15 





G 6 


9 


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 

17 



258 PROVINCE OF NEW-HAMPSHIRE. [1697. 

To tlie soldiers labor at the new platform, 

paid to Mr Atkinson 11 17 

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 



272 14 


295 7 7 


at 






56 17 10 




40 1 




35 13 1 




26 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, ) 

18 



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. 

19 



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 

20 



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. 



I 



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: 

For his care and trouble in receiving, £923: 17: 2, 23: 1: 
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 : 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 repai