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'I'ovhwial §mx$. 



DOCUMENTS AND EECORDS 



RELATING TO THE 



PROVINCE OF NEW-HAMPSHIRE, 

FEOM 1692 TO 1722: 

BEING PART II. OF PAPERS RELATING TO THAT PERIOD. 

CONTAINING THE 



JOUENAL or THE COUNCIL AND GENEEAL ASSEMBLY." 



PUBLISHED BY AVTHORITT OF THE LEGISLATURE OF NEW-HAMPSHIRE, 



VOLUME III. 



COMPILED AND EDITED BY 

NATHANIEL BOUTON, P. D., 

Corresponding Secretary of the New-Hampshire Historical Socictj', 



MANCHESTER : 
JOHN B. CLARKE, STATE PRINTER. 

1869. 



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 G, 18G6. 



EDITOR'S PREFACE. 



Although this third volume of Provincial Papers covers nearly 
the same period as the preceding volume, yet it will be seen on 
examination that the contents of the volume are materially differ- 
ent from the former. The one contains the Records of the Coun- 
cil, which was the Executive body in the Province, composed of 
the Governor and not less than five Councillors, who received 
their appointment and commission from the Crown. The Assem- 
bly was composed of men chosen by the freeholders of the re- 
spective towns, as their representatives or deputies, having author- 
ity to enact laws, lay taxes, &c., and constituted the Legislative 
branch of the government. All laws, acts and ordinances, how- 
ever, passed by the Assembly, must be concurred in by the Council, 
approved by the Governor and finally be sanctioned by the King. 

The ^^ Journal of the Council and Assembly " contained in this 
volume is a record of the joint transactions of the two bodies in 
relation to all business wliicli appropriately belonged to the Ses- 
sions of the General Assembly. ]N'o Journal of the House sepa- 
rate from the joint Journal of the Council and Assembly is found 
till 1711, and that is very meagre and incomplete till 1722. Occa- 
sional extracts are made from it, to supplement or elucidate the 
Journal of the Council and Assembly, but the Editor has not 
deemed it necessary or expedient "to publish it entire. 

In this volume, as in the i)receding, will be found, in chrono- 
logical order, many letters, papers, speeches and authentic facts, 



of much, historical interest and vakie, which the Editor has gath- 
ered from every available and reliable source, and for which due 
credit is always given. His intention has been to publish every 
official paper and document that can be found on record or on file, 
tliat serves to throw light on our Provincial History. 

The Province Laws, in this volume, from 1692 to 1702, (only 
two or three of which have ever before been printed) indicate the 
state of the Province and the manners and customs of the times 
to which they relate. In this respect they are of much value and 
should be carefully examined. 



GENERAL CONTENTS 



VOLUME III. 



Journal of the Council and General Assembly 
Letter of Lt. Gov. Stoughton of Massachusetts, 
Speech of Lt. Gov. Usher, 
Speech of Lt. Gov. Usher and answer to it, 
Speech of Gov. the Earl of Bellomont, 
Orders of the House, 
Answer to the Gov.'s Speech, . 
New Seal for the Province, 
A prison ordered to be built. 
Letter from the Earl of Bellomont, . 
Petition from masters of coasting vessels, 
Estimates of cost of building a Fort at New Castle, 
Letter from John Bridger respecting trees for tar. 
Quota of men in different Provinces, 
Province Laws, 

Journal of the Council and Assembly resumed. 
Letter from Queen Anne respecting salaries, . 
Col. Homer on repairs of Fort Wm. and Mary, 
Speech of Lt. Gov. Usher, and answer thereto, 
Samuel Allen's title to Province Lands, . 
Gov. Joseph Dudley's speeches. 
An act respecting pursuit of Indians in winter, 
Answer to Gov. Dudley's speech, 



1-163 

37 

42 

46-47 

66 

67-68 

71 

80 

88 

96 

104 

106-111 

115 

131 

164-228 

229 

251 

263 

269-274, 

275-276 

282-289 

290 

• 294 



VI 



GENERAL CONTENTS. 



PAGES. 

Samuel Allen's Petition, 297 

Queen Anne's Instructions to Gov. Dudley, . . 312-313 
Addresses to the Queen, .... 328,349,352,377 

John Bridger's commission as Surve3"or-General, . 334 

Memorial of John Bridger, 837 

Expedition to Nova Scotia — Fast, .... 339 

An act relating to Trooi^ers, 340 

Capt. George Yaughan, agent to England, . . 353-355 

An act for a free Latin school at Portsmouth, . . 365 
Letters from Gov. Dudley, .... 371,392,417 

Petition of inhabitants at Quamscott, . . . 405-407 
Petition of inhabitants in south part of Hampton, 408, 409, 428 

Expedition to Port Eoyal, . . * . . 435-440 

Speeches of Lt. Gov. John Usher, .... 443, 448 

Addresses to the Queen, . . . 445, 452, 493, 507, 547 

Speeches of Gov. Dudley, . 448, 462, 501, 511, 530, 540 

Capture of Port Royal — Annapolis, . . . 453 

Letters from Gov. Dudley, 458, 505 

Expedition against Canada, 478 

Instructions of Queen Anne, . . . - . 480, 489 

Instructions for Henry Newman, Esq., . . . 508 

Petition of Nath^ Weare, Esq., 514 

Petition of the inhabitants of Kingston, . . . 520 

Indian Treaty — Articles of Pacification (1713) . 543-546 

Petition of the inhabitants of Bloody Point, . . 549 

Addresses to the King, George I, . . . . 576-7 

Speeches of Lt. Gov. George Vaughan, . .601, G30, 649 

Petitions of inhabitants of Oyster River, . . 606, 714 

Notice of Sir Charles Hobby, 631 

Notice of Gov. Samuel Shute, 658 

Speech of Gov. Shute, 659 

Complaint of the Representatives to Gov. Shute, . 675 

Answer to the foregoing, . . . , . . . 677 

Petition of inhabitants of Portsmouth, . . . 684 

Indian Treaty at GeorgetOAvn, Me., 1717, . . . 693-701 

Speeches of Lt. Gov. Vaughan, .... 702-703 

Gov. Shute's speech against Lt. Gov. Yaughan, . 704 
Examination of Jos. Smith, Peter Weare and John 

Tuck, 710-711 

Speech of Lt. Gov. John AVentworlh, and Gov. Shute, 721,723 

Differences in Portsmouth exphdned, . . . 729 

Original letter of Gov. Shute, 752 

John Bridger, Surveyor-General, .... 759 



GENERAL CONTENTS. 

Apolog-y of people of Nutfield to Gov. Shute, 
Instructions to Ilemy Newman, Esq., agent, 
Speech of Lt. Gov. Wentworth, 
Additional Instructions to Gov. Shute, . 
Conflict of Laws with Massachusetts, 
Letter from Mr. Newman, agent, 
Address of Justices, &c., to her Majesty, 

[See General Index at the end.] 



Vll 

PACKS. 

770 
770 
801J 
813 
820 
832 
839 



NEW-IIAMPSHIllE 
PROVINCIAL PAPEES. 



VOLUME III. 



[Note. In the MS. volume which contains " The Journal of the Council 
and Assembly," in the office of the Secretary of State, the first forty-four 
pages are marked with numeral letters, which are also retained, for the sake 
of reference, in this printed copy. — Ed.] 

[p. I.] Province of New Hampshire. 

At a General Assembly, held of Ports- 
mouth, for the Province afores^ on the 
first Tuesday of October, 1692. 

Present, 
The Lieut. Governour, 
John Hincks, ) Peter Coffin, 

Nathan" Fryer, > Esqs. W'^ Yaughan, 
Eob^ Elliot, ) Henry Greene, 

The King's Lres. Patents were read to the 
and the Lieut. Governour made a speech to the effect fol- 
lowing. 

[Speech not on record.] 

Ordered, that the Secr^ make a dedim' potestatem to 
John Hincks and Richard Waldron, Esqs., to give the 
oaths appointed instead of the oaths of allegiance and 
supremacy, and the Test. 

Adjourned till to-morrow morning at 10 of the clock. 




2 PROVINCE OF NEW-HAMPSHIRE. [1692. 

Wednesday, 5*^ October, 1692, ) 
10 o'clock, ante meridiem, j 
P'^sent, 
The Lieut. Govern^ 

John Hincks, ^ Henry Greene, "^ 

Nathan" Fryer, I ^ W^" Yaughan, VEsqs. 

Rob^ Elliott, f ^^^^* Richard Waldron,J 
Peter Coffin, j 

All the above mentioned members of the Council then 
subscribed the Declaration appointed by act of Parliam*. 

Whereas several persons elected for the Assembly have 
this day refused to take the Oaths appointed by act of Par- 
liam*, instead of the oaths of allegiance and supremacy, 
according to the custome of England, by swearing upon 
the Bible, It is ordered that the oaths be administered 
to such of the Assembly as have so refused, by lifting up 
of their hands, considering the present troubles & circum- 
stances of affairs. 

M"" John Hincks entered his dissent from the aboves*^ or- 
der in the manner of administering the Oath. 

[p. II.] Ordered, that the name of Nathan" Fryer be put 
into the dedim^ potestatem for administering the Oaths as 
above, to the Assembly, instead of John Hincks, Esq., and 
that his name be erased out of the same. 

Mr. Richard Martyn, Capt. Elias Styleman, Capt. John 
Pickerin, Lieut. John Smith, Mr. Joseph Smith, Capt. 
John Woodman, Mr. Job Clement, Mr. W"' Furber, Jr., 
Capt. W™ Moore, Lieut. Samuel Leavitt, Lieut. James 
Blagden, were sworn to the above written order by Nathan^^ 
Fryer & Richard Waldron, Esqrs. 

The Assembly came to this House and presented Mr. 
Richard Martyn for their Speaker, which the Lieut. Gov- 
ernour then approved of. 

Mr. Speaker then acquainted this Board that John Hus- 
sey, an elected member from the town of Hampton, had 
withdrawn himself from the Assembly as not qualified in 



1692.] JOURNAL OF COUNCIL AND ASSEMBLY. 8 

not taking an oath, and prayed that a writt might he issued 
for the election of anotlier person, which was granted, and 
the Secre^ ordered to issue forth a new writt accordingly. 

Mr. Speaker desired a copy of the Lieut. Gov^ speech 
yesterday, and the Secre^ ordered to give him a coppy 
thereof. 

Ordered, that Major W™ Vaughan, Richard Waldron & 
Peter Coffin, Esqrs., join with the Committee of the other 
house in conferring together & drawing such order and 
orders as shall be thought most needful for the defence of 
this Province ag^* the common enemy, and that the secre^ 
be assisting to the s*^ committee as occasion may require. 

This house is adjourned until two o'clock to-morrow in 
the afternoon. 



Thursday, 6*^ October, at 2 o'clock 
post meridian, ejusd™ diei, 1692. 
Present, 
The Lieut. Govern^, 
John Hincks, ^ Henry Green, ^ 

Nathan^i Fryer, 1 ^ W°^ Yaughan, ! j^ 

Robt. Elliott, P^^^^^- and >^'^''' 

Peter Coffin, j Pich<^ Waldron, J 

Upon a Message brought to this Board from the other 
house by Capt. John Pickering & Capt. John Woodman, 
that complaint has been made to that house [p. hi.] that 
the soldiers in this Province belonging to the Massachu- 
setts Bay are destitute of provisions, prayed that this 
house, the Lieut. Governor and Council, would take the 
same into consideration. 

Ordered, that the Treasurer of this Province advance 
2oibs i^ Provisions for the soldiers at Oyster River & else- 
where, which said sume is to be defrayed out of the first 
money to be raised by act of the Govern'^, Council & As- 
sembly. 



PROVINCE OF NEW-HAMPSHIRE. 



[1692. 



In compliance with an order from the other house, re- 
solved that John Hincks & Henry Green, Esqrs., be and 
hereby are appointed a Committee of this house to join 
with such a Committee of the other house as they shall 
appoint, for establishing a settled revenue in this Province, 
and that they proceed on the same immediately. 

Resolved, that Nathan" Fryer & Robert Elliott, Esqrs., 
be and hereby are appointed a Committee to join with such 
committee of the other house as they shall appoint, for 
establishing Courts of Judicature and that they pr'ceed 
upon the same. 

Adjourned till 9 o'clock to-morrow morning. 



John Hincks, 
Nathan^ Fryer, 
Robert Elliott, 
Peter Coffin, 



Friday, 7*^ October, 1692. 
at 9 o'clock in y® forenoon. 
Pr'sent, 
The Lieut. Govern'", 

Henry Greene, ) 
F^nrq ^^'"^ Vaughan, [ Esqrs. 

^^^^^- Rich^ Waldron, ) 

[Blank 2 small pages.] 



Province of New Hampshire. 

At a General Assembly, held at Great 
Island for the Province afores^, on Wed- 
nesday, the first day of March, 1692-3, 

Present. 
The Lieut. Governor. 



Esqrs, 



Henry Greene, 
Nath. We are. 
Rich. Waldron, 



Esqrs. 



John Hincks, 
Nath. Fryer, 
Robert Elliott, 
Peter Coffin, 

Ordered, that the House be settled and that a Speaker 
be chosen. 



1693.] JOURNAL OF COUNCIL AND ASSEMBLY. 5 

[p. IV.] The other house called up, the Lieut. Govern^ 
made a speech to them. 

Ordered, that new writts be issued out to elect other 
representatives in the room of those who refused to sweare. 

Adjourned to Thursday, 2^ March, 10 in the forenoon. 



At a General Assembly held at Great 
Island, 2^ March, 1692-3. 
Present, 
The Lieut. Govern'', 
John Hincks, ^ Henry Green, ) 

Nath. Fryer, I -p Nath. Weare, V Esqrs. 

Eobt. Elliott, f ^^^^^* Rich. Waldron, ) 

Peter Coffin, j 

The other house presented M"* John Gillman for their 
Speaker, who was accepted and approved of by this house. 

The copy of all the fees as they were settled in the time 
of Sir Edmund Andrews being read, were allowed of till 
further order. 

A bill from the other house concerning the manner of 
swearing. 

Ordered, that the act concerning corn fields and fences 
be considered of and amended. 

Ordered, that the Bill concerning the manner of swear- 
ing be taken into consideration and that M"" Waldron be 
desired to bring the Laws of New York, that this board 
may consider of the same. 

Mr. Nath. Weare desires this Board would order that his 
Sureties Bonds, that were entered into to the Prison keeper 
for his appearance, might be delivered up, and that he may 
have liberty to sue for his damages. Upon reading his 
mittimus and Bonds it is ordered that Mr. Weare move it 
at the next Quarter Sessions. 

Adjourned to Friday, 3^ March, 1692, at 10 o'clock. 



6 PROYINCE OF NEW-HAMPSHIRE. [1693. 

At a General Assembly held for said 
Province, Friday, S^ March, 1692-3. 
Present, 
The Lieut. Govern^, 
John Hincks, ^ Henry Greene, ^ 

Nath. Fryer, I ^ Nath. Weare, U 

Robt. Elliott, f ^^^^^' William Yaughan, f^^^^^' 
Peter Coffin, J Rich. Waldron, J 

[p. v.] The other House sent up a Bill that the Oaths ap- 
pointed by act of Parliam* to be taken instead of the oaths 
of Allegiance and supremacy may be administered to all 
Male persons from 16 years old & upwards ; the which 
being read, was rejected, for that their maj'ties' command 
had sufficiently provided for it. 

Upon reading the Bill concerning the manner of swear- 
ing. Ordered that in regard it is but matter of seremony 
(the oath being the same) that the s*^ Bill be passed. 

Major Elias Styleman, Capt. John Pickring, Mr. Sam" 
Kease, Capt. Henry Dow, Mr. Thomas Fillbrick, Mr. 
Joseph Sweett, Capt. John Woodman, Mr. William Furber, 
Capt. John Gillman, Capt. Jonathan Thing, Mr. Thomas 
Dymond, Lieut. JohnTuttle, were all sworn and subscribed 
the Test, they being returned as Representatives. 

Ordered, that a Bill be drawn up for laying an Imposi- 
tion on all Boards and Lumber that shall be sent or ex- 
ported out of this Province to New England, New York, 
&c., and that the rates and Impositions be as followeth, viz : 



so proportion ably, ac- 
cordiug to tliickuess. 



Boards & Joyce, 


pm 


2s. 


Pyne Plauk, 


pm^ 


)4 
>-inch 


Oake Plank, 


p.« 


)5 


Wt. Oake Pipe, 


pm 


4 


White Oake Hhd. 


, p'" 


2 


Red Oake Pipe, 


pra 


2 


Red Oake Hhd., 


pm 


1 


Barrel Staves, 


pm 


1 



All heading to be accounted as staves ; and that the same 



1G93.] JOURNAL OF COUNCIL AND ASSEMBLY. 7 

be applied to the maintenance & defraying the charges of 
the Fort on Great Island. 

Ordered, the afores*^ Bill be sent to the other house for 
their concurrence. 

Adjourned to Saturday, 4 March, 1692-3, at 9 o'clock. 



At a General Assembly, held at 
Portsmouth, 4"^ March, 1G92-3. 
Present, 
The Lieut. Govern'^, 
John Hincks, ^ Henry Green, ^ 

Nath Fryer, i ^ Nath^ Weare, I -p 

Robt Elliott, f ^"^^^' William Yaughan, f ^^^^• 
Peter Coffin, J Rich Waldron, J 

[p. vl] The other House presented a Bill to this House 
for raising of 600 lb., and desire the concurrence of this 
House, to which this House concurred, and ordered Mr. 
Richard Waldron & Major W"' Yaughan be a commit- 
tee for this House, to join with the committee of the other 
House. 

Adjourned to Monday, 6'^ March, 1692-3. 



Province of New Hampshire. 

At a General Assembly held at Great 
Island, Monday, 6«^ March, 1692-3, 
at 2 o'clock post meridiem. 

Present, 
The Lieut. Gov^ 
John Hincks, ^ Henry Greene, "^ 

Nath. Fryer, I -^ Nath. Weare, I p 

Robt. Elliott, f^^^^' W- Yaughan, f ^^^^• 
Peter Coffin, J Rich. Waldron, j 

Ordered, that a Capt. be settled at the fort and that he 
be allowed 20 ^^ p^ Ann., and that a Gunner be likewise 
agreed with as cheap as may be. 



8 PROVINCE OF NEW-HAMPSHIRE. [1693. 

A Bill concerning Births, Burials and marriages being 
past by the other House, was read and ordered to be in- 
grossed. 

Adjourned to Wednesday, 8^^ March, 1692-3, at 10 
o'clock forenoon. 



At a General Assembly, held at Great 
Island, Wednesday, 8 March, 1692-3. 
Present, 
The Lieut. Govern'^, 
John Hincks, ^ Henry Greene, ^ 

Nath. Fryer, I ^ Nath. Weare, I ^ 

Robt. Elliott, f ^^^^' W- Yaughan, f ^^^^• 
Peter Coffin, j Rich'^ Waldron, j 

Ordered, That the Sheriffe give notice to Mr. Rich^ Mar- 
tyn and the Selectmen of the Town of Portsmouth, to at- 
tend this Board to-morrow at 2 o'clock in the Afternoon, 
there to lay before this Board an account of their making 
the last assessment for s"^ Town. 

Capt. Fryer having produced a Bill of his disbursement 
for ladder and other necessaries for the use of the fort 
and for drink given the men at mounting the guns, 
amounting to 2^^^ 7^ 6*^, Ordered, that the same be allowed, 
and that the Treasurer pay him out of the revenue of the 
Province. 

[p. VII.] Ordered, that the Judge adjourne the Court that 
is now sitting at Portsmouth, and that the Assembly men 
have notice to attend the General Assembly tomorrow, at 10 
o'clock in the forenoon. Adjourned to Thursday, 9"* 
Martii, at 10 o'clock forenoon. 



1693.] JOURNAL OF COUNCIL AND ASSEMBLY. 9 

At a General Asseml)ly, held at Great 
Island 9 March, 1G92-3. 
Present, 
The Lieut. Govern'*, 
John Hincks, ) Henry Greene, ) 

Robert Elliott, > Esqs. Nath. Weare, > Esqs. 
Peter Coffin, ) Rich. Waldron, ) 

Mr. Tucker's Bill of charges at their Maj'ties Fort read 
and allowed, and ordered to be paid by the Treasurer, 
being 10^^ 14» 6^ 

Ordered, that the Treasurer do forthwith take care that 
the Platforme at the Fort be repaired according to the in- 
formation given in by him. 

The Lieut. Govern^ gave his consent to seven several 
bills which were read and passed, viz : 
A Bill for suport of the Governme*. 
A Bill concerning the gathering of Rates. 
A Bill concerning the manner of swearing. 
A Bill concerning the Laws of the Province. 
A Bill to prevent concealing Estates. 
An additional Bill concerning Cornefields & fences. 
A Bill concerning Births and Burials. 

Prorogued to Tuesday, 25"^ July, 1693. 



Province of New Hampshire. 

At a General Assembly held by Pro- 
roga., at the town of New Castle, for 
the said Province on Tuesday, the 
25*^^ day of July, 1693. 
Present, 
John Hincks, Presid*, 
Nath. Fryer, '\ Henry Greene, ) 

Robert Elliott, S Esqrs. Will™ Vaughan, V Esqrs. 

Peter Coffin, ) Rich. Waldron, ) 

Bath Houses being met together, the President made a 
speech to them, that there might be a Committee of both 



10 PROVINCE OF NEW-HAMPSHIRE. [1693. 

Houses chosen to inspect all accounts of maintaining and 
defending the Frontier Garrisons & mounting the guns at 
the forte, and to report what money hath been already 
given and what other charge needfull. This house chose 
Henry Green & Peter Coffin, Esqrs., and the other House 
chose Henry Dow and John Pickring to be a Committee 
for the end afores'^. 

Adjourned to Wednesday, 26*^ July, at 2 o'clock. Post 
Meridiem. 



[p. VIII.] Wednesday, 26"^ July, 1693. . 

Present, 
John Hincks, Esq., President, 
Nath. Fryer, ^ Nath. Weare, ) 

>Ptobert Elliott, 1 ^ Will™ Vaughan, [ Esqrs. 

Peter Coffin, f ^^^^^' Rich^ Waldron, ) 
Henry Greene, J 

The Committee appointed to inspect the Accounts made 
their report how they found the same, but not having con- 
sidered what further charge the Province must be att, and 
what money was needfull to be raised, were ordered to meet 
again & consider of the same, and to make report thereof 
on Thursday, 27*^ instant, at 11 o'clock. 

Adjourned to Thursday, 27^^ instant, at 11 o'clock. 



Thursday, 27*^ July, 1693. 
Present, 
The Lieut. Govern"", 
Nath. Fryer, ^ Nath^ Weare, ) 

Robert Elliott, 1 ^ William Vauglian, > Esqrs. 

Peter Coffin, f ^^^'^^' Rich^^ Waldron, ) 
Henry Greene, J 

The other House being sent for up and attending, the 
Lieut. Govern'" made a Speech to botli houses, a copy 
whereof was ordered to be delivered to the Lower House. 
Upon reading a Letter written by Mr. Addington, Secr^ 



1693.] JOURNAL OF COUNCIL AND ASSEMBLY. 11 

of the Province of the IMassacliusetts Bay, dated 14"' July 
instant, signifying tlicrc lay ])cforc that l^oard the grievous 
complaint and petition of William Pepprill concerning his 
Barque called the Mary, & thereby desiring an answer, 
This House being sensible of no grievance, and not know- 
ing what the petition is, not having a copy, can give no 
answer thereto. 

Adjourned to Friday, 29"' July, 1693. 



Present, 
John Hincks, Esq., Presid*, 
Nath. Fryer, ^ Nath. Weare, ) 

Robert Elliott, I ^ W" Yauo-han, } Esqs. 

Peter Coffin, j' ^^^^' Jiich^ Waldron, ) 
Henry Greene, J 

Ordered, that Major Yaughan, Mr. -Waldron, pre- 
pare and drawe up a Bill for settling a Post Office in this 
Province ; and also that they consider of the Bill sent 
from the other House concerning gathering of Rates. 

[p. IX.] Ordered, that Mr. Henry Greene and Mr. Nath^ 
Weare prepare and draw up a Bill for maintenance of the 
ministry & Schoolmasters. 

Adjourned to Tuesday the 1'* of August, 1693, at 2 
o'clock, Post Meridiem. 



At a General Assembly held ditto. 
Present, 
John Hincks, President, 
Nath. Fryer, ^ Nath^ Weare, ) 

Robert Elliott, ! -^ AV™ Yaughan, V Esqrs. 

Peter Coffin, f ^^^''^' Rich. Waldron, ) 

Henry Greene, J 

The other House having sent to this House a Bill for the 
raising the sum of 200^''% upon reading the same a con- 
ference was desired to be had between both Houses, who 



12 PROYINCE OF NEW-HAMPSHIRE. [1693. 

being met the Presid* desired to know to what uses they 
intended the 200^^^ should be converted. Kesolved, that 
118^^^ should go to pay the Treasurer, and the rest to de- 
fraye the charge of the out Garrisons, which they con- 
ceived would be sufficient for 2 months. 

Ordered, that Mr. Waldron be excused from attending 
the House untill Thursday next. Adjourned to Wednes- 
day, 2^ August, 1693, 10 o'clock forenoone. 



Wednesday, 3^ August, 1693. 
Present, 
John Hincks, Esq., Presid*, 

Nath. Fryer, ) William Yaughan, ) -^ 

Robert Elliott, [ Esqs. Rich. Waldron, \ ^^^^• 

Henry Greene, ) 

The Bill for maintenance of the ministry, <fec., was re- 
turned from the other House without any amendment. 

The Bill for preventing the prophanation of the Lord's 
Day was returned from the other House, without any 
amendment. 

The Bill concerning the Post Office was agreed to and 
ordered to be engrossed. 

The Bill for raising the sum of 200^^^ was agreed to by 
both Houses. 

Ordered, that the Secr^ carry the s^ several Bills to the 
Hon^'^^ the Lieut. Govern"^ for his perusal & approbation. 

Adjourned to 10 o'clock, Friday, 5*^ August, 1693. 



[p. X.] Friday, b'"" August, 1693. 

Present, 
John Hincks, Esq., Presid*, 
Nath. Fryer. ) Will™ Yaughan, \ -^ 

Robert Elliott, [ Esqs. Rich. Waldron, j ^^^' 

Henry Greene, ) 
Both Houses being met it was put to the vote if the 



1G93.] JOURNAL OF COUNCIL AND ASSEMBLY. 13 

members of Coinicil should not be discharged of their 
Rates. Passed iu the negative. 

The Lieut. Govern'' being come to the House where both 
Houses being convened together, gave his consent to the 
five several Bills which were then read and passed. 

The Lieut. Govern'' made a speech to the other House, 
in answer to their answer returned to the Lieut. Govern' 
speech made to them Thursday, 27*^ July last, and then 
Dissolved them. 



At a General Assembly begun and held 
at the town of New Castle, the IS^'^ of 
October, 1693, for the said Province. 

Present, 
The Lieut. Governor, 
John Hincks, ) ^ William Yaughan, ) -^ 

Nath. Fryer, \ ^^^^' Eobert Elliott, \ ^^^^' 

Ordered, that Nath^ Fryer and William Yaughan, Esqrs., 
administer the oaths to the assembly & to see them sub- 
scribe the Test. 

Accordingly were sworn, John Pickering, John Wood- 
man, Job Clements, John Plaisted, Mark Hunking, Moses 
Leavitt, Theophilus Dudley, Shadrach Walton, James 
Rendle, Will'^ Waymouth, Wilham Furber, Daniel Tilton, 
John Redman, and Joseph Moulton, who all signed the 
Test. 

The other House being sent for and attending, were or- 
dered to choose themselves a Speaker. The Lower pre- 
sented Mr. John Pickerin for their Speaker, who was ap- 
proved of. 

The Lieut. Governor made a speech to both houses and 
recommended the same to their consideration. Adjourned 
to Thursday, 19^^ instant, at 12 o'clock. 



14 PROVINCE OF NEW-HAMPSHIRE. [1693. 

Thursday, 19^^ October, 1693. 
Present, 
The Lieut. Govern'', 
John Hincks, ) Henry Greene, ) 

Nath. Fryer, > Esqs. Peter Coffin, \ Esqs. 

Robt. Elliott, ) William Vaughan, ) 

Ordered, that Major Yaughan and Mr. Waldron prepare 
and draw up a Bill concerning Intestate Estates. 
Adjourned to the 20^^ October, 1693, at 2 o'clock. 



[p. XL] Friday, 20«^ October, 1693. 

Present, 
The Lieut. Govern'', 

John Hincks, ) Peter Coffin, ) -^ 

Nath. Fryer, [ Esqs. Henry Greene, j ^^^®* 

Robert Elliott, ) 

The other House being sent for and attending, the Lieut. 
Govern'" prest them to dispatch what lay before them. 

Adjourned to Saturday, 21^^ October, 1693, at 8 o'clock, 
forenoon. 



Saturday, 21^^ October, 1693. 
Present, 
The Lieut. Governor, 
John Hincks, ) Peter Coffin, 



Nath. Fryer, S Esqs. Henry Greene, j ^^^^' 

Robt. Elliott, ) 

A Bill for reviewing & continuing of an act for the es- 
tablishing a revenue for defraying the public charge of the 
Government, was agreed to by both Houses & past. 

A Bill concernhig intestate Estates agreed to and past 
both Houses. 

The Lower House being sent for and attending, the 
aforesaid two Bills were read and the Lieut. Govern'" signed 
the same. 

Prorogued to the 2^^ Tuesday in May next. 



1694.] JOURNAL OF COUNCIL AND ASSEMBL'x'. 15 

Province of New Hampshire. 

At a General Assembly held by pro- 
rogation, at New Castle, on Tuesday, 
the 8"^ of May, 1694. 
Present, 
The Lieut. Govern'*, 
Nath. Fryer, ) William Vaughan, ) p 

Kobt. Elliott, [ Esqs. Rich^^ Waldron, ( ^^^^• 

Hen. Green, ) 

The Lieut. Govern^* declared to this Board that he would 
be very willing to know if they had any thing to offer for 
the service of their Maj'ties or benefitt of the Province, 
At which the members were silent. 

The Lieut. Governor told them if they had nothing to 
offer, the King had given express command for building a 
place for security of their Maj'ties stores ; and since the 
Assembly was not here, they might go to see what was con- 
venient to be done in the Fort, so that it might be lay*^ be- 
fore the Assembly. 

The Lower House being sat, the L* Govern*" sent for them 
up, and made a speech to both Houses, as on file, 
[p. xn.] Adjourned to May 9*^\ 1694. 



Wednesday, May 9"\ 1694. 
Present, 
The L\ Govern'*, 
Nath. Fryer, ) Hen. Green, ) 

Robt. Elliott, [ Esqs. W'^^ Vaughan, [ Esqs. 

Peter Coffin, ) Riclv^ Waldron, ) 

The L* Govern'" proposed to this Board whether it was 
not necessary for a fortification to be built in the Fort for 
security of the soldiers, in case of an attack. Answered 
by the Board that it was necessarie. 

The L* Govern"^ demanded w* was to be done as to the 
order for the committee appointed to receive the claims. 



16 PROVINCE OF NEW-HAMPSHIRE. [1694. 

Ordered, that Capt. Packer attend this Board to-morrow, 
to give account of the same. 

The L* Govern'" proposed to this Board to alter the time 
of the session of the Superiour Courts in this Province, so 
that they might not be on the same as they are in Boston. 

Ordered, that a Bill be sent to the other House accord- 
ingly. 

The Lt. Govern'^ proposed to this Board that an Act 
might be passed for restraining of inhuman severities, 
which by ill masters or overseers may be used to their 
christian servants or slaves, and that provision be made 
therein — That the willful killing of Indians & Negroes 
be punished with death, and that a penalty imposed for 
mayming of them. 

Ordered that a Bill be sent to the Assembly for the same. 

A petition from the town of Hampton was read, on file. 
Ordered, that in answer thereto notice be given from this 
Board that the selectmen of Hampton, with the p'*sons con- 
cerned, attend this Board or send meet persons on their 
belialfe to answer and give what objections may be, against 
w* is proposed in s*^ petition, on Tuesday, 15*^ inst. 

Ordered that the Treasurer bring his accotts. and lay 
the same before this Board to-morrow. Adjourned to May 
10«\ 2 o'clock. 

Thursday, 10 May, 1694. 
Present, 
The P Govern^ 
Nath. Fryer, ) Hen. Green, ) 

Robt. Elliott, V Esqs. W'" Vaughan, } Esqs. 

Peter Coffin, ) RichnValdron, ) 

[p. XIII.] The Lieut. Govern'^ sent for the Treasurer up 
to Board and demanded his acc"^. The Treasurer delivered 
his acc"^ to the Board. Ordered that the said acc"^ should 
be filed. 

Capt. Tho. Packer being called, was asked what return 



1694.] JOURNAL OP COUNCIL AND ASSEMBLY. 17 

tlie committee appointed to receive the claims of such 
p^'sons to whom the Province was indebted, had made. 
Answered, he was last in nomination, and he could not 
command the other persons, and that he could not make 
any further return. 

Ordered, that Capt. Woodman, Capt. Dow, Capt. Packer, 
Capt. Walton, Capt. Thwing, and L* Tuttle* be of a com- 
mittee to receive the acc"^ or claims of such p'sonsto whom 
the Province is indebted, and lay the same before the L* 
Govern'^ and Council on the 15"^ inst. 

Several Bills were presented from the Lower House, viz., 
a Bill for confirming of Town Bounds as formerly ; A Bill 
for restraint of Horses on the Commons. The L* Govern'" 
presented the said Bills to the Board for their considera- 
tion. Adjourned untill May 11"', 2 o'clock. 



Friday, May 11«\ 1694. 
Present, 
The Lf Govern'-, 
Nath. Fryar, \ Nath^ Weare , ) 

Robt. Elliott,' 1 ^ W'" Vaugha n, } Esqs. 

Peter Ooffia, f^^^^' Rich'^ Waldr on, ) 

Hen. Green, J 

Whereas there was a Warrant from the U Govern'' to 
summon Nath. Weare, Esq., one of the members of their 
Maj'ties Council in this Province to attend this Board on 
the ninth Inst., and he not apcaring till 11"\ The L' 
Govern'^ ordered the warr* to be read. The Warr* being 

* Ltt. Jno. Tuttle, his claim /or servis Dun unto yyr Majty. 
Servis time ye Arival of yyr Maj's Ltt. Governour, January 22, 1G93-4. viz: 
To 15 men and hors by Special Coniand, myself Conduct, . . . 2:04:00 

May 12th, 1694] To myself &, 14 men under pres. two days in pursuit of 

ye Enemie, 1 : 12 : 00 

" To despatching 2 post Letters, one to Cochecha, and ye other 

to Oyster River, : 03 : 00 

More— One to Oyster.jRiver, ye other to Cochecha , . • . . 0:03:00 

More— One to isew Castle, 0:03:00 

4: 05: 00 
2 Jno. Tutxle, Ltt. 



18 PROVINCE OF NEW-HAMPSHIRE. [1634. 

read, Capt. Nath" Weare answered that lie did not stay out 
of contempt, & that he sent his reasons to the Sherifle. 
Ordered, that the three several Bills presented from the 
Lower House yesterday should pass this House. Adjourned 
to May 12*^, 2 o'clock. 



Saturday, May 12^^ 1694. 

The L* Govern'" sent for the Lower House and made a 
speech to them ab* the necessity of raising money to pay 
what the Province owed the soldiers, and building some- 
thing for the security of the King's stores. The L* Govern' 
read a Letter from Mr. Campbell about the Post Office, and 
desired the Board's consideration. 

Ordered that a Bill be sent down to the Lower House for 
an additional Law for paym* of two pence a letter for 
[p. XIV.] letters coming into the Province by Water. 

These four several Bills voted in both Houses, viz., A 
Bill for the acknowledging of Deeds ; A Bill for restraint of 
Inhuman severities ; A Bill to prevent Idle Expences and 
Gaming in Public Houses ; A Bill for the encouragement 
of the Post Office. 

Ordered, that Nath. Fryar, Bobt. Elliott, Hen. Green? 
Nath. Weare, W™ Yaughan, & Richard Waldron, be a com*^ 
to join with the other House in drawing up said Bills, with 
the other three voted the 10*^ instant. Adjourned untill 
May 15*^, at 2 of the clock. 



Tuesday 15^^ May, 1694. 
Present, 
The L* Govern^ 
Nath. Fryar, ) Nath. Weare, ) 

Robert Elliott, [ Esqs. W" Vaughan, S Esqs. 

Peter Coffin, ) Rich^ Waldron, ) 

The L* Governor desired a return of Bills comited to be 



1694.] JOURNAL OF COUNCIL AND ASSEMBLY. 19 

drawn up. The Comittee pr'scntecl said Bills, and they 
was sent to the Lower House for their consideration. 

Whereas the selectmen of Hampton were to attend this 
Board, they sent their answer, as on file. The Persons 
that petitioned from Hampton sent their desires by one 
James Prestcot, as on file. 

Ordered, that a Township be granted by this Board unto 
the Petitioners of Hampton that have desired the same. 

Ordered, that notice be given to the selectmen of Hamp- 
ton that they give notice to their town to make choyce of 
persons to give their Relations where the bounds of a Town- 
ship graunted by this Board to several persons of Hampton 
shall begin, ajid to make a return of the same to this Board 
on the 18^^ inst. 

A Bill for Regulation of Seamen was sent to the Lower 
House. The comitty appointed to receive the claims being 
sent for gave in, as on file. 

Adjourned till 16*^ inst., 2 o'clock. 



Esqs. 



Wednesday, May 16^ 
Present, 
The Lieut. Govern'", 
Nath. Fryar, ) Nath. Wear, 

. Robt. Elliott, } Esqs. Rich. Waldron, 

Peter Coffin, ) 

Capt. Nath. Fryar gave his dissent ag** passing the Bill 
for settling Town bounds. 

[p. XV.] Ordered that the Treasurer prepaire fair copies 
of his acc*^ and lay the same before the Assembly forth w*^. 

Adjourned until May 17"", '94. 



20 PROVINCE OF NEW-HAMPSHIRE. [1G94. 

Thursday, Maj 17^% 1694. 
Present, 
The Lieut. Govern'', 

Nath. Frjar, ) Nath^ AYear, ) -^ 

Robert Elliott, [ Esqs. Ilich*i Waldron, j ^^^^* 

Peter Coffin, ) 

The Lt. Govern'^ sent down to the Lower House to know 
whether that they had done anything as to the raising of 
money for the support of the Govern™* in this Province, as 
to his Proposals layd before them. 

The Lower House sent up answer in the negative. The 
L* Govern'^ sent for the Lower House & made a Speech to 
them ab* raising of money as formerly. 

Ordered, that Mr. Coffin and Capt. Weare be a Commit- 
tee to join with the Lower House to draw a Bill for settling 
High ways, Capt. Walton and Job Clements, Esqr., being 
chosen by the Assembly. 
• Adjourned until May 18*% 1694, 2 o'clock. 



Friday, May 18«\ 1694. 
Present, 
The Lt. Govern^ 
Nath. Fryar, ) Nath" Weare, | -^ 

Robert Elliott, [ Esqs. Rich'^ Waldron, \ '^''^^• 

Peter Coffin, ) 
A Bill about highways was sent to the Lower House. 
Whereas there was an order for the selectmen of Town of 
Hampton to attend this Board on this inst., to give their 
relation where the bounds of a new Town, granted to sun- 
dry p'sons of said Hampton, should begin ; Capt. Hen. 
Dow apeared i^ behalfe of the Selectmen and made U re- 
turn, as on file. 

James Prescott appeared in behalf of the petition" and 
humbly leaves to the consideration of the L* Govern'^ and 
Council, where and how farr the Township shall be and run 
as to the bounds thereof. 



1694.] JOURNAL OF COUNCIL AND ASSEMBLY. 21 

Ordered, that the Township of the Young men of Hamp- 
ton as to the affair thereof, be laid aside, tlie board not 
agreeing. 

Ordered, that the Treasurer attend this Board on to- 
morrow morning by ten of tlie clock, to give an ace" of 
what money he has of the Provinces in his hands. Ad- 
jorned until May 19"', ten of the clock. 



Saturday, May 19^^, 1694. 
Present, The Lt. Govern"', 
Nath. Fryar, ) Nath' Weare, ) p 

Robert Elliott, [ Esqs. Rich'^ Waldron, j ■*^^^^- 
Peter Coffin, ) 
[p. XVI.] The Lieut. Govern^ sent for the Lower House 
and acquainted them that it was aparent the Treasurer had 
£101 : 18 : 9 of their Maj'ties Revenue in his hands. 
Adjourned to May 21. 



Monday, May 21, 1694. 
Present, The Lt. Governor, 

Nath. Fryar, ) W"^ Vaughan, 1 p 

Robert Elliott, [ Esqs. Rich^ Waldron, j ^^^'^* 

Henry Green, ) 

The L* Govern"' sent for the Lower House and proposed 
to them to make choyes of two men to join with this 
House, to consider the cost & charge of building the forti- 
fications in the Fort, as he had formerly layd before them. 

Adjourned till May 22'^, at 2 of the clock. 



Tuesday, May 22<i, 1694. 
Present, The L* Govern"", 
Nath. Fryar, ) AV" Yaughan, ) j^ 

Rob* Elliott, [ Esqs. Rich*^ Waldron, J ^^^^• 

Hen. Green. \ 



22 PROVINCE OF NEW-HAMPSHIRE. [1694. 

The Lower House sent an answer to the L* Govern^'^ 
proposals yesterday, as on file. The L* Govern'' offered the 
Lower House if they did desire it, a conference w"' this 
House. The Lieut. Governor sent the Dep* Secr^' down to 
know their positive answer as to the choyce of two persons, 
yea or nay. 

The Lower House, not sending up their answer, the L* 
Govern'^ sent down & commanded them in their Maj'ties 
names, to sit de die diem until they had sent up an answer 
positive. 

Adjourned till May 23^ 1694, at 2 o'clock. 



Wednesday, 23^ 1694. 
Present, The L* Governour, 
Nath. Fryar, ) Peter Coffin, 



Robert Elliott, > Esqs. Nath. Weare, 

Hen. Green, ) W™ Yaughan, & 



Esqs. 



Rich. Waldron, 
A petition from the men of Hampton was read in Coun- 
cil. 

Ordered, in answer to the petition, that a Township be 
granted. The Lower House sent up their answer as to 
choyce of 2 men in the negative. The L* Govern'^ proposed 
to this Board that 4 of the Council should view the Fort & 
compute the charge, and whether it was not necessary. 
Answered in the affirmative. The Comittee appointed, 
(viz.,) Robert Elliott, Peter Coffin, Hen. Green, Nath. 
Weare, Esqrs., made their return, viz., [p. xvii.] that for 
the pr'sent security of their Maj'ties Fort and to make up 
the breast work & place to secure the King's stores, we 
judge needful £100, & for the scons* to defend the great 
guns, £400. 

The L* Govprn"^ sent for the Lower House and recom- 
mended the same to their consideration. Adjourned till 
May 24"S at 10 clock. 

* Sconce — a fort or bulwark ; a work for defence. — Web. Die. 



1694.] JOURNAL OF COUNCIL AND ASSEMBLY. 23 

Thursday, May 24^^ 1694. 
Present, 
The L* Governour, 
Nath. Fryar, ^ Natli" Weare, ) 

Robt. Elliott, [t^ W" Vaiighaii, V Esqs. 

Peter Coffin, p^^^* Rich^ Waldron, ) 

Hen. Green, J 
The L* Govern"" sent to the Lower House to know their 
answer as to raising of money proposed. The Lower 
House sent up their answer in the negative. 
Adjourned till 3 o'clock. 

At three of the clock both houses being met, the L* 
Govern"" gave his assent and signed these 6 Bills, viz : 

An Additional Act for encouragement of the Post office ; 
An Act for acknowledgment of deeds ; An Act ag^* exces- 
sive expence in Taverns & Gaming ; An Act for altering 
the time of the Session of the Super"^ Court ; An Act for 
Restraint of Inhuman severities ; An Act relating to Seamen. 
The L* Governor declares, as for the Acts, viz., about the 
Bounds and Highways, he would not assent to them, since 
they had so often intimated to the Council of Mr. Allen's 
coming. 

The L^ Governor made a speech to both Houses, and 
then dissolved the Assembly, May 24% 1694. 



At a General Assembly begun and held 
at New Castle for the Province of New 
Hampshire, on Wednesday, November 
1^1694. 
Present, The Lieut. Govern"", 
Na'h. Fryer, ) Hen. Green, ) 

Robert Elliott, \ Esqs. W"" Vaughan, S Esqs. 
Peter Coffin, ) Rich'^ Waldron, ) 

Ordered that Robert Elliott and Peter Coffin, Esqs., be 
nominated in the Dedim^ Potestatem for administering the 
oaths to the persons elected for this General Assembly. 



24 PROVINCE OF NEW-HAMPSHIRE. [1694. 

Messrs. Geo. Jaffrey, Joliii Pickring, John Plaisted, 
Tho. Cobbit, James Randle, Natli. Batchelder, Thomas 
Roby, John Smith, Kingsley Hall, Jno. Foulsham, Jno. 
Woodman, W"' Furber, John Hall, John Fabes, were 
sworn members of the Assembly, pursuant to the above 
ord^ by Robert Elliott & Peter Coffin, Esqrs., of the 
Council. 

The L* Governor recommended to the Lower House the 
choice of a Speaker ; and adjourned till 2 clock on Thurs- 
day, the 2^ in St. 

[p. XVIII.] Held by Adjournment, November 2^, 1694. 
Present, The L^ Govern'^, 
Robert Elliott, ) Nath^ Weare, ) 

Peter Coffin, \ Esqs. W™ Yaughan, [ Esqs. 
Hen. Green, ) Rich'^ Waldron, ) 

The L* Governor sent to the Lower House to know 
whether they had made choyce of a Speaker ; and they 
offered Mr. George Jaffrey, who was accepted. Both 
Houses being met, the L* Govern'* acquainted y™ that since 
he came into the Province he had heard of no matter that 
offered of service to be done, more than when he last 
went away ; and delivered his speech to the Assembly for 
their consideration. 

A vote was sent to the Lower House for reviving and 
continuing the act for defraying the public charges of the 
Governm* until the second day of November, 1695, w*^^ past 
both Houses, and was assented to by the L* Govern'", and 
proclaimed the same day. 

It is the Result of this Board that there be Provided 
Provision and Ammunition for sixty men, to be sent from 
Boston to this Province as soldiers ; and the Lower House 
being sent for up, the L* Govern'^ proposed to them what 
number of men they thought convenient to be sent for, and 
to make provision for them as to Provision and Ammuni- 
tion. Adjourned to Fryday, 3"^ inst. 10 clock. 



1694.] JOURNAL OF COUNCIL AND ASSEMBLY. 25 

Held by adjournment, November S'^, 1G94. 
Present, The V Govern'', 
Robert Elliott, ) Nath. Weare, ) 

Peter Coffin, [ Esqs. W"^ Yaughan [ Esqs. 
Hen. Green, ) Picli'^ Waldron, ) 

In answer to the L* Governor's proposals yesterday, the 
Lower House sent up for sending sixty men for six months, 
and to raise Provision and ammunition for them, or longer, 
as necessity should require. Ordered, that a letter be 
drawn up to be sent for Boston for that purpose. 
Adjourned to Tuesday, 6^^^ inst. 



Held by adjournment, Tuesday, 6^^ Novem- 
ber, 1694. 

Present, The L* Govern'', 
Robert Elliott, J Nath. Weare, ) 

Peter Coffin, > Esqs. W™ Vaughan, [ Esqs. 

Henry Green, ) Eich^ Waldron, ) 

Both Houses being met, the L* Governor declared he 
hoped to have had an ace" of the debts of the Province ; 
but they being not ready from the committee, the D Gov- 
ernor made a Speech, as on file, and d^ sundry papers to 
the Assembly for their perusal ; recalling to what had been 
done the last session and since, for the service of this 
[p. XIX.] Province. Adjourned to Wednesday, 2 clock. 



Held Wednesday, 7"\ 
Present, The L* Govern'^, 
Robert Elliott, ) Nath Wear, ) 

Peter Coffin, [ Esqs. W" Yaughan, [ Esqs. 
Hen. Green, ) Rich'^ Waldron, ) 

This Board sent down to the Assembly to their consider- 
ation, viz.: Laid before the Assembly last May for the 
breast work & to secure the King's stores, ^£100. For a 
sconce to defend the Great Guns, £400. Debts standing 



26 PROVINCE OF NEW-HAMPSHIRE. [1694. 

out, <£202; for a Prison <£150 ; Charges returned by the 
committee, £322, 19 : 2'^; For Provision and amunition 
for 60 soldiers 6 mo., X240. In all amounting as per acc"^ 
on file, £1414: 19: 2. 

The Lov7er House sent up the following votes, viz. : one 
for the Settlem* Town Bounds ; one for the Restraint of 
Horses on the Commons, and one for Laying out of the 
Highways ; which Bills this Board gave their dissent ag^*. 

Adjourned to Thursday, 8^^, 2 clock. 



Held the 8^^ inst. 
Present, The L* Govern^ 
Robt. Elliott, ) Wm. Yaughan, [ ^ 

Henry Green, [ Esqs. Rich'^ Waldron, j •^®^^* 
Nath^ Wear, ) 
A Letter from his Excell^ Sir W"^ Phips & Council, rela- 
tion to soldiers, bearing date at Boston, 8ber 6^^\ was sent 
to the Lower House for their consideration. A vote was 
sent up for advancing 1-3 part of pay for the soldiers from 
Boston. 

A letter was sent in answer to Sir W"^ Phips of the 3^ 
inst., as on file. 

A vote from the Lower House to raise on all estates and 
persons in this Province to the value of £700. Mr. Elliott 
and Mr. Wear were apointed a comity by this Board, to 
join with two of the Lower House for drawing up the act 
for a £700 Rate, and to make return by two clock to- 
morrow, Post meridiem. Adjourned until Friday, 9^^'. 



Held Friday, 9*^ NoV, 1694. 
Present, The L* Govern'*, 
Nath^ Fryar, ) Peter Coffin, 



Rob* Elliott, \ Esqs. Nath^ Weare, 

Hen. Green, ) W™ Vaughan, 

Ricli*^ Waldron, 



Esqs. 



1695.] JOURNAL OF COUNCIL AND ASSEMBLY. 27 

The Comity appointed to draw up the £700 act made 
their return. 

This board excepted ag'* the valew of Boards, and and 
sent the Bill down to the Lower House for their considera- 
tion. 

[p. XX.] A vote passed this House for passing an act 
for alowing 5 shillings per diem during the session of As- 
semblys, to the Council, or for making void the act for al- 
lowance of Representatives during s*^ session. Adjorned 
to November 10"'- 



Held November 10*^, at 8 o'clock. 
Present, The Lieut. Govern^, 
Nath^ Fryar, ^ Nath^^ Wear, ) 

Rob* Elliott, I J. W" Vaughan, \ Esqs. 

Peter Coffin, f ^^^^' Rich<i Waldron, ) 
Hen. Green, J 
The Lower House sent up the act of £700 w*^ addition ; 
but sent back for amendment. A vote from y*^ Lower 
House to call the money out of the late Treasurer's hand. 
The Lower House being sent for up to this Board, the L* 
Governor made a speech to them, as on file, relating to 
raising of £400 to be presented to Mr. W™ Blaithwaite for 
passing of the Laws made & sent for Engl' d, for confirma- 
tion. 

The act for raising of X700 past both Houses, and as- 
sented to by the Lieut. Govern^ The Assembly prorogued 
to the second Wednesday, in May next, at two of the 
clock, Post Meridiem. 



At a General Assembly held by pro- 
rogation at New Castle, May 8"\ 1695. 
Present, The L* Governor, 
Nath. Fryar, ) Henry Green, ) 

Rob* Elliott, [ Esqs. W"^ Vaughan, } Esqs. 

Peter Coffin, ) Rich^ Waldron, ) 



28 PROVINCE OF NEW-HAMPSHIRE. [1695. 

The Lieut. Govern'' acquainted the Board that whereas 
at present he did not [?] the affairs of the Province, and the 
Treasurer being to prepare his acc*% and no time would be 
left in visiting the Frontier Garrisons and Militia of the 
Province ; therefore he dissolved this Assembly, and in his 
Majesty's name they were dissolved. 



At a General Assembly begun and held 
at New Castle, May 15, 1695. 
Present, The Hon'rable the L* Govern'*, 
Nath^ Fryar, ) Nath^ Wear, ) 

Rob* Elliott, [ Esqs. W'^^ Yaughan, \ Esqs. 

Hen. Green, ) Rich*^ Waldron, ) 

Ordered, that the Deputy Secr^ make the Dedim^ Potest™ 
to W"' Yaughan and Richard Waldron, Esqrs., to adminisf^ 
the oaths appointed to the members of the assembly. 

The same day according to precept the oaths apointed 
was administered to Mr. George Jaffrey, Elias Stileman, 
John Pickring, John Plasted, [p. xxi.] Kingsley Hall, 
John Foulsham, John Hall, James Rendall, Nath'^ Batchel- 
der, John Smith, Thomas Roby. 

Adjourned to Thursday morning, the 16*^ inst., 10 of the 
clock. 



Held at New Castle, by adjournment , 
May 1G"S 1695. 
Present, The L* Govern^ 
Nath. Fryar, ) Nath. Wear, ) ^^^^ 

Rob* Elliott, [ Esqs. Rich^ Waldron, \ ^^^^* 

Hen. Green, ) 
Rob* Elliott and Richard Waldron was apointed by vertue 
of a Dcdimus Potestatem to administer the oaths apointed, 
to John Woodman, William Furber, who had not been 
sworn of the Assembly, which was accordingly done. The 
Lieut. Govern'^ sent to know whether they had made 



lG9o.] JOURNAL OF COUNCIL AND ASSEMBLY. 29 

choycc of a Speaker. The other House came up and pre- 
sented M"" Geo. Jaffrey's their Speaker, who was accepted 
by the L* Govern'*. 

The L* Governor presented his speech to to the assembly. 
The petition of Duncan Cambell in behalf of Andrew 
Hamilton, Esqr., Dep* Post Master General for his Maj'tys 
Colonies and Isles in North America, requesting both 
Houses' consideration for some encouragement of the Post 
Office, was read in Council and sent down to the Lower 
House for their consideration. 



Held by adjournment, May 18^^, 1695. 
Present, The Lieut. Govern"^, 
Nath^ Fryar, ) Peter Coffin, 

Rob* Elliott, [ Esqs. Nath. Wear, 

Hen. Green, ) Rich"^ Waldron, 

The Assembly being sent for up to this 
Lieut. Govern'^ was pleased to recomend to their considera- 
tion the necessity of raising of money for the suport of 
the Governm* and the defense of his Maj'ties subjects in- 
habiting this Province against the French and Lidian 
enemie. 




Held by adiournment May 20*^, 1695. 
Present, The Lieut. Govern'^, 

Nath^ Fryar, ) Will'^ Vaughan, ) ^ 

Rob* Elliott, [ Esqs. Rich*^ Waldron, \ ^^^^• 

Peter Coffin, ) 

A Bill was sent down to the Lower House for Impower- 
ing the Selectmen in each Town to provide bread by an 
assessment on the Inhabitants, to be ready four days' march 
of those sold'rs already (or to be) imprest, to march 
upon the attack of the enemie, which was assented to by 
the Lower House. 



30 PROVINCE OF NEW-HAMPSHIRE. [1695. 

[p. XXII.] Held by adjournm*, May 21^*, 1695. 
Present, The Lieut. Govern'*, 
Nath^ Fryar, ) W^ Vaughan, ) ^ 

Peter Coffin, [ Esqs. Eicli'^ Waldron, ( ^^^^^' 

Rob* Elliott, ) 
The Lieut. Govern'^ proposed that a comitty might be 
apointed to draw up the acts for what Bills are past. Ac- 
cordingly M^ Vaughan, Ric*^ Waldron, Esq., were made 
choice of and recomendations were sent to the other 
House for choice of two of their House to join them. The 
Lower House made choice of Elias Stileman and John 
Pidkring. 

The Lower House sent up a Bill for settling a salary of 
12 pounds for the year ensuing for encouragement of the 
Post .... in answer to Duncan Cambell's petition, 
provided the Post be kept. 



Held by adjournment May 21'*, 1695. 
Present, The Lieut. Govern'^, 

Nath^ Fryar, "^ 

Robt. Elliott, I J. Will- Yaughan, ) ^ 

Hen. Green, f ^^'^^' Ricli^ W^aldron, \ ^^'^^' 

Nath. Wear, j 

The Comitty apointed to draw up those acts that had 
been prefered by Bills, made their returns, and they were 
sent down to the Lower House for their concurrence. The 
said Bills was past by both Houses and ordered to be In- 
grost. 



Held by adjournment May 24*^, 1695. 
Present, The Lieut. Govern'^, 
Nath. Fryar, ^ Nath. Wear, ) 

Rob* Elliott, I p W™ Vaughan, ) Esqs. 

Peter Coffin, f ^^^^- Rich^ Waldron, ) 

Hen. Green, J 



1695.] JOURNAL OF COUNCIL AND ASSEMBLY. 31 

The Lieut. Govern'" gave his assent to, signed these three 
Bills past into acts, viz. : 

1. An act for allowing X12 00 00 to the Post for In- 
couragem* for the year ensuing, provided the Post be kept. 

2. An act impowering the Selectmen in each town to 
provide bread for four days' march of the Soldiers imprest. 

3. An act for Regulating of Publick Houses of Entertain- 
ment. 



At a General Assembly held at New 
Castle, by adjournment, September 
'll^ 1695. 
Present, 
Nath^ Fryar, ) Hen. Green, ) 

Robt. Elliott, } Esqs. W«^ Vaughan, V Esqs. 

Peter Coffin^ ) Rich*^ Waldron, ) 

[p. xxiil] Both Houses being met, this Board sent down 
to see if the other house had anything to offer ; and noth- 
ing offering, adjourned till to-morrow, 1 o'clock. 



Held Thursday, 12 of Sep*, 1695. 
Present, The Lieut. Govern"", 
Nath^ Fryar, Y Nath. Wear, ) 

Peter Coffin, I ^ W"^ Vaughan, [ Esqs. 

Robert Elliott, ( ^^^^' Rich^ Waldron, ) 

Hen. Green, j 

The Lieut. Governor sending for the Lower House up, 
delivered them his Speech in writing, for their considera- 
tion, as to the matters laid before them at their last session. 



Held by adjournment, Friday, 
13th September, 1695. 
Nath. Fryar, ) Nath. Wear, ) 

Robt. Elliott, [ Esqs. W™ Vaughan, [ Esqs. 

Hen. Green, ) Rich. Waldron, ) 



32 PROVINCE OF NEW-HAMPSHIRE. [1695. 

A vote for reviving the act for defraieing the piiblick 
charge of the Province, intitled an Act for raising a Rev- 
enue, past both Houses and ordered to be Ingrost. 

Two Bills, one for raising three hundred pounds money, 
and another for £100, past both Houses and ordered to be 
Ingrost. 

Robert Elliott and Nath^ Fryar were apointed by this 
Board to joyn with Major Stileman and John Pickring to 
draw up the Bills. 

Held by adjournment, Sept. 14^^, 1695. 
Present, The Lieut. Govern'^, 
Nath. Fryar, ) Nath. Wear, ) 

Robt. Elliott, [ Esqs. W"^ Vaughan, \ Esqs. 
Hen. Green, ) Rich'^ Waldron, ) 

Both Houses being met, these two Bills, viz., A Bill for 
raising ^£300, A Bill for continuing the Impost, was read & 
assented to by the Lieut Govern''. 

Capt. Walton's ace" laid before the Council, amounting to 
X83: 19^: 0^ was allowed,— X50 : 00 : 00 in part order of 
& p^ W™ Redford, Dep* Sec^, his ace" in full to the sixth 
of this inst., Am. to £19 : 17 : 9, allow'd. 

Prorogued until the second Wednesday in June, 1696. 
Dissolved by Proclamation. 



At a Council & Assembly begun and held 
at New Castle, on Wednesday, November 
Q'\ 1695. 
[p. XXIV.] Being present, The Lieut Govern^, 
Nath. Fryar, ) W" Vaughan, ) p 

Peter Coffin, [ Esqs. Rich. Waldron, j ^^^^• 
Robt. Elliott, ) 
Ordered, that Robt. Elliott and W" Vaughan, Esqs., be 
commissionated by Ded"^ Protestatem to the oaths apointed 
to the members elected and returned of this Assembly. 
Accordingly the Oaths appointed were given, and the 



1695.] JOURNAL OP COUNCIL AND ASSEMBLY. 33 

Test subscribed and repeated by Messrs. Geo. Jaffrey, Jolin 
Woodman, John Pickring, Tho. Cobbitt, Shadrack Walton, 
John Plastead, W" Furber, Jno. Hall, Daniel Tilton, 
Theop. Dudley, Moses Levitt, Josias Sanborn. 

The Lieut. Governor sent the Secretary to the Lower 
House and recommended to them the choice of a Speaker. 
The House presented Mr. Geo. Jaffrcy their Speaker, who 
was accepted. 

Adjourned to Thursday, 12 clock. 



Held by adjournm* Thursday, 
November 7*^, 1695. 
Being present, The Lieut. Govern'', 

Nath. Fryar, ) Hen. Green, ) 

Peter Coffin, [ Esqs. W™ Yaughan, [ Esqs. 
Kobt. Elliott, ) Rich. Waldron, ) 

The Lieut. Govern'" having sent for the Lower House, 
made a speech to them (viz.): 

Genilem^ : I proposed for raising of money for support of the 
Hon'" of the Government & security of the Province, or your ad- 
vice w^^ the Council, what way I may propose to lay before the 
King. 

The King expects none should serve him at his own expense, & 
I am fully satisfied yo"^ Taxes and Rates are not so great as those 
at Boston, for a person of 50"^^ rent here pays but 10"^% and at Bos- 
ton about £20 ; So I demand you of the Assembly your advice 
here with the Council. 

They desired to debate the matter in their own House, 
distinct. Granted. 

The Lieut. Govern'^ sent for the House, and demanded 
their advice as to what way he might propose to the King. 

Answered, they can propose no way. 

The Lieut. Govern"" declared he must return to the King 

they would not give advice as to the proposing a way, and 

lay before the King the true state of the Province. 
3 



34 PROVINCE OP NEW-HAMPSHIRE. [1695. 

The Lower House presented a vote to send to the Gov- 
ernor at Boston, for 40 men. 

The Lieut. Govern"* demanded of the [p. xxv.] Assembly, 
if they judged it absolutely necessary to have 40 men for 
security of the frontiers of the province ; and that men be 
posted in the out places. Answered, Yes. Adjourned to 
Friday, 12 clock. 

Held by adjournm*, Friday, 
November 8^% 1795. 
Being present. The Lieut. Govern'', 
Nath^ Fryar, ^ Hen. Green, ^ 

Peter Coffin, S Esqs. Nath. Wear, I -p 

Rob* Elliott, ) W-Vaughan, f^^^^' 

Rich. Waldron, J 
Peter Coffin and Hen. Green, Esqs., being apointed a 
comittee to joyn with two of the Lower House to draw up 
a Bill of £400 to be raised for the payment of soldiers de- 
tached for his Maj'tys' service in the Province, made their 
return, and the Bill was sent down to the other House for 
their concurrence. 

The Assembly past the Bill and sent it up. Ordered by 
this Board that the Bill be amended ag'* to-morrow. Ad- 
journed to Saturday, nine o'clock. 



Held by adjournm*, Saturday, 
November 9*% 1695. 
Being present. The Lieut. Govern^ 
Nath. Fryar, ) Hen. Green, 



Peter Coffin, \ Esqs. Nath^ Wear, 

Robt. Elliott, ) W'" Yaughan, 



Esqs. 



Richard Waldron, 
The Lieut. Govern'^ having proposed unto the Assembly 
for raising of money for support of the Hon"" of the Gov- 
ernment on Thursday, the 7th inst., the Lower House 
sent the following answer : 



1695.] JOURNAL OF COUNCIL AND ASSEMBLY. 35 

To tlie Hon^^'^ the Lieut. Govern'' of his Maj'ty's province 
New Hampshire. 

The Representatives convened in General Assembly hav- 
ing taken into consideration w* recommended by your 
Honor, do most humbly offer as followeth : 

That considering the p'sent state of tliis his Maj'ties 
Province, being exposed & in danger of an invasion of our 
fFrench & Indian enemie, that we are necessitate only to 
apply ourselves to the consideration of raising what money 
we can for the defence of this his Maj'tys province, which 
yet we fall far short of what is necessary ; Wee not able, 
therefore, not capable to do anything towards the supporte 
of the Hon"^ of the Governm* although sensible your Honor 
has been at great Charge : therefore, do most humbly pray 
y^ Hon'^ w*^ the advice of the Council, will please to spread 
before his most excellent Majesty the poverty and danger 
of this his Province, That such methods may be taken for 
support & defence of the same, as in his most Eoyal wis- 
dom may be judged most meet. 

Upon which the Lieut. Governor made the following 
proposals : 

[p. XXVI.] Gentlem"^ : It was proposed to raise money for support 
of the Honor of the Governm* & security of the place, or else your 
advice what way I may propose to lay before the King ; and your 
answer you can propose no way : I do therefore recommend to 
your consideration to raise money for those ends, viz. To lay a 
duty upon all Boards & staves at 3s. per M. upon all that is ex- 
ported out of the river to any of his Majesty's Plantation Govern- 
ments. Additional duties of impost to be pro rata with the Mas- 
sachusetts Government, viz : 

English Goods, 10« p ct. 

Rum, £2:16:8pHhd. 

Madara Wine, 1: 7: p pipe. 

Fyal '' 1: 0: p pipe. 

A vote was sent up from the Lower House, that an Act 
might be passed to give unto his Maj'ty, his Heirs and 
successors, for support of the honor of the Governm' & de- 



36 PROVINCE OF NEW-HAMPSHIRE. [1695. 

fence of this his Maj'ty's Province, the several duties & 
impost upon the comodities following, to be exported out or 
imported into this Province, for the space of one year, to 
commence from the first day of December next following, 
viz.: For each M. boards and each M. of Hhd. Staves one 
shilling p. M. money ; each M. Red oak Hhd. Staves and w* 
oake bbl. staves, 8'^ p. M.; each M. of white oake pipe staves 
16*^ p ; for mast yards and Bowsprits transported beyond 
sea, from twenty inches and upwards, 4*^ for every inch di- 
ameter, and additional duty of impost upon each pipe of 
Wine and Hhd. Rum five shillings ; provided always & 
with this limitation that the Hon^^^ Lieut. Governor and 
Council do join with the Representatives convened in Gen- 
eral Assembly humbly to petition his most excellent Maj'ty 
that, considering the poverty & danger of this Province, 
being not able of ourselves to support a separate Govern- 
ment, to pray that we may be annexed to the Massachusetts 
Government, or otherwise, as his Majesty in his Royal wis- 
dom shall think meet. 

The Lieut. Governor proposed to the Assembly, (viz.): 

Gentlem"^ : Having at yom- first sitting proposed for raising of 
money for passing of yo'' Laws in England, least by reason of want 
of cine application your Laws be rejected; desire your answer to 
the same. 

Tiie Assembly answered, they had considered what pro- 
posed ; but find the Province was not capable to raise more 
money at present. 

The Lieut. Governor proposed, if Boston should not send 
men, whether he should write to the King for men. 

Refused to answer. 

The Lieut. Govern'^ ordered the Letter sent to Lieut. 
Govern"^ Stoughton with the minitt of Council of Octob"^ 
30"\ at Hampton, to be read as followeth. 

Desired by the Board that aplication might be made to 
Lieut. Govern'" Stoughton for 25 men to be sent from that 
[p. XXVII.] Government for his maj'ty's service & security 



1695.] JOURNAL OF COUNCIL AND ASSEMBLY. 37 

of tlic frontiers of tins Province ; paying their part of 
wages according to former agreement. • 

[Letter.] 

October W^. 
Honorable Sir: This day in Council, as per minute inclosed, 
the Board desired your Honor's favor for the service of his maj'ty 
& securitie of this Province, upon the terms formerly agreed, that 
your Hon^ would be pleased to order 25 men for the same. Sir, 
please to let me have an answer by the Express sent, desiring the 
same w*'^ all expedition may be dispatch'; in which you will 
oblige your most humble servant, J. U. 

Lieut. Govern'^ Stoughton's Letter, 7^^^ Novembei^, in 
answer to this Board of October 30"\ was read to both 
Houses (viz.) : 

Hon^hle Sirs: I am commanded by the Hon^'*' the Lieut. Gov- 
ernor, to acquaint you he has advised with the proposals made by 
yourselves for 25 men which you desire may be sent for the secu- 
ritie of the Frontiers within your Province, you paying a part of 
their wages according to former agreements, and to assure you 
the same readiness is in himself & the Gentle^ of the Council here 
to give you what assistance they reasonably may (as they have al- 
ways been) for defense of his Maj'ty s interest with you as need 
shall require. But on consideration of the great standing charge 
of this Province, w'^'^ is almost insupportable, and the many ad- 
vantages w*^'^ yo'' Province has, and considerable number of men 
above what are in the remote parts of this. Its thought not so 
equal a proposition that y"^ Frontiers be enforced at the charge of 
y"^ neighbors, who are already so greatly oppressed with the fatigue 
of the war, besides the difficulty there is in raising men here, so 
many being wasted by the war, sickness and other calamities, and 
removed into other parts. Some of y"^ towns, especially Hamp- 
ton, are numerous in men and not so exposed but that there may 
be drawn thence, for the defence of the frontiers as a constant 
guard. What shall be farther necessary to relieve you if the 
enemy come to press upon you, will be cheerfully afforded upon 
application from y''selves. By com*^ of his Honor the Lieut. 
Govern"", &c. 

Isa: Addington, Secry*. 

The Lower House being withdrawn, the Lieut. Govern*" 
asked the Board if they had any thing to offer. The Board 
were silent. 



38 PROVINCE OF NEW-HAMPSHIRE. [1696. 

The Bill for the <£400 Rate being Ingrost, past both 
Houses, and was assented to by the Lieut. Govern^. 

The Lieut. Govern'^ adjourned the House, and sent the 
Secretary down to acquaint the Assembly of the same 
[xxviii.] that they might adjourn their House to the same 
time. Adjourned until the second Wednesday in July 
next, July S'\ 1696. 



At a Council and General Assembly held 
by adjournment, at New Castle, Wednes- 
day, July 8t^ 1696. 



Present, The Lieut. Govern'', 
Nath. Fryar, ) Hen. Green, 

Peter Coffin, } Esqs. Rich*^ Waldron, 



Esqs. 



Robt. Elliott, 

The Lieut. Govern'^ sent for the Lower House ; both 
Houses being met, the Lieut. Govern'^ recommended the 
Assembly to consider of what lay before them their last 
session. Adjourn*^ to Thursday, ten of the clock. 



Held 9^^ July, 1696. 
Present, 
Nath. Fryar, ^ Hen. Green, \ 

Peter Coffin, [ Esqs. Nath. Wear, V Esqs. 

Robt. Elliott, ) Rich'^ Waldron, ) 

A vote from the Lower House sent up for drawing up a 
Bill for administering the Oaths apointed by act of Parlia- 
ment to all male persons from sixteen years old and up- 
wards, throughout the Province. Past both houses. 



1696.] JOURNAL OF COUNCIL AND ASSEMBLY. 39 

Held July 10^% 1696. 
Present, The L* Govern'^, 
Nath. Fryar, "^ Nath. Weare, ) 

Peter Coffin, I ^^ W" Vaughan, } Esqs. 

Robt. Elliott, p^^^- Kich<i Waldron, ) 

Hen. Green, J 
Major W'" Yaughan and Mr. Eicli'* Waldron, Esqs., were 
apointed a comitty to draw up the Bill for administering 
the oaths, and John Pickring and John Plaisted were ap- 
pointed to join with them. 

A vote for encouragem* soldiers that are maimed past 
both Houses. Peter Coffin and Hen. Green apointed to 
draw up the said Bills, & John Woodman & Theopliilus 
Dudley appointed to joyne. 

A Bill was sent up to desire that aplication might be 
made to the Government of the Massachusetts for 50 men. 
Desired that an Express might be sent to Boston accord- 
ingly. 



Held July 13*^ 1696. 
Present, The Lieut. Govern"". 
Nath. Fryar, ) W"" Vaughan, ) ^ 

Robt. Elliott, [ Esqs. Rich'i Waldron, j ^^^^• 

Hen. Green, ) 
[p. XXIX.] The Lieut. Govern'' being present sent for 
the other House and acquainted them with his proceedings, 
for understand the state of the Province & in taking 
care of the security of his Majesty's subjects here by visit- 
ing all the Garrisons, & declared the inhabitants desired 
the continuance of the soldiers. 

Whereas the Assembly desired that fifty men might be 
sent for from Boston to range the frontiers of this Province 
at the charge of the same ; The Lieut. Govern"" ordered the 
letters to be read, which was to signify they could not sup- 
ply with men from Boston Governm*. 
The Lieut. Govern"" having laid before the Assembly the 



40 PROVINCE OF NEW-HAMPSHIRE. [169G. 

methods he had taken for security of the Province & of his 
Maj'tys subjects, dema^nded of them to know what irregular 
methods he had taken in the managem* of affairs for the 
preservation of the same. Answered, they know of none 
but what was for the good of the place. 

The Lieut. Govern^' demanded of both Houses if he had 
taken any wrong methods, or ill conduct in the managem* 
of affairs in the Governm^ Answered noe. The Lef Gov"* 
demanded of both Houses whether three of the Assembly 
was a House & could adjourn, and whether it was legal. 
Answered that there was no prefixt number appointed, and 
that it was legal. 

Held July 18^^ 
Present, The Lieut. Govern^, 

Nath. Fryar, "] Nath^ Wear, ) 

Peter Coffin, I p^^^,^ W^^ Yaughan, } Esqrs. 

Robt. Elliott, ^ ^^^^^' Pich^ Waldron, ) 

Hen. Green, J 

Several votes and Bills being read the L* Govern'" desired 
they might be past & fitted to be Ingrost, and test the 
house to adjourn themselves (viz.), A vote of raising six 
hundred pounds ; a vote to continue the Law about the 
Post, &c. ; a vote for settling a Ferrie between Portsmo' & 
N. Castle. 

W"^ Vaughan & Richard Waldron, Peter Coffin and Robt. 
Elliott, were apointed comitty to draw up the said Bills ; 
and W"" Furber, John Pickring and John Plaisted & 
John Woodman were appointed to joyn them. 



Held by adjournment July 23^ 1696. 
Present, The Leifete. Govern"", 
Nath> Fryar, ) W- Yaughan, ) ^ 

Peter Coffin, \ Esqrs. Hich'^ Waldron, j ■^^^^^* 
Robert Elliott, ) 

The Leift. Govern"^ sent for the Lower House and the 



1096.] JOURNAL OF COUNCIL AND ASSEMBLY. 41 

several Bills being read the Lieut. Govern'" assented to, 
(viz.): 

An act for the payment of the care of wounded soldiers. 

An act for administering the oaths, &c. 

An act for settling a Ferric, &c. 

An act for continuance of the Law about the Post, &c. 

[p. XXX.] Whereas there was a Bill offered for- raising of 
six hundred pounds for payment of debts due to the soldiers 
& subsistance and for keeping out of thirty men three months 
to range the frontiers. The Lieut. Governor sent for the 
assembly and desired to know the meaning of the six hun- 
dred pound Bill ; whether if he should press 40 or 50 men 
besides the 30, whether they should be paid out of the 600 
lb. Answered, noe. 

The Lieut. Govern'' declared they having sent formerly 
to Boston for 50 men, and declared it to be of absolute 
necessity, and now to tie up but to thirty men, judged it an 
infringing of the King's prerogative, & did acquaint them 
that unless they would put the 80 men & grant the Bill in 
general for his Maj'ty's fort and payment of the King's sol- 
diers in service, he should not accept of the Bill. 

The Assembly desired the Bill to consider of it, w'^^ was 
delivered to them. After some time the Assembly and 
both Houses met. The Lieut. Govern'^ demanded if they 
had considered of the Bill. The speaker of the House an- 
swered they had, and could not alter it. Upon which the 
Lieut. Govern'* declared they were going about to deprive 
him of the power of the King's prerogative, w^^' he was 
invested with, & therefore did dissolve them ; & in his 
Maj'ty's name they were dissolved. 



42 PROVINCE OF NEW-HAMPSHIRE. [1696. 

At a General Assembly begun and held at 
New Castle, September 16"^ 1696. 
Present, The Lieut. Govern'", 
Nath^ Fryar, ) Henry Green, ) ^ 

Peter Coffin, S Esqrs. Shadracli Walton, ) ^ 
Robt. Elliott, ) 

Nath^ Fryar & Shadrach Walton, Esqrs., appointed by 
Ded. Potest'"^ to present the Association to be signed and to 
administer the oaths appointed to the members of the 
Assembly, made their return ; That the persons following 
signed the Test and Association & took the oaths appointed: 
Jno. Plaisted, Samuel Levitt, Jno. Redman, David Larans,* 
Jno. Hall, Tho. Chesley, Rich*^ Jose, Theodore Atkinson, 
John Tuck, Samuel Dow & John Hatch. 

The Lieut. Govern'^ having recommended to the Assem- 
bly the choice of a speaker, presented John Plaisted. 

Both Houses being met, the Lieut. Govern'' made this 
speech : 

Toil Gentlemen of the Council and Representatives, — dow as- 
sembled, — Having in the last Assembly laid before them the abso- 
lute necessity of raising money for the defense & support of the 
Hon*" of his Maj'ty's Governm*, notwithstanding all which there 
is nothing done ; Had 1 not out of my own estate advanced money 
for provisions for the out garrisons, from March to August last, 
the soldiers there being posted must have needs been drawn off 
and the Frontier Garrisons [p. xxxi.] deserted: You are not 
unacquainted how the enemj^ lately designed an attack both by 
sea & land, and had not God strangely diverted them, they might 
have been masters of this place; which God forbid! and am 
informed they design to be here early the next Spring. 

Upon my now coming into this Province, I sent for all the Mili- 
tia officers to know the state of the place & what was proper to be 
done ; they signified the country was indebted five hundred pound, 
& that it was of absolute necessity provision was made for subsis- 
tance and pay of the soldiers for time to come, and some effectual 
care might be taken that provisions may lye ready, and the charge 
of the towns, for a march of three or four days upon the attack of 

♦ Lawrence? 



1G96.] JOURNAL OP COUNCIL AND ASSEMBLY. 43 

the enemy ; and for effectinof the same, humbly offered that an 
Assembly might be called; w*^'' Assembly you are. There is like- 
wise absolute necessity raising- money for securing of his Maj'sty's 
Fort and Stores, considering how much your safety depends 
thereupon. 

Tn case the Frontier places be deserted & his Majesty's Fort lost 
by reason of not due care taken for security & defense of the 
same, the fault will sorely lye at your doors. Doe 'acquaint you 
what money you shall rayse, shall goe to these ends for w*^^ raysed, 
and shall be willing the same shall be security for those that shall 
advance money for the use and ends afores*^. 

I offer to y"" consideration that you would propose wages for 
suport & defense of this governm*, that I may by this conveyance 
lay the same before his sacred Maj'ty. 

As to the King's prerogative, which by his Royal Commission I 
am invested with, I shall in nowise part with ; and on the other 
hand, his Maj'ty 's subjects' Liberty and Property neither will I 
infringe. 

Desiring you Avould take into serious consideration & be expe- 
ditious in dispatching what's laid before you, wherein the happi- 
ness and benefit of his Majesty's subjects in this government doe 
60 much depend. * 

Yote from the Assembly to desire that the Hon^^*" the L*. 
Govern'^ would send out Warrants to make choice of two 
men in the room of Mr. Pickring & Mr. Clements. 

The Lieut. Govern"" declared to the house, they should 
send for them to their house ; for their refusal ought to be 
before the house. Answered, they had no officer to send. 

The Lieut. Govern'' told them if they desired it, he would 
apoint a Messenger, and that he would strengthen them in 
any thing they desired for the Liberty and Property of the 
Subject. 

Held by adjournment, 
September 19, 1696. 
Present, The Lieut. Govern"", 
Nath. Fryar, ) Hen. Green, ) -n, * 

Peter Coffin, } Esqrs. Shad. Walton, ^^^^'^• 

Robt. Elliott, S 



44 PROVINCE OF NEW-HAMPSHIRE. [1696. 

[p. XXXII.] A vote for raising six hundred pounds past 
both houses. Mr. Elliott and Hen. Green, Esqrs., apointed 
comitty to draw up the said Bill. Kich*^ Jose and Sam^^ 
Levitt apointed to joyn with them. Prorogued to sit at 
Hampton, Tuesday, the 22^ inst. 



Held by Prorogation at Hampton, 
Tuesday, September 22^ 1696. 
Present, 
The Lieut. Govern'', 
Nath. Pryar, ^ Nath. Wear, ^ 

Robert Elliott, VEsqrs. Shad. Walton, VEsqrs. 

Hen. Green, J Joseph Smith, J 

The L* Governor sent for the other House, & again rec- 
ommended to them his last speech, & desired their speedy 
dispatch. 

•Held September 23^ 1696. 
Present, The Lieut. Govern^, 
Nath. Fryar, ^ Nath^ Wear, "^ 

Peter Coffin, \^ Shad. Walton, VEsqrs. 

Robt. Elliott, f^^^^^' Joseph Smith, J 

Hen. Green, j 

A particular ace" of what debts are already due from the 
Province recommended to the Assembly for their consider- 
ation (viz.): 

To 40 Soldiers in Garrisons, Pay & snbsistance from ) 

the last payment the 8"^ April to the 8^^ OctoV S £520 00 00 
To Capt. Walton for himself and soldiers at the ) 

King's Fort to lO'^^ May last . . . > 061 11 00 
To Capt. Walton for himself and soldiers from 10"^ ) 

May to 10 November next . . . . S 091 15 00 

To dne to snndries whose ace*' are ready past . . 022 00 00 

To John Battson for mending the house at the Fort 005 00 00 

To a flag for the King's Fort 016 00 00 

To due to balance the Treasm'er's acco" . . . 021 6 4 



£737 12 4 



1C96.] JOURNAL OP COUNCIL AND ASSEMBLY. 45 

A vote was sent up for continuing the act of Impost & 
Excise, and a vote to give unto his Maj'ty the sum of 
six hundred pounds for payment of soldiers and subsis- 
tance for time past, & to come. 

The Assembly sent up an answer to the L* Govern'"^ 
speech (viz.), That they was very sensible of the necessity 
of raising money for pay & subsistance of the soldiers, but 
such was their poverty & scarcity of corn, and noe prospect 
of a better crop this year, that they could raise no more at 
present than X600 : 00 : 00, as see our file. 

A vote was sent to the Assembly that an humble address 
might [p. XXXIII.] be made to his most Sacred Majesty to 
send a General Govern^' over these his Governments, and to 
annex us as in his princely Wisdom as he shall see meet. 



Held by adjournm*, 
September 24% 1696. 
Present, The Lieut. Governor, 
Nath. Fryar, ^ Hen. Green, ^ 

Peter Coffin, VEsqrs. Nath. Wear, VEsqrs. 

Robt. Elliott, J Joseph Smith, J 

The Lieut. Govern'" desired Robt. Elliott and Joseph 
Smith, Esqrs., to carry the following acco**^ to tlie Assem- 
bly, and lay before them the necessity of raising money for 
those ends, or else the men must be drawn off and the 
Frontiers deserted, or that provisions must be impresst 
(viz.): 

For a place for the King's stores . . . . . £55 00 00 
For 6 1-2 m« for the soldiers' subsistance & pay . . 520 00 00 
For Capt. Walton and soldiers at the Fort 6 1-2 months 

from 10*^ November next 91 15 00 

For the standing Post 12 00 00 

For extraordinary expresses, about . . . . 15 00 00 
Other petty charges 7*00 00 

£700 15 00 



46 PROVINCE OF NEW-HAMPSHIRE. [1696. 

In answer to which the Assembly sent the following vote, 
viz. : 

In answer to an account brought before this House for 
raising of more money to lye in stock, we, considering the 
poverty of the people in this Province, for which we refer 
your Honor to our answer given to the Lieut. Govrn^'^ 
speech, & considering all those circumstances, shall be able 
to doe no more at this time. By order of the As&embly. 

Ricli^ Jose, Clerk. 

The Lieut, sent for the Lower House, and gave his assent 
(viz.) : 

To an act for reviving and continuing the Impost and 
Excise ; 

To an act for raising 600 lbs. for payment & subsistance 
soldiers. 

The Lieut. Govern"^ demanded of the Assembly if they 
had any thing further to offer. Answered, no. 

The Lieut. Govern'' made a Speech to both houses & de- 
livered it to the Assembly, viz. 

Gentlemen of the Council and Hej^resentatives : — It is by virtue 
of Ills Maj'ty's Royal Commission you are impowered to raise 
money for defense of the places & carrying on of affairs both for 
maintenance of yo'" ministers & defraying of Town charges, the 
which to this day you have had power by the same, many hun- 
dreds of pounds have been raised for the ends afores*^. 

It being now about four years since I amved with his Maj'ty's 
Royal Commission, and at the charge of the Province have not 
had a house provided to lye in, nor one meal's meat, nor one drop 
of drink, [p. xxxiv.] though you know I have spent many hun- 
dreds of pounds out of my own estate for his Maj'ty's service. 

Do now recommend to your consideration the raising of money 
for respect to, and support of, his Maj'ty's Royal Commission; as 
all other his Maj'tys Governm*' do. Your positive answer 
hereto I demand. 

John Usher, L*. Governor and Commander-in-Chief. 

The L* Governor having recommended the foregoing 
speech to both houses, the Council sent to the Assembly 
the following speech (viz.): 



1696.] JOURNAL OF COUNCIL AND ASSEMBLY. 47 

Voted, That although the Board is sensible of our Pov- 
erty & the many straits that is upon many this time of war, 
and the scarceness of crops that by Providence we lay 
under, yet we are of opinion that it is necessary to manifest 
our loyalty to his Maj'ty and gratitude to the Hon'^^^ Lieut. 
Govern'^ that is so by Royal Commission, that money be 
raised according as we are able for support of his Maj'ty s 
Royal Commission for the Government of this Province. 

In answer to the Lieut. Governor's speech the Assembly 
sent the following answer : 

To the Honorable John Usher, Esq., Lieut. Governor of His 
Majesty's Province Neio Hamiyshire: — The Representatives in 
General Assembly, having taken into consideration what yo"" Hon"^ 
hath recommended unto us, do most humbly answer as follow- 
eth: 

That considering the present state of his Maj'ty's Province being 
BO exposed in danger of an invasion both by sea and land from 
the French and Indian enemie, that through our extreme poverty 
& scarcity of bread for the year past, and noe greater hopes for 
the year to come, we are necessitated only to apply ourselves to 
the consideration of raising what money we can for the defense of 
this his Maj'ty's Province, which we fear through our poverty 
shall fall far short of what is necessary ; therefore not able to doe 
any thing for support of the Hon'' of the Governm*, although sen- 
sible your Honor hath been at great charge : Therefore do most 
humbly pray that your Honor, with the advice of the Council, will 
be pleased to spread before his most sacred Majesty, That it will 
be much better for defense of this Province to be annexed to Bos- 
ton, if he in his Royal Wisdome shall see meet. 

Signed by order of the Assembly. 

RiCHD. Jose, Clerk. 

The Lieut. Govern'' sent for the House of Representa- 
tives ; both houses being met. The Lieut. Governor de- 
clared : [p. XXXV.] 

Gentlemen, — You having declared there is nothing to offer 
from your House: 

It having been laid before you how on the 10*^ of November 
next, there will be due for payment of soldiers in the Garrisons «fe 



48 PROVINCE OF NEW-HAMPSHIRE. [1697. 

at his Maj'ty's Forts, together with other debts due from the Prov- 
ince, Seven hundred thirty seven pounds, twelve shillings, 4*^. 

There is likewise a Bill presented to you from this Board, how 
that for pay & subsistance of soldiers for six months to come will 
amount to seven hundred pounds, fifteen shillings, particulars for 
which you have had, together with an acco" in case money be not 
raised the Garrisons must be drawn off, or men with provisions 
must be impres* ; & though the same is for your own preservation 
you will raise no more than six hundred pounds, which is one 
hundred pounds short of what the country is indebted. 

If for want of money for provisions the Country be lost, the 
blamable cause will lye at your door. I shall lay the same before 
the King by this conveyance, and shall wait for orders and direc- 
tions from him. So, Gentlemen, I dissolve you, and in his Maj- 
esty's name you are dissolved. 



At a Council and General Assembly held at New Castle, 
for the Province New Hampshire, 5*^' June, 1697. 
Present, John Hincks, Esq., President, 

Nath. Frjar, "^ Nath^ Wear, "^ 

Robt. Elliott, VEsqrs. W™ Vaughan, VEsqrs. 

Hen. Green, J Ric^ Waldron, J 

Ordered, that the Secretary make a dedimus Potestatem 
to Robt. Elliott & Rich*^ Waldron, Esqrs., to give the oaths 
appointed instead of y® oaths of allegiance & supremacy & 
y® test to the Assembly. 

Capt. John Pickring, Mr. Jno. Plaistead, Mr. Sam^ Keas, 
Capt. Jno. Gerrish, Capt. Jno. Gillman, Mr. Symon Wig- 
gins, Mr. Theod" Atkinson, Mr. W^ Seavey, Mr. Ephr. 
Marston, Mr. John Redman, Mr. Benj. Browne, were all 
sworne of the Assembly pursuant to the above written order, 
by Robt. Elliott & Rich*^ Waldron, Esqrs. 

The Assembly came to this House and presented Capt. 
Jno. Pickring for their Speaker, who was allowed of ac- 
cordingly. 

The President made a Speech and gave a coppy to the 
Assembly as on file. 

Adjourned tomorrow morning 10 o'clock. 



1G97.] JOURNAL OF COUNCIL AND ASSEMBLY. 49 

At a General Assembly held by 
acljournmeiit, to this present 
Wednesday, 9"^ June, 
[p. xxxvr.] Present, John Hhicks, Esq., President, 

Nath. Fryar, ) W™ Yanghan, ) ^ 

Robt. Elliott, [ Esqrs. Rich'^ Waldron, ( ^*^^^'^- 

Hen. Green, ) 

Major Yaughan, as Treasurer, gave in the Province acco" 
to the Council, & after perusal & approving of it was deliv- 
ered to the assembly. 

The Sheriffe complaining that the want of a prison in the 
Province renders him incapable of performing his office ; 
Ordered, that he forthwith take up y^ Fort on Mr. Tho. 
Grafford's hill at Portsmouth for that use, & see it fitted 
accordingly, y^ charge thereof to be paid out of y^ Treas- 
ury & the owner to be allowed reasonable rent for y® same, 
until further order. Past by President and Council and 
sent to the other house per Mr. Wear. Said Bill was sent 
up to this Board by the other House, and consented unto, 
allowing 40 shillings per annum, sent & past by y^ Council. 
Adjourned to-morrow morning 10 of the clock. 



At a General Assembly at New Castle adjourned to this 
present Thursday, 10"^ June, 1697. 

Present, John Hincks, Esq., Presid*, 
Nath. Fryar, ) Nath^ Wear, ) 

Robt. Elliott, [ Esqrs. W"^ Yaughan, [ Esqrs. 

Hen. Green, ) Rich'^ Waldron, ) 

Ordered, that publick notice be given y^ inhabitants of & 
in y^ respective towns of this Province by Captains thereof, 
that whosoever has serv^ as a soldier or disburs^ any thing 
for y® publick, that is not yet paid, may bring in their 
claims to a comittey appointed to receive the same, who set 
at Portsm^ at the house of John Pickring, on Monday the 
21^* of this instant June, and y* y® said Committee consist 



50 PROVINCE OF NEW-HAMPSHIRE. [1697. 

of two members of y® Council & two of the assembly ; the 
gentlemen chosen of the Council are W™ Yaughan and 
E,ich*^ Waldron, Esqrs. ; those of the assembly, Mr. John 
Plastead, Mr. John Redman ; and that y^ s*^ Committee 
make report of their doings herein to the Council at New 
Castle, on Wednesday, 23'^ current. 

To the Captains of the several Towns : 

The above is order of Council and Assembly which you 
are forthwith to publish by beat of drum, & then set up on 
y°^ meeting house or other public place, that no person may 
plead ignorance, & bring on any after claims. Adjourned 
to the 23^ inst. at 2 o'clock in the afternoon, at New Castle. 



At a Council and General Assembly, 
held by adjournment, to this present 
Wednesday, 23*^ June, 1697. 
Present, John Hincks, Esq., Presid*, 
Nath. Fryer, ) ^ W™ Yaughan, ) ^ 

Robt. Elliott, \ ^^^^' . Kich^ Waldron, \ ^^^^* 
[p. XXXVII.] Adjourned to-morrow morning, 10 of the 
clock. 

At a Council and General Assembly, 
held by adjournment, this 24*^ June. 
Present, John ITincks, Esq., Presid*, 
Nath. Fryer, ) Nath. Waer, ) 

Robt. Elliott, [ Esqs. W™ Yaughan, \ Esqs. 

Peter Coffin, ) Rich^ Waldron, ) 

The committee appointed to receive all claims due to 
any person from the Province. The return was accord- 
ingly given to the Council &, sent to the Assembly. The 
Council adjourned to-morrow morning, 10 of the clock. 



1697.] JOURNAL OF COUNCIL AND ASSEMBLY. 51 

At a Council and General Assembly, 
held per adjournment to this present 
Friday, 25^^ June, 1697. 
Present, John Ilincks, Esq., Presid*, 
Nath. Fryer, J Nath. Wear, J 

Peter Coffin, [ Esqs. W"' Vaughan, \ Esqs. 

Robt. Elliott, ) Pich. Waldron, ) 

Treasurer Partridge, Esq., bringing in his acco"^ (as 
formerly Treasurer of this Province) to the Council, they 
approving of said acco"^ & balancing the same, to be due 
to the Province 44^^ : 17 : 9 ; the same acco"^ being sent to 
the Assembly, and after perusal, the speaker returned them 
to this Board with their consent and approbation of the 
same. Adjourned to-morrow morning, 10 of the clock. 



At a Council and General Assembly, 
at New Castle, held by adjournment 
this 26^^ June, 1697. 
Present, John Hincks, Esq., Pres*, 
Nath. Fryer, ) Nath. Wear, ) 

Peter Coffin, > Esqs. W™ Yaughan, > Esqs. 

Pobt. Elliott, ) Pich*^ Waldron, ) 

A Bill sent up from y^ other House for raising money to 
defray the publick charge, the Council assenting thereto, 
and chose W™ Yaughan and Ricli'^ Waldron, Esqs., to join 
with two of the Representatives to draw a Bill for raising 
650^^^ in equal proportions to y^ respective towns, according 
to the last Province rate, & leave it to y^ Assembly to 
choose two of their members accordingly. 

A Bill sent up from the other house for restraining the 
keeping of horses and horse kind, other ways than in the 
person's own inclosures. 

A Bill sent for repealing that part of an Act made in 
1694, relating to y^ allowance of 4 public Houses and no 
more, in each town, — both past by President and Council. 



52 PROVINCE OF NEW-HAMPSHIRE. [1697. 

A Bill from y® other House about town bounds, with some 
amendments passed by the Council & sent to the other 
house for those Bills. Hen. Green and Nath^ Wear, Esqrs., 
from this house, are appointed a Committee to join with 
two of the other house to draw up the Bills. Adjourned 
to New Castle, on Wednesday next, the 30*^ instant, 2 
o'clock afternoon. 

At a Council held at New Castle, per 
adjournment, 30*^ June, with the 
Assembly. 
Present, John Hincks, Esq., Presid*, 
Nath. Fryer, "^ ^^^^^, ^^^^ ^ 

XT ^ ' Kich*^ Waldron, 

Hen. Green, J ' J 

[p. XXXVIII.] Several Bills brought up from y® other 
house & returned with some amendments. Adjourned to- 
morrow, 10 o'clock. 

At a Council and General Assembly, 
per adjournment, Thursday, primo 
July, 1697. 
Present, Ut Supra. 
Bill sent up about altering of fees. The Council resolved 
no alteration to be made thereon for the present, & re- 
turned the Bill to the other house. 

Bill sent up from y*' other house about records, &c., 
returned to y other house with this amendment : That all 
records of all kinds, belonging to this Province until the 
time of Lt. Govern^ Usher's arrival, be deposited in the 
hands of Major W^Yaughan, Esq., he giving copies to any 
that have occasion, taking y® usual fees. 

Several Bills sent from y® other house & returned with 
some amendments. Adjourned to-morrow morning, 10 
clock. 



1G97.] JOURNAL OF COUNCIL AND ASSEMBLY. -53 

At a Council and Assembly per 
adjournment, Friday 2'^ July, 
1697. 
Present, Ut Supra. 
Several Bill sent up by y^ otlier house & confirmed per 
y° Council and past into Laws (viz.): 

A bill to- raise 650^*^^ subsistance, and pay of soldiers, 
&c. 

A bill for fettering of horses. 
A Bill additional about the excise. 
A bill about records. 

A bill for allowing more houses of entertainment. 
A bill about the prison, — all past into Laws. 
Two bills, as on file, about ferridges between Portsmouth 
and Province of Maine for Major Vaughan and Mr. Fryer, 
not past by Assembly. After the passing those several 
Laws, the President & Council prorogued the Assembly 
unto primo die September, 1697. 

Hen. Penny, Secr^. 



At a Council and General Assembly held 
at New Castle, by prorogation, to this 
present Wednesday, primo 7^"% 1697. 
Present, Jno. Hincks, Esq., Pres*, 
Nath. Fryer, ) ^„, Vauo-han ) 

Peter Coffin, Esqs. Kicl/wfc ^'^'' 
Robt. Elliott, ) ^'^^' Waldron, ) 

Whereas application has been made by the assembly to 
the President and Council, showing that whereas at y^ last 
sessions of the General Assembly, money was given for pay 
and subsistance of the Mattathusetts soldiers in his majes- 
ty's service in this Province, the 1^* instant, and y* none is 
yet paid, that the Treasurer may cause forthwith the sev- 
eral Constables throughout this Province to bring in the 
first part of each of their respective rates, that so the 



54 PROVINCE OF NEW-HAMPSHIRE. [1697. 

Matliatliuset soldiers be paid <fe dismissed, to lessen the 
Province charge. 

Ordered, that Major W"' Yaughan, Treasurer, do forth- 
with send his warrants accordingly to each respective Con- 
stable in this Province to bring in y® same by y® 10*^ of 
this instant Tbris., otherwise they may expect the utmost 
severity of the Laws. 

In answer to a petition from the selectmen of Dover to 
the Presid*, Council and Assembly, concerning David Ham- 
ilton's being town charge ; and therefore pray that what 
estate and movables the said Hamilton hath left, that the 
selectmen may have power to dispose of the same for the 
said Hamilton's subsistance : Public notice having been 
given to the relations of said Hamilton by order [p. xxxix.] 
of Council, that they should appear at this General sessions 
& Assembly, if they, had any thing to object against said 
Petition, why it should not be granted ; but none appear- 

Ordered, That the selectmen are hereby impowered to 
make sale of part or all the lands or other estate within 
the town of Dover belonging to the said Hamilton, and im- 
prove the same for his maintenance. 

Assembly prorogued to the 1^^ Tuesday of October next. 



At a Council and General Assembly, 
by prorogation, held at New Castle, 
this present Tuesday, 5^^ 8ber, 1697. 
Present, John Hincks, Esq. Presid*, 
Peter Coftin, ) Wm. Vaughan, ) -^ 

Robert Elliott, [ Esqs. Rich^ Waldron, \ ^^^^' 

Nath. Weare, ) 
After the perusal and adjusting several acco*'% and or- 
dered by the Council, the secretary to desire Lieut. Gov- 
ern'^ Partridge to send to the Council the Commission & 
Instructions. Adjourned to 10 of the clock to morrow 
morning. 



1697.] JOURNAL OF COUNCIL AND ASSEMBLY. 55 

At a Council and General Assembly, 
per adjournment to this present 
Wednesday, 6"^ October, 1697. 
Present, Ut Supra. 
The Secretary delivered to the Council the Commission 
and Instructions as was ordered, and left it with y^ Presi- 
dent. Robt. Elliott and Nath. Waer, Esqs., are appointed a 
Committee to join with two of the Gent, of the assembly by 
them chosen, to examine y® acc^^^ of, all disbursements & 
service done within this Province, & to make report thereof 
to the Council & Assembly tomorrow, at 2 of the clock in 
the forenoon. The Assembly chose Mr. Atkinson & Mr. Mas- 
ton for the Committee, And adjourned to morrow 12 of 
the clock. 



At a Council and General Asseml^ly, 
by adjournment, to the present Thurs- 
day, 7*^ October, 1697. 
Present, Ut Supra. 
The committee appointed to examine y^ claims & debts 
of the Province made return, as on file. The Council sent 
up for the whole Assembly and discourst with them about 
the acco"^ & for raising money to defray tlie Province 
charge : then the Assembly returned to consider of it, and 
sent up a Bill for raising 300^^^ Adjourned tomorrow 
morning 10 of the clock. 



^ At a Council and Assembly, per ad- 

journment to this present Friday, 8*^ 
October, 1697. 
Present, John Hincks, Esq., Presid*, 
Nath. Fryer, ) W"^ Vaughan, J 

Peter Coffin, > Esqs. > Esqs. 

Robt Elliott, ) Rich*^ Waldron, ) 

The Assembly being sent for by President and Council, 
and they past these several Acts (viz.) : 



5Q PROVINCE OF NEW-HAMPSHIRE. [1697. 

All Act for raising 300^^^ to defray the charge of the 
Province. 

An act for continuing the Impost and Excise, <fec., to the 
5^^ November, 1698. 

An Act about trespasses in cutting down trees, &c. 

And then the Pres'dent and Council prorogued the 
Assembly to the last Tuesday in November next, at 2 of 
the clock in the afternoon. 



New Castle, At a Council and General 
Assembly, by adjournment to this pres- 
ent Tuesday, 30^^ November, 1697. 
Present, John Hincks, Esq., 
Nath. Fryer, \ Hen. Green, ^ 

Peter Coffin, \ Esqs. W°^ Yaughan, V Esqs. 
Kobt. Elliott, ) Eich^ Waldron, ) 

[p. XL.] Ordered, that a General Day of Thanksgiving to 
Almighty God for his signal favors to us in our preservation 
from foreign invasions, & giving us a plentiful harvest, 
&c., and that the secretary give notice to the several min- 
isters in this Province, that Thursday, the 16*^ December 
next, is the day appointed for the same. 

Ordered, Major W^ Yaughan send two soldiers to Capt. 
Gerrish's his Garrison, at Dover, to reinforce the same. 
Then the Assembly was prorogued to the 2^ Tuesday in 
March next, at 2 in the afternoon. 



Prov. New Hamp. At a Council and General Assem- 

bly held at Portsmouth, the 28 De- 
cember, 1697. 
Present, 
The Hon'ble Wm. Partridge,* Lieut. Governor, &c., 
John Hincks, Esq., Pres*, 
Nath. Fryer, ^ Hen. Green, ^ 

Peter Coffin, [ Esqs. W"^ Yaughan, ) Esqs. 
Robt. Elliott, ) Rich^ Waldron, ) 

* See Minutes of Council, p. 259. 



1G98.] JOURNAL OF COUNCIL AND ASSEMBLY. 57 

The assembly men chosen and returned (viz.), For tlie 
town of Portsmouth, Capt. Jno. Pickring, Sam^ Keis, Jno. 
Plaistead ; for Hampton, Capt. Hen. Dow, Benj. Fyefield, 
Lieut. Jno. Smyth ; for Dover, Joshua Cromwell, James 
Davis, W" Furbur ; for Exeter, Sam^ Levett, Jno. Foulsom ; 
for New Castle, Theodo. Atkinson and William Seavey. 

The Assembly chose Capt. Pickring their speaker and 
approved of. 

Ordered, a dedimus Potestatem be directed to Peter Cof- 
fin and Robt. Elliott, Esqs., to swear the Assembly. 

Returned and sworn accordingly, only Josh. Cromwel 
not appeared. 

Adjourned to morrow morning, 10 of the clock. 



At a Council and General Assembly, 
by adjournment, 29*^' December. 
Present, Ut Supra. 
Major W™ Yaughan & Rich^ Waldron, Esqs., are ap- 
pointed by this Board as a Committee to join with two of 
the Assembly, to draw up an Address to his Majesty ; and 
the Assembly have chose Capt. Jno. Pickring, Mr. Jno. 
Plasteed to join. 

Ordered, that the sheriff have orders to send to Hampton 
for the choice of another Assemblyman instead of Benj. 
Fifield ; he being dismist. Adjourned to Portsmouth, 
Monday next, 3^ January, 10 of the clock forenoon. 



Province of New Hamp. 

At a Council and General Assembly held at 
Portsmouth, Wednesday 5*^ January, 1697-8. 

Present, Lieut Govern^, 

John Hincks, Esq., the Presid*, 

Peter Coffin, ) ^.^^ ^Y''' Yaughan, ) ^^^^ 

Hen. Green, 1 ^''^'' Rich^ Waldron, \ ^''^'' 

The Assembly chose Capt. Hen. Dow for their Speaker, 



58 PROVINCE OF NEW-HAMPSHIRE. [1698. 

instead of Capt. John Pickring, he being absent, and said 
Dow was by the Lieut Govern^ approved of. 

Ordered, that upon a petition from John Partridge, of 
Portsmouth, inno"",* setting forth his poverty and through 
weakness in his limbs not able to labor ; 

Ordered, that the Treasurer allow him forty shillings on 
his Excise. 

[p. XL.] Ordered, that notice be given the Representatives, 
that the Council are of opinion that it may be proper for them- 
to join with the Council in the Representation of the pres- 
ent state of affairs within this Province, to the Right Hon'^^® 
the Lords of his Maj'ty's most honorable privy Council 
appointed a Committee for trade and foreign plantations, 
which they accordingly did, as on file. 

Several votes passed by the Assembly and sent up to 
the Council, as they are all on file. 

Ordered, that the Secretary sign by order of Council, 
those several letters for the Lords of his Majesty's Council 
appointed a Committee for Trade and Plantations, &q. 
Both houses adjourned to the second Tuesday in February, 
next at 12 o'clock at noon. 



Province New Hamp. Portsmouth, 8^^ February, 1697. 

This day being the day whereto the Assembly were ad- 
journed, the extremity of the weather and the illness of 
several of the members of Council, that could not be a full 
Council. 

Wednesday, 9"' February. 
The remaining illness of the Council and extremity of 
bad weather, so none appearing present but 
The Lieut. Governor Partridge, 
Peter Coffin, Esq., Rich'^ Waldron, Esq. 
The Lieut. Governor sent up for those of the Assembly 
present, & they appearing, he told them for the reasons 

* Innkeeper? 



1698.] JOURNAL OF COUNCIL AND ASSEMBLY. 69 

aforesaid there could not be a full Couucil ; so nothing of 
any validity could be done then ; wherefore he adjourned 
them to the 2'^ Tuesday in March next, at Portsmouth, at 
12 of the clock at noon. Accordingly they were adjourned. 



Portsmouth. At a Council and General Assembly, 
by adjournment, to this present 8"' March, 1697. 
Present, Lieut. Govern'", 

Peter Coffin, -, ) -r. 

W- Yaughan, ^^^ Rich^ Waldron, ( ^^^^• 
For want of a full Council adjourned to morrow morning. 



At a Council and General Assembly 
9^^ March, as by adjournment. 
Present, Lieut Govern'", 

Jno. Hincks, ) 

Peter Coffin, V Esqs. W°^ Yaughan ) -^ 
Robt. Elliott, ) Rich'i Waldron, \ ^^^^* 

Lieut. Governor, Council and Assembly appointed 3 per- 
sons of each house for a committee to inspect those sev- 
eral ^Bills brought up from the Assembly, as on file, and 
adjourned to morrow morning 10 of the clock. 



At a Council and General Assembly by ad- 
journment, to this 10"' March, 1697. 
Present, Ut Supra. 
Some Bills sent up by the Assembly, as on file, & the 
committee appointed for the drawing up some bills, upon 
file. Adjourned to morrow 10 oclock, in the morning. 



Portsmouth. At a Council and General Assembly, by ad- 
journment to this present Friday, 11*^ March, 1697. 
Present as before. 
A return of the several bills being made by the commit. 



60 PROVINCE OF NEW-HAMPSHIRE. [1698. 

tee appointed to draw up, as on file, viz : About encroach- 
ing on highways ; births and marriages ; and that of fees 
about highways, Constables, & altering the time for Courts, 
were sent to the Assembly ; and then the Lieut. Governor 
sent up for the whole Assembly, and for some reason dis- 
solved them and they are accordingly dissolved. 



Esqrs. 



Portsmouth. At a Council and General Assem- 
bly held this present Tuesday, 3^^ April, 1698. 
Present, Lieut Govern'^, 
Jno. Hincks, Esq., Presid*, 
Nath. Fryer, ) 

Peter Coffin, > Esqrs. W™ Vaughan, 
Robt. Elliott, ) Eich^ Waldron, 

A dedimus potestatem by the Lieut. Governor, to Peter 
Coffin and Rich^ Waldron, Esqs. to administer the oaths to 
the Assembly according to Act of Parliament, and the 
Test, & accordingly was returned sworn, viz., for the Town 
of Portsmouth, Capt. Jno. Pickering, Mr. Jno. Plaistead, 
Mr. Sam^ Keis. For the town of Hampton, Capt. Hen. 
Dow, Lieut. Jno. Smyth, Mr. Jos. Swett. For the town of 
Dover, Capt. Jno.Tuttle, Lieut. W"" Furber, and Lieut. James 
Davis. For the town of Exeter, Mr. Sam^ Leavett & Theo. 
Dudley ; for the town of New Castle, Mr. Theodo. Atkin- 
son & W" Seavey. The Lieut. Governor ordered the As- 
sembly to choose their speaker. Adjourned to morrow 
morning, 10 of the Clock. 



Portsmouth. At a Council and Gen- 
eral Assembly, by adjournment, to the 
present Wen'sday, 6"^ April, 1698, 
Present, as before. 
The Assembly presented Capt. Jno. Pickring for their 
Speaker and was approved of by the Lieut. Governor. 
Adjourned to morrow morning 10 of the clock. 



1698.] JOURNAL OF COUNCIL AND ASSEMBLY. 61 

At a Council and Assembly by adjournment 
to this present Thursday, 7"' April, 1698. 
Present, Ut Supra. 
Mr. Duncan CampbelFs petition to the Lieut. Governor, 
Council and Assembly for a continuance of what was given 
concerning the Post Office for its support, was read & sent 
to the Assembly by Mr. Plastead & returned, and would not 
allow any tiling. 

Several bills returned to the assembly & assented to by 
the Lieut. Governor & Council, & three of this Board, viz., 
Peter Coffin, Major Yaughan and Rich'^ Waldron, Esqs., 
appointed a Committee to join with 6 of the Assembly for 
drawing up the Acts. Adjourned to morrow morning, 10 
of the clock. 



At a Council and ^General Assembly, by 
adjournment, this present 8 April, 1698. 
Present as before except Mr. Fryer. 

The Committee having agreed to several Bills, were all 
past into Laws, viz : 

An act for the raising 400^''^ [p. xliii.] towards the 
Province charge. 

An Act for regulating officers' fees. 

An Act about highways. 

An Act about constables. 

An Act about Births, Burials and Marriages. 

An Act about Courts. 

Then the Assembly were adjourned to the second Tues- 
day in June next, at Portsm^. 

13 June, 1698. So far are the Laws foregoing^ and Min- 
\^es Council ^ Assemblg, sent home for England, hy Capt. 
Jno. Long, 



62 PROVINCE OF NEW-HAMPSHIRE. [1698. 

Prov. New Hamp. 

At a Council and General Assembly held 
at Portsmouth, 14 June, 1698. 
Present, Lieut. Govern^ 

John Hincks, ) Hen. Green, ^ 

Robt. Elliott, } Esqs. Peter Coffin, ' -^ 

Nath^ Fryer, ) Yf- Yaughan, ^ -^^^s- 

Rich*^ Waldron, J 

Mr. Jno. Bridger's petition being read to this Board and 
sent to the assembly praying some assistance of men for 
a guard to him to view the woods to see what stoers are 
to be had for his majesty's use, he being commissioned 
thereto, and as by his petition on file, 

Ordered, by the Lieut. Govern'", Council and General As- 
sembly, that sixty men be forthwith raised in the several 
towns within this Province, with arms, horses, amunition & 
provision, to attend the service aforesaid, at time and place, 
when and where, the Lieut. Governor shall appoint, & that 
the said Bridger be from time to time Licoraged and as- 
sisted in this his maj'ty's service within this Province. 

A committee apointed by this Board to Join with two of 
the assembly to draw up a Letter to his Excellency the 
Lord Bellamont, and to acknowledge his favor in his last 
letter, &c., as on file. 

Committee appointed by this Board are W™ Yaughan 
and Pich*^ Waldron, Esqs. ; Committee from the Assembly, 
Mr. Jno. Plastead, Mr. Sam^ Keis. And then the Lieut. 
Govern'" adjourned the assembly to the second Tuesday in 
August next. 



1698.] JOURNAL OF COUNCIL AND ASSEMBLY. 63 

Pro : New Hampshire. 

At a Council and General Assembly held 
at Portsmouth by adjournment, to this 
present Tuesday, 9*'' August, 1G98. 
Present, Lieut. Govern'*, 
John Hincks, ) W"^ Vaughan, ) -p , 

Peter Coffin, [ Esqs. Ricli'^ Waldron, ( "^^'l^* 

Robt. Elliott, ) 

The petition of Rich'^ Gerrish, commander of y^ ship 
Benjamin, concerning the remitting his powder money be- 
ing read. Ordered, that he pay his powder money here as 
he did at Boston. 

Application being made to the Lieut. Govern'', Council 
and General Assembly, by Mr. John Bri»dger, &c., that In- 
coridgment may be given to the inhabitants of this Prov- 
ince for sowing of hemp the next season, in order to gain 
a right understanding what this Province may be able to 
produce of that kind towards the supply of his maj'ty's 
naval stores,- 

Ordered, that the gentlemen [p. XLiv.] of the Assembly 
do give notice hereof to the inhabitants within their re- 
spective towns, and endeavor the promoting so good a 
work tending to his maj'ty's service and their own interest. 
Past by the Assembly. Theo. Atkinson, CL, 

Hen. Penny, Seer. 

The Lieut. Govern'^ having sent up for the whole Assem- 
bly and demanding if at present they had anything further 
to offer for his maj'tys service ; they answered, None. 

Then the Lieut. Govern'^ adjourned them to the second 
Tuesday in October next, at Portsmouth, 12 of the clock 
at noon. 

Note. The paging of the " Journal of Council and Assembly," which 
follows, is in figures, as in the original record. s 



64 ' PROVINCE OF NEW-HAMPSHIRE. [1699. 

[p. 1.] Province of ) At a Council and General Assem- 
New Hamp^ \ blj held by adjournment at Ports- 
mouth, Lunas die, Aug* Septimo, 
anno 1699, 
being the first after the publication of his Maj*'*^^ Letters 
Pattents, dated the eighteenth day of June, in the ninth 
year of our Reign, unto his Excellency Richard, Earl of 
Bellomont,* Capt. General and Governor-in-chief of this 
Province. Ante Merediem. 

Present, 
His Excellency Richard, Earl of Bellomont, Capt. 
General, &c., 

W"' Partridge, Esq., L* Govern^ 
John Hincks, ) -n, Robert Elliot, ) -ni 

Nath- Pryar, j ^^^s- Capt. Jno. G^rrish, j ^^I'S. 

Capt. John Pickerin, J 

Mr. Sam^ Penhallow, > For the town of Portsmouth. 
M'- John Plaisted, ) 
Capt. Henry Dow, ) 

L* John Smith, > For the town of Hampton. 

L* Joseph Swett, ) 
M"^ James Randal and M'^ Theodore Atkinson for the 
town of New Castle. 

Capt. Jno. Tuttle, ^ 

Capt. Jno. Woodman, > For the town of Dover. 

M^- Nath. Hill, ) 

£Sr&r^^'! Town of Exon [Exeter]. 

Henry Green, of Hampton, Esq., prayed his Excellency, 
that in regard of his age, many infirmities and remoteness 
of habitation, he was very unfit to serve his Majesty as a 
member of Council,! he might therefore be dismissed ; and 
was dismissed accordingly. 

* See llecords of Council, Commission of Gov. Bellomont, pp. 305-312. 

t Henry Green, Esq., was one of the most prominent men of Hampton. See a 
biographical notice of liim by Hon. S. D. Bell in Coll. JV. H. Hist. Soc. Vol. S, j)p. 374- 
377. In the Town Records of Hampton is the following entry : " Henry Green, Esq., 
aged above 80 years, for several years a member of the Councill, untill by age he 
layd downe that place; but did it justice till he died, which was the 5 August, 
1700." — Ed. 



1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 65 

His Excellency sends for the House of Representatives, 
who waited upon him ; he advised them to go to the house 
appointed for them to settle their House, choose tlieir 
Speaker and present him at four o'clock this afternoon. 

Ordered that a writ of Dedimus Potestatem be made out 
and y* the names of John Hincks and Robert Elliott, 
Esqrs., and Mr. Sampson Sheafe, Secretary, be inserted, 
and they impowered to administer the oaths appointed by 
act of Parliament instead of the oaths of Allegiance and 
Supremacy, to every member of the House of Representa- 
tives ; and that they see them repeat and Test and sub- 
scribe the Association. The dedimus Potestatem was 
accordingly made out & signed by his Excellency & sealed 
with y^ Province Seal. 

Adjourned till four o'clock in the afternoon. 



[p. 2.] Province of j At a Council and General Assem- 
New Hamp"*. j bly, held by adjournm*, at Ports- 
mouth, Lunse die, Augus^' Septimo, 
Anno 1699, Post Merediem. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. Gen', &c., 
William Partridge, Esq., L* Govern^ 
John Hincks, ) -c, Robert Elliott, ) t^ 

Nath> Fryer, \ ^''i'"'- Oapt. Joh.i Gerrish, \ ^^^s- 

The Committee impowered by writ of dedimus potesta- 
tem to administer the oaths appointed, &c., unto all and 
every member of the House of Representatives, made y"" 
return of their doings therein, as on file. 

The petition of Samuel Allen, Esq., about the reviveing 
Courts that his Processe may be continued, and no timber 
felled, was read. 

The Assembly or House of Representatives waited upon 
His Excellency at four o'clock this afternoon, and presented 
Mr. Samuel Penhallow to be their Speaker, and His Excel- 



66 PROVINCE OF NEW-HAMPSHIRE. [1699. 

lency approved their choice and made the following Speech 
to the Council and House of Representatives: 



EARL OF BELLOMONT'S SPEECH. 

Gentlemen: — 

I have called you together at this time to give you an oppor- 
tunity of serving the common interests of yonr country by re- 
dressing the grievances the Province lies under, and^ of making 
such Laws as may, by the blessing of God, establish you in safety 
and happiness for the time to come. I am very sensible of the 
great sufferings you sustained all this last war by this Province 
being a Frontier towards the Eastern Indians — a cruel and per- 
fidious enemy in their own nature, but taught and encouraged 
to be more so by the Jesuits and other popish Missionaries from 
France, who were not more industrions during the war to insti- 
gate their Indian disciples and proselytes (as they are pleased to 
call 'em) to kill your people treacherously, than they have been 
since the peace to debauch those Indians from their former sub- 
jections to the Crown of England, insomuch as at present, they 
seem to have departed from their allegiance to the Crown and 
revolted to the French. I have taken such measures as quickly 
to find ont whether those [p. 3.] Indians w^ill return to their 
obedience to the Crown or no ; if they do not, and that they com- 
mit any Hostilities ui)on you, I doubt not but find an easy way 
of subduing them. 

Upon the report of His Majesty's Engineer, whom I sent to 
view the Fort on the Great Island and the harbour of this Town, 
I find the situation is naturally well disposed, but the Fort so very 
weak and untenable that it requires the building a new substantial 
one to secure yon in time of war. 

You will do well to take this matter into consideration as soon 
as may be. This Province is well seated for trade, and your har- 
bor here on Piscataqua Elver so very good that a fort to secure it 
would invite people to come and settle among you ; and as you 
grow in numbers so will your trade advance and flourish, and you 
will be useful to England, which you ought to covet above all 
things, not only as it is your duty, but as also it will be for your 
glory and interest. 

Such a King as God hath blest you at present, and such a nation 
as that of England, onght to excite in us a noble ambition to be 
religiously faithful to the first, and zealously subservient to the 
hitter. 



1G99.] JOURNAL OF COUNCIL AND ASSEMBLY. 67 

I recommend to you, gciitlcmeu of the House of Ecpresenta- 
tives, the providing for the necessary support of the Government, 
you being- best able to judge what the charge will be, and its be- 
longing to you of right to provide the means to defray that charge. 

Gentlemen: — You will do well to think of everything that may 
conduce to your own happiness and advantage, wherein you may 
depend on my concurrence with you, for I have all the disposition 
imaginable to do the King and this Country the best service I am 
cajjable of. 



The bill for reviveing and continuing of writs, processes, 
actions, suits, &c., depending in the late Superiour Court of 
Judicature within this Province, and discontinued, &c., 
was read this day. 

Ordered, that a Bill for returning of Jurors to serve in 
the several Courts of Justice within this Province was 
read this day. 

Ordered, that the Secretary do give notice unto Major 
W™ Vaughan and Major Joseph Smith, to appear at this 
board on Wednesday morning, ten o'clock, and that they 
bring the Acc*^ of the treasury of this Province, committed 
to them. 

Adjourned till tomorrow morning, ten o'clock. 



Orders of the House. 
[Copied from MS. Minutes of the Assembly.] 
For regulating the House they have voted, that the following 
articles be observed, viz. : 

1. First. 
That every member of this Assembly that shall be absent att 
the time apointed for meeting, and att calling over, shall pay three 
pence to the Clark for every such defect. 

Secondly. 
That whosoever, by any misbehave in speech or action, justly 
offend any of the members of the House, he shall for the first be 
admonished ; the second, fined, as the House think meet. 



68 PROVINCE OF NEW-HAMPSHIRE. [1699. 

Thirdly, 
That none shall speak twise, untill every man have liberty to 
speak once. 

Fourthly. 
That every member directs his speach to the Speaker, and not 
to another, and when they have a mind to speak to any case they 
ask leave of him to speak. 

Fifthly. 
That none smoak tobacco in the house after calling over, on Pen- 
alty of 3d for the Clerk. 

Sixthly. 
That the speaker shall have a casting vote, when there shall be 
an equal vote. 

Seventhly. 
That any member of the house shall have liberty to Enter his 
Decent from any vote without giveing any Reason thereof. 

Eighthly. 
That if the speaker be absent, the House may choose a speaker 
pro temjjore, that the affairs of tlie House may be carried on not- 
withstanding such vacancy. 

Ninthly. 
That if Any member after being Entered and Qualified, shall 
absent himself a day without leave from the House, he shall pay 
a fine of five shillings ; except he show to the house a sufitient 
Reason for his soe absenting. 

Tenthly. 

That if any member of this House shall be, by the major part 
of the House, thought unfitt and not qualified for s^ place, it shall 
be in their power to dismiss such Person, giving notise to the 
Town where he belonged to choose another to fill up such 
vacancy. 

Adjoui-*^ untill the 8*^ inst., ten of the clock. 



1699.] JOURNAL OP COUNCIL AND ASSEMBLY. 69 

[p. 4.] At a Council and General Assembly, held by 

adjournment, at Portsmouth, Martis die, 
Aug. Octavo, Anno 1699, Ante merediem. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. Gen- 
eral, <fec., 

Will'" Partridge, Esq., L*. Govern'', 

John Hincks, ) -c^ ^ Robert Elliott, ) -r^ 

^ . ^ ^ M Esqs. ^ . _. ^^ ^J., Esqs. 



Peter Coffin, j "''"^^' Capt. Jno. Gerrish, 

The Bill about reviveing the Supreme Court of Judica- 
ture read a second time. 

His Excellency proposes to the Council that he thinks 
they could not, with justice, proceed to a third reading of 
said bill until Colonel Samuel Allen, late Governor of this 
Province, be heard in answer to that part of said bill which 
reflects on the justice of his administration. 

Ordered, by his Excellency and Council, that Colonel 
Samuel Allen have notice to appear here in person or by 
his council, at four o'clock in the afternoon ; and that the 
petitioners, Mr. Richard Waldron and Major W"' Vaughan 
and Capt. Henry Dow, do also attend at the same time to 
make good the suggestions of their petitions, delivered 
in on Monday, 31** of July past, against the said Colonel 
Sam^ Allen, upon which petition the said bill is grounded. 
And it is also ordered that if Colonel Sam^ Allen requires 
it, he may have a copy of said petition and bill. 

The bill about the due qualification of Jurors read a 
second time. 

The bill forbidding holding any correspondence with, or 
assisting any person or persons fitted out of Scotland, and 
are said to have been settled in a certain place called Calle- 
donia, &c., read a second time. 

The petition of Samuel Comfort, L* of the fort, for 
salary, read. 
Adjourned till afternoon at three of the clock. 



70 PROVINCE OF NEW-HAMPSHIRE. [1699. 

[p. 5.] At a Council and General Assembly held at 

Portsmouth by adjournment, Martis die Aug. 
octavo, Anno 1699, Post merediem. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. Gen- 
eral, &c., 

Will™ Partridge, Esq., L* Governor, 
John Hincks, ) ^ Robert Elliott, ) -^ 

Nath' Fryer, j ^^^^' Capt. John Gerrish, ( -^^^^• 

The bill for the due qualification of Jurors read a third 
time. 

The said bill was passed by his Excellency and Council, 
and it is ordered to be carried to the House of Represen- 
tatives for y^ concurrence. 

A Letter from the Lords Com''^ of the Council of Trade 
and Plantations, relating to Mr. Charles Story negotiating 
the affairs of this Province in England, was read in 
Council. 

Ordered, That Colonel Sam^ Allen, Mr. Richard Wal- 
dron. Major William Yaughan and Capt. Henry Dow be 
desired to appear at this Board to-morrow morning at ten 
of the clock precisely. 

Adjourned till to-morrow morning ten of the clock. 



At a Council and General Assembly held at 
Portsmouth by adjournment, M^curii die 
Aug. nono, Anno 1699, ante merediem. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. Gen", &c., 
John Hincks, ) Robert Elliott, )^ 

S;Sn: r''- Capt. Jno. Gen-ish, | ^^^^ 

Major W™ Vaughan and Major Joseph Smith appeared 
according to notice given them, and presented their acco"^ 
as Treasurers of this Province. 



1C99.] JOURNAL OF COUNCIL AND ASSEMBLY. 71 

Ordered, that the said acc"^ be committed and referred 
to the examination and audit of John Hincks, Robert El- 
liott, Esqs., members of his Majesty's Council, and that 
Rich^ Waldron, Esq., be added to said committee. 

[p. 6.] Colonel Samuel Allen, with his Council, accord- 
ing to notice given, appeared before his Excellency and 
Council, to answer to the reflections contained in the bill 
about reviveing and continuing of writs and processes, &c., 
and also the merits of said bill ; and to the petition of 
Richard Waldron, Esq., Major W™ Vaughan and Capt. 
Henry Dow, upon which said petition is Grounded. 

The petitioners with their Council appeared before his 
Excellency and Council at the same time, and being heard 
severally to said petition and bill, his Excellency desired 
the said parties with their council to withdra^w, and de- 
clared to them that was offered by their council on both 
sides should be considered. 

The House of Representatives, by the hands of Capt. 
Henry Dow and M'' Theodore Atkinson, their messengers, 
presented the following answer to his Excellency's speech, 
and also at the same time returned the bill entitled An 
Act for choosing and returning of Jurors to serve in the 
several Courts of Justice within this Province, with amend- 
ment. 

The House of Representatives their answer to his Excel- 
lency's Speech : 

3£ay it please your Excellency, — 

Wee, His Maj'tys most dutiful and loyal subjects, tlie Repre- 
sentatives of this his Maj'tys Province, cannot omit a most grate- 
full acknowledgement of your Lord^P^ favor, declared in your 
speech to this Assembly, wherein your LordPP hath been pleased 
to express so great a kindness towards us, so deep a sense of our 
late sufferings and present condition, and so tender a reguard to 
our future welfare, that our hearts are filled with an entire joy 
and satisfaction, for that alsoe we now see your LordPP^ presence 
has already dispersed those dark clouds of late impending, por- 
tendous of our ruin and destruction, and given us a fair prospect 
of a serene and happy day. 



72 PROVINCE OF NEW-HAMPSHIRE. [1699. 

As to the several paragraphs in your Lord^p* speech they are 
now under consideration, and we shall follow your Lord^p* direc- 
tions therein, resolving in all things according to our best under- 
standing, to behave ourselves as becomes his maj'ty's most dutiful 
and Loyal subjects, and your LordPP^ most faithful and obedient 
servants. 

Adjourned till three o'clock afternoon. 



[p. 7.] Att a Council and General Assembly held at 

Portsmouth, by adjournment, Mecurii die, 
Aug. nono, 1699, Post merediem. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. Gen", <fec., 
John Hincks, ) Peter Coffin, ) -^^ 

Nath^ Fryer, [ Esqs. Capt. Jno. Gerrish, J ^^^^* 
Robert Elliott, ) 

There being a vacancy in the Council by reason of Henry 
Green, Esq., liis desire to be discharged and dismissed 
from said service by reason of his age and infirmities, and 
remote habitation, was accordingly dismissed ; his Excel- 
lency was pleased to appoint Richard Waldron, Esq., to be 
one of the Council in the room of Henry Green, Esq., and 
to take the oaths enjoined. 

Richard Waldron, Esq., accordingly in Council took the 
oaths appointed by act of Parliament instead of the Oaths 
of Allegiance & Supremacy, repeated and subscribed the 
Test, and subscribed the Association, and took the oath of 
a Privy Councellor. 

The petition of John Cross, a soldier at the fort, for 
wages, was read. 

Ordered, that the consideration of said Petition be de- 
ferred till Major W"' Yaughan and Major Joseph Smith, 
late Treasurers', ace"" are stated. 

The petition of James Phillipps, soldjer at the fort, for 
wages was read. 



1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 73 

Ordered, that said petition be deferred until Major W"™ 
Vauglian and Major Joseph^Smith, late Treasurers', acc^^'' be 
audited. 

The Bill entitled an Act for Establishing Courts of Pub- 
lick Justice within this Province hath been tlirec times 
read, consented to by the Council, and sent to the House of 
Representatives for concurrence. 

The Bill entitled an Act choosing and returning of Ju- 
rors to serve in the several Courts of Justice, sent up by 
the House of Representatives, with amendm*, was read, 
and his Excellency observing that in the said bill the free- 
holders of the respective towns are to make choice of Ju- 
rors by virtue of warrants directed to them from the Jus- 
tices of the respective courts, is contrary to the practice of 
England, where the sheriffs return Jurors ; he is therefore 
of opinion that for the more exact [p. 8.] conformity to 
the Laws and practice of England, it will be best the said 
committee prepared the said bill, do prepare a new bill, 
wherein the sheriffs shall have the care and charge of re- 
turning and impanneling Jurors ; to which the Council do 
consent. 

His Excellency proposes to the Council that it will be 
expedient that there be an humble address prepared to be 
presented in the names of his Excellency, Council and 
House of Representatives unto his maj'ty, to assure his 
maj'ty of their inviolable duty and affection to his Maj'ty's 
person and Government, to which the Council do consent ; 
and it is committed to John Hincks, Robert Elliott and 
Richard Waldron, Esqs., to prepare said bill. 

Adjourned till to-morrow morning, ten o'clock. 



T4 PROVINCE OF NEW-HAMPSHIRE. [1699. 

At a Council and General Assembly, held 
at Portsmouth, by adjournment Jovis die, 
Aug*" decimo, anno 1699, ante merediem. 
Present, 
His Excellency Eichard Earle of Bellomont, Capt. Gen" &c., 
John Hincks, ^ Peter Coffin, ) 

Natli^ Fryer, [ Esqs. Capt. Jno. Gerrish, > Esqs. 
Robert Elliott, ) Rich'^ Waldron, ) 

The bill for establishing Courts of Judicature within this 
Province sent down to the House of Representatives by 
Rich"^ Waldron, Esq., for their concurrence. 

An address of the House of Representatives relating to 
the fortifications read. 

An address of the House of Representatives complaining 
of the late Governor Sam^ Allen, Esq., and persons in of- 
fic3, read. 

The address complaining of the Late Gov^ Sam^ Allen, 
Esq., and persons in office, by him put in, referring to the 
gentlemen of this present Council for further information : 

His Excellency orders the said address be delivered unto 
them for to direct them tlierein. 

Adjourned till three o'clock, afternoon. 



[p. 9.] At a Council and Gen" Assembly held at 

Portsm"", by adjournment, Jovis die, Aug*" 
decimo. Anno 1699, Post Merediem. 
Present, 
His Excellency, Richard Earle of Bellomont, Capt. Gen" &c., 
W™ Partridge, L* Govern^ 
John Hincks, ) Peter Coffin, ) ^ 

Nath. Fryer, } Esqs. Capt. Jno. Gerrish, j ^^^^• 
Robert Elliott, ) 

Nath^ Fryer, Esq., moved that the inconvenience of 
heaving out ballast in this River might be considered. 



1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 75 

The Bill for Establishing Courts of Publick Justice within 
this Province, returned from the House of Representatives 
for amcndui*. The said bill was amended and returned to 
the House of Representatives for their concurrence. 

Adjourned till to-morrow morning at nine of the clock. 



At a Council and Gener" Asscmldy held at 
Portsm*^ Ven^ die, Aug*" Undecimo, Anno 
1690, Ante Merediem. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. 
Gener^^, &c., 

W"' Partridge, Esq., L* Govern^ 
John Hincks, ^ Peter Cofhn, J 

Nath^ Fryer, > Esqs. Capt. John Gerrish, > Esqs. 
Robert Elliott, ) Rich. Waldron, ) 

The Act to return able and sufficient Jurors to serve in 
the sever" Courts of Justice, and to regulate the election 
of Representatives, to serve in the Gener" Assembly within 
this Province, was amended, read and sent by the hands of 
Richard Waldron, Esq., one of the Council, unto the 
House of Representatives for their concurrence. 

[p. 10.] His Excellency observing that the Superiour 
Court of Judicature, according to the present establish- 
ment, will not come in course until the second Tuesday in 
February next, and to the intent that the suitors in the 
late Supreme Court of Judicature within this Province, to 
have been holden by adjournment on the first Tuesday of 
this present month of August, and discontinued by his Ex- 
cellency's arrival and entrance upon the Government, ma}^ 
not be prejudiced by our long delay : His Excellency pro- 
poses that provision be made by Act of Assembly that the 
said Superior Court, pro hac vice, be held at a shorter day 
for the hearing and trying of the causes and suits depend- 
ing in the said Supreme Court, discontinued by means 



76 PROVINCE OF NEW-HAMPSHIRE. [1699. 

aforesaid, and that this matter be referred unto the con- 
sideration of the board until the sitting of the Council in 
the afternoon. 

The House of Representatives returned the bill to re- 
turn able and sufficient jurors, <fcc., with the desire that 
there may be these additions thereto : viz.. That the Grand 
jurors may serve one year, and that all Town Clerks may 
be sworn. 

Adjourned till three o'clock this afternoon. 



At a Council and Gen^^ Assembly held at 
Portsm^, by adjournment, Yen"^ die, Aug**^ 
undecimo, Anno 1699, Post Merediem. 
Present, 
His Excellency Richard Earle of Bellomont Capt. Gen", <fec., 
W™ Partridge, Esq. L* Govern^ 
John Hincks, ) -ri Peter Coffin, ) 

Natli> Fryer, \ ^^ Capt. John Gerrish, [ Esqrs. 

Richard Waldron, ) 

The bill to return able and sufficient Jurors, &c., sent up 
by the House of Representatives, with two additional 
clauses. The said clauses were thrice read, consented to 
by the Council, and sent to the House of Representatives 
for their concurrence. 

[p. 11.] A Bill for restraining and punishing privateers 
and Pirates having been sent to the House of Representa- 
tives for their concurrence, is passed by the Representa- 
tives and ordered to be ingi'ossed. 

The House of Representatives sent up a message, to 
crave that they might have the Treasurer's aec"% to act as 
the affiiirs may require. 

Adjourned till to morrow morning, 9 o'clock. 



1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 77 

At a Council and Gen^^ Assembly held 
by adjournment, at Portsm", Sabti die, 
Aug. duodecimo, Anno 1G99, ante 
merediem. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. Gen", <fec., 
W"^ Partridge, Esq, L* Govern"", 
John Hincks, ) Peter Coffin, J 

Nath. Fryer, > Esqrs. Capt. John Gerrish, > Esqrs. 
Robert Elliott, ) Rich^ Waldron, ) 

John Hincks, Robert Elliott and Richard Waldron, Esqs., 
being appointed a committee, to examine and auditt the 
acc**^ of the late Treasurers, Major W™ Vaughan and Major 
Joseph Smith, made their report to this board. 

Ordered, that Richard Waldron, Esq., carry their return 
to the House of Representatives and desire them to dis- 
patch. 

A vote brought from the House of Representatives by 
the hands of Capt. John Tut tie, for setting of town bounds, 
was read. 

His Excellency acquainting L* Governor W™ Partridge, 
Esq., that he is accused by John Usher, Esq., late L* Gov- 
ern'' of this Province, of a force or riot committed by him 
the said L*. Govern'' Partridge, in opposing M"" Usher, who 
was at that time commander, from the Right Hon^^^ the 
Lords Com''^ of the Council of Trade and Plantations, ex- 
pressed in their Lordi^i'® Letters of the third of Aug* 1697, 
relating to this his maj'ty' s Government ; For a further 
account whereof, his Excellency refers L* Gov'' Partridge to 
a memorial delivered his Excellency by M'" Usher, [p. 12.] 
the 31^* of July last past, and dated the same day, which 
memorial his Excellency now delivers him, in order to his 
the said L* Governor making answer to the charge therein 
contained. 

His Excellency also delivers John Hincks and Rich** 
Waldron, Esqrs, members of his maj'ty's Council, a memo- 



78 PROVINCE OF NEW-HAMPSHIRE. [1699. 

rial of M"* Usher, bearing date also the 31^* of July last 
past, and delivered his Excellency by M"* Usher at the same 
time with the above memorial, wherein the said Mr. Hincks 
and Mr. Waldron, with others, are charged with high mis- 
demeanors. His Excellency declaring that he thinks fit to 
deliver them the said memorial, that they may prepare 
their answer to M"^ Usher's charge against them. 

His Excellency also acquaints L* Govern^ Partridge, Jno. 
Hincks, and Richard Waldron, Esqrs., that he hath some 
orders, from the Right Hon^^^ the Lords Com''^ of the Coun- 
cil of trade and plantations, contained in a Letter from 
their LordPP% bearing date the 26^^' of Aug^*, 1697, con- 
cerning certain complaints exhibited by Mr. Usher against 
them to their said Lordi'^% which said Letter his Excellency 
hath brought with him ; but hath unhappily left at Boston 
two papers sent by tlieir Lord^^*^ and inclosed with the same 
letter as also referred to therein. And His Excellency, 
finding a want of those two papers, advises L* Govern'' Par- 
tridge, and the other two Gentlemen aforesaid, to suspend 
the drawing up the Answers until his Excellency's return 
to Boston, from whence he will give them full Instructions 
what their LordPi''' orders are, and what is expected from 
the L* Govern'^ and Gentlemen above named. 

Adjourned till 3 o'clock afternoon. 



At a Council and Gen^^ Assembly held 
by Adjour*, at Portsm"^ Sabti. die Aug* 
duodecimo, Anno 1699, Post mere- 
diem. 

Present, 

His Excellency Richard Earle of Bellomont, Capt. Gen",&c.j 

W"^ Partridge, Esq., L* Govern"", 

John Hincks, ) -r^ Capt. John Gerrish, ) -n^ 

Peter Coffia, | ^''^''- Richard Waldron, j ^^^^'^^ 

Adjourned till 9 o'clock, Monday morning. 



1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 79 

[p. 13.] At a Council and Gen" Assembly held by 

adjournment, at Portsm^, Lunai die, Aug'- 
14''^, Anno 1G99, Ante merediem. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. Gen", <fec., 
W™ Partridge, Esq., V Govern^ 
John Hincks, ) -p, Peter Coffin, ) 

Nath^ Fryer, \ ^^'1^'^* Robt. Elliott, [ Esqrs. 

Rich^^ Waldron, ) 
His Excellency produced an Address which he had drawn 
up to his Maj'ty in behalf of himself, the Council and 
House of Representatives, and that upon the heads dis- 
coursed of between himself and the gentlemen of the Coun- 
cil, and they approving thereof, W Waldron is appointed 
to carry down the same to the House of Representatives, 
for their concurrence. Adjourned till 3 o'clock afternoon. 



At a Council and Gen" Assembly held by ad- 
journment at Portsm"", Lunse die, Augt. 14"', 
Anno 1699, Post merediem. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. Gen", &c., 
W™ Partridge, Esq., L* Governor, 
John Hincks, ) Peter Coffin, ) 

Nath^ Fryer, V Esqrs. Capt. Jno. Gerrish, > Esqrs. 
Robert Elliott, ) Richard Waldron, ) 

His Excellency observing to the Council that the excep- 
tion of the House of Representatives to the acc^*^ of Major 
•\Ym Yaughan and Major Joseph Smith, late Treasurers, is 
General ; is therefore of opinion that a messuage be sent 
to the House of Representatives to desire them to explain 
themselves in showing which articles in the said accounts 
they except against as insufficient; to which the Council 
do agree ; and Rich*^ Waldron, Esq., is desired to carry the 
said messuage to the Representatives, which he accordingly 
did. 



80 PROVINCE OF NEW-HAMPSHIRE. [1699. 

A Bill for reviveing and continuing of writs, Process, 
actions and suits, &c., depending in the late Supreme Court 
of Judicature, read the third time, passed, and sent down 
to the House of Representatives for their concurrence. 

Adjourned till to-morrow morning 9 o'clock. 



[p. 14.] At a Council and Gen" Assembly held by 

adjournment, at Portsm^ Martis die, Aug. 
15"^, Anno 1699, Ante merediem. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. Gen", &c., 
W™ Partridge, Esq., L* Govern'", 
John Hincks, ) Peter Coffin, . ) 

Natli^ Fryer, > Esqrs. Capt. Jno. Gerrish, > Esqrs. 
Robert Elliott, ) Rich^ Waldron, ) 

His Excellency produces a former Great Seal of this Prov- 
ince, which he rece*^ this day from the hands of Sam' Allen, 
Esq., late Govern'', and which he caused to be cut in two 
and defaced, pursuant to his Maj'ty's warrant bearing date 
the tenth day of June, 1699, in the tenth year of his 
Maj'ty's Reign ; and the silver of the said former Seal, his 
Excellency hath delivered to the Secretary to be restored 
to Sam' Allen, Esq., aforesaid. 

His Excellency doth also deliver to W™ Partridge, Esq., 
L* Govern'', a new great scale lately sent to his Excellency 
from England ; and orders that the Secretary do enter his 
Maj'ty's warrant in the Council Book, authorizing and 
commanding the use of the said scale within this his 
Maj'ty's Province ; which warrant bears date as aforesaid. 

[Seal.] William R. 

To our Kight trusty and well beloved cosin, Richard Earle of 
Bellomont, our Govern'" and Comander-in-chief of our Province of 
New Ilainpsliire, in New England, in America; and to our L* 
Govern'" and ComanMn-cliiefe of our said Province, for the time 
being, Greeting: with this you will receive a Seal, prepared by 



1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 81 

our order for the use of the Government of New Hampshire ; 
which Seale is engraven with our Arms, Garter, Supporters, 
Motto and Crown; with this Inscription around y^same: Sig. 
Proving.*: Nostra de Nov. Hamptonlv in Americ: and our will 
and pleasure is, and we do hereby authorize you and our L* Gov- 
ern^ or comandor-in-chiefe [p. 15.] of our said Province, for the 
time being-, to affix the said Seale to all patents and grants of Land, 
and to all Publick acts and Instruments of Governm* which shall be 
made and passed in our name, within our said Province ; and that 
it be to all intents and purposes of the same force and validity as 
any former Seale appointed for the public use of the Government 
in our said Province, hath heretofore been; which former Seals 
are not to be further made use of or affixed to any public acts or 
Instruments whatsoever, but to be defaced and broken. 

Given at our Court at Kensinton, the tenth day of January, 
1699, in the tenth year of our Reign. 

By his Maj'ty's command, 

Ja. Vernon. 

Capt. John Pickering brings a messange from the House 
of Representatives in writing, desiring that y'' exceptions to 
the late Treasurer's acc"^ which he brought with him, set 
down in a paper, might be considered of by his Excellency 
and Council. 

His Excellency produces an Address to the King ; which 
he signs and which also the L* Govern'^ and Council do 
sign : and the speaker with the House of Representatives 
signing the same. The Council and. House of Representa- 
tatives request His Excellency that he will take care that 
the said Address be humbly presented to his Maj'ty. 

Mr. Joseph Horn, Council for Sam^ Allen, Esq., and Mr. 
Thomas Newton and Mr. Charles Story, Council for Ricli^ 
Waldron, Esq., W™ Yaughan, Esq., Capt. Henry Dow and P 
Sam' Levett, do appear here before his Excellency and Coun- 
cil, and consent and agree that the sever" causes depending 
between the said parties, and were to be tried the first of this 
instant month of August, at an adjournment of a Supreame 
Court of Judicature, shall proceed to trial at the next Su- 
periour Court to be held at Portsm*^ the second Tuesday in 



82 PROVINCE OF NEW-HAMPSHIRE. [1699. 

February next, and subject to the same rule entered into at 
the adjournm* of the Supreame Court in May last. 

[p. 16.] A petition from Mr. James Mountess is delive^ 
to his Excellency by Mr. Thomas Newton, complaining of 
the seizure made of the ship Hopewell and cargoe. 

Adj*^ till 3 o'clock afternoon. 



At a Council and Gen^^ Assembly held at 
Portsm"", by adj*, Martis die, Augt. 15*^, 
Anno 1699, Post merediem. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. Gen- 
er", &c., 

W™ Partridge, Esq., L* Govern'', 
John Hincks, ) -p Robert Elliott, ) 

Peter Coffin, ) ^ * Capt. Jno. Gerrish, > Esqrs. 

Rich'^ Waldron, ) 
Ordered, that the Secretary doe acquaint Sam^ Allen, 
"Esq., that his Excellency and Council, having called for the 
public ace*** in order to do the country right, and it appear- 
ing in Major Smith's acc"^ that there was to the value of 
thirty and nine pounds, seventeen shillings, four pence, ex- 
pended in provisions for his Excellency's reception, which 
provisions major Smith saith were delivered to himself; 
his Excellency and Council do report that he will either 
deliver up and restore the same provisions in kind, or re- 
fund the money that they cost, into the hands of the said 
Joseph Smith, to be disposed of as his Excellency, Coun- 
cil and House of Representatives shall think fit ; also to 
acquaint him that the House of Representatives as well as 
his Excellency and Council, have taken notice, and com- 
plained of this among other articles in Major Smith's acc*"'% 
as a misapplication of the publick money. 

Mr. James Randell brought up from the House of Rep- 
resentatives a bill entitled an Act for a tax or assessm* 



1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 83 

of five hundred pounds, to which they desire the concur- 
rence of this board, which hath been twice read. 

Adjourned till to-morrow morning, at nine of the clock. 



[p. 17.] At a Council and Gener" Assembly, held 

by adjournm*, at Portsm^, decimo sexto 
die Aug*, Anno Dmi. 1699. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. 
Gener", &c., 

W"' Partridge, Esq., L* Govern'^, 
John Hincks, ) Peter Coffin, J 

Natli^ Fryer, > Esqs. John Gerrish, > Esqs. 
Robert Elliott, ) Rich^ Waldron, ) 

His Excellency having been addressed by the house of 
Representatives to remove Mr. Sampson Slieafe from the 
place of Secretary of this Province : first as it is inconsis- 
tent with his Deputy collector's place, and as he is an in- 
digent person, and much in debt ; and being accused by 
the House of Representatives for taking exorbitant fees ; 
and his Excellency having had a general ill character of 
the said Mr. Sheafe from the gentlemen of the Council and 
other persons, His Excellency declares that he is, for the 
reasons aforesaid, prevailed upon to remove him, the said 
Mr. Sheafe, from the Secretary's place of this Province ; 
and the rather, because he understands Mr. Sheafe held not 
the same by patent or Commission from his Maj'tys, but 
was put into that imployment (1) by Colonel Sam^ Allen, 
late Governor of this Province, and his Excellency desires 
Richard Waldron, Esq., a member of this Board, to do & 
perform the office of Secretary for the present, until 
another fit person shall be named & appointed thereto. 

The bill entitled an Act for the tax or assessm* of five 

(1) See Vol. II, p. 278. 



84 PROVINCE OF NEW-HAMPSHIRE. [1699. 

hundred pounds was read a third time and past by y® 
Council and ordered to be ingrossed. 

A Bill entitled an Act for continuing several rates and 
duties of custom, excise, impost and powder money, or 
Tunnage of shipping, was brought up by the hand of James 
Randle from the House of Representatives, & being thrice 
read was past by y® Council & ordered to be engrossed. 

L* Govern^ Partridge delivers an Address to his Excel- 
lency, signed by the Council and House of Representatives, 
containing a vindication of the said L* Governor, and of 
John Hincks, W"^ Yaughan and Richard Waldron, Esqs., 
from the unjust aspersions [p. 18.] thrown on them by 
John Usher, late U Govern'' of this Province, in two sev- 
eral papers, delivered by him the said John Usher, Esq., 
to his Excellency, the 31^* of July last past. 

Mr. Joseph Smith appearing before his Excellency and 
Council, and acquainting them that he had in obedience to 
their order of yesterday been with Colonel Allen, and 
brought such of the provisions as were left of those which 
were pretended to be bought for his Excellency's reception, 
his Excellency and Council do order, that he the said Mr. 
Smith, do go and acquaint the House of Representatives 
thereof, and do receive their directions therein, and Robert 
Elliott, Esq., is desired to accompany the said Mr. Sheafe 
[Smith?] to the House of Representatives and let them 
know that his Excellency and Council do conceive it proper 
that that affair be submitted to their cognizance. 

Adj* till to-morrow morning, 7 o'clock. 



1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 85 

At a Council and Gencr" Assembly, held by 
adjournment, at Portsm", decimo septimo die 
Aug*, Anno Dmi. 1699. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. Gen", <fec., 
W™ Partridge, Esq., L* Govern^ 
John Hincks, ) Peter Coffin, \ 

Nath^ Fryer, > Esqs. John Gerrish, > Esqs. 

Robt. Elliott, ) Rich'^ Waldron, ) 

John Hincks and Robert Elliott, Esqs., signed and 
swore severally to depositions in writing, relating to the 
Barque Hopewell of Jersey, whereof James Mountess, mer- 
chant, is owner, and the said depositions was delivered to 
his Excellency. 

Mr. Sampson Sheafe presents his acc"^ to the Board for 
the time he was employed as Secretary of the Province by 
Gov^ Allen, 

Ordered, that the said acc**^ be referred to the Examina- 
tion and Audit of John Hincks, Robert Elliott and Richard 
Waldron, Esqs., and that satisfaction be made the said 
Sampson Sheafe in all his just demands. 

[p. 19.] A messuage from the House of Representa- 
tives, in writing, by the hand of Nath^ Hill, a member of 
said House, was presented and read at the board, humbly 
praying that his Excellency would be pleased to appoint 
and commissionate such a number of y^ Hon^^^ Council as 
he shall think fit, to be joined with Mr. Sam^ Penhallow, 
Capt. John Plaisted, members of the House of Represen- 
tatives, to take and state the Publick acc"^ from the day 
that John Usher, Esq., took upon him the Governm* of this 
Province, and that publick notice be given by the said 
commissioners to the inhabitants of the respective towns, 
to bring in their sever" claims at time and place as they 
shall direct. 

His Excellency approving of the said motion, nominated 
and appointed John Hincks, Robert Elliott, and Rich- 



86 PROVINCE OF NEW-HAMPSHIRE. [1699. 

Waldron, Esqs., to be com'"^ with those named by the Rep- 
resentatives for the affair aforesaid. 

Ordered, that Mr. Sampson Sheafe, late Secretary, de- 
liver up all Books, writings and files of the publick records 
belonging to this Province, into the hands of Mr. Charles 
Story, now appointed to that office ; and that a catalogue 
and inventory of the same be first made by way of Inden- 
ture, one part thereof to be signed by the s*^ Sampson 
Sheafe, and the other part by the s^ Charles Story. 

Several acts having passed both Houses, were consented 
to by his Excellency the Govern'", and by him signed 
accordingly, viz. : 

An Act for restraining and punishing Privateers and 
Pirates. 

An Act to return able and sufficient Jurors to serve in 
the several Courts of Justice, and to regulate the election 
of Representatives to serve in the General Assembly within 
this Province. 

An Act for a tax or Assessm* of five hundred pounds. 

An Act for Establishing Courts of publick Justice within 
ys Province. 

An Act for continuing several rates and duties of Cus- 
tom, Excise, Impost and Powder money, or Tonnage of 
shipping. 

After which his Excellency was pleased to prorogue the 
Assembly to Monday, the 18^^ of Sept'^ next. 



[p. 20.] At a Council and Gener^^ Assembly, held 

at Porstm"^ by proroga*, the 18"^ day of 
Septs Anno Dmi. 1699. 
Present, 
William Partridge, Esq., L* Govern^ 
John Hincks, Esq., Robert Elliott, Esq., 

Richard Waldron, Esq. 
Two of the Council being sick, and there not being a 



1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 87 

quorum, the L* Govern'^ thought fit to send Richard Wal- 
dron, Esq., to the house of Representatives as a messen- 
ger, to desire the House to come to this Board. 

The House of Representatives appeared. 

The L* Govern'' acquainted tliem that he adjourned them 
till Tuesday, the seventh of November, 1699. 



At a Council and Gen" Assembly, held at 
Portsm'' by adjournment, the 7**" day of 
November, Anno Dmi. 1699, Post mere- 
diem. 

Present, 
W™ Partridge, Esq., L* Govern'' & ComandMn-Chiefe, 
John Hincks, \ Peter Coffin, ) 

NatW Fryer, [ Esqs. Jno. Gerrish, v Esqs. 
Robert Elliott, ) Rich^Waldron, ) 

Mr. Charles Story, the Secretary, was sent by the L* 
Govern'' to call the House of Representatives to this Board, 
which accordingly came ; and His Honor delivered to Mr. 
Speaker some papers in writing, acquainting him it was all 
at present he had to say to them for his Maj'ty's service. 

The L* Govern'' moved to this Board that there might be 
some care taken for a common Goale in this Province, the 
present goale not being fit to confine prisoners in winter 
time. 

Richard Waldron, Esq., was sent by the L* Govern'' as a 
Messuage to the House of Representatives, to acquaint 
them that John Plaisted, Esq., and Capt. John Pickering, 
not being in the House of Representatives at present, and 
they being two of the com'"'' [p. 21.] for stating the Publick 
acc"^ of this Province, they could not proceed any further 
about said acc"^ to night; but if said Plaisted and Picker- 
ing did not come to the said House of Representatives to- 
morrow morning, then they would proceed further therein. 
Adjourned till to-morrow morning, ten of the clock. 



88 PROVINCE OF NEW-HAMPSHIRE. [1699. 

At a Council and Gen^^ Assembly, held at 
Portsm° by adjournment, the eighth day of 
Nov% Anno Dmi. 1699, ante merediem. 
Present, 
The hon^i*^ W™ Partridge, Esq., L* Govern^ 
John Hincks, ) -n, Robert Elliot, ) -p, 

Nath. Fryer, j ^'l'" John Gerrish, \ ^^l^" 

Richard Waldron, Esq. 
Whereas the committee for stating the Public acc"^ of 
this Province, brought before this board the said acc"% 
Ordered that Richard Waldron and Robert Elliott, Esqs., 
carry the said acc"^ to the House of Representatives, in 
order that they may peruse the same. 
Adj*^ till nine o'clock to-morrow morning. 



At a Council and Gen^' Assembly, held at 
Portsm*^ by adjourn, the 9^^ of Nov^'^, Anno 
Dmi. 1699,(1) ante merediem. 
Present, 
The Hon^^« W" Partridge, Esq., L* Govern^ 
John Hincks, ) tt, Peter Coffin, ) -17, 

Nath^ Fryer, [ ^^^^- Jno. Gerrish, \ ^''^'' 

Kich^ Waldron, Esq. 
A petition of Eliz. Harvey was read relating to her hav- 
ing abatement of excise, by reason she keeps the post 
office. 

Ordered, that the Secretary give notice by writing to the 
Treasurer that said Mrs. Harvey be exempted from paying 
any excise for Beer, ale, or cider, according to the laws of 
this Province, so long as she keeps the post office. 

(1) [Copied from MS. Minutes of the Hoiise.] 
Not. 9, 1690. Voted, That a strong logg house be built in the Province for a 
Pri.son, of thirty foot long, fourteen wide, one story of seven foot high, two brick 
chimneys in the mids, live foot each, to be don forthwith strong and substantial, the 
Treasurer, the Overseer, and the charge, to be paid out of the next Province Assess- 
ment; to be sett in Portsmouth, in or near the Great Fort. 

Thkodoke Atkinson, Clerk. 



1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 89 

[p. 22.] Samuel Peiihallow, Esq., Treasurer, having 
acquainted this Board that he paid the post master one 
pound ton shilling for publick use : 

Ordered, that the said sum of one pound ten shillings be 
paid out of the publick Treasury. 

Bartholomew Green, printer, his letter from Boston, 
dated 24"^ October, 1699, was read, relating to the printing 
of several Laws of this Province, amounting to three 
pounds. 

Ordered, that the said sum be allowed, and an order 
forthwith granted to the Treasurer for paym* of the same. 

Ordered that the Secretary of this Province do forthwith 
enter all Acts and Laws passed by the Govern', Council 
and Assembly of this Province (which is not already en- 
tered) into a Record Book, and that the said Secretary be 
paid for the same as the Law directs. 

Ordered, that the Boat bought by late Treasurer, Major 
Joseph Smith, for the use of his Maj'ty's fort W" and Mary, 
of this Province, be forthwith delivered to Capt John 
Hincks, with all oars and masts thereto belonging ; And 
that the Secretary issue forth an order to the said Capt. 
Hincks for taking possession of said Boat from any person 
in whose custody the same may be found. 

The L* Govern*^ proposed to this board that a General 
Thanksgiving day may be appointed throughout this Prov- 
ince, to be kept solemnly, for the preservation of his Maj'ty's 
sacred person, the many blessings of health amongst us, 
Plenty of Harvest, and especially for so good a settlement 
in this Government laterly made by his Excellency the 
Earle of Bellomont, our Govern"^, on Tuesday the 23*^ of 
this instant November, And that Proclamations be issued 
forth accordingly to every town of this Province. 

Ordered, that Eich'^ Waldron, Esq., acquaint the House 
of Representatives with the above proposal. 

[p. 23.] Ordered, that Sam' Penhallow, Esq., Treasurer, 
doe take care to provide firewood, candles, and other nee- 



90 PROVINCE OF NEW-HAMPSHIRE. [1699. 

essaries sufficient for the use of the Council and Represen- 
tatives, from time to time, during their publick meetings in 
the winter season. 

Ordered, that Mr. Sampson Sheafe, late Collector of the 
Impost of this Province, do forthwith give ace" to the 
present Treasurer, Sam^ Penhallow, Esq. what monies he 
received during his continuance in that office, and that the 
Secretary signifie the same from that Board. 

Ordered that Mr. Taylor, Secretary to his Excellency the 
Earle of Bellomont, for his care and deligence in trans- 
cribing several writings for the use of this Province, when 
his said Excellency arrived here, have presented him as a 
Reward or gratuitie, twenty pieces of Eight ; and that the 
Secretary issue forth an order to the Treasurer for payment 
of the' same. 

The Lt. Govern^ ordered the Secretary as a messuage to 
the House of Representatives, to know if they had any 
thing to send to this Board : and that they would make 
what dispatch they could possible with what lay before them. 

Mr. Speaker answered they had nothing at present to 
send to the Council, but would dispatch what was before 
them with all expedition possible. 

Mr. John Smith one of the House of Representatives, 
came up to this Board as a messuage from said House, with 
their concurrence, concerning keeping a General Thanks- 
giving day, as aforesaid. 

Ordered that proclamations be sent to each town for keep- 
ing a General Thanksgiving day on Thursday the 23^ inst. 

Upon a Report of the Committee for stating the public 
acc"% we find the Province D'^ to the p'ticular persons 
hereafter named, the particular sums following, as upon file. 

lb. s. d 
Imprimis. To Capt. Penny 20: 19: GO 



To L* Gov Partridge 
Jno. Hincks, Esq. fort 
To Jerem. Walford . 
To Capt. Tuttle 



160: 00: 00 

97: 04: 02 

00: 14: 06 

34: 06: 01 



1699.] 



JOURNAL OF COUNCIL AND ASSEMBLY. 



91 



To Row*^ Jenkiii 
[p. 24.] To Capt. Penny 
To Patiens Alkin 
To Elisha Bryer 
To John Knight 
To John Snell . 
To Rich^ AValdron, Esq. 
To Sam' Rymes 
To John Cotton and ? 

Jno. Downing-, Butchers, <[ 
To L* Gov'- Partridge 
To Mr. Geo. Jaffrey . 
To Mr. Jno. Cotton . 
To Mrs. Bridgett Grafford 
To Jno. Walker 
To Jno. Partridge 
To Mr. Hen. Penny . 
To Mr. Fran. Tucker 
To W"^ Cotton . 
To Mr. Sam' Penhallow 

for his servant, 
To L* Gov. Partridge 
To John Reed 
To James Norway 
To Edw*^ Ayres 
To Rob* Lang . 
To W" Lane & 
Francis Page 
To Splan Lovett 
To Jno. Snell, et al. 
To Major Vaughan 
To Thom« Greely 
To Mr. Theo. Phipps 
To Sam^ Penhallow, Esq. 
To Elisha Bryer 
To Capt. Jno. Pickering 
To Capt. Jno. Tuttle 
To Jno. Odihorne & ? 
Geo. Wallas S 

To Capt. Echabod Plaisted 
for himself and 60 men 
and horse. 

To Mr. Sampson Sheafe 
Committee's Expenses 



06: 15: 00 
04: 06: 00 
03: 00: 00 
02: 12: 03 
02: 11: 01 
00: 08: 00 
69: 08: 02 
01: 16: 00 

10: 07: 01 
16: 15: 06 
03: 09: 00 
05: 00: 00 
04: 10: 00 
00: 18: 00 
00: 04: 00 
02; 00: 00 
11: 00: 06 
01: 04: 00 
01: 16; 00 

80: 02: 06 

09: 11: 00 

01: 04: 10 

00: 12: 00 

00: 06: 00 

01: 04: 00 

02: 00: 00 
07: 03: 00 
04: 16: 00 
06: 00: 00 
00: 12: 00 
06: 00: 00 
01: 05: 00 
00: 16: 04 
15: 11: 05 

00: 08: 00 

S6: 00: 00 

16: 10: 04 
01: 16: 00 



92 PROVINCE OF NEW-HAMPSHIRE. [1699. 

Which acc"^ being sent down to the House of Represen- 
tatives, was agi eed to, excepting the objections foil, which 

was desired to be deducted: 

lb. s. d 

From Mr. Isaac Addiiigton ? 19. no. on 

being in Lt GoV« acc«« $ ' * * * i^. w. uu 

Mr. Jno. Snell 05:07:00 

Capt. Ichabod Plaisted 36 : 00 : 00 

Committee's Expences 01 : 06 : 00 

Mrs. Hannah Purmott 03:00:00 

Also they added some money to several persons w''^ were 
omitted, viz. : 

To Capt. Tuttle 02 : 10 : 00 

To Sami Snell 01 : 0-1 : 10 

To Jno. Hi n ekes and ) 

Rich^ Waldron, Esqrs. S 04:00:00 

To Sam^ Penhallow and ? 

Theodore Atkinson, Esqrs. S .. .' . • 04:00:00 

Ordered, That the said sums stated as before mentioned 
be passed, and others go to the Treasurer accordingly. 

[p. 25.] L* Govern^ desired John Gerrish, Esq., to call 
the House of Representatives before this Board ; they hav- 
ing made some objections to some particulars in the public 
acc"^ 

Accordingly they appeared. 

The L^ Governor acquainted them that they had made an 
objection relating to twelve pounds, paid to Mr. Addington 
for his service done this Province ; Desired to know their 
reason, and laid before them the true ace" how and in what 
manner said Mr. Addington was serviceable to this Prov- 
ince ; desired them therefore to consider further of the 
matter. 

Nath^ Hill brought to this board two votes from the 
House of Representatives, — one consenting that Mr. Ad- 
dington's twelve pounds be allowed, and the other relating 
to the building of a Goal. 

It being about 5 o'clock, adjourned for one hour and 
halfe. 



1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 93 

At a Council and Assembly, held bj 
adjournment about 7 o'clock in the 
evening. 
Present, as before mentioned. 
Theadore Atkinson, Esq., and Capt. Tuttle, being sent 
from the House of Representatives to this board, acquainted 
the L* Govern'" that there had been a del)ate in their House 
for the raising a sum of money to pay the Publick Debts of 
this Province; and they think it not convenient at present 
to raise the same, but desires some further time may be 
given to do the same, the former rate being not yet gath- 
ered in, and several of the members of the House being 
wanting. 

Lt. Govern"" told them he would consider of what was 
said. 

The L* Govern'" sent Mr. Charles Story, the Secretary, as 
a messuage to the House of Representatives, to know of 
them whether they designed to draw up a Bill to-night for 
defraying the publick charge of this Province. 

[p. 26.] Mr. Speaker answered, they were in debate of 
the matter, and after it was over, would come and acquaint 
his Honor what they intended therein. 

Mr. Story was sent again to call the House of Represen- 
tatives to this Board, who immediately appeared ; upon 
which the L* Governor Was pleased to adjourn them till 
Tuesday the 21^* inst., at 10 of the clock in the forenoon. 



At a Council and Gen" Assembly, held at Portsm^ 
by adjourn*, the 21^* November, 1699. 

Present, 

W™ Partridge, Esq., L*. Governor, &c., 

John Hinckes, ) -p Peter Coffin, ) -p, 

Robert Elliott, ] ^^^^' John Gerrish, \ ^^^^* 

Richard Waldron, Esq. 

Ordered, that the Secretary do forthwith give notice to 



94 PROVINCE OF NEW-HAMPSHIRE. [1699. 

Sam^ Penhallow and John Plaisted, Esqs., Justices of the 
Peace of this Province, that whereas a riot was lately com- 
mitted by sundry seamen now in town, that they do not 
omit of making a full inquiry into the matter, and bring 
the offenders to condign punishm*, and particularly that 
Elizabeth Redford, in whose House the disorder began, 
may be forthwith forbidden selling of drinks by retaile, or 
keeping a publick House of entertainm* for future. 

Richard Waldron, Esq., was sent a messuage to the 
House of Representatives, in order to desire y'' speedy dis- 
patch, for the drawing up a bill for paym* of the publick 
Debts of this Province. 

Mr. Nath^ Hill brought up a vote from the House of Rep- 
resentatives for the raising of four hundred and [p. 27.] 
sixty pounds, upon all persons and estates, real and per- 
sonal, according to former custom within this Province, to 
be paid in money to the Treasurer by the last of June next, 
and that the rate be delivered to the Constable of each 
town three months before. 

Agreed to by this Board, and ordered a bill be drawn ac- 
cordingly, and that Mr. Charles Story, Secretary, together 
with Theodore Attkinson, Esq., Clerk of the Assembly, do 
prepare the same. 

A Bill entitled an Act for "raising four hundred and sixty 
pounds for defraying the publick charge of the Province, 
being read three times, was sent down to the House of 
Representatives by Mr. Charles Story, Secretary, for their 
concurrence. 

The House came up and consented to the enacting said 
Bill. 

A petition of Capt. John Tuttle, on behalf of himself and 
soldiers at the Garrison at Dover, relating to money for- 
merly due to them, and allowed by Council, was read. 

Ordered, that the Secretary do make out an order to the 
Treasurer for payment of 10^*^^ immediately to Capt. Tuttle, 
on behalf of himself and soldiers, and that the remainder 
be paid out of the 460^^' rates. 



1700.] JOURNAL OF COUNCIL AND ASSEMBLY. 95 

A petition of Elizabeth Redford about her keeping a pub- 
lick House, was read. 

Tiicii the L* Govern'' was pleased to prorogue the Assem- 
bly till the first Tuesday in May next. 



[p. 28.] Province of New Hampshire. 

At a meeting of the Council and Gen" Assem- 
bly, held at Portsmouth by adjournment, on 
Tuesday, the 7"' of May, post merediem. 
Anno Dmi. 1700. 
Present, 
The Hon^'" W"^ Partridge, Esq., L* Governor, 
John Hinckes, ) ^ Peter Coffin, ) -^ 

Nath^ Fryer, \ ^^^^- Rich'^ Waldron, j ^^^^• 

John Gerrish, Esq. 
Whereas there remains formerly due to John Cross, 
James Phillipps, Thomas Maurdyn, Thomas Barnes, Reu- 
ben Haines and Henry Langmaid, Twenty and four pounds 
for their service as soldiers at the fort W"^ and Mary : 

Ordered, that the said sum be paid out of the next 
Province Rate. 

Mr. John Hinkes, his account for his service as Capt. of 
the fort W™ and Mary, with other articles in said ace"® from 
the 17^^ of August, 1699, to this present day, was delivered 
to this Board, the whole amounting to 59^^ : 11^ : 02*^, as 
upon file, was allowed and approved of, and ordered to be 
■paid out of the next Province rate. 

Mr. Charles Story, Secretary, was sent as a messuage to 
the House of Representatives by the L* Govern'" to call them 
up to y® Board, who accordingly came ; and Mr. Speaker 
moved to the L* Govern"" that they were just upon resolving 
of a vote to be sent up relating to the Goal, and desired a 
quarter of an hour's time for the conclusion thereof. The 
L* Govern^ told them they might have so long time for fin- 
ishinfr; the same. 



96 PROVINCE OF NEW-HAMPSHIRE. [1700. 

Whereas there is due to Mr. Charles Story, from the 17^ 
of August to the 17^^ of February last past, six pounds for 
his salary as secretary : Ordered that an order go forth to 
the treasurer for the paym* of the same. 

Mr. John Smith brought a vote from the House of Rep- 
resentatives relating to the erecting a Goal. 

The L* Govern^ sent John Gerrish, Esq., as a messuage 
to call the said House up again to this board, who came 
accordingly ; and the L* Govern'" was pleased to adjourn 
them till the second Tuesday in June next. 



[p. 29,] Province of ) At a Council and Gen" Assembly 
New Hamp''. j held at Portsmouth, the 11^^ day 
of June, Anno dmi. 1700, Post 
merediem. 
Present, 
The Hon^i^ W"^ Partridge, Esq., L* Govern^ 
John Hincks, ) -^ Peter Coffin, ) -^ 

Nath> Fryer, \ ^^^'■^- John Gerrish, \ ^^^''^• 
Rich^ Waldron, Esq. 
The L* Govern^ produced a letter directed (for the Lt 
Govern^, Council and House of Representatives of the 
Province of New Hampshire) dated at Boston, the 6^^ of 
June, 1700, from his Excellency Richard Earle of Bello- 
mont, which was read at this Board and sent down to the 
House of Representatives by the secretary, Mr. Charles 
Story, a copy whereof is as follows, viz. : 

Boston, 6th jmie^ 1700. 
Gentlemen: — The encroachment of the French to the eastward 
of New Hampshire, and their having alienated the Indians all 
about you from their former obedience to the King, makes it too 
manifest that their aim and design is to supplant the English and 
make themselves m"^ of all this continent; adding to that, too, 
the late intelligence I have had of the restless endeavors of the 
French to debauch the five nations of Indians in the Province of 
New York from y obedience to the King, wherein it is to be 
feared they have made too successful a progress; forasmuch. 



1700.] JOURNAL OF COUNCIL AND ASSEMBLY. 97 

therefore, as we are thus beset on every hand by tlie Frencli, it 
behooves us to j)ut everything- in practice for our defense and 
security. 

Nothin<? can be thought of that's more necessary for that end 
than the fortifying y'^'" harbor ; and in regard of the snialhiess of 
that Province and slender number of people there, it would be 
too great an undertaking for you to build a sufScient fort on the 
Great Island in Piscataqua River; if you will be at the charge of 
bringing all materials in place, I will endeavor to dispose [p. 30.] 
the King to be at the charge of building this said fort; but then I 
advise you to lose no time, but immediately to pass such a Law as 
shall effectually oblige the Province to provide the said materials ; 
of all which I will send you in a few days the estimates, and so I 
conclude, 

Gentlemen, 
Your affectionate friend, 
And humble servant, 
Bellomont. 

Samuel Alcock, comand'' of the ship Richard k Marga- 
ret, now laden and bound for Barbadoes, complaineth that 
Mr. Sampson Slieafe, Deputy Collector of this Province, 
refuses to give him his clearing, until he first come to an 
anchor with the said vessel at New Castle ; which is con- 
trary to common usage ever since the settlem* of the Gov- 
ernm* of this Province, under his Excellency the Earle of 
Bellomont. • 

Ordered that the Secretary give notice to Mr. Samson 
Sheafe, to appear before the L* Govern"" and Council to- 
morrow morning at eight o'clock, to answer said complaint. 

Whereas Thomas Laton, pursuant to an order of Council 
of the 19"^ of February last past, was sent as a messenger 
by the L* Govern'' to the Earle of Bellomont, then in Bos- 
ton, to give him an account of some Indians' proceedings 
at Cochecha, for which service said Laton was promised 
one pound, eighteen shillings : 

Ordered, That the Secretary grant an order to the treas- 
urer to pay the Said Laton one pound, eighteen shillings. 

Adjorn'd till to-morrow morning, eight o'clock. 
7 



98 PROVINCE OF NEW-HAMPSHIRE. [1700. 

[p. 31.] Province of New Hampshire. 

At a meeting of the Council and Gen^^ Assembly, 
held at Portsm^by adjornment, on Wednesday, 
the 12"' June, 1700, Ante merediem. 
Present, 
The Hon^^^ W^ Partridge, Esq., L* Govern^ 
John Hinkes, ) tj, Peter Cofhn, ) ^^ 

Nath' Fryer, | ^"i''' John Geerish, \ ^^^'S- 

Richard Waldron, Esq. 

The complaint of Sam^ Alcock being read at this board 
ag^* Sampson Sheafe, Deputy Collector, for refusing to clear 
his vessel, the said Sheafe then present, but gave no rea- 
son according to Law why he did refuse the clearing said 
xllcock's ship or vessel; only said he did it because Mr. 
Armestrong, the naval officer, had informed him that my 
Lord had so ordered it ; but no such order appearing, Mr. 
Sheafe did promise for the future to give clearings as for- 
merly, unless to such vessels as he had cause to suspect of 
loading any thing contrary to law. 

A vote from the House of Representatives was brought 
to this Board by Mr. Joseph Swett, concerning passing an 
act about willful perjury, fornication and profanation of the 
Lord's day. 

Mr. Theophilus Dudley brought up the Lord Bellomont's 
letter which was sent down to the House of Representatives 
yesterday. 

Joshua Pearce's petition, relating to monyes due to him 
from y^ Province, was read. Ordered that the Secretary 
look out for the debenter and make report to the Council at 
j^ next sitting. 

Shadrach Walton's petition was read, relating to 25"' : 
04^ : 02'^ due to him for his wages as Captain of the fort 
W™ and Mary. 

Ordered that the said sum of 25^^ : 04^ : 02^ be discounted 
with Capt. Walton in part of the publick mony in his hand, 
which he formerly received of Mr. Pheasant Eastwick, as 
per his receipt appears. 



1700.] JOURNAL OF COUNCIL AND ASSEMBLY. 99 

The petition of Mr. Richard Hilton, of Exeter, was read 
at this board, relating for a ferry to be granted him [p. 32.] 
for transporting horse and man from Swamscott over the 
Eiver against his house for 50 years' time. Allowed of, and 
afterwards sent to the House of Representatives by Mr. 
Charles Story, Secretary. 

Mr. Moses Levitt brought a vote from the House of 
Representatives to this board, that Mr. Richard Hilton's 
petition be granted concerning the ferry from his house to 
Swamscott, Provided there be a convenient way on both 
sides the river laid out to said ferry, without making it a 
Province charge ; every man and horse to pay 6*^ a time, 
and a single person two pence, which being read, was agreed 
to by the L* Govern"" and Council, and ordered that a Bill 
be drawn accordingly, and that Mr. Charles Story draw the 
same. 

The petition of Abraham Clements of Hampton, con- 
cerning his having a trial at the Court of Common Pleas, 
the 7^^' of June, 1699, at the suit of one Nath^ Ayers, at 
which Court Judgement was obtained against said Clem- 
ents, upon which he appealed to the Superiour Court fol- 
lowing ; but the Governm* being changed the said Superiour 
Court was altered, and at the next Superiour Court that was 
held the Judges was of opinion that the cause could not be 
tried before them for which he craves a new trial next 
Superiour Court, — was read at this board and sent to the 
House of Representatives by Mr. Charles Story, Secretary. 

Mr. Hill brought Mr. Clements' petition from the House 
of Representatives to this Board, with a vote on back side 
of said petition, that Abraham Clements' petition within 
mentioned, concerning a hearing of his case at the next 
Superiour Court, be granted. 

Agreed to by the L* Govern'^ and Council, and ordered 
that a Bill be drawn accordingly. 

A Bill for settling a ferry between Swamscott and Mr. 
Richard Hilton's house, in the township of Exeter, was 



100 PROVINCE OF NEW-HAMPSHIRE. [1700. 

three times read at this board and sent down to the House 
of Representatives by Mr. Charles Story, Secretary, for 
y'* concurrence ; being first passed by the Council to be 
enacted, and was afterwards consented to by the L* Govern^*, 
and by him signed accordingly. 

[p. 33.] The petition of the selectmen and other the in- 
habitants of the town of Hampton, concerning great dis- 
turbances made by several ill disposed persons in the said 
towne, taking upon them to fence in considerable parcels of 
principal feeding lands belonging to the town of Hampton, 
&G., was read and sent down to the House of Representa- 
tives. 

Mr. Theophilus Dudley brought up to this Board said pe- 
tition from the House of Representatives, and a vote that 
an act be passed that no person whatsoever shall presume 
to fence in any common land belonging to any town within 
this Province, without they obtain some grant or liberty 
from the freeholders of said town, where said land belong- 
eth, upon pain or penalty of being accounted disturbers of 
the peace of his majesty's subjects in this Province ; and it 
shall be in the liberty of a Justice of Peace to bind over 
any such person to the next Quarter Sessions of the Peace, 
to answer for tlieir contempt for not observing said act. 

A vote was sent up from, the House of Representatives 
to this Board as follows : Upon reading a letter of the 6^^ 
of June, 1700, from his Excellency the Earle of Bellomont, 
our Governor, &c., directed to the L* Govern"", Council and 
Representatives of the Province of New Hampshire, im- 
porting the danger we may be exposed to and the necessity 
of well fortifying our Harbour, 

Yoted, that an answer be forthwith given his Excellency 
in a letter from the Gen" Assembly, wherein first to ac- 
knowledge the many benefits and advantages that have 
accrued to the inhabitants of this poor Province the year 
past, who have enjoyed a great deal of peace and quiet- 
ness, without disturbance, being the fruits and effects of 



1700.] JOURNAL OF COUNCIL AND ASSEMBLY. 101 

his Excellency's prudent conduct and good settlement of 
the Governm* here ; also to represent to his Excellency the 
extreme poverty and inconsiderableness of this Province, 
having been extremely lessened and impoverished by the 
late war, and just now wading through the difficulty of dis- 
charging all publick del)ts, [p. 34.] formerly contracted for 
our defense ag'* the common enemy, besides the unhappy 
circumstances we at present labor under, by a growing 
charge to defend our Rights and properties ag^* one, who, for 
lending a few hundred pounds to a pretended proprietor, 
claims the possession of our Houses and Lands, which 
with the expense of so much blood and mony, even far 
beyond the intrinsic value thereof, our ancestors and Selves 
have hitherto defended, both in the former Indian war and • 
in the late French and Indian War, whereby his maj'ty's 
Right, interest and dominion in and over this part of our 
territory of Noav England, hath hitherto been preserved ; 
but, however, with all humble gratitude to acknowledge his 
Excellency's great care and concernedness for our future 
defense in time of danger, and to assure his Excellency 
that when ever he shall see cause to order the building a 
more sufficient fortification on the Great Island, we will 
contribute according to our utmost ability towards finding 
materials for the same, which we shall be more particular 
in when his Excellency shall please to send us an estimate 
of the charge thereof, w"^'^ we account our selves obliged to, 
as well in duty to his most Excellent Maj'ty, as for our 
own preservation, only we desire his LordPJ' may be put in 
mind that the fortifying Piscataqua River doth as much 
concern the Massachusetts as y^ Province, whose interests 
on that side the River is of much more value than ours 
on this, and pray that the Hon^^*" L* Govern'' and Council 
will join with us herein. 

Passed by the House of Representatives. 

Theodore Atkinson, Clerk. 



102 PROVINCE OF NEW-HAMPSHIRE. [1700. 

The Lt. Govern'' and Council having heard the above- 
said vote read, gave consent thereunto and order the Sec- 
retary to draw a letter directed to his Excellency Richard, 
Earle of Bellomont, accordingly. 

[p. 35.] Mr. Charles Story was sent to call up the House 
of Representatives, who accordingly came, and passed the 
bill to be enacted, entituled an Act for settling the ferry be- 
tween Swamscott and Mr. Richard Hilton's House, in the 
townPP of Exeter. 

Then the Lt. Govern'^, Council and Assembly subscribed 
y'^ names to a letter, directed to Richard, Earle of Bello- 
mont, a copy of which is as follows : 

Portsmouth, 12*^ June, 1700. 

May it please your Excellency, — We cannot omit a due acknowl- 
edgem* of the many benefits and advantages of y' poor Province, 
the year j)ast, having enjoyed a great deal of j)eace and tranquillity 
without disturbance, which we find to be the fruits and efliects of 
your Excellency's prudent conduct and good settlem* of the Gov- 
ernm* among us. 

Wee not enlarge upon the exceeding poverty and in consider, 
ableness of this small Province, who have been extremely lessened 
and impoverished by the late war, and just now wading through 
the difiiculty of discharging all publick debts, contracted for our 
defense against the late common enemy; besides the unhappy 
circumstances that we at present labor under, to defend our Rights 
and properties against one, who for lending a small sum of money 
to a pretended proprietor (and a little more to stop the mouths of 
his heirs after his death), now claims the possession of our houses 
and lands, which with the expence of so much Blood and mony, 
even far beyond the intrinsique value thereof, our ancestors and 
selves have hitherto defended, both in the former Indian War and 
in the late French and Indian War, whereby his Maj'ty's Right, 
interest and Dominion, in and over this part of his Territory of 
New England, has been hitherto preserved. 

But notwithstanding all our ill circumstances, we do, with all 
humble gratitude acknowledge your Excellency's great care and 
concernedness for our future defense in time of danger, signified 
in your Excellency's Letter of the 6*^ currS and crave leave to 
assure your Excellency, that whenever you shall see cause to or- 
der the building a more sufficient fortification upon the Great 



1700.] JOURNAL OP COUNCIL AND ASSEMBLY. 103 

[p. 36.] Island, we will contribute according' to our utmost 
ability towards finding materials for the same ; which we shall be 
more particular in, when your Excellency shall please to send us 
an estimate of the charge thereof: And this we account ourselves 
obliged to, as well in duty to his most Excellent Maj'ty as for our 
own preservation. 

AVee only further presume to put your Excellency in mind that 
the fortifying Piscataqua River doth as much concern the Massa- 
chusetts as this Province, whose interest on that side the River is 
of much more value than ours on this, &c. 

Then the L* Governor adjourned the Council and Assem- 
bly till the 2'^ Tuesday in July next. 



Province of ) At a Council and Gen^^ Assembly 

New Hampshire. ( held at Portsm"^, by adjournment, on 
Tuesday, the 9"' July, ante merediem, 1700. 
Present, 
The Hon^^^ W"^ Partridge, Esq., L* Govern'', 
Nath^ Fryer, \ ^ Robert Elliott, Esq., } 

Peter Coffin, j ^ * John Gerrish, Esq., jj 

Richard Waldron, Esq. 
The L* Govern'^ produced an estimate or computation, 
which was sent from his Excellency Richard, Earle of 
Bellomont, relating to materials for the building a new fort 
on Great Island in Piscataqua River, was read to this 
Board, and sent down to the House of Representatives per 
Mr. Charles Story, Secretary. 

The L* Govern'" likewise produced a copy of a petition 
of several masters of Coasting vessels and Lumber Carriers, 
which was sent from the Earle of Bellomont, being directed 
to him, relating to their being greatly oppressed by reason 
of the fees demanded and taken from them by the officers 
in the Province of New Hampshire, — was read at this 
Board. 



104 PROVINCE OF NEW-HAMPSHIRE. [1700. 

[Pr. Rec. B. II, p. 241.1 

To his Excellency, Richard, Earle of Bellomont, Capt. General 
and Governor in Chief of his Majesty's Provinces of the Massa- 
chusetts Bay, New York and New Hampshire : 

The Petition of several Masters of coasting vessels and lumber 
carriers : Humbly sheweth, — 

That your petitioners, being frequently employed to make 
voyages from Boston and other ports in the river of Piscataqua, 
as well in places lying thereupon belonging to the Province of 
the Massachusetts Bay, as to toAvns and places thereon belonging 
to the Province of New Hampshire, for the fetching of boards 
and lumber from thence, are greatly oppressed by reason of the 
fees demanded and taken from them by the officers in the said 
Province of New Hampshire, viz: Every vessel coming out of 
the said river is obliged to pay to the officers there ten shillings 
and six pence before such vessel can be permitted to pass the Fort 
on Great Island ; which charges do sometime amount to near as 
much as the freight such vessel makes : and the same fees are not 
only exacted from vessels coming from places in the said Prov- 
ince of the New Hampshire, but also from vessels coming from 
places in the Province of the Massachusetts Bay which lye upon 
Piscataqua river aforesaid, altho' one half of said river belongs to 
the Province of the Massachusetts Bay.* 

Your petitioners therefore humbly pray your Excellency to give 
orders to the officers in the said Province of New Hampshire, to 
take such fees only as your Excellency shall judge reasonable for 
coasting vessels and lumber carriers going into the said Province, 
and not to demand or exact any thing from vessels coming out of 
said river of Piscataqua from places belonging to the said Prov- 
ince of the Massachusetts Bay. 

And your petitioners shall ever pray, &c. 
Joseph Hood, Henry Collins, Thomas Newman, 

8am^ Dutch, Dan^ Wair, Steph. Ackerman, 

W"* Sargent, John Ilaman, Edward Poor, 

The marke X of Elias Elwell, Sam" Stephens. 

Henry Numan, James Sanswood, 

[No date.] 

[p. 37.] W™ Partridge, Juii'*, gave in his account to this 
Board, amounting to 18% for riding and going to each town 

* Massschusetts claimed to the middle of Piscataqua river. The dispute about the 
boundary line between New Hampshire and Massaclmsotts was not settled finally 
until 1741. See BoUt. Farm. pp. 257-259. —Ed. 



1700.] JOURNAL OF COUNCIL AND ASSEMBLY. 105 

in the Province to get a list of the soldiers and officers of 
the militia to be sent to his Excellency ; was passed and 
allowed. 

Ordered, that the Secretary make out an order to the 
Treasurer for the same. 

Mr. Samuel Winckley's petition was read at this Board, 
relating to the importing 41 tearces of Rum, about one year 
1-2 ago into this River, and 25 Hogsheads of Molasses, 
and paid full duties for the same ; But some small time 
afterwards exported 21 tearces of Rum out again of said 
River, and 13 hogsheads of molasses. 

Ordered, that if it appear by the officers' Books, that 
such duty was fully paid, and that such quantities of liquor 
and molasses was exported, as alledged in said petition, 
that then the said Sam" Winckley have his draw-back 
allowed, as the law directs. 

Mrs. Elizabeth Harvey's petition was read, relating to her 
keeping the Post-office, and desiring abatem* of her excise, 
as for keeping a Publick House. 

Whereas his Excellency, the Earle of Bellomont, our 
Govern'", has been pleased to recommend to the L* Govern'^ 
and Council, the consideration of some addition to be 
made to the Secretary's Salary : 

Ordered, that considering Mr. Charles Story, the present 
Secretary, for his extraordinary service in transcribing the 
Laws, Minutes of Council, <fec., to send for England, tliat 
he be allowed twelve pounds for his said service the year 
past, besides the accustomed salary of twelve pounds per 
annum. 

Jonathan "Wadleigh and Nicho^ Gordin, their petition 
relating to a Rate formerly made in the year 1696-7 for 
the building a meeting house at Exeter, and said Rate 
being not fully paid by reason of the Poverty of the people, 
petitioned for address [?] was read at this Board and sent 
down to the House of Representatives by Mr. Charles 
Story, Secretary. 

Adjourned till to-morrow morning 10 of the clock. 



106 PROVINCE OF NEW-HAMPSHIRE. [1700. 

[p. 88.] Province of New Hampshire. 

At a Council and Gener^^ Assembly held by 
adjournment, at Portsm^ the 10^^ of July, 
Ante Merediem, anno Dmi., 1700. 
Present, 
The Hon^^^ W^ Partridge, Esq., L* Govern^ 
Peter Coffin, Esq., John Gerrish, Esq., 

Richard Waldron, Esq. 
There not being a full Council, the L* Govern'" was pleased 
to adjourn the Council till to-morrow morning, 10 of the 
clock. 

Province of New Hampshire. 

At a Council and Gen" Assembly, held at 
Portsm^ by adjournment, on Thursday, 
the 11"^ of July, 1700, Ante merediem. 
Present, 
The Hon^^^ W" Partridge, Esq., L^ Govern^ 
Nath^ Fryar, ) ^ Peter Coffin, 



Robert Elliott, ( ^^^^^- John Gerrish, j ^^^''^• 

Richard "Waldron, Esq. 
Mr. Nath^ Hill brought up to this Board from the House 
of Representatives, an estimate made by them of what the 
materials for building a fort or castle on Great Island, pro- 
posed by Col. Romer, will amount to when brought to the 
place, being £8204 : 01s : Old, as upon file, was read. 

[Pr. Eec. B. II., p. 244.] 
Pursuant to your Excellency's order, I have, according to the 
best of my judgment, put down what materials there Avill be nec- 
essary for building a Fort upon the neck of Great Island, near 
New Castle in Piscataqua river : 
14,784 cart-loads of quarry stones, 
49,280 bushels of Newbury marble lime stones, 
24,640 bushels of sharp fresh water sand, one third part of that 

number finer sand for the brick work, 
22,000 bricks of 10, 5 and 2i inches, 
3,692 bushels of Newbury lime for the use of the bricks. 



1700.] JOURNAL OF COUNCIL AND ASSEMBLY. 107 

Scaffolding Timber. 
200 spars, one half of 16, and the otlier h 24 foot long, 
600 planks of 15 foot long and 2 inches thick, 
200 pieces of 5 foot long, 4 and 5 inches thick. 

For the Vaults. 
2000 deals of 14 foot long and H inches thick, 
64 pieces of 12;^ foot long, and 7 and six inches thick, 
4000 foot of ribbs, 4 and 5 inches thick ; 'tis no matter if they be 
of all sorts of length, and any slabs that come from the 
blocks will serve for the moddles of the vaults. 

W. ROMER. 
[Pr. Eec. B. II., p. 249-1 
An estimate of what those materials for building Fort or Castle 
on Great Island, taken by Col. Romer, will amount to when 
brought to said x^lace : 

£ s. d. 
P*. 14,784 Cart loads of quarry stone brought to 

the place will cost 6^ per load, which 

amounts to 4,435: 4: 

2*^. 49,280 bush. Newbury marble lime at 15*^ per 

bush., 3,080: 08: 

3<*. 24,640 bush, of sharp fresh water sand, at 1*^ 

per bush., 126: 10: 

4*^^. To h, of fine sand at 1*^ per bush, brought in 

place, 

5*^. 22,000 brick brought to s<i place at 20« per M, . 
6'^. 8,592 bush. Newbury lime at 15'^ per bush, at s<^ 

place, 

7*^. 200 spars at 12*^ per spar, 

8'^. 600 of plank, engaged to be 12,000 foot at £4, . 
9*^. 200 pieces of 5 foot long, 4 and 5 inches, . 
10'^. 2,000 deals, engaged to be 40 thousand foot, . 
11*^. 64 pieces of 12 foot h. long and 6 and 7 inches, 
12th. 4^000 foot of ribbs, 4 and 5 inches, . 

£8,204: 01 04 
By order of the Assembly, 

Henry Dow, Clerk pro tempore. 

[Note. Another estimate makes the cost, £6,105 : 14 : 08. Both estimates 
laid before his Ex. Earle of Bellomont.— Ed.] 



042: 


3: 


4 


220: 


00: 





173: 


12: 





10: 


00: 





48: 


00: 





03: 


00: 





50: 


00: 





03: 


04: 





06: 


00: 






108 PROVINCE OF NEW-HAMPSHIRE. • [1700. 

Mr. James Handle brought up a vote from the House of 
E-epresentatives, relating that the Indians hence forward 
be at no time suffered to come within the body of any of 
the towns within this Province ; but whereas some of them 
profess subjection to the Crown of England, that so long 
they be supplied with suitable necessaries at some frontier 
places, according to the direction of the Hon^^*^ the Govern'^ 
and Council, and that effectual care be taken for repairing 
the several garrisons, and maintaining constant watch in 
every respective town, was read at this Board. 

Samuel Penhallow, Esq., Treasurer, came to this Board 
and desired an order of Council for 50'*^, which he disbursed 
towards building a Goal, there being a rate made for 460^^; 
wdierein is expressed for payment [p. 39.] of the Prov- 
ince debts, building a Goal, &c. 

Ordered, that the said 50^*^ be allowed, and an order 
accordingly granted for paym* of the same, out of the last 
460^^^^ Rate. 

Mr. Charles Story was sent to call the House of Repre- 
sentatives to this Board, who accordingly came. The L* 
Govern^ acquainted them of the Reports that is abroad 
about the Indians, and that Mr. Addington, the Secretary 
at Boston, had wrote a Letter concerning them, which part 
relating to the Indians was sent down to them ; and like- 
wise thought the vote that they had sent to this Board 
might be too severe to consent to, by reason of debarring 
the Indians from trading or coming to the towns, ttc, with 
several other arguments of discourse ; and after a confer- 
ence of about a quarter of an hour his Honor the L^ Govern'^' 
was pleased to desire the gentlemen of the House of Rep- 
resentatives to consider of what had been said. 

Whereas, there is cause of suspicion that the Indians are 
designing mischief ag^* us. 

Ordered, that Major W"^ Yaughan do forthwith send out 
his commands to the Captains and committee of the Militia 
in the respective towns within this Province, to take care 



1700.] JOURNAL OF COUNCIL AND ASSExAIBLY. 109 

that the several Garrisons Ijc put in repair, and to order 
such watclies and wards as may i)rcvent a surprise in case 
the Indian should break out into a new war, and tliat the 
Secretary give him notice accordingly. 

Mr. James Randle brought up a vote to this Board from 
the House of Representatives, relating that the estimate 
made of the cost of the several materials necessary for the 
building a fort on Great Island, according to Col. Romer's 
computation, amounting to six thousand one hundred and 
five pounds, fourteen shillings and eight pence, be inclosed 
in a letter to his Excellency the Earl of Bellomont our 
Governor, to signify the incapacity for raising so great sum ; 
as also to pray his Excellency's favor in giving orders for 
relief and assistance to be afforded us from our neighbors 
of the Massachusetts, in case of a new Indian war ; was 
read (as on file). 

Then the L* Governor adjourned the Council and Assem- 
bly till Tlnirsday next, the 18^^ of July, instant, at 12 of 
the clock. 



[p. 40.] Province of New Hampshire. 

At a Council and Gen^^ Assembly, held at Portsm'' 
on Thursday, the 18^^ of July, Anno Dmi., 1700, 
by adjournment. 

Present, 
The Hon^^^ W°^ Partridge, Esq., L* Govern^ 
John Hincks, ) -n, Robert Elliott, ) -ci 

Peter Coffin, | ^^^s- j^j^^ (jemsh, | ^^ ^s- 

Richard Waldron, Esq. 

Pursuant to a vote sent up to this House last xissembly 
relating to write a letter to my Lord, with an estimate of 
Col. Romer's computation of the materials for building a 
fort at Great Island, Richard Waldron, Esq., was sent as a 
message to the House of Representatives to signify the 
concurrence of the Council with them in this matter. 

Adjourned till 9 o'clock to-morrow morning. 



110 PROVINCE OF NEW-HAMPSHIRE. [1700. 

Province of New Hampshire. 

At a Council and Gen" Assembly held at 
Portsm«, Friday, the W of July, 1700. 
Present, 
The Hon^^« W™ Partridge, Esq., L* Govern'*, 
John Hinkes, ) -^ Eobert Elliott, ) ^ 

Peter Coffin, \ ^^^^' John Gerrish, ( ^^^^* 

Richard Waldron, Esq. 
Mr. John Plaisted brought up the Letter from the House 
of Representatives, to be sent to his Excellency Richard, 
Earle of Bellomont, about an estimate of Col. Romer's com- 
putation of materials for the building a fort at Great 
Istand, which is as follows, and was signed by the Gov- 
ern'" and Council, and Representatives : 

Portsm% 18*1^ July, 1700. 

May it please your Excellency, — We have received Col. Romer's 
computation of the materials necessary for the building of a fort 
at the Great Island ; and made the lowest estimate of what the same 
will cost [p. 41] to be provided, and brought in place, which comes 
here inclosed and amounts to six thousand one hundred and five 
pounds, fourteen shillings and eight pence, a sum so much be- 
yond the capacity of the poor i)eople of this small and inconsid- 
erable Province that we know not what to say to it ; in our great 
straits and utmost necessity for raising money to defray the charge 
arising by reason of the late war, which lay hard upon us, both 
by sea and Land, we never could advance one thousand pound 
in one year, though our lives and estates lay at stake. And now 
having been necessitated to make a considerable rate and assess- 
ment this year to bring the Province out of debt; considering 
also the present danger of another war with the Indians, for that 
we have just cause by the carriage of the Pennicook Indians 
when last here, to suspect they design mischief against us; which 
gives occasion to be at a great expense in Garrisoning our fron- 
tiers, and providing for our own defense, so as to prevent a sur- 
prise ; we shall be wholly uncapable of doing any thing towards 
the fort at Great Island this year. 

AV'e are so sensible of your Excellency's care for and favor 
towards us, that were your Excellency thoroughly acquainted 
with our miserable, poor and mean circumstances, we should 



1700.] JOURNAL OF COUNCIL AND ASSEMBLY. Ill 

readily submit to what your Excellency should tliiiik us capable 
of doing- in this matter. 

We heartily lament your Excellency's removal so far from us, 
especially at such a time as this ; but most humbly pray your 
Excellency to give such orders as that we may have some relief 
and assistance from our neighbors of the Massachusetts, in case 
the Indian War should break forth again. 

We will give your Excellency no further trouble at present, but 
crave leave to subscribe, 

May it please your Excellency, 

Your most faithful and obedient serv's, 
W" Partridge, Peter Coffin, 

John Hinkes, Kob' Elliott, 

John Gerrish, Eichard Waldron. 

Sam^ Penhallow, John Woodman, John Plaisted, 

Henry Dow, Theophilus Dudley, NatW Hill, 

John Tuttle, John Smith, Theodore Atkinson. 

James Rendle, Joseph Swett, 

[p. 42.] A vote was sent up by the House of Representa- 
tives, that an act be passed that all ships and other vessels 
above twelve tons, not belonging to this Province, coming 
into any Harbour within the same to trade or traffic, pay as 
tonnage duty to his Maj'ty, every voyage they make, twelve 
pence, or one pound of good new Gun Powder per ton ; 
The same to be applied for defraying the publick charge of 
the Province, which was read by this Board, and agreed to 
by the Council, and ordered that a Bill be drawn accor- 
dingly, and that Mr. Charles Story and Mr. Theodore Att- 
kinson prepare said Bill. 

A vote was sent up by the House of Representatives to 
this Board, that an Act be passed for the better observation 
of the Lord's day ; and that a Bill be drawn up accord- 
ingly, was read and agreed to by the Council, and ordered 
that Mr. Charles Story, secretary, prepare the said Bill. 

A Bill for the better observation and keeping the Lord's 
day was three times read at this Board and past by the 
Council to be enacted, and afterwards sent down to the 
House of Representatives by Mr. Charles Story, Secretary, 
for their concurrence. 



112 PROVINCE OF NEW -HAMPSHIRE. [1700. 

This Bill having past both Houses, was consented to by 
the Hon''^^ the Lt. Govern"", and by him signed accordingly. 

Mr. Charles Story Avas sent to call the House of Eepre- 
sentatives to this Board, who accordingly came. 

Then the Lt. Governor was pleased to adjourn the Coun- 
cil and Assembly till Tuesday, the 20^*' of August next, 
at twelve of the clock. 

26*^ July, 1700. 

To this time all Minutes of Council sent to the Earl of 
Bellomont, in order to be sent to England. 



[p. 43.] Province of New Hampshire. 

At a Council and Gene^^ Assembly, held 
at Portsm^ by adjournment, the 20^^ of 
August, Anno Dmi., 1700. 
Present, 
The L* Govern'", AVilliam Partridge, Esq., 
John Hinkes, ) ^ John Gerrish, ) y 

Nath^ Fryer, j ^^^^' Ricli'^ Waldron, ( -*^^^^- 

There not being a full Council, the L* Govern"" was 
pleased to adjourn this Board till to morrow morning, at 
9 of the clock. 

Province of New Hampshire. 

At a Council and Gen" Assembly, held 

at Portsm° by adjournment, the 21^* of 

August, Anno Dmi., 1700 (1). 

Present, 

The Hon^^« William Partridge, Esq., L^ Gov., 

John Hinkes, ) -ni Peter Coffin, ) -n. 

Esqs. j.^ n....;. . Esqs. 



Nath^ Fryer, j "'"^"- John Gerrish 

Richard Waldron, Esq 



[Copied from MS. Minutes of Assembly. 1 
(1) Aug. 20, 1700. Cai)t. Pickerin & Mr. Moses Leavet being absent last meeting of 

this House, gave satisfaction for the same. 
Aug. 21, 1700. Theodore Attkinsou & John Plaisted paid each 12d for their being 

absent yesterday. 



1700.] JOURNAL OF COUNCIL AND ASSEMBLY. 113 

Mr. Charles Story was sent down to tlie House of Repre- 
sentatives with the Bill for granting unto his Maj'ty a duty 
upon tonnage of shipping, &c., for defraying the charge of 
his Maj'ty's forts and fortifications within this Province, 
and for the further support of the Government. 

Adjourned till 3 o'clock in the afternoon. 



[p. 41.] Province of New Hampshire. 

At a Council and Gen" Assembly, held at 
Portsmouth by adjournment on Wednes- 
day, the 21^* August, 1700, post merediem. 
Present, 
The Hon. W^^ Partridge, Esq,, 1/ Govern^ 
John Hinkes, ) -c, Peter CoiElQn, ) -ci 

Nath' Fryer, | ^'^i'' John Gerrish, \ ^^1^- 

Eichard Waldron, Esq. 
Mr. Theophilus Dudley, one of the Representatives, 
brought up to this Board a vote as foil.: 

Whereas, there is a deficiency in this Province for want 
of Several Laws, it is humbly offered that a Committee be 
chosen out of each House for transcribing and drawing up 
such a body of Laws as may be suitable to the constitution 
of the Province, — was read. 

Mr. John Smith, one of the Representatives, brought up 
the Bill entitled an Act for granting unto his Maj'ty a 
Duty upon Tonnage of Shipping, &c., for defraying the 
charge of his majesty's forts and fortifications within this 
Province, and for the further support of the Government, 
with some amendment, which was read at this Board. 
Adjourned till to morrow morning, 9 o'clock. 
8 



114 PROVINCE OF NEW-HAMPSHIRE. [1700. 

[p. 45.] Province of New Hampshire. 

At a Council and Gen" Assembly, held by 
adjournment, at Portsm'', on Thursday, the 
22'^ August, 1700. 
Present, 
The Hon^^" W"^ Partridge, Esq., L* Govern^ 
John Hincks, ) ^ John Gerrish, ) ^ 
Peter Coffin, \ ^^^^^* Rich^ Waldron, ] ^^^^®- 
There not being a full Council, his Honor the L* Govern'^ 
was pleased to send Mr. Charles Story to call up the House 
of Representatives to this Board, who accordingly came ; 
and his Hon^ was pleased to adjourn them till the second 
Wednesday in October next, at 10 of the clock in the 
forenoon. 

Province of New Hampshire. 

At a Council and Gen" Assembly, held at 
Portsmouth, by adjournment, Wednesday 
the 9"^ October, 1700, post Merediem. 
Present, 
The Hon^^° W"^ Partridge, Esq., L* Govern'-, 
John Hincks, ) ^ John Gerrish, { ^ 

Nath^ Fryar, ( ^^^"^^^ Richard Waldron, j ^^^'^^• 
There not being a full Council to proceed upon Publick 
affairs. His Hon'^ the L* Govern"" was pleased to adjourn the 
Assembly till the last Wednesday in January next, being 
the 29"' day of said January. 



[p. 46.] Province of New Hampshire. 

At a Council and Gener" Assembly, held at 
Portsm", by adjournment, on Wednesday, 
the 29"' January, 1700, post merediem. 
Present, 
Tlie Hon^'^^ W" Partridge, Esq., L* Govern% 
John Hincks, ) -^ , Robert Elliott, 



Nath' Fryer, j ^^1''«- Richard Waldron, i ^^1''« 
John Gerrish, Esq. 



1700.] JOURNAL OF COUNCIL AND ASSEMBLY. 115 

Mr. John Smith, one of the Assembly, brought to this 
Board a vote that the Law of tonnage, Impost and excise 
be continued for one year only, with this alteration : that 
all vessels above fourteen tons pay powder money duely, 
according as they of thirty tons did in the former act, 
except those that came loaden with hay or provisions. 

Ordered, that Mr. Sampson Sheafe have five pounds paid 
by the Treasurer of this Province, out of the next rate 
(made for payment of publick debts of said Province), for 
transcribing of several Laws in a Book, when he was 
Secretary. 

The L* Govern^ adjourned the Council till to-morrow 
morning, (9) o'clock. 

[p. 47.] Province of New Hamsphire. 

At a Council and Gen^^ Assembly, held at 
Portsm^ on Thursday, the 30"' January, 
Anno Dmi. 1700, ante merediem. 
Present, 
The Hon'^^^ W" Partridge, Esq., L* Govern^ 
John Hinkes, ) -c, Robert Ellott, ) -n, 

Nath> Fryer, [ ^^V's- j^hn Gerrish; j ^''^''- 

Eicliard Waldron, Esq. 
The L^ Govern"" produced a Letter to this Board from Mr. 
John Bridger, dated at Boston, the 21^* instant, relating 
to some thousand of trees, which was prepared by said 
Bridger, in Order to make tar for his Maj'ty's use, was 
read, and is upon file. 

[Province Eec. B. II., p. 290.] 
Letter from J. Bridger. 
Honorable Sirs: — In May, June and July last, I prepared a 
great many thousand trees in order to make tar for the use of his 
Majesty, in the river of Piscataqua, particularly on the commons 
of Dover, on that side next to Suhawannick river, and in the 
woods next Quamphegen mill, and in the woods by John Win- 
gett's, and on a point below the house of Wm. Henderson, sen ; 



116 PROVINCE OF NEW-HAMPSHIRE. [1700. 

all which lands were the Commons of the adjacent towns, and not 
fenced where the said trees were prepared. 

Notwithstanding his Majesty has been at the charge of prepar- 
ing said trees for his use, — as by an Act of the Assembly every 
one may improve any of the common land or its produce, more 
IDarticnlar I presumed his Majesty might, when no injury to the 
subject, — yet some envious, malitious and unthinking people 
have felled many of the said trees which I prepared, to the great 
disappointment of the j^roject I am on, and his Majesty's interest 
at home as well as here. 

Such little and litigious actions makes me not doubt but the 
trees that were burnt was by design. I am sure this is an intro- 
duction to such belief. 

I therefore make these unlawful actions known to you, which 
neither increase the actor's interest, nor does it blason your loy- 
alty, except by punishing the offenders, which done, will prevent 
my asking redress from other places or persons ; otherwise must 
seek to put a stop to such proceedings by the best and momentous 
care I am capable of. I shall wait your answers before I say to 
any else. Your Honors' 

Humble serv*, 

J. Bridger.* 

Boston, Jan 21, 1700-1. 

Superscribed — ''On his Maj.' Service, 

To Hon. Wm. Partridge, Esq., Lt. Govr., 
and Council of his Maj.' Province 
of New Hampshire at 

Piscataqua." 

Copy of a letter from Mr. Robert Cole, his Majesty's 
Consul at Algiers, dated the 13^^' April, 1700, was read at 
this Board and put upon file. 

Copy of the Dey of Algiers' letter to his Majesty, dated 
the 14^^^ April, 1699, was read at this Board and upon file. 

Copy of an order of the Lords of the Admiralty, dated 
the 2d June, 1700, to the Earle of Bellomont, was read at 
this Board, and put upon file. 

dopy of a letter from Mr. Burchett, dated the 21^^ June, 
1700, directed to the Earle of Bellomont, was read at this 
Board and put upon file. 

* Sec also Council and Assembly Records, June 14, 1798. 



1700.] JOURNAL OF COUNCIL AND ASSEMBLY. 117 

All Extract from the Lords of the Council of Trade and 
Phxntations y^" letter to the Earle of Bellomont, dated the 
21*^ June, 1700, was read and put upon file. 

Mr. John Smith, one of the Plouse of Representatives, 
brought up a vote from said House to this Board, being 
as fol. 

Whereas it liath been already moved that a committee 
out of both Houses be appointed for drawing up of such 
Laws as may be suitable for the constitution of the Province, 
We humbly crave leave to remind your Honors of the same, 
conceiving it to be of absolute necessity. 

Henry Dow, Clerk Pro tempore. 

[p. 48.] Richard Waldron, Esq., was sent from this 
Board by the L' Govern^' to the House of Representatives, 
to acquaint them to draw up a list of what Laws they might 
see most proper to be made, and send the same to this 
Board. 

Mr. Speaker and Mr. Henry Dow of the House of Rep- 
resentatives came up to this Board, and Mr. Speaker made 
the following speech : 

3£ay it please your Honor, — The House of Representatives 
liiimbly conceive it necessary that a committee might be chosen 
out of both Houses for the drawing up of such Laws as may be 
most convenient for tlie service of his Maj'ty's subjects in this 
Province. 

The petition of Gabriell Hamilton was read at this 
Board, relating to the estate of his father David Hamilton, 
of Dover, deceased, which estate was ordered by the Gov- 
ern'" and Council, in 1697, to be sold by the Selectmen of 
Dover for the maintenance of his brother, David Hamilton, 
dec*^, — and afterwards sent down to the House of Repre- 
sentatives by Mr. Charles Story, Secretary. 

The petition of James Phillipps, relating to money due to 
him as a soldier at the fort, was read and sent down to the 
House of Representatives by Mr. Charles Story, Secretary. 



118 PROVINCE OF NEW-HAMPSHIRE. [1701. 

The L* Govern'^ adj^ this Board till tomorrow morning, 9 
of the clock. 



Province of ) At a Council and General Assembly, 

New Hampshire. ) held by adjournment, at Portsm", the 
31^* of January, 1700, ante merediem. 
Present, 
The Hon^^^ W^" Partridge, Esq., L* Govern'', 
John Hinkes, ) ^ Robert Ellott, I ^ 

Nath. Fryer, \ •^^^'^^- John Gerrish, \ ^^'^''^' 

Pich^ Waldron, Esq. 

Robert Ellott, Esq., was sent down to the House of Rep- 
resentatives to discourse the House relating to the peti- 
tion of Gabriel Hamilton, and to signify that it was the 
opinion of this Board that the select men of Dover have 
notice given them of said petition, that both parties be 
heard before any determination pass. 

[p. 49.] Mr. Nath^ Hall brought up the petition of Mr. 
David Hamilton from the House of Representatives, which 
was read at y^ Board, and the answer was, that they were 
humbly of opinion that the select men of the town of Do- 
ver, together with the petitioner, be ordered to appear at 
the next Gen" Assembly and bring in a particular ace" of 
said estate. Which answer the L* Govern"" and Council 
agreed with; and ordered that the Secretary give notice to 
the present select men of Dover, that they, together with 
such select men as is now living, which took tlic estate of 
said petitioner's father into their hands, be sent for, and 
bring in an ace" of the value and particulars thereof ; and 
of the charge they have been at in maintenance of David 
Hamilton, deceased. 

In compliance with the motion of the Assembly for the 
choosing a committee of both Houses to draw up such Bills 
as shall be thought fit, at present necessary to be passed 
into Laws for the good Govcrnm* of his maj'ty's subjects 
within this Province, to be presented to the Gene" Assem- 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 119 

bly at their next session, The Council make choice of John 
Hincks and Robert Elliott, Esqrs., to join with two others 
chosen by the Assembly for that end ; and that the Secre- 
tary be desired to join with them in that matter. 

A complaint was sent up by the House of Representa- 
tives against Mr. James Meinzies, for uttering false reports, 
in company of Bonos Norton, Joseph Cass and Benj''^ Fifield, 
j^gst Lt Govern^' Partridge, Peter Coffin, Robert Ellott, 
Richard Waldron and W" Vaughan, Esqrs., and Mr. George 
Jeffrey, which is at large upon file.* 

Ordered, that the Secretary issue forth summons to said 
James Meinzies, Bonos Norton, Joseph Cass and Benj. Fi- 
field, to appear before this Board tomorrow by twelve of 
the clock in the forenoon. 

Adjourn till tomorrow morning, 9 o'clock. 



Province of ) At a Council and Gen" Assembly, held 

New Hampshire. ) by adjournm*, at Portsm'', the 1^^ 
[p. 50.] Febr'y, 1700, ante merediem.f 

Present, 
The Hon^i^ the L* Govern'" W"^ Partridge, Esq., 
John Hinkes, j j, Robert Ellott, ) ^ 

Nath^ Fryer, \ ^^^^^- John Gerrish, \ ^^^'^^' 

Richard Waldron, Esq. 
Bonus Norton and Joseph Cass, according to summons, 
appeared before this Board, as also did Mr. James Menzies, 
lawyer, to answer to a complaint made against him. 

The complaint against Mr. Menzies was read, as upon 
file, and he desired a copy of said complaint, and time till 
Tuesday, 10 o'clock in forenoon, to answer thereto, which 
was accordingly granted. 

* See Records of Council. 

t Feb. 1, 1700-1. Whereas of late sundry members of this house have been wanting 
therein, —Ordered, that the Clerk send to them to appear on the 3d inst. lo shew Rea- 
sons, if any they can, for their neglect. 



120 PROVINCE OF NEW-HAMPSHIRE. [1701. 

Ordered, that Mr. Secretary return an answer to Mr. 
John Bridger, of his letter, dated at Boston the 21^ Janu- 
ary last, which was directed to this Board, — the answer 
upon file. 

[Pr. Rec. B. IL, p. 291.] 
Secretary's Letter to 3Ir. John Bridger. 

Portsmouth, Prim. Feb'y, 1700. 
3Ir. Jn. Bridger: — I am commanded by the Lt. Governor and 
Council to let you know they have received your letter of 2P* 
January last, importing a complaint against sundry unknown 
persons for felling of trees prepared by you for making tar for 
his Majesty's use, with a suspicion that other trees lately burnt 
were done by design ; together with a reflection on their Honors* 
loyalty ; to which they have ordered me to give Answer as fol- 
lows : That they much admire at your different sentiments con- 
cerning the government of this Province from what they were 
at your first coming hither, when you could not but justly 
acknowledge their abundant readiness to promote his Majesty's 
service and interest, particularly in that affair under your man- 
agement, even far beyond what you met with in the Massachusetts 
government ; And, for any persons offending according to your 
complaint, they think it your duty to prosecute such offenders, 
that they may receive condign punishment according to their de- 
merits ; and they will, on their parts, in nothing be wanting to 
prevent any prejudice to his Majesty's interest therein ; and wish 
you may be able to give his Majesty as good an account of your 
negotiation in this his service, as they shall be of their loyalty 
when called in question. 
This is all at present. 

By order of Lt. Gov. and Council, 
from your humble serv', 

C. Story, Secy. 

A Bill for reviewing an Act made in the 4*^ year of king 
W"^ and Queen Mary's Reign, entitled an Act for defraying 
the Public charge of this Province, with a clause in said 
act for all ships or vessels above twelve tons to pay 12d per 
ton, or a pound of Powder, was sent up from the House of 
Representatives to this Board, 

Which Bill, with a small amendm^ was three times read 
at this Board, and past by the Council to be enacted, and 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 121 

afterwards sent clown to the House of Representatives by 
Mr. Cliarles Story, Secretary, for their concurrence. 

The Bill having past both Houses, was consented to by 
the Hon'''*' the L* Govern'", and ])y him signed accordingly. 

Adjourned till 10 o'clock, Monday morning next. 



[p. 51.] Province of New Hampshire. 

At a Council and Gen" Assembly, held 
at Portsm*' by adjournm* the 3*^ day of 
February, Anno Dm. 1700.* 
Present, 
The Hon^^« W™ Partridge, Esq., L^ Govern% 
John Hinkes, ) -p •Robert Ellott, ( -p 

Xath^ Fryer, \ ^^^'^^' Peter Coffin, j ^^'i^'^* 

Richard Waldron, Esq. 
The Lieut. Govern'^ sent Mr. Secretary as a messuage to 
call the House of Representatives to this Board. 

Mr. Speaker and the rest of the House of Representatives 
came according to said messuage. 

The Lt. Govern'^ was pleased to acquaint them that there 
was a necessity for raising money for the paym* of the 
Province Debts, and therefore thought it convenient they 
would inspect into the Treasurer's acc"^ and others, that 
thereby they might be better satisfied with the reasons for 
raising such money, and that they would expedite the same. 
James Phillipps' petition was this day read again, and 
ordered, that care be taken to pay the petitioner out of the 
next Province Rates, what shall appear to be justly due to 
him. 

Adjourned till 10 of the clock to-morrow mornijig. 

* Feb. 3, 1700-1. Mr. Moses Levet assesseii 4s. for his last week's Neglect. 
Feb. 4. Mr. Dudly for absence yesterday p'd 12d. 



122 PROVINCE OF NEW-HAMPSHIRE. [1701. 

[p. 52. Province of New Hampshire. 

At a Council and Gene" Assembly 
held by" adjournment at Portsm'', the 
4th of Feb'ry, ITOO, Post merediem. 
Present, 
The Hon'^i^ W"^ Partridge, Esq., Lt. Govern^ 
John Hinkes, ) y Peter Coffin, ) ^ 

Nath^ Fryer, \ ^'^'^^- Robert Elliott, ] ^^'^'^' 

Richard Waldron, Esq. 
Mr. James Meinzes appeared at this Board in order to 
answer to the complaint exhibited against him, which was 
publicly read [as follows] : 

[Pr. Eec. B. II. p. 274.] 

Whereas Information is this day Given by Mr. Joseph 
Swett, one of the members of y^ Assembly, that one 
James Meinzes, a Lawyer, did some time this week, in the 
house of Bonos Norton, of Hampton, declare in company 
with Joseph Cass and Benj* Fifield, that sundry Gentle- 
men within this Province, viz. the Hon^'^'' Lt. Govern'" Par- 
tridge, Peter Coffin, Robert Ellott, Richard Waldron, AVm. 
Vaughan, Esqrs., and Mr. George Jaffi^ey, hath bought or 
did offer to buy, of Mr. Sam^ Allen, the propriety of this 
Province ; which report has a tendency to the great distur- 
bance and disquiett of his Maj'*^'^ good subjects here, and a 
reflection upon your Hon'"^ mentioned ; Therefore humbly 
crave, that the said James Meinzes, Benj^ Fifield, Bonos 
Norton and Joseph Cass, may be forthwith sent for, and 
exam^ concerning the p^'emises ; and if the Report above- 
said be proved false, that the Reporter may be dealt with 
according to his misdemeanour. 

By order of the Assembly. 

Theodore Atkinson, Cler. 

In answer to which the said James Meinzies acknowl- 
edged and confessed all matters expressed in said informa- 
tion to be truth, excepting the nominating of particular 
names. 

The deposition of Christopher Pottle was publicly read 
at this Board, relating to prove tlie complaint against Mr, 
James Meinzies, which is upon file. 



1701.] JOURNAL OP COUNCIL AND ASSEMBLY. 123 

Joseph Cass and Bonus Norton, their depositions was 
dra\yn up and read before Mr. Meinzies, in order to make 
his exceptions against any thing therein writ, before said 
Cass and Norton was sworn, who made no other objections 
than that he desired said Cass and Norton to consider what 
they were going to swear, and use conscience in it. So 
said Cass and Norton's depositions was sworn before the 
Lt. Governor and Council, which is on file. 

Ordered that said Meinzies pay all costs and charges ac- 
crued upon trial of said complaint, and be admonished 
never to raise or spread any such false reports again ; — 
which costs is to be taxed by the Lt. Govern^ and Council, 
who taxeth the said costs to 1^'' 11^ 00'\ besides the Sec- 
retary's fees, and to stand committed until he pay the same. 

The petition of Andrew Wiggins, relating to the bound- 
ing of his estate at Sandy Point and Squamscott, was read 
at this Board. 

Adj*^ till to-morrow, 10 o'clock in the forenoon. 



[p. 53.] Province of New Hampshire. 

At a Council and Gen^ Assembly held by 
adjournm* at Portsm^, the 5th of Febr'y, 
1700, ante merediem. 
Present, 
The Hon^^^ W™ Partridge, Esq., Lt. Govern^ 
John Hinkes, ) ^ Robert EUott, ) ^ 

Nath^ Fryer, \ ^^^i'^' Peter Coffin, j ^^^^s- 

Richard Waldron, Esq. 

The names of the committee appointed by the House of 
Representatives to join with John Hinkes and Robert El- 
lott, Esqrs., for drawing of several bills, &c., was sent up 
-by the House of Representatives; relating to Major Ingham 
being Recorder of all Deeds for this Province was read at 
this Board, and upon file. 

A humble opinion of the House of Representatives, that 



124 PROVINCE OF NEW-HAMPSHIRE. [1701. 

a particular account be taken of the King's stores, and re- 
turn thereof to be made next Sessions, was read at this 
Board, being sent up by the House of Representatives, and 
upon file. 

The Council humbly leave this matter to the Hon^^^ the 
Lt. Govern^ 

A vote relating that the south part of the Isle of Shoales 
pay taxes, &c., send a Representative to this Province, have 
a Justice of Peace, Constable and other Officers, was read 
at this Board, and upon file. 

A vote that Major W"^ Vaughan have 20^^ paid him for 
his service in keeping the Records of this Province, The 
Lt. Govern'" and Council consenting thereto : — Ordered 
that Major William Vaughan, and he only, be Recorder of 
all Deeds of Land in this Province ; and that what deeds 
Mr. Charles Story, Secretary, hath recorded be reckoned 
and accounted good and valid to this day, and further — 

Ordered, that the Secretary give notice, with all expedi- 
tion, to Mr. James Blagdon one of the principall Inhabitants 
[p. 54.] of the Isle of Shoales, that he appear before the Lt. 
Govern'" upon the first convenience, to take his oath as Justice 
of the Peace in order to settle the inhabitants, where he lives 
under this governm^, and to call them together to appoint a 
Representative for said place, to sit in Gen" Assembly and 
to observe such further orders and directions as he shall 
receive from the Hon'''® the Lt. Govern'' concerning the same. 

Adjourned till the 7"' of March next at 10 of the clock 
in the forenoon. 



Province of | At a Council and General Assembly 

New Hanii)shire. j held at PortsnV* by acljournm* the 7^^ 
day of March, 1700. 
Present, 
Tlie Hon'''" W^' Partridge, Esq., Lt. Govern^", 
John Hinkcs, ) ^ Peter Coffin, ) ^ 

Robert Ellott, ( ^^^^^' John Gerrish, ( ^^^^^• 

Richard Waldron, Esq. 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 125 

The petition of John Partridge was read at tliis Board 
relating to an addition to be made to the price for passen- 
gers passing over the ferry which he now keeps, which 
was allowed and approved, and sent down to the liouse of 
Representatives, as appears at large upon file. 

The select men of Dover and one Gal)ricll Hamilton ap- 
peared at this Board, in order to proceed upon a Petition of 
said Gabriell Hamilton delivered here last General ses- 
sion of Assembly, where said Hamilton desires the select- 
men to render an account how they disposed of his father's 
estate, as is mentioned in said petition. 

Whereas the select men of Dover moved that they had 
not timely notice to appear, whereby they were not prepared 
to answer said Hamilton's Petition : ordered that it be re- 
ferred till the next Gene" Assembly, and that notice be 
given to the said select men by the Secretary, to appear at 
next General session of Assembly, to answer to [p. 55.] 
said Petition ; he, the said Hamilton, calling upon the 
Secretary for said order. 

Letter from Sir Henry Aslmrst* to the Lt. Govern^, Coun- 
cil and Assembly, dated the 24th April, 1700, was read at 
this Board, and sent down to the House of Representatives.* 

Adjourned till to-morrow morning eight of the clock. 

Letter from Sir Henrij Asliurst. 
[Pr. Kcc. B. I. p. 240.] 

London, 24 April, '700. 
* Gentlemen :— I have in yor lowest estate appeared for you, as yor Agent I have 
done you considerable service, procured you Mr. Partridge, yor Leftenant Governor, 
and was told that I should have a gratuity and a salary settled as the Agent. As you 
have stood in need of my interest and service, so you may doe againe. Wliatever you 
thinke titt to allow mee I pray let ye Leftenant Governor receive for my use. I de- 
livered yor Address to the King, w'cli had not bin delivered at all, but for mee. I shall 
indeavor by my service. And I am, Gent, yor affect and humble ser'tt, 

Henke Asuerst. 

[Note.— The chirography of the above letter, in the hand of Sir Henry, is exceed- 
ingly obscure, and entirely without punctuation.— Ed.] 



126 PROVINCE OF NEW-HAMPSHIRE. [1701. 

Province of ) At a Council and Gen" Assembly held 

New Hampshire. ) at Portsm^ by adjournm*, on Satm^day, 
the 8^^ March, 1700. 
Present, 
The Hon^^^ W"^ Partridge, Esq., Lt. Govern'', 
John Hinkes, ) -c^ Peter Coffin, ) -j^ 

Robert Bllott, I ^«V-s. John Gerrish, | ^^l-^^" 

Richard Waldron, Esq. 
The Report of the committee for considering of what 
Laws was convenient for the good governm* of the subjects 
of this Province, and necessary to be made and enacted, 
was delivered into this Board and read, as upon file. 

Mr. Charles Story was sent down to the House of Rep- 
resentatives with said Report. 

A vote was sent up to this Board from the House of Rep- 
resentatives, for the raising of three hundred pounds for 
the paying the Province debts, accounted to be due to the 
last of May next, — as upon file, — was three times read 
at this Board, and ordered that a Bill be drawn accordingly. 
The Petition of John Partridge was brought to this Board 
by Mr. Smith, one of the House of Representatives, with a 
note fixed thereto as foil. : 

The Assembly are humbly of opinion that two pence 
from the Maine to his Island, and six pence from thence to 
Great Island, is sufficient, by order. 

Theodore Attkinson, clerk. 

Ordered, by the Lt. Govern"^ and Council, that the said 
Jno : Partridge for the future have and receive of every 
passenger that ferrys from the Maine to the Island two 
pence ; and for every passenger that ferrys from said [p. 
66.~\ Partridge's Island to the Great Island, six pence. 

A vote brought from the House of Representatives, that 
there be paid unto Lt. Govern^ Partridge for the use of Sir 
Henry Ashurst, for service done by him for this Province, 
the sum of fifty pounds sterling, to be paid out of the in- 
come of this River as far as possible. 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 127 

The Petition of Jonathan Wadlcigh and Nicliolas Gor- 
don, as on flic, was read at this Board and sent down to 
the House of Representatives, who sent the same up again 
with their opinion, that the constables and select men of 
Exeter, who served in the year one thousand six hundred 
and ninety-seven, be satisfied to appear at the next session 
of Assembly and then bring their original rate. 

Ordered, that the Secretary notify to the said select men 
and constables, if called for by the petitioners, or some for 
them, that they appear at the next session of General As- 
sembly, and bring in their Original Rate they petitioned 
about. 

Mr. Charles Story, Secretary, gave in his ace" to this 
Board for his service, &c., as Secretary, which was sent to 
the House of Representatives, and brought hither again, 
who allowed said Charles Story sixty pounds, which was 
likewise allowed at this Board. 

Ordered, that the said sixty pounds be paid out of the 
next Province rate and that an Order go to the Treasurer 
accordingly. 

Treasurer's acc*^^ was given into this Board and sent 
down to the House of Representatives, who returned the 
same back, with an estimate of what Debts are now due 
from the Province, and allowed the Treasurer's account to 
be one hundred and four pounds, twelve shillings, which 
was likewise allowed at this Board. 

Ordered the same be paid out of next Province Rate. ■ 

The Bill for raising three hundred pounds was read three 
times at this Board, and ordered to be engrossed ; 

And having passed both Houses was enacted and con- 
sented to by the Lieut. Govern'', and by him signed accord- 
ingly. 

Estimate of the Province Debts upon file. 

After which the Lt. Govern^ adjourned the Assembly, till 
the last Tuesday in April next, being the 29^^^ day. 



128 PROVINCE OF NEW-HAMPSHIRE. [1701. 

[p. 57.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsm*^ by adjournm*, Tues- 
day, the 29'^^ April, 1701. 
Present, 
The Hon^^i^ W"^ Partridge, Esq., Lt. Govern^ 
John Hinkes, ) ^ W"^ Yaughan, ) ^ 

Peter Coffin, \ ^'^'^- John Gerrish, \ ^^'^''^' 

Robert Elliott, Esq. Eichard Waldron, Esq. 

A vote sent up by Mr. Theodore Attkinson from the 
House of Representatives, that an addition be made to the 
Last Act past in this Province, relating to all vessels up- 
wards of twelve tons not belonging to said Province, pay- 
ing powder money for supply of his Majesty's fort at new 
castle, &c. ; was read and upon file. 

A vote sent up per ditto, that whereas by the aforesaid 
Act all vessels exceeding twelve tons, were obliged to pay 
one pound of powder or twelve pence per ton, 

It is humbly offered for the better encouragement of 
Trade within this Province, that the Treasurer demand no 
more than twelve pence per thousand, of every such vessel 
as carrieth lumber from hence, was read, and upon file. 

A vote was sent up, per ditto, that whereas the season of 
the year requires several of this House to be at home about 
their present necessary occasions, for sowing and planting, 
we humbly pray an adjournm^ until the 20^^' of May next, 
or when your Honor may in prudence see meet. 

Mr. Secretary was sent to call the House of Representa- 
tives to this Board, to adjourn them till Tuesday, the twen- 
tieth of May next, at 12 of the clock in the forenoon. 



170 L] JOURNAL OP COUNCIL AND ASSEMBLY. 129 

[p. 58.] Province of New Hampshire. 

At a Council and Gene" Assembly 
held at Portsm*^ by adjournm* the 20^'' 
May, 1701, Post merediem. 
Present, 
The Hon^^« W'" Partridge, Esq., Lt. Govern'", 
John Hinkes, ) ^^ , Peter Coffin, 



Nath' Fryer, $ ^^^'s- W- Vaughan, P^^™" 

Richard Waldron, Esq. 
Mr. Secretary carried to the House of Representatives 
by order of this Board a Report from the committee, of 
what Laws was proper to be past for the use of this Prov- 
ince, together with several Bills drawn up for that purpose. 
Adj*^ till Friday next, 2 o'clock, afternoon. 



Province of New Hampshire. 

At a Council and Gen" Assembly held 
at Portsm^ by adj*, Friday, tlie 23^^ 
of May, 1701, Post merediem. 
Present, 
The Hon^^^ W" Partridge, Esq., L^ Governs 
John Hinks, ^ W"" Yaughan, ) 

Natli. Fryer, > Esqrs. Jno. Gerrish, > Esqrs. 

Peter Coffin, ) Rich^ Waldron, ) 

The Lt. Govern'^ produced a letter from New York, dated 
the 12^^ May, 1701, from the Council of that place, wherein 
was enclosed a letter from his Maj'ty King W"^, directed 
to the late Earle of Bellomont, deceas'^, or to the commander 
in chief of Province of New Hampshire for the time being, 
Dated at Hampton Court the 19*^ day of January in the 12^^' 
year of his Majesty's reign, relating to the Province afore- 
said, in taking care in building and maintaining such forts 
either at Piscataqua or elsewhere in said Province, as are 
necessary for your security, without being burdensome to 
your neighbors, with other matters in said letter contained ; 

And also a quota of men to be furnished by his Majesty's 
9 



130 PROVINCE OF NEW-HAMPSHIRE. [1701. 

respective [p. 59.] plantations on the continent of America, 
toward the defense of the frontiers of New York, in case 
they be itivaded by an enemy, which is likewise upon file, 
and are in these words foil''', having been both read at this 
Board. 

[Superscription.] 

•' To our Eight Trusty and Right well beloved cousin, Richard, 
Earle of Bellomont, our Capt. Gen^^ and GovernMn-chief of our 
Provinces of the Massachusetts Bay, Nev^^ York and New Hamp- 
shire, in America, and of the Territories thereupon depending, 
&c. ; Or to our commander-in-chief of our Province of New 
Hampshire, for the time being. 
(New Hampshire) ." 

WILLIAM R. 
HigJit trusty and Bight ivell beloved Cousin , we greet you well : 
Whereas the welfare and security of our Plantations in America 
require the utmost care and application of such as are entrusted 
with the Governm* of each of them, you are in our name to re- 
quire our Council, and the General Assembly of our Province of 
New Hampshire, to exert the utmost of their power in providing 
for the Building and maintaining of such forts, either at Piscata- 
qua, or elsewhere, within that Province, as are necessary for their 
security, without being burdensome to their neighbors, any further 
than absolute necessity shall require. 

And in case the frontier of our Province of New York be at 
any time invaded by an enemy, you are likewise to call upon our 
Province of New Hampshire, to make good in men (or money in 
lieu thereof) their quota of Assistance, pursuant to the Reparti- 
tion herewith sent you. 

And you are withal to signify to them, that according to y"^ be- 
haviour on this occasion, they will recommend themselves to our 
Royal grace and favor. So we bid you heartily farewell. 

Given at our Court, at Hampton Court, the 19^'^ day of January, 
1700-1, in the twelfth year of our Reigne. 

By his Majesty's command, 
Ja. Vernon. 

[p. 60.] The quota of men to be furnished by his Maj'ty's 
respective plantations on the continent of America towards 
the defence of the frontiers of New York, in case they be 
invaded by an enemy : 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 131 

MEN. 

Massachusetts Bay, 350 

New Hampshire, 40 

Rhode Island and Providence Plantation, 48 

Connecticut, 120 

New York, 200 

East New Jersey, 60 

West New Jersey, 60 

Pensylvania, 80 

Mary Land, 160 

Virginia, 240 

1358 

Mr. Henry Dow, one of the members of the House of 
Representatives, brought up to this Board the following 
words in writmg, viz : 

3fa2/ it 2y^ease your Ilonoi^s: 

Whereas Capt. John Tuttle, of Dover, and L* John Smith, of 
Hampton, two of tlie members of this House, have withdrawn 
themselves,* this House pray that their vacancy be made up out of 
the respective towns unto which they belong. 

By order, Theodore Attkinson, Clerk. 

Adj'^ till the 2^ Tuesday in June next, being the 18*^ day, 
at ten of the clock in the forenoon. 

* [Copied from MS. Minutes of the Assembly.] 

May 22, 1701. The House being att a Debate whether through the Death of the Earle 
of Bellomout their power be not Ended, Tlierefore Desire the Speaker to Bropose to 
the Lt. Gov'r & Council, for their Opinions in the matter. 

May 23, 1701. Mr. Waldron [of the Council] sent down to answer the doutof the 
House, referring to their Powers being lessened by the Death of the Earl of Bellom. &C. 

The mind of the Lt. Gov'r & Councill is, that the powers, in an Officer are not altered 
by his Death. 

It being Debated again in the House, they are mosi of the same mind witb the Lt. 
Gov'r and Councill, but some objecting, the speaker is desired to inform the Lt. Gov'r 
and Councill, that the major part was for going^ on and acting as formerly. The 
speaker delivered tlie same. 

Capt. John Tuttle and Lt. John Smith having jvithdrawu themselves from the As- 
sembly, the Assembly Request the Lt. Gov'r that the vaoaney may be made up by a 
new choice. 

June 10th, 1701. Appeared in the Room of Capt. Tuttle, Lt, James Davis, and Tim- 
othy Hilliard in the room of Lt. Jahn Smith; who, l&eing qualified, are joyned.asxaem- 
bers of this House; the rest of the House meeting according to adjorn't.. 



132 PROVINCE OF NEW-HAMPSHIRE. [1701. 

[p. 61.] Province of New Hampshire. 

At a Council and Gen" Assembly held by ad- 
journm* at Portsm^ the 10*^ of June, 1701, 
Ante merediem. 

Present, 
The Hon^^« W™ Partridge, Esq., L* Govern'", 
John Hinks, \ ^ John Gerrish, 



Robert EUott, f ^^^^^^ W™ Vaughan; \ ^''^''' 

Ricli'^ Waldron, Esq. 

The L* Govern'' granted a dedimus potestatem to Robert 
EUott and "W" Vaughan, Esqs., and Charles Story, Secre- 
tary, to swear James Davis and Timothy Hilliard, two 
members of the Assembly elected to sit this day in Loco 
Capt. John Tuttle and Lt. John Smith, who took the oaths 
appointed to be taken, instead of the oaths of Allegiance 
and Supremacy mentioned in the statute made in the first 
year of King W" and Queen Mary's Reign, as appears by a 
return of said dedimus j^otestatem. 

Mr. Richard Jose, sheriffe of this Province, appeared at 
this Board and produced a Commission under the seal of 
the Province, and signed by the late Earle of Bellomont, 
dated at Portsm^, the first day of August, 1699, for the of- 
fice of Sheriffe, to execute the said ofhce from said first day 
of August till the 29^^ day of September, 1700 ; and like- 
wise made complaint that the said commission was falsely 
recorded by the late secretary, Mr. Sampson Sheafe ; which 
commission being examined before the L* Govern"" and 
Council, was found to be falsely recorded by Omitting the 
true time of said sheriff's continuing to execute his office, 
by two months or thereabouts. 

Ordered, that it be entered under the Record, that it is a 
false Record, and that the present Secretary record the orig- 
inal de novo. 

Adj'^ till to morrow morning, 9 o'clock. 



1701.] JOURNAL OP COUNCIL AND ASSEMBLY. 133 

[p. 62.] Province of New Hampshire. 

At a Council and General Assembly, held at 
Portsm^ by adj'^ the 11"^ day of June, 1701, 
Ante Merediem. 

Present, 
The Hon^^« W" Partridge, Esq., U Govern'', 
JolmHinkes, ) j, W- Yaughan, )p 

Robert Ellott, \ ^^^^^' Richard Waldron, ] ^'^^^^• 

John Gerrish, Esq. 
Mr. Nath. Hill brought up from the House of Represen- 
tatives these several Bills, foll^ : 

A Bill for establishing Town Bounds and Lands, &c. ; 
A Bill for limitation and quieting possessions ; 
A Bill against trespassing on Town commons ; 
A Bill for strengthening sheriffs, constables, &c. ; 
A Bill for an addition to the act relating to Courts ; 
A Bill to prevent frauds in Tanners, &c. ; 
A Bill for a Constable's watch ; 

Which Bills were passed by the Assembly and prayed to 
be engrossed. 

All the aforesaid bills were read at this Board. 
Edward Toogood brought to this Board a debenter for 
£15 due to himself, Sam^ Whidden» and Mr. Penhallow's 
man, for one day's work going to Newichawanock to dis- 
cover a quarry of stones for building the fort at Great 
Island, — was read. 

Ordered that Edw^ Toogood be paid 7s., Sam^ Whidden, 
5s. 6d., Mr. Penhallow's man, 2s. 6d.,out of the Treasury. 
Adj'^ till to-morrow morning, 8 of the clock. 



[p. 63.] At a Council and Gen" Assembly, held by 

Adj* at Portsm^ on Thursday, the 12^^ of 
June, 1701, ante merediem. 
Present, 
The Hon^^^ W"^ Partridge, Esq., L* Govern^ 
John Hinkes, ) ^ W"^ Yaughan, ) j, 

Rob* Ellott, \ ^^^^^* John Gerrish, | ^^^^®- 
Rich^ Waldron, Esq. 



134 PROVINCE OF NEW-HAMPSHIRE. [1701. 

Mr. James Eandell, one of the members of the House of 
Representatives, brought up to this Board the foil. Bills : 

An additional Bill for the settlement of Intestates' 
Estates ; 

An additional Bill to the Law entitled Marriages ; 

A Bill for punishing criminal offenders ; 

Which said Bills the House of Representatives humbly 
pray may be engrossed. 

All which Bills were read at this Board. 

Richard Waldron, Esq., was sent down to the House of 
Representatives with these following Bills to be amended, 
viz.. 

The Bill against trespassing in town commons ; 

The Bill to prevent frauds in Tanners, &c. ; 

The Bill for strengthening sheriffs, constables, &c. 

Adj*^ till to-morrow eight of the clock, in the morning. 



[p. 64.] Province of New Hampshire. 

At a Council and Gen" Assembly held at Portsm^ 
by adj* the 13^ of June, 1701, ante merediem. 
Present, 
The Hon^^« W"^ Partridge, Esq., L^ Govern^, 
John Hinkes, ) W™ Yaughan, J 

Nath^ Fryar, > Esqrs. John Gerrish, > Esqrs. 

Robert Ellott, ) Rich'^ Waldron, ) 

Mr. Richard Waldron, Esq., was sent down to the House 
of Representatives with the Bill for establishing Town 
Bounds, Lands, &c., in order to be amended. 

Mr. Dudly, one of the House of Representatives, brought 
up to this Board these foil. Bills, viz.. 

The Bill to prevent frauds in Tanners, &c. ; 

The Bill for strengthening sheriffs, constables, &c., with 
their amendm*% which passed that House ; 

The Bill against trespassing on town commons, with its 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 135 

amcndm*, ditto, who prays the same may be engrossed ; 
A Bill to prevent impounding cattle ; • 

A Bill for registering Deeds and conveyances; — were 

read at this Board. 

Adj'^ till 3 o'clock in the afternoon. 



[p. 65.] Province of New Hampshire. 

At a Council and Gen" Assembly, held at 
Portsm^ by adj' the 13"^ of June, 1701, 
post merediem. 
Present, 
The Hon^^^ W™ Partridge, Esq., U Govern^, 
John Hinkes, ) -p^^,,, W"^ Vaughan, ) ^^ 

Robert Ellott, j ^^^^^- John Ge?rish; | ^^^^^- 

Richard Waldron, Esq. 
Mr. Charles Story, Secretary, was sent down to the 
House of Representatives, with the Bill for registering of 
Deeds and conveyances, in order to be amended. 

Mr. James Davis, one of the House of Representatives, 
brought up said Bill to this Board with its amend m^^ 
Adj*^ till to-morrow morning, eight of the clock. 



Province of New Hampshire. 

At a Council and Gen" Assembly, held at 
Portsm^ by adj* the 14*'^ of June, 1701, 
ante merediem. 
Present, 
The Hon^^^ W™ Partridge, Esq., L* Govern"-, 
John Hinkes, ) j, W"^ Vaudian, ) -^ 

Robert Ellott, ( ■^^^''^* John Gerrish, j ^^^''^• 

Richard Waldron, Esq. 
Mr. James Davis, one of the House of Representatives, 
brought up to this Board a Bill against xidultery and Polyg- 
amy, and prayed the same might be engrossed. 



136 PROVINCE OF NEW-HAMPSHIRE. [1701. 

A vote sent up from said House that all the Laws of this 
Province be forthwith put into print (at charge of the pub- 
lick) was read. 

These several Bills foil., having been read a third time 
and passed both Houses to be enacted, were consented to 
by the L* Govern', and by him signed accordingly. 

[p. 66.2 An Act against Adultery and Polygamy. 

An Act for the punishing criminal oifenders. 

An Act for Recording Deeds and conveyances. 

An addition to the Act past about Intestates' estates, with 
another addition to Insolvent estates. 

An Act ag^* trespassing on town commons. 

An Act for aiding and assisting sheriffs, constables, &c., in y' 
executing their office. 

An Act to prevent Impounding cattle wrongfully. 

An Act for Regulating Tann'^, Curri", cordwayn""*, &c. 

And then the Lt. Govern'^ adj'^ the Assembly till Wednes- 
day next, the 18^^^ day of June, inst., at ten of the clock in 
the forenoon. 



Province of New Hampshire. 

At a Council and Gen" Assembly held at Portsm** 
by adj* on Wednesday, the 18^^ of June, 1701. 
Present, 
The Hon'^^'^ W™ Partridge, Esq., L* Govern"^, 
John Hinkes, ) ^ W™ Yaughan, ) ^ 

Peter Coffin, \ ^^'^'^^' John Gerrish, \ ^^'^''^• 
Kich'^ Waldron, Esq. 
The petition of sundry ordinary keepers of the town of 
Portsm*' was read at this Board and sent down to the 
House of Representatives. Petition on file. 

Mr. Swett, one of the House of Representatives, brought 
up to this Board a Bill about keeping his Maj'ty's highways 
and Bridges in repair for the future,] — was read at this 
Board. 

Adj^ till to-morrow morning, eight of the clock. 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 137 

[p. 07.] At a Council and Gen" Assembly held at 

Fortsm"" by adj* on Thursday, the 19"' of 
June, 1701. 

Present, 
The rion''^^ W™ Partridge, Esq., L* Govern"^, 
John Ilinkes, ) i,-, Peter Coffin, ) -p, 

xNath' Fryer, j ^^^'s- w- Vaughan, \ ^'^-s- 

Eichard Waldron, Esq. 

Mr. John Pickerin, one of the House of Representatives, 
brought to this Board a vote from said House, praying that 
they might have a sight of the papers put into the Gov- 
ernm* and Council, formerly relating to the Bounds of the 
several Towns within this Province, — was read and put 
upon file (which papers was sent dou^n to the House ac- 
cordingly). 

Mr. Charles Story was sent as a message to the House 
of Representatives with a recommendation to said House, 
signed by the L^ Govern'^, of the present state and condition 
of his Maj'ty's fort in Great Island, <fec., being first read at 
this Board. 

The petition of Nath' Ayres, smith, relating to a new 
trial or hearing of his case between him and one Abrah. 
Clements, depending at common law, was read at this 
Board and sent down to the Plouse of Representatives. 

The petition of James Phillipps, a soldier at the fort, 
was read at this Board, relating to what money was due to 
him for such his service as a soldier, might be ordered to 
be paid to himselfe and not to any person else, was read at 
this Board and on file. 

The petition of Sam^ Comfort, Oar-maker, was read at 
this Board, relating to a new trial or hearing of a case 
wherein he was deft, at the suit of one Natli^ Weare, pi', 
and sent down to the House of Representatives. 

The House of Representatives sent up to this Board in 
writing, wherein they humbly pray a committee be ap- 
pointed by this Board to consider of all papers put in, or 



138- PROVINCE OF NEW-HAMPSHIRE. [1701. 

can be produced by the several towns or their Represen- 
tatives, concerning the Bounds thereof, and to make report 
of their opinion in order to a settlement of said Bounds, 
was read at this Board. 

[p. 68.] Ordered that Major W™ Yaughan and Peter 
Coffin, Esqrs., Capt. Henry Dow and Capt. John Pickerin, 
be a committee to consider of all papers put in or can be 
produced by the several towns or their Representatives, 
concerning the Bounds of said Towns, and to make report 
of their opinions, in order to a settlement thereof, to this 
Board by to-morrow morning, 10 of the clock, which order 
was sent down to the House of Representatives. 

A Bill for taking affidavits out of Court was brought up 
to this Board by Mr. Timothy Hilliard, one of the House 
of Representatives. 

Adj*^ till to-morrow morning, 10 of the clock. 



Province of New Hampshire. 

At a Council and Gen" Assembly, held at 
Portsm^ by adj* on Friday, the 20"^ of 
June, 1701. 

Present, 
The Hon^'^ W"^ Partridge, Esq., L* Govern^ 
John Hinkes, ) ^ Peter Coffin, 1 y 

Robert Ellott, \ ^^'^^^' W- Yaughan, \ ^^^'^* 
Rich*^ Waldron, Esq. 
The Bill for taking affidavits out of Court was sent down 
to the House of Representatives by Mr. Charles Story, Sec- 
retary, with an amendment. 

The said Bill was sent up from the House of Represen- 
tatives and amended, past, and ordered to be Engrossed. 
Adj'^ till to-morrow morning, eight o'clock. 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 139 

[p. 69.] Province of New Hampshire. 

At a Council and Gen'^ Assembly, held hy 
adj* on Saturday, the 21^* of June, 1701, 
ante merediera. 
Present, 
The Hon^^*' W" Partridge, Esq., L* Govern^ 
John Hinkes, ) ^ Peter Coffin, ) y 

Robert Ellott, \ ^f^'^* W" Vaughan, \ ^^^^^' 

Richard Waldron, Esq. 
An addition to a former Act relating to sloops and other 
vessels above twelve tons, to pay powder money for one 
year from the date thereof, was sent up by the House of 
Representatives and read at this Board. 

The Bill relating to the repairing his Maj'ty's highways 
within this Province, being formerly sent down to the House 
of Representatives by Mr. Dudly, one of the members of 
the said House, being as foil. : 

2P* June, 1701. 
Yoted that for the reimbursing the Hon^^^ W°^ Partridge, 
Esq., our L* Govern'", in part, for what he have expended 
for the use of this Provhice, that he shall have one hundred 
pounds paid out of the next assessment that is made in 
this Province, and also that there shall be paid to Sir 
Henry Ashurt, so much as shall make up that we gave him 
the 8*^^ March, 1700, — one hundred pounds curr^ money 
of New England. 

Past by the Assembly — JVemine contradicente. 
Consented to by the Council. 

Henry Dow, Clerk j?ro tempore. 

Another Yote was sent up, per ditto, being as foil : 

2P* June, 1701. 
Voted that Mr. Charles Story shall have twelve pounds 
paid him out of the next assessment made in this Province 
as a gratification for his extraordinary service done for said 
Province. 

Consented to by the Council ; Past by the Assembly — 
Nemine contradicente. 

Henry Dow, Clerk pro tempore. 



140 PROVINCE OF NEW-HAMPSHIRE. [1701. 

The petition of Nath^ Ajers, smith, was sent back to this 
Board from the House of Representatives, with a vote that 
they granted his petition. 

The petition of sundry ordinary keepers was sent up to 
this Board from the House of Representatives, with this 
answer : That they had read the same three times and see 
no cause to pass it. 

[p. 70.] The petition of Samuel Comfort, Oar-maker, 
was brought up to this Board, from ditto, who thought it 
not convenient to do any thing about it. 

These several Bills, having been read a third time and 
passed both Houses, to be enacted, were consented to by 
the L* Govern'^ and by him signed accordingly : 

An Act for taking Affidavits out of Court ; 

An Act for Regulating of Seamen ; 

An Act for Repairing his Maj'ty's Highways, &c. 

And then the Lt. Govern^ adj*^ the Assembly till Wednes- 
day the 16*^ of July next, 12 of the clock. 



Province of New Hampshire. 

At a Council and Gen" Assembly held at 
Portsm^ by adj* on Wednesday, the 16^^ 
July, 1701, post merediem. 
Present, 
The Hon. W™ Partridge, Esq., L* Govern^ 
Nath^ Fryer, J W"^ Yaughan, ^ 

Peter Coffin, > Esqrs. John Gerrish, \ Esqrs. 

Robert EUott, ) Richard Waldron, ) 

The petition of Benj. Shaw on behalf of his son Roger 
Shaw, was read and on file. 

Ordered that Benj. Fifield and Thomas Roby appear at 
the Board to-morrow at 4 of the clock in the afternoon, and 
bring with them their acc"% how, and to whom, they paid 
the Pul)lick money which they had warr*^ to collect accord- 
ing to the Act of Assembly, in order to adjusting acc*^^ with 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 141 

the Treasurer for the same ; And that the Secretary make 
forth a summons accordingly. 

An additional Act to the Law, Title Marriages, was read 
at this Board. 

[p. 71.] The House of Representatives sent up to this 
Board, to pray their Hon''^ would consider of the former pro- 
posals about settlem* of Towns^'P^ and Town Bounds. 

Adj'^ till to-morrow morning, eight of the clock. 



Province of New Hampshire. 

At a Council and Gen" Assembly, held 
at Portsm^ by adj* on Thursday, the IT^'' 
of July, 1701, Ante merediem. 
Present, 
The Hon^^" W"^ Partridge, Esq., L* Govern'*, 
Peter Coffin, ) ^ W- Vaughan, ) ^ 

Robert EUott, ( ^^'^'^' John Gerrish, J ^^^'^• 

Richard Waldron, Esq. 
The Lt. Govern'' produced a Letter directed to this Board 
and Hotise of Representatives, under the hand of Isaac 
Addington, Esq., Secretary of the Massachusetts Govern- 
ment, dated at Boston, June ultimo, 1701, relating to the 
laying impositions of tonnage and other duties, upon open 
vessels trading betwixt that Governm* and this, was read at 
this Board and sent down to the House of Representatives. 
A vote was sent up by the House of Representatives, re- 
lating to the sending an answer of said Letter ; and that 
an Act be past to repeal a former Law about small vessels 
paying tonnage and other duties, <fec., trading betwixt the 
Massachusetts Governm* and this Governm*. 

Benj. Fifield and Thomas Roby appeared according to 
summons, and being examined what sum of money they 
were in arrear, and what was found to be so in arrear they 
were ordered to pay it to the present Treasurer in a week's 
time, who accordingly promised to pay the same. 



142 PROVINCE OF NEW-HAMPSHIRE. ■ [1701. 

The petition of Benj. Shaw was read again at this Board, 
relating to money due his son Roger Shaw, for working at 
the fort at New Castle, and upon examination of the same, 
it is found that the said Benj. Shaw was paid for what was 
due for his son Roger Shaw's work as aforesaid, by Con- 
stable Roby of Hampton. 

Mr. Francis Tucker, his ace** am*' to eight pounds for 
Rent of the warehouse for the fort, from the 8*^ April, 1699, 
to 8*^ April, 1701, was allowed and ordered to be paid out 
of the next Rate. 

[p. 72.] ^Y^^ Partridge, Esq., L* Govern'^, produced an 
ace" to this Board for sundries owing him by the Province, 
amounting to four pounds, eight shillings and four pence, 
was allowed at this Board, and ordered to be paid by the 
Treasurer. 

Mr. W^^ Cotton's acc"^ from Febr'y, 1699, to Sept^^'^ 1700, 
for riding, &c., about Province Business, was read, amount- 
ing to three pounds ; allowed but two pounds ten shillings 
thereof, And ordered to be paid by the Treasurer out of the 
next Province Rate. 

John Hinkes, Esq., produced his ace**'' to this Bbard, re- 
lating what was due to him from the Province for the ser- 
vice of himself and soldiers at the fort W™ and Mary, with 
other articles in said acc**% from the 17*^' of May^ 1700, to 
the 17*'' of May, 1701, amounting to 78^'^: 6' : 3*^, was read 
and allowed of, and ordered to be paid by the Treasurer, 
out of the next Province Rate. 

Samuel Comfort's Ace** being read at this Board, Amount- 
ing to one Pound, eight shillings and six pence, was al- 
lowed — being for five square Ashen Oars, 17 foot each, for 
the Fort boat ; And ordered that the same be paid out of 
the next Province Rate. 

Adj*^ till 8 o'clock to-morrow morning. 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 143 

Province of New Hampshire. 

At a Council and Gen^^ Assembly, held at 
Portsm'' by adj^, on Friday, the 18"^ July, 
1701. 

Present, 
The Hon. W™ Partridge, Esq., V Govern^ 

Eobert EUott, ) ^ W- Vaughan, | ^ 

Peter Coffin, \ ^^^^^' John Gerrish, \ ^^^'^' 

Richard Waldron, Esq. 

The petition of Major W"^ Vaughan, Recorder, was read 
at this Board, relating to a complaint exhibited against him 
to the House of Representatives, by Messrs. Sam^ Penhal- 
low and Sam^ Keais, for his, the said Yaughan's refusing 
to give them a Deed of Gift, given him to Record, &c., in 
which petition said Yaughan prays to have a hearing 
[p. 73.] before the Lt. Govern'' and Council, and that time 
be given him to make his answer to said complaint. 

Ordered, that Major W™ Yaughan be allowed a hearing, 
and have time to answer to said complaint till to-morrow 
morning, by the 10 of the clock, and that all parties con- 
cerned have notice thereof given them by the Secretary, to 
attend at the Council Board accordingly. 

A vote sent up by the House of Representatives that for 
time to come the clerk of the Assembly, and in his absence 
the clerk pro tempore, shall be allowed 18*^ per diem, to be 
paid out of the publick Treasury for his writing and finding 
paper, &c., was read. 

The following vote was sent up to this House, viz. (in 
Jioec verba.') 

To prevent any difference that may arise concerning the 
Bounds of the Respective Towns, within this Province, 
This House prays that the said Bounds may be ascertained 
as near as may be according to former settlement, and that 
such land lying between Portsmouth and Exeter as hath not 
hitherto been within any town may be now laid out to 
some next most convenient Town or Towns, as shall be 



144 PROVINCE OF NEW-HAMPSHIRE. [1701. 

thought most meet, — And this to be enacted into a Law for 
the more sure confirmation thereof. 

By order of the Assembly, 

Henry Dow, Clerk, pro tempore. 
Adjourned till 2 o'clock' this afternoon. 



Pro. of New Hampshire. 

At a Council and Gen" Assembly, held by 
adj* at Portsm^ on Friday, the 18"^ July, 
1701, Post merediem. 
Present, 
The Hon^^^ W"^ Partridge, Esq., L* Govern'", 
John Hinkes, ) W'" Yaughan, \ 

Rob^ Ellott, \ Esqrs. John Gerrish, > Esqrs. 
Peter Coffin, ) Rich'^ Waldron, ) 

A vote sent up from the House of Representatives, that 
a Committee be appointed to copy out such Laws as hath 
formally been passed in this Province, what shall be 
thought needful against the next sessions of the House in 
order to be printed. 

[p. 74.] A vote sent up, ditto, that an Act be passed 
that no shop-keeper be permitted to keep a Publick House 
nor retail any manner of strong drink, and that from this 
day they shall be allowed three months and no longer to 
sell what they have laid in, notwithstanding any law, usage 
or custom to the contrary. 

Read at this Board and past the Council. 
An order for the better settlement of the Bounds be- 
tween Portsm"", Hampton and Exeter was read at this 
Board and upon file. 

Ordered, that the Secretary make attested copies, and 
send one to Hampton, Exeter and Portsm^ each. 
Adj^ till 8 o'clock to-morrow morning. 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 145 

Province of New Hampshire. 

At a Council and Gen" Assembly, held at 
Portsm^ by adj*, on Saturday, the 19^'' 
July, 1701, ante merediem. 
Present, 
The Hon^^^ W™ Partridge, Esq., L^ Govern^ 
John Hinkes, J Peter Coffin, J 

Nath^ Fryer, > Esqrs. W'" Yaughan, \ Esqrs. 

Robert Ellott, ) John Gerrish, j 

Richard Waldron, Esq. 
The petition of Nath^ Ayres, relating to a case depending 
between him and Abraham Clements, was read again at this 
Board. 

Ordered, that the said petition be granted and that the 
Secretary issue forth a supersedeas to stop the executing 
execution ag^* Nath^ Ayres in said case. 

The petition of Major W™ Yaughan, Recorder, was again 
read at this Board, relating to the compl* exhibited ag*^ him 
to the House of Representatives by Messrs. Sam^ Penhal- 
low and Sam^ Keais, &c. 

An answer also to the compP aforesaid was deliv^ in 
writing to the Board by said Major Yaughan, and read 
accordingly, as upon file. 

Upon a full hearing of the said [p. 75.] complaint all 
parties being present and Major Yaughan's answer thereto: 
The L* Governor and Council do adjudge and order 
that the original Deeds of Gift mentioned in said compl* 
remains in Major Yaughan's hands ; and that the said 
Yaughan, as Recorder, if said Deeds be not already Re- 
corded, forthwith record the same, and give copy or copies 
thereof attested as Recorder, to the compP or any other 
person concerned when regularly demanded of him. 

Whereas a vote was sent up to this Board on Thursday 
last, from the House of Representatives, that an Act be 
past to repeal a formed Law about small vessels paying ton- 
nage and other duties, &c., trading betwixt the Massachu- 
10 



146 PROVINCE OF NEW-HAMPSHIRE. [1701. 

setts GoYernm* and this Governm*, and because the said 
Act is near expiring, 

Ordered that the Treasurer, or any other officer appointed 
for collecting said duty, do hereafter forbear the demanding 
or receiving any such duty, according to the tenor of the 
said former act, more than what was accustomary before 
said act was made, and that the Secretary give notice to 
said officers accordingly. 

Major W' Yaughan took the oath of Eecorder of this 
Province, diligently and faithfully to discharge his said 
office according to the best of his understanding. (Oath 
upon file.) 

Ordered that the several Constables hereafter named, 
who were Constables in the year 1698, have notice given 
them by the Secretary, to appear at this Board on Thurs- 
day, the 14^^' August next, at 2 o'clock in the afternoon, 
and bring with them their acc"% how and to whom they 
paid the publick money which they had warr^^ to collect, 
according to Act of Assembly, in order to adjusting acc*^ 
with the Treasurer. 

constables' names. 

Dover, James Bunker ; Portsm., Joshua Pierce; Exeter, 
Jerem. Gillman and Andr. Wiggins, Jr. 

A vote was sent up to this Board by the House of Repre- 
sentatives, that Bichard Jose, Esq., have six pounds paid 
him for extraordinary service by him done for this Prov- 
ince, out of the next Province Rate, which was read at this 
Board, and allowed and approved of accordingly. 

A vote was sent up to this Board by the House of Repre- 
sentatives, in hec virba : 

3Ia?/ it 2)lease your Jloif^ : One of tlie members of this 
House belonging to Hampton, having by his misdemeanor 
contrary to the orders [p. 76.] of the House, occasioned his 
•lisniission from the House, the others belonging to Hamp- 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 147 

ton humbly pray the vacancy may bo made up by order of 
the House of Representatives. 

Theodore Atkinson, Clerk. 

Ordered that a writ go out directed to the Sheriffe for the 
election of a new member of said House to appear next 
sessions of Gen" Assembly. 

The L* Govern^ adj*^ the Assembly till Thursday, 14^^ 
August, 1701. 



Province of New Hampshire. 

At a Council and Gen" Assembly, held at 
Portsm" by adj* on Thursday, the 14^^ of 
Aug., 1701. 

Present, 
The Hon^^" W"' Partridge, Esq., L* Govern^ 
John Hinkes, ) ^ W- Vaughan, ) ^ 

Peter Coffin, \ ^^'^^^' John Gerrish, } ^'^''• 

Eichard Waldron, Esq. 
Jeremiah Gillman, one of the Constables for the town of 
Exeter, in the year 1698, appeared at this Board according 
to summons in order to give an account how, and to whom, 
he paid the publick money which he had warr**^ to collect 
according to act of Assembly. 

Ordered, that the said Gillman do make up said ace" with 
the present Treasurer within 14 days' time, and to pay the 
balance of the said acco" to said Treasurer. 

James Bunker, Constable of the Town of Dover in the 
year 1698, appeared at this Board according to summons 
to make up his ace" as abovesaid. 

Ordered, that the said Bunker pay to the Treasurer of 
said Province, one pound twelve shillings, in fourteen days' 
time. 

Joshua Pierce, one of the Constables for the Town of 
Portsm*' in the year one thousand six hundred ninety-eight, 



148 PROVINCE OF NEW-HAMPSHIRE. [1701. 

appeared at this Board according to summons, to make up 
his ace"® as abovesaid. 

Adj<i till the 28^^ day of August, Inst., at 12 of the clock. 



[p. 77.] Province of New Hampshire. 

At a Council and Gen" Assembly, held 
at Portsm'' by adj*, on Thursday, the 28^^^ 
AugS 1701. 

Present, 

The Hon^^« W" Partridge, Esq., L* Govern'', 

W^' Yaughan, Esq. Peter Coffin, Esq. 

John Gerrish, Esq. 

There not being a full Council, the L* Govern^' adjourned 

this Board till to-morrow morning, eight of the clock. 



Province of New Hampshire. 

At a Council and Gen" Assembly held by 
adj* at Portsm% Friday, the 29"^ Aug^ 
1701. 

Present, 
The Hon^^^ W" Partridge, Esq., L* Govern^ 
John Hinkes, ) Robert EUott, ) 

W™ Yaughan, > Esqrs. John Gerrish, > Esqrs. 

Peter Coffin, ) Richard Waldron, ) 

Adj. till 8 o'clock to-morrow morning. 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 149 

Province of New Hampshire. 

At a Council and Gen" Assembly, held 
at Portsm*' by Adj*, on Saturday, the 30*^ 
. AugS 1701. 

Present, 
The Hon'^^^ W"^ Partridge, Esq., L* Govern^ 

John Hinkes, ) W'"" Vaughan, \ 

Rob* Ellott, > Esqrs. John Gerrish, V Esqrs. 

Peter Coffin, ) Richard Waldron, ) 

Capt. Aaron Everdon, command"* of the ship Hope, hav- 
ing made application to this Board, to be abated as to pay- 
ing of powder money for said ship. 

Ordered, that said ship pay one half quantity of powder 
or money equivalent of what she use formerly to pay, and 
no more for this present voyage, and that an Order go to 
the Treasurer accordingly. 

Letters about a quota of men to be sent to New York, 
and a letter about making a Law, that an Act be made to 
[p. 78.] prevent the spoiling oi trees fit for the service 
of His Maj'ty's Navy, was sent down to the House of Rep- 
resentatives. 

The said Letters were sent up again from the House of 
Representatives to this Board, with a vote, as upon file. 

Richard Waldron, Esq., was sent down to call up the 
House of Representatives to this Board, who accordingly 
came, and the Lt. Govern'^ was pleased to 

Adjourn them till Wednesday, the 10*^ of Sept. next, a 
12 of the clock. 



150 PROVINCE OF NEW-HAMPSHIRE. [1701. 

Province of New Hampshire. 

At a Council and Gen" Assembly, held 
by adj*, at Portsm*^, on Wednesday, the 
10^^ September, ITOl. 
Present, 
The Hon^i^ W^^ Partridge, Esq., L* Govern'*, 
Peter Coffin, Esq., W^'^ Vaughan, Esq., 

Rich** Waldron, Esq. 
' There not being a full Council the Lt. Govern'^ was pleased 
to adjourn this Board till to-morrow morning, eight of the 
clock. 

Province of New Hampshire. 

At a Council and Gen" Assembly, held 
by adj* at Portsm*^ on Thursday, the 11*^ 
of Sep'"'', 1701, Ante merediem. 
Present, 
The Hon^i^ W^ Partridge, Esq., L* Govern^ 
John Hinkes, ) y Peter Coffin, { ^ 

Eobert Ellott, \ ^^^"^^^ W- Yaughan, ) •^^^'^^• 

Richard Waldron, Esq. 
Yote was sent up to this Board from the House of Rep- 
resentatives, by Mr. Theophilus Dudly, that all actions 
above 40^ shall first be brought at the Inferior Court of 
Common Pleas, and that either party shall have liberty to 
Review said action once, and no more, and an appeal be al- 
lowed to the Superior Court, and a review to be allowed at 
that Court once and no more ; and if true value of the 
thing sued for be aljove the value of 100"'* sterling, then 
cither party shall have an appeal to the Govern'" and Coun- 
cil at tliis Board ; — and past the Council. 
Adj'^ till 3 o'clock in the afternoon. 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 151 

[p. 79.] Province of New Hampshire. 

At a Council and Gen" Assembly, held 
at Portsm'', by Adj', on Thursday, the 
11"^ 7% 1701, Post merediem. • 
Present, 
The Hon^^« W Partridge, Esq., L* Govern^ 
John Hinkes, ) -^ Peter Coffin, ) -p 

Eobert Ellott, \ ^^^^^^' W- Yaughan, } ^^^^^'• 

Pichard Waldron, Esq. 
Mr. Nath. Hill, one of the House of Representatives, 
brought up to this Board the foil, vote, viz., 

Yoted, that all grants of Lands heretofore made either 
by the Town or Select men of the several Towns within this 
Province, shall stand good and valid to the Grantee, his 
Heirs, Executors and Assigns forever. 

By order of the Representatives, 

Theodore Attkinson, clerk. 

Adj*^ till eight o'clock to-morrow morning. 



Province of New Hampshire. 

At a Council and Gen" Assembly, held 
by adjm*, on Friday, the 12"^ 7^% 1701, 
Ante merediem. 
Present, 
The Hon'^^^ W^ Partridge, Esq., L* Govern^ 
John Hinkes, ) ^ Peter Coffin, ) -^ 

Robert Ellott, j ^^^^^- W- Vaughan, \ ^^^^''• 

Richard Waldron, Esq. 
A Bill for Regulating of Trials in civil causes was sent 
up to this Board by the House of Representatives. 

Yote sent up by the House of Representatives, relating 
to all grants of Lands heretofore granted by the several 
Towns, select men, or Committees, shall be good to the 
grantee, his Heirs, Executors and Assigns forever ; — read 



152 PROVINCE OF NEW-HAMPSHIRE. [1701. 

at this Board (as upon file), who passed said vote, and Or. 
dered that a Bill be prepared accordingly. 

The petition of the select men of Exeter was read at y^ 
Board relating to their Town Bounds as upon file. 

[p. 80.] The petition of several of the inhabitants of 
the town of Exeter was read at this Board, relating that 
they may continue and belong to the said Town of Exeter, 
and not be put or joined to any other Town. Order upon 
Petition. 

The Bill to prevent contention and controversy that may 
arise concerning the Bounds of the respective Towns within 
ys Province was three times read at this Board and past by 
the Council, and sent down to the House of Representatives 
in Order to be engrossed. 

Adj'^ till 3 o'clock, Post merediem. 



Province of New Hampshire. 

At a Council and Gen" Assembly, held at 
Portsm'' by adj^ on Friday the 12"' 7br, 
1701, Post merediem. 
Present, 
The Hon^^-^ W"^ Partridge, Esq., L* Gov., 
John Hinkes, ) -^ Peter Coffin, 



Rob^Ellott, S^^^^- AV-Vaughak, P^^^' 

Rich'^ Waldron, Esq. 
A vote for raising of five hundred and fifty pounds for 
defraying the Province ingagements, and laying before his 
Maj'ty the great grievances of this Province, was sent up to 
this Board by the House of Representatives, and read and 
past, and ordered that a Bill be drawn accordingly. 
Adj'^ till to- morrow morning, eight of tlie clock. 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 153 

[p. 81.] Province of New Hampshire. 

At a Council and Gen" Assembly, held at 
Portsm^ by adj* on Saturday, the 13**^ 
Tbr, 1701. 

Present, 
The IIon'^^° W™ Partridge, Esq., L* Gov^, 
John Hinkes, ) -p Peter Coffin, ) -^ 

Rob^Ellott, i^^^^- W^Vaughan, P^^^* 

Richard TValdron, Esq. 
The Bill for raising of five hundred and fifty pounds was 
read three times at this Board, and past the Council, and 
ordered to be engrossed. 

The Bill for confirmation of Town Grants was three 
times read at this Board, and past by the Council, and 
ordered to be engrossed. 

These several Bills following, having past both Houses to 
be enacted, were consented to by the L* Govern'^ and by 
him signed accordingly. 
An Act for the confirmation of Town Grants. 
An Act for raising SSO^*^* for defraymg the public charge of this 
Province. 

An Act to prevent contention and controversy that may arise 
concerning the Bounds of Respective Towns within this Province. 

The L* Govern^, with the advice of his Council, pro- 
rogued the Assembly till the 2^ of October next, at twelve 
of the clock. 

[p. 82.] Province of New Hampshire. 

At a Council and Gen" Assembly, held 
at Portsm'^ by adj* on Thursday, the 
2'^ October, 1701. 
Present, 
The Hon^^^ W«^ Partridge, Esq., L* Govern'', 
John Hinkes, \ ^ ^Y^ Yaughan, ) ^ 



Rob' Ellott, \ ^^'^^' John Gerrish, 

Richard Waldron, Esq. 
The L* Govern^ adj*^ the Council till to morrow, eight of 
the clock. 



154 PROVINCE OF NEW-HAMPSHIRE. [1701. 

Province of New Hampshire. 

At a Council and Gen" Assembly held 
at Portsm'' by adj* on Friday, the 3'^ of 
October, 1701. 
Present, 
The Hon^^^ W"^ Partridge, Esq., L* Govern^ 
John Hinkes, ) W'"" Yaughan, ^ 

Kob* Ellott, > Esqs. John Gerrish, > Esqs. 

Peter Coffin, ) Richard Waldron, ) 

A vote was brought up from the House of Representa- 
tives to this Board, that an Act relating to Courts be fairly 
drawn out and engrossed. 

Henry Dow, Clerk pro tempore. 
Adj^ till to morrow morning, eight of the Clock. 



[p. 83.] Province of New Hampshire. 

At a Council and Gen" Assembly, held 
at Portsm^ by adj* on Saturday, the 4^*^ 
of October, 1701. 
Present, 
The Hon^^« W"^ Partridge, Esq., L* Gov^, 
John Hinkes, \ W"' Yaughan, ) 

Robert Ellott, [ Esqs. John Gerrish, \ Esqs. 

Peter Coffin, ) Richard Waldron, ) 

The petition of James Philipps, relating to his wages 
due as a soldier at the fort W^"" and Mary to the 17^^' of 
May, 1701, was read at this Board. 

Mr. Hinkes gave answer to said petition, being Capt. of 
this fort, that it was all paid to said time. Petition on file. 
The Bill entitled an Act for regulating of trials in civil 
causes, having been read three times and past both Houses, 
was consented to by the L* Govern^', and by him signed 
accordingly. 

Prorogued till the 1^^ Tuesday in April next. 



1702.] JOURNAL OP COUNCIL AND ASSEMBLY. 155 

The General Assembly was further prorogued till Tues- 
day, the 12*1^ of May next, by order of Council the 28"^ of 
March, 1702, by way of proclamation. 



[p. 84.] Province of New Hampshire. 

^ At a Council and Gen'^ Assembly, held 

by Prorogation on Tuesday, the 12"^ day 
of May, 1702. 
Present, 
The L* Govern^ W^ Partridge, Esq., 
John Hinks, ) p W™ Vaughan, 



Robert EUott, f ^^^^- John Gerrish' \ ^^^^* 

Richard Waldron, Esq. 
John Hinkes produced his debenter into this Board for 
his salary and wages for himself and the soldiers at the 
fort W™ and Mary, from the 17*^^ May, 1701, to the 17^^ 
May, 1702, amount to 75^'^' 10' 00^ ; was allowed and ap- 
proved of. 

Adj'^ till to morrow morning, 9 of the clock. 



Province of New Hampshire. 

At a Council and Gen" Assembly, held at 
Portsm"^ by prorogation, on Wednesday, the 
13*^ of May, 1702, Ante merediem. 
Present, 
The Hon'^i"^ W™ Partridge, Esq., L* Govern'^, 
• John Hinkes, ) ^ W"^ V'aughan, ) ^ 

Robert Ellott, \ ^^^^' John Gerrish, ( ^^^^• 

Richard Waldron, Esq. 
Mr. Charles Story, Secretary, was sent down to the 
House of Representatives by the L* Govern'", to lay before 



156 PROVINCE OF NEW-HAMPSHIRE. [1702. 

them an estimate of what is wanting to the fort W™ and 
Mary, &c.; which was accordingly laid before them in 
writing, and upon file. 

James Phillips having this day brought in his acc*^* for 
arrears of wages, due to him from the 15**^ of March, 
1695-6, to the 17^^ of May, 1701, being 5 years, 2 months 
and 2 days, at 26^^^ per annum, and [p. 85.] there appearing 
to be 6^^: 9^: 02*^ due to the said Phillipps, more than 
the Capt. of the fort hath rece^ for that time, 

Ordered, that the said 6^'^ : 9^ : 02^ be paid out of the 
Treasury of this Province, and the Secretary make out an 
order accordingly. 

Mr. Nath^ Hill brought up to this Board a Bill for the 
continuing several rates and duties of custom, excise, im- 
post and powder money, or Tonnage of Shipping, was read 
at this Board. 

Adj*^ till to morrow morning, 9 o'clock. 



Province of New Hampshire. 

At a Council and Gen" Assembly, held 
at Portsm" by adj* on Thursday, the 14*^ 
May, 1702. 

Present, 
The Hon^i« W^^ Partridge, Esq., L* Govern% 
John Hinks, ) p John Gerrish, ) -p, 

W™ Yaughan, \ ^^^^^' Richard Waldron, \ ^^^^'^* 

Capt. John Gerrish, being sent down by the L* Govern"^ 
to the House of Representatives to require their appear- 
ance at the Council Chamber, and they appearing accord- 
ingly, the L* Govern'" was pleased to adjourn the Assembly 
to Thursday, the 28^^ curr*, 

And the Council till tomorrow, 9 o'clock in the morning. 



1702.] JOURNAL OF COUNCIL AND ASSEMBLY. 157 

[p. 86.] Province of New Hampsliirc. 

At a Council and Gen" Assembly held 
at Portsm'' by adj^, on Thursday, the 
28"^ of May, 1T02. 
Present, 
The Hon^i^ W"^ Partridge, Esq., L* Govern^ 
John Hinkes, ) ^ Peter Coffin, ) ^ 

Nath. Fryer, \ ^^'^''^' W- Vaughan, ( ^^^i'^* 

Richard Waldron, Esq. 
The Bill for continuing several rates and duties of Cus- 
toms, Excise, Impost and powder money, or Tonnage of 
Shipping, was read a second time at this Board. 
Adj^ till tomorrow morning, 9 of the clock. 



Province of New Hampshire. ^ 

At a Council and Gen^^ Assembly held 
at Portsm^, by adj^, on Friday, the 29*^ 
of May, 1702. 
Present, 
The Hon^^*^ W"^ Partridge, Esq., L* Govern^ . 
Nath^ Fryer, ) ^ Robert Elliott, ) ^ 

Peter Coffin, \ ^^^'^- W- Yaughan, \ ^^'^''^' 

Richard Waldron, Esq. 
A vote was sent up from the House of Representatives by 
John Tuck, one of the members of said House, in haec verba : 
Voted, that Major W™ Yaughan be supplied with twenty 
pounds out of the Publick Treasury, for his passage and 
accommodation in going for England, as Agent for the 
Province. 
Past by the L* Govern*" and Council. 

Cha. Story, Secretary. 
Past by the Assembly, 

Henry Dow, Clerk j^ro tempore. 

[p. 87.] Pursuant to an order of Council of the 3*^ of De- 
cember, 1701, which was directed to several persons therein 



158 PROVINCE OF NEW-HAMPSHIRE. [1702. 

mentioned, to run the lines between Town and Town in said 
Province, with such others as the select men of the several 
Towns should send with them, did this day make their 
return of the lines and Bounds between Town and Town ; as 
ujDon file, which was allowed and approved of by the Council. 

And ordered, that the persons who took such care and 
diligence in running said lines or Bounds be justly paid 
out of the publick Treasury of this Province, when the 
next rate shall be paid, each person to have 3^ per diem. 

A vote was sent up to this House that an address and 
memorial relating to the affairs of this Province, as upon 
file, be sent by the L* Govern'", Council and Kepresentatives 
to his Maj'ty, as also a Commission for Major W"^ Yaughan, 
to go Agent to England for s^^id Province, to transact and 
manage all matters and affairs relating to the Quota of 
men and money for New York, and the complaints made 
against said Province, &c., which was read at this Board 
and approved of. 

The Bill for continuing several rates and Duties of Cus- 
tom, Excise, Impost and Powder money, or Tonnage of 
Shipping, being read a third time, and having past both 
Houses to be enacted, were consented to by the L* Govern^ 
and by him signed accordingly. 

Adj'^ till tomorrow morning, 9 of the clock. 



[p. 88.] Province of New Hampshire. 

At a Council and Gen" Assembly held 
at Portsm'', by adj*, on Saturday, the 
30*^ of May, 1702. 
Present, 
The Hon^^^ W"^ Partridge, Esq., L^ Govern^ 
John Hinkes, ) t^, Peter Coffin, ) -j^ 

Nath. Fryer, [ ^^''^''- W- Vaughan, } ^'^i''- 
Richard Waldron, Esq. 
John Cross appearing at this Board and acquainting their 



1702.] JOURNAL OP COUNCIL AND ASSEMBLY. 159 

Hoii''^ he liath arrears due to him as a soldier at the fort 
W"^ and Mary, for service done some time before the 17^^ 
of May, 1701 ; and having examined his dcbenters, and 
what money hath been paid him before said 17"' of May, 
1701, find there is due to him from the Province, 6^^' 9"" 
more than tlie Capt. of the fort rec'd for liim ; which, when 
paid, is in full of said Cross his wages to the said 17"' of 
May, 1701, excepting 4}^\ which is supposed to be in Mr. 
Penhallow's hands. 

Ordered, that the Treasurer pay the same out of the first 
money that shall be raised by the Province for payment of 
such debts, and that an order go from the Secretary ac- 
cordingly. 

Mr. Theophilus Dudly brought up a vote from the House 
of Representatives to this Board, in hsec Verba : 

Voted, that Mr. Charles Story, for his late extraordinary 
service done the Province, be paid six pounds by the Treas- 
urer out of the first income of the River. 

Past by the Assembly. 

Henry Dow, Clerk |?ro tempore. 

Read at this Board and ordered that the Treasurer pay 
the same accordingly. 
• fp. 89.] Mr. Theophilus Dudly brought up a vote, ditto : 

Whereas, Mr. Leverett and Mr. Dudly were sent for by 
the Assembly to be helpful in the Province concerns, and 
they being satisfied ten pounds each, as a gratification for 
their pains by the Treasurer, 

Voted, that the Treasurer be reimbursed the said twenty 
pounds, out of the next assessment made in y^ Province. 

Past by the Assembly. 

Henry Dow, Clerk pro tempore. 

Read at this Board and approved of. 
Mr. Nath^ Hill brought up a vote, ditto : 
Voted, that Capt. Mark Hunkin be desired to accompany 
Major W™ Vaughan to Boston, and that the charge be 



160 PROVINCE OF NEW-HAMPSHIRE. [1702. 

defrayed by the Public Treasurer, out of the next assessm*. 
Past by the Assembly. 

Henry Dow, Glovk pro teynjyore. 

Read at this Board and approved of. 

Theodore Atkinson, Esq., his debenter amo. to 5"'^ 1^ 00^, 
being read at this Board was allowed and approved of. 

Ordered to be paid out of the next Province Rate. 

Patience Atkins' Debenter being read at this Board, Am^ 
to 5^^% was allowed and approved of. 

Ordered that the Secretary make out an order to the 
Treasurer to pay the same. 

Mr. Theophilus Dudly brought up a vote from the House 
of Representatives to this Board, in hsec verba : 

Voted, that what ever Major Yaughan shall have occa- 
sion for as Agent, besides 300^^'-^ formerly granted to nego- 
tiate the affairs of this Province, before his Maj'ty in 
England, that an Act be past for raising of 200^''^ more, in 
case he should have occasion for it. 

Read at this Board and approved of. 

Past by the Assembly. 

Henry Dow, Clerk j^ro tempore. 

[p. 90.] Mr. Charles Story, Secretary, was sent as a mes- 
suage to the House of Representatives, in order to call said 
House to have a Conference with this Board. 

Mr. Theophilus Dudly brought up a vote from the House 
of Representatives, in hsec verba : 

Whereas Major W™ Vaughan, Recorder of this Province, 
is going for England, and no person yet appointed for to 
receive said Records, and they being put into his hands by 
Act of General Assembly, 

Voted, that Mr. Samuel Penhallow be Recorder, and to 
Act therein as the Law direct, and that the said Major 
Vaughan deliver all the Records in his custody to the said 
Sam^ Penhallow. 

Past by the House of Representatives. 

Henry Dow, Clerk 2^ro tempore. 



1702.] JOURNAL OF COUNCIL AND ASSEMBLY. • 161 

Allowed and approved of by the Council. 

Whereas Major W™ Yanghan, Recorder of this Province, 
is employed in a voyage for England on the Publick service 
of the Province, 

Voted, that the said Yaughan do forthwith deliver nnto 
Mr. Samuel Penhallow, all the Records of this Province 
now in his hands, both Books and files, and that the said 
Penhallow do execute the office of Recorder until the said 
Yaughan's arrival again into this Province ; And then the 
said Sam^ Penhallow to redeliver the said Records into the 
hands of the said W"^ Yaughan ; and now to give the said 
Yaughan a receipt for the same accordingly. 

Past by the L^ Govern"" and Council. 

Charles Story, Secretary. 

By the Assembly, 

Theodore Attkinson, Clerk. 

Mr. Charles Story, Secretary, was sent by this Board to 
the House of Representatives, to lay before them an esti- 
mate of the Provincial Debts, which accordingly was done. 
Copy of said estimate on file. 

Adj^^ till Tuesday, the 30^^ of June next. 



[p. 91.] Province of New Hampshire. 

At a Council and Gen" Assembly held 

at Portsm^ on Tuesday, the 30^^ June, 

1702. 

Present, 

The Hon^^^ W"" Partridge, Esq., L* Govern^ 

John Hinkes, Esq., Xatli. Fryer, Esq., 

Peter Coffin, Esq. 

There not being a full Council the L* Govern^' adj'^ this 

Board till tomorrow morning, 9 of the clock. 
11 



162 PROVINCE OF NEW-HAMPSHIRE. [1702. 

Province of New Hampshire. 

At a Council and Gen" Assembly held 
at Portsm° on Wednesday, the first 
day of July, 1702. 
Present, 
The Hon^^« W"^ Partridge, Esq., L* Govern^ 
John Hinkes, ) 

Nath. Fryer, > Esqrs. Robert Ellott, ) ^ 

Peter Coffin, ) Richard Waldron, \ ^^^^^' 

An Information was sent up to this Board from the 
House of Representatives, in these words, viz : 

Information being given by Sam^ Penhallow, Esq., Treas- 
urer, to this House of Representatives, of several sorts of 
lumber in his own, and in several of the constables' hands, 
rec'^ for the last province Rate, which is now such a Dead 
commodity that it will not fetch such price as was con- 
cluded they would : Our advice, therefore, to the said Sam- 
uel Penhallow is, that he use the best of his skill in dis- 
posing of what lumber is in his own and said constables' 
hands, to the best advantage and benefit of the Province ; 
Rendering a just and true account of what shall be by him 
done on that account. Information upon file. 

By order, Henry Dow, Clerk pro tempore. 

Read at the Council Board, allowed and approved of. 

Chas. Story, Secretary. 

The House of Representatives sent up the following 
account about the Indians, in these words, viz : 

The Representatives being informed that many Indians, 
especially in the town of Portsm'', have of late resorted 
thither, and take such measures in going to and fro, and 
viewing almost every House and place, and not only so but 
have been seen by the watch near midnight walking the 
way from the creek to the Bank, saying tliey walk to take 
the air : These and other of their actions all over the town , 
hath and doth much amuse the people (what the end may 



1702.] JOURNAL OF COUNCIL AND ASSEMBLY. 163 

be), do therefore in behalf of said town and all the Prov- 
ince, offer to your Hon"^^ consideration these things, hoping 
that care may be taken about said Indians, for the safety of 
her Maj'ty's subjects in this Province, and that such orders 
may by your Hon""^ be given to the Commission Officers in 
the Province for those ends, as shall be by you thought 
most fit. 

By order, Henry Dow, Clerk pro tempore. 

Eead at the Council Board, and ordered that care be 
taken accordingly. 

Chas. Story, Secretary. 

Vote sent up from ditto, viz : 

Whereas his Excellency the Hon^^*" Joseph Dudley, is 
daily expected to take upon him the Government of this; 
Province, and the Hon''^® W™ Partridge being desired to 
entertain him at his house : 

Voted, That the said W^ Partridge, Esq., be paid out of 
the publick Treasury, for what charge or expense he may 
be at in entertaining him. 

Theodore Attkinson, Clerk. 

Read at the Council Board, allowed and approved of. 

Chas. Story, Secretary. 

Adj^ till the first Tuesday in August next. 



Laws of the Promnce of 2s^ew-Hamp shires from 
1692 to 1702. 

PASSED UNDER THE ADMINISTRATION OF 

Lieut.-Goveriior John Usher, 
Lieut.-Governor William Partridge, 
Governor Samuel Allen, 
Governor The Earle of Bellomont (1). 



[note cy the editor.] 
Three Several MS. copies of these Laws are found in the office of the Secre- 
tary of State, but somewhat differently arranged. The copy Avhich follows, 
by the Editor, is for the most part a transcript of the oldest, or what appears 
to be the original copy, but revised and arranged agreeably to a copy made by 
the late John Farmer, Esq., and certified by Hon. Thomas Treadwell, former 
Secretary of State. These Laws, with the exception of a few which will be 
duly noted, have never before been printed. For the sake of reference they 
are numbered. 



Province of New Hampsliire. 

Att a Geiierall xVssembly held at Portsmouth, 
in y^ Province aforesaide, on y*^ first Tuesday 
in October, 16*J2. 

No. 1. 

An Act for ye Suporte of ye Government^ Repairing for- 
tifications ^ streny thing' the frontiers, .Jrc. 

Wee their Majesties nioste Loj^all & dutifiill subjects, 
Representatives of this their Majesties Province, convened 
in general assembly, being sensible of the greate charge & 
expenses w*"'' have allready arrisen & must nessesarily bee 
dayly growing and Increasing, in defending & securing of 

(1) The four last of the following Laws were passed subsequent to the death of Gov. 
Bellomont, under the administration of Lt. Gov. Partridge. 



PROVINCE LAWS. 165 

their Arajesties' subjects <fe interest, and in prosecntinor y*^ 
war against there Frencli t^'; Indian enemies, have cheerfuliy 
& nnanimonsly given <fe granted, & doe herel)y give <fe 
grante nnto there Most Excellent Maj*'"'^ their heres t'k snc- 
cessors, to y^ end & Intent afores*^, & for y^ defraying of 
other nesseary & contingent charges in & ahontey sup- 
porte of y^ Government of this theire Majesties' Province, 
those severall assessments following, & hnmbly beeseech 
there Alaj"^^ to except of y*" same : 

JBee it tJierefo7'e Unacted & ordained, by the Authority of 
y° same. That a rate be forthwith made on all p'sons <fe Es- 
tates boath real & p'sonall, (there Majesties' Connsill, set- 
tled ministers & schoolmasters only excepted) in equall 
proportion as hereafter exprest : That y^ Treasurer for y^ 
time being, doe forthwith send forth his warrants to y^ 
Constables & Selectmen of every Towne within y® saide 
province, requiring the Constables to call together the In- 
habitants of the Townes, who being soe assembled, shall 
choose some one of saide Inhabitants to bee a Commis- 
sioner for the Towne, who together w*^^ y® selectmen shall 
make a list of all y'^ male p'sons in y'^ same town, from six- 
tene years old & upwards, & a trew estimation of all reall 
& p'son.al Estates, being or reputed to bee the state of all 
& every y^ p'sons in the saide town, or any peculiar in y® 
province or otherwise, under their custody or management, 
to y*" just valuation, & to what p'son y'' same doth belong, 
whether in their one towne or elsewhere, so near as they 
cane by all lawful means which they may use, to saye of 
houses or Lands of all sorts, as well broken up as other, 
except such as doe or shall lye Common, Mills, Ships, & 
all sorts of small vessels, merchandable goods, cranes, 
wharfs, & all sorts of cattle & other knowen Estates what- 
soever, att sea or on shoare ; all which p'sons & estates are 
by y^ selectmen & Commissioners to bee assessed & Eated 
as hereafter Exprest, viz : Every p'son afores*^ (except be- 
fore excepted), all others, every male at one shilling six 
pence pr head ; and for all such p'sons as by y^ advantage 
of there trades and arts are more inabled to help bare the 
pul)lique charge then common Labourers & workmen are, 
as Butchers, Bakers, Brewers, Titulars, Smiths, Carpenters, 
Taylers, Shoomakers, Joyners, Barbers, Millers & Masons, 
w*^ all other mannual p'sons & artificers, are to be rated for 



166 PROVINCE OP NEW-HAMPSHIRE. 

Returns and gaines proportionably unto other men for the 
produce of theire Estates, and for all such servants and 
children as take not wages there masters or parents shall 
paye for them ; But such as take wages shall paye for 
themselves, & all & every p'son aforesaide (Except before 
excepted) shall bee assessed & rated at three pence in y^ 
pound for every twenty shillings, boath p'sons & Estates 
that shall be found, according to y^ rates of cattle here- 
after mentioned ; y^ Estate of all merchants, shop kepers 
and factors, shall be assessed by the Rule of common Esti- 
mation, according to y*^ discression of y^ assesors, having 
regard to there stock, being present to vew or not, in whose 
hand soever it bee ; & if any such merchante find themselves 
over vallued & can make it appeare to y^ assesors they are 
to be eased by them ; if not, by j^ next Courte of Quarter 
Sessions held in the Province ; & houses & lands of all 
sorts (except before excepted) shall be taxed at an equall 
and Indiferent valine according to there worth, in the 
place wherein they lye ; and all cattle to bee vallued, every 
Cow at fower years old and upwards, at fourty shillings, 
heffers & steers of three years old, at thirty shillings, and 
between one and two years old at twenty shillings ; every 
ox at fower years old & upwards, at three pounds ; every 
horse and mare of three yeares old and upwards at three 
pound, and between two and three years old at forty-five 
shillings ; of one years old at sixtene shillings ; every ewe 
sheepe above one years old at five shillings ; every whether 
sheep above a year old, six shillings ; every swine above a 
yeare old, at twelve shillings ; all Cattle of all sorts under 
a year old are hereby exemted : The foregoing Act to 
stand in force for this particular Rate for this yeare & no 
longer, y^ s*^ rate to be forthwith collected & transmitted to 
y® Treasurer of y^ Province, & to be p'' in j"" species d., y^ 
prises following, viz : Merchantable pine boards at thirty- 
six shillings pr thousand ; Red Oak hhd. staves att twenty 
shillings pr thousand ; White oak pipe staves at three 
pound pr thousand ; Beefe at two pence pr pound ; porke 
att three pence pr lb. ; Indian corne at three shillings pr 
bushell ; wheate at five shillings pr bushell ; malte at three 
shillings pr bushell ; good sound Pease at fower shillings 
pr bushel; fish and mackrill at price currante ; and who- 
soever will paye their rates in money shall bee abated 



PROVINCE LAWS. 167 

one third parte, & y° Constable of y'' severall Towns in y^ 
Province are to collect all the above said Rates and transmit 
them to y*^ treasurer, and the charges of the Constable in 
sending in the rates to the Treasurer to be allowed on the 
Publique. John Usher, Left. Govern^ 

Richard Martayne, Speaker. 
Henry Penny, Depity Secretary. 

No. 2. 

An Act concerning ye Prudentiall affairs of ye Towns in 
said Province. 

Bee it Enacted by y® Leftenant G-overnour & Counsill, 
together with the Generall Assembly, <fe it is hereby en- 
acted by y^ authority of y^ same : That it shall & maye bee 
lawfuU for y^ selectmen of each Towne w^^ in this Province, 
or the Major parte of them, w^^^ y'' approbation of one Jus- 
tice of y^ Peace, to convene y® freeholders of these Towns 
together, to consider, debate & conclude of such things as 
are neassary for y^" prudentiall affairs of there town, as 
often as they shall finde occation ; & they or the major 
parte of them soe mett, to make such orders as they shall 
finde necessary for y*' prudentiall concerns of there towns 
provided the penalty of any default made of such orders 
shall not exceed y*^ sume of twenty shillings ; k once in y^ 
yeare to meet togeather to make choice of selectmen not 
exceeding y® number of seaven, to manage y^ prudentiall 
affairs of there towns ; w^^^ s'^ Selectmen are to see that 
there towns are provided w"^ a stock of powder, w^'' shall 
bee one barrel to every fifty souldiers, and shot proportion- 
ally, with flints : And it is further enacted by y® authority 
aforesaide, that y^ freeholders soe mett shall make choice of 
meet p'sons for constables, & if y*^ p'son chosen shall re- 
fuse to serve, hee shall paye a fine y"^ sum of five pounds, 
one half to y^ use of y^ towne, & y^ freeholders shall make 
choyce of another ; as allso to make choyce of overseers 
of y® poor. Packers of porke, beefe and Mackrill, sealers 
of Leather, Cullors of Staves ; to take care tliey be pro- 
vided w"' a schoolmaster not vitious in conversation : and 
^it is further Enacted by j" authority afores'^, y' y^ select- 
men of eacli towne within this Province or y*^ major parte 
of them, w"^ a Justice of y"^ Peace, are Impowjred to make 
assessments on y^ visible Estates of j^ Inhabitants, & of 



168 PROVINCE OF NEW-HAMPSHIRE. 

p'sons according to valuation of there incomes, to clefraye 
y^ nesseary charges arising w*in there towns, & to give 
warranto unto y^ Constable for collecting y^ same & paying 
it according to order & warrant given by y'^ Selectmen w^^ 
one Justice of y^ Peace, & s*^ Selectmen are yearly to give 
an account of all money soe raysed by them to one of y^ 
Justices of y° Peace w^'' three men chosen by y^ freeholders 
as a Comitte for y* end, that there may be no damage to 

any man. 

John Usher, Left. Govern^ 
Richard Martin, Speaker. 
Henry Peny, Depity Sec^. 



An Act for Defraying the Puhlick Cliarge of the Province. 

We their Majes^^ most Loyall and dutyfuU Subjects, the 
Representatives of their Ma j*^*^' Province Convened in gen- 
erall Assembly, ' 

being sensible of the great charge & expences which 
have allready arisen and must necessarily be dayly growing 
and Increasing in defending and Securing Their Majes^' Sub- 
jects and Interest and in prosecuting of the warr against 
their french and Indian Enemies, have chearfully and unan- 
imously Given and Granted, and doe hereby Give and 
Grant unto their most Excellent Majes^^ their heirs and Suc- 
cessors, to the End and Intent aforesaid, and for defraying 
of other nesesary and contingent charges in and about the 
Support of the Government of their Majes^^ province, the 
severall duties, Imposts and Excise on the Wines, Liquors, 
Goods hereafter mentioned, and Humbly beseach their 
Majes^^ to accept the same. 

And y* maye be Enacted, and be it Enacted by the Lieut. 
Governor, Council, and Representatives, Convened i^ Gen- 
erall Assembly, 

And it is hereby Enacted and Ordained by the Authority 
of the same, that from and after the 29"' day of this Inst, 
month October, in the year of our Lord 1692, there shall be 
paid by the Inspector for all Wines and Liquors and goods 
hereafter specified, that shall be imported into this Province 
over the Sea, the Rates hereafter mentioned, to the Treas- 
urer or other Officer appointed to Receive the same ; that is 
to say, for every Butt or Pipe of fial Wine or other wines 



PROVINCE LAWS. 169 

of the Western Island, the sum of ten shillings money ; 
every Pipe of Madera wine thirteen shillings money ; cv^ry 
Butt or Pipe of Sherry, Sack, Mallego, Cannary, Masca- 
dalls, Tent and Allegant, Twenty shillings ; and for every 
hou^^^ of Brandy, Rum, or other strong distilled Liquors, 
Ten sliillings, and so proportionally for greater or Lesser 
Quantities of each particular Liquors : and the better to pre- 
vent fraud, 

' Be it further enacted, by the authority aforesaid, that if 
any Master, Mate or purser of any ships or vessell what- 
soever,' or any Merchant, factor or other person AAdiatever, 
shall brake bulk or Land any Liquors aforesaid Ijcfore he 
or they have made due entry thereof, both of the Quan- 
tities and Qualitie of such Wines or other Liquors, upon 
Oath if required, and pay such Dutties as ar Recjuired by 
this Act to the Treasurer or such other person as sliall l>e 
appointed to Collect and Receive the Customs and 'duty 
aforesaid, then and in such case all such goods as shall be 
landed without entry and Custome made and paid as afore- 
said shall be forfeitted on the Testamony of two or more 
Credible Witnesses as aforesaid. 

And it is further enacted by the Authority aforesaid, that 
all such Wines and Liquors tliat at any time or times here- 
after shall be Imported in any ship or vessell from any port 
or place whatsoever out of the Province, shall bo Landed 
and put on shore upon such Keyes and Wharfcs and plases 
as shall be appointed, as aforesaid, and at or in no other 
Port, place or time whatsoever, without a permit from the 
Treasurer or Officer appointed, under the penalty of the for- 
feiture of all such wines and Liquors as shall be Landed 
and Delivered from on board any ship or vessell Contrary 
here unto, — one third to their Majes*% oiie third to the Gov- 
ernor or Lieut. Governor, the other third part to them or 
him that shall sue or Informe for the same as abovesaid. 
. And be it further Enacted by tlie Authority aforesaid, that 
for all goods, wares and merchandizes whatsoever, tliat shall 
be Imported into this Province over the Seas after the said 
29*^ of October, 1692, (fish, sheep, wove cotton, wool and 
salt, and all sorts of provision only excepted) there shall 
be paid by the Importer or him or them to whom con- 
signed, the several Imposts and duties following. — that 
is to say, for every twenty shillings value shall be paid one 
penny in money, the valluation there of to be as followeth : 



170 PROVINCE OF NEW-HAMPSHIRE. 

that is to say, for every hundred pounds value at the place 
from whence such goods shall come to be accounted here at 
one hundred and Ten pounds, and so in proportion for 
Greater or Lesser Quantities ; and for every hog^^*^ of Mo- 
lasses four pence, and for every hog^^^ of sugar eight pence ; 
and to the end the said duties last mentioned be duly paid 
and Collected, — 

Be it further enacted by the Authority aforesaid, that 
such goods and Merchandize Imported as aforesaid into this 
province, shall by the master or purser of said ship or 
vessel as they are Imported in, or the Merchant, factors, or 
other person or persons Importers, being owners or having 
any of the Goods, Wares or Merchandizes Consigned to 
them, that by this Act are Liable to pay Impost or duty, 
such person or persons shall by themselves or Order, cause 
the said goods to be entered with and give the true and 
just value thereof, and true and perfect Invoyce unto the 
Treasurer or other Officer appointed for that i3urpose, and 
pay their duty, or secure to be paid, the same as by this Act 
is Provided, before such goods. Wares or Merchandize be 
landed or put into any boat or vessell in order to be Landed, 
on the forfeiture of Twenty Shillings Per Ton, according to 
the Burthen of the ship or vessell such Goods or Merchan- 
dizes are Imported in, — one Third to their Majes^% one third 
part to the Governor or Commander in Chiefe for the time 
being, and one third part to him or them that shall sue or 
inform for the same ; and the said Treasurer or Other Officer 
to be appointed as aforesaid are hereby Required Carefully 
and truly to Enter all such goods. Wares and Merchandizes 
with their several markes, Caske, Packes, fardells. Trusses, 
Chests, Truncks and all other things howsoever called or 
distinguished, with the name of the persons who owneth or 
to whome the Goods are sent or consigned ; and the Treas- 
urer or other Officers are hereby Required to Demand and 
Receive the severall Duties, Imposts, in this Act before 
mentioned, and in case^of the Deniall or delay of payment 
thereof as aforesaid, the said Treasurer or other Officers are 
hereby Imppwered to levy the same by distress and sale of 
the Goods and Merchandize not paying the Duties as afore- 
said, at the Rates and price in the Invoyce thereof men- 
tioned and to have and Receive Twelve pence in the pound 
over and above said duties and Imposts, for his or their time 
of labor therein. 



PROVINCE LAWS. * 171 

And it is Likewise further enacted and ordained by the 
Authority aforesaid, that every ship or Vessel! above Thirty 
Tons coming into any port or part of this province from 
over thp Sea to Trade or Trafiick, all or the Major part 
of the Owners whereof are not Actually Inhabitants of this 
Province, shall, every voyage they make, pay eighteen pence 
in money per Ton, or one pound of powder for the supply 
of their Majest^ forts and fortifications within this province, 
to be Rec'^ by the Treasurer or such other person or })ersons 
as shall be appointed to Receive the same : and it is farther 
Enacted by the Authority aforesaid, that every Merchant or 
other person Importing any wines or other Liquors into this 
province shall be allowed Twelve pr. cent for Leakage, pro- 
vided the said wines or other Liquors have not been filled up 
on board, and that every hog^^"^ of wine or Liquors that 
shall not have full seven Inches Left therein, and every Butt 
or Pipe of wine or other Liquors that shall not have nine 
inches Left therein, shall be accounted for outs, and the 
Merchants or Importers to pay no Impost or Duty for the 
same, any thing here in contained to the contrary notwith- 
standing. 

And it is further Enacted and Declared by the Authority 
aforesaid, that if all or any of the wines or Liquors as 
aforesaid be Landed and afterward be Exported out of this 
province within three months after the Importation thereof, 
there shall be Rep*^ & discounted by the Treasurer or other 
Officer appointed to Receive the said Impost, unto the Im- 
porters or their Assignees, Two Third parts of what they 
paid or secured to be paid for so much as he or they shall 
Export; — he or they making Oath to the said Officer or 
Officers, who are here by Impowered to Administer the 
same, that it is the same wine or Liquors for which the 
whole duties hath been paid or secured to be paid, and that 
it is Exported within the time Limitted as aforesaid by this 
Act, Excepting only such wines & Liquors as shall be 
Transported Into the Province of Maine out of this province, 
for which no such Impost shall be drawne back or Received 
as aforesaid, any thing here in contained to the Contrary 
thereof in any wise notwithstanding. 

And it is further hereby likewise Enacted and Ordained 
by the Authority aforesaid, that there shall be given and 
granted to their said Majestys, their heirs & successors, for 



172 PROVINCE OF NEW-HAMPSHIRE. 

the use aforesaid, Excise on all Wines and Brandy, Rum & 
other distilled Liquors, Cyder, ale & Bear, which shall be 
sould by Retaile in any Towne or place within this province 
by those that Retaile, the same in manner and forma as is 
here after expressed & Declared : That is to say, for every 
Butt or pipe of wine fifty shillings ; for every hogs^^'^ of 
Cyder, Ale or Bear, Two shillings and six pence ; all curr* 
money of this Province, and after the Rate for any Greater 
or smaller Quantities : And for the due & Orderly collect- 
ing and Receiving of excise aforesaid, 

It is further enacted by the Authority aforesaid that all 
Retainers of Rum, Brandy, Sider, Bear, Ale, within this 
Province, shall upon their purchase or Resale of all or any 
of the Liquors Before Expressed, make entry thereof with 
the Treasurer or other Officer appointed to Collect or Re- 
ceive the same, and pay the duties of excise aforesaid un- 
der penalty of forfeiture of all such Liquors as shall be 
found in any Retainer's house, not being duly entered and 
the excise thereof paid as aforesaid ; Provided also, it shall 
and may be Lawfull to and for the Treasurer or such other 
Officer appointed to collect and Receive the said excise, to 
agree with any Retaillers for his excise for one whole yeare 
in one entire sum to be paid Quarterly or otherwise, as he 
or they can agree for, without making any entrie as afore- 
said, Provided always: — 

And be it further Enacted by the Authority aforesaid, 
that no person or persons who soever shall sell any wines, 
Brandy, Rum, distilled water, Cyder, Bear, ale, or other 
Liquors by Retaille without Liceuse first had and obtained 
from one or more Justices of the Peace, which shall be held 
good and. vallid till the next quarterly session within this 
Province ; neither shall it or may it be Lawfull for any per- 
sons whatsoever to sell less Quantities of any strong water 
than two gallons, or of wine than one Quarter-Caske, at 
one time without first obtaining a License for the same un- 
der the penalty of five pounds for each default thereof, con- 
victed by tlie oath of two or in<fre substantial! wittnesses, 
all whicli penalties and forfeitures shall be one halfe there- 
of to their Majesty tlieir heirs and successors, for tlie sup- 
port of tlie government, and the otlier halfe to informer 
who shall sue for the same, and sliall be Recovered by Bill, 
plaint or Liformation in any Court of Record within this 
province. 



PROVINCE LAWS. 173 

And it is hereby Enacted and declared by the Aiitlior- 
ity aforesaid, that this present A^t, entitled an Act for 
the Establishing a Revenue for tlie defraying of tlie rublic 
charge of the Province, shall Reinain and continue in force 
for the terme of one whole year and no Longer; any thing 
herein Before contained to the contrary tliereoC in any wise 
notwithstanding. 

John UsiiEn, Ivient. Oovern'', 
Richard Mautin, r^jiealr'. 

Henry Penny, Sec'^. 

No. 4. 

An Actefor the Due Regulation of Wartes and measures. 

To y® endy* waites and measures maye be one and y^Jsame 
throughoute this province, be it enacted by y*^ Lieut. Governor 
&, Counsill, together with y"^ General Assembly, k it'is hereby 
enacted and ordained by y^ authority of the same y* y® 
treasurer of this province shall provide one set of waites 
& measures as are according to the approved Winchester 
measure, allowed in England in y® Exchequer, w^'^ shall 
be y'' pMblike allowed standard throughoute this province 
for y^ proving and sealing all waites k measures thereby ; 
& y Constables of every town w*'^ in this province not 
already supplied, shall w"^ in three months next comming 
provide, upon y® towne charge, one bushell, one half bush- 
ell, one peck, one halfe peck, one ale quarte, one wine 
pint & halfe pointe, one ell yard, one sett of brass waites 
to foure pounds after sixteene Ounces to y® pound, w*^ fitt 
scales and steale beame tried & proved by the aforesaid 
standard & sealed by y^ treasurer or his Deputy in his pres- 
ents, w^^' shall be kept & used only for standards in y*' sev- 
erall townes, who is hereby authorized to doe y'' same, for 
w*'^^ he shall Res've from y® constable of eatch towne two 
pence for every weight & measure soe tryed, proved and 
sealed ; & y^ Constable of every towne shall commit these 
weights & measures unto the Custody of the select men of 
their towne for the time being, who w^^ the Constable are 
hereby Injoyned to choise one able man for sealers of all 
waites and measures for there one [own] towne, from time 
to time, untill another be chosen who shall be presented 
unto the next Courte or some Justice of the pease, there to 
be sworne to y® faithfull discharge of his dewty, and shall 
have power to send forth his warrants by y^ Constables to 



174 PROVINCE OF NEW-HAMPSHIRE. 

all the Inhabitants of eatch towne to bring in all such waites 
& measures as they make any use of, in y^ month of Aprill, 
frome yeare to yeare, at such time and places as he shall 
appointe, and make returne to the sealer in writing, of all 
persons so summoned, y* then and there all sutch waites 
and measures maye be proved & sealed w^^ y*^ towne scale, 
w^^^ is likewise to be provided by the Constable, towne's 
charge, who shall have for every waite & measure soe sealed 
one penny from the owners thereof, at y^ first sealing, & all 
sutcli waites & measures as cannot be brought to there head 
standard hee shall deface & distroye,and after the first seal- 
ing shall have nothing for soe long as they continue juste 
with the Standard : 

And it is enacted that if any Constable, Selectmen or 
Sealer, Doe not Dare execute this Law, soe far as to each 
and every of theme appertaines, they and each of them 
shall forfit for every neglecte the space of one month, y® 
some of forty shills., y^ one halfe to y*^ Informer, y*^ other 
halfe to y® Pore of y® towne where such Defaulte is found ; 
and every person neglecting to bring in there waites and 
measures at the time and place appoynted, being Duly 
warned thereto, shall likewise forfeit three shills. four 
pence, y"" one halfe thereof to use of the pore aforesaid, the 
other halfe to y*' sealer ; and the penalties herein men- 
tioned to be Levied by distress by warrants from any Jus- 
tice of the peace. 

And it is further enacted that every seaporte Towne 
w^^in this province, the Constable or Constables are to pro- 
vide Liquesie upon the towne charge, one hundred weight 
made of iron to be tryed, proved & sealed as aforesaid, & 
one halfe hundred & one quarter of one hundred, & one 
fourteen Pound weight made of Iron, to be proved & sealed 
as aforesaid, & to be kept as Standards in y*^ s'^ severall 
Townes to be used as before for other waites & measures 
as is directed. 

And it is further enacted that all stillyards y* are or shall 
be approved of by the Standard shall be allowed of in any 
or all y'' townes in saide province & in the Liberty of boath 
bycr and seller to waigli by which they please. 

John Usher, Leftinante Governour, 
Richard Martin, Speaker 

Henry Penny, Deputy Secretary. 



PROVINCE LAWS. 175 

No. 5. 

An Act for Allowance made to the Representatives. 
h4 Whereas, the several Representatives of the Assembly 
w cannot officiate and discharge that Hono^^^*^ and Great 
^ Truste Reposed in them without being at great charges 
g and expence ; 

^ Be it Enacted by the Lieut. Governor, Council and 
§ Representatives Convened in Generall Assembly, 
f^ And it is hereby Enacted and ordained by the author- 
ity of the same, that the allowance to Each Representatives 
of the people shall be Three Shillings p. Diem, commenced 
from the Coming out untill their Returne home, allowing 
one day for coming out and one day for their Returne 
home, to be paid out of the Rates made in the Severall 
Townes in the province for defraying Towne charges. 

John Usher, Lieut. Gov% 
Richard Martyn, Speak. 
Henry Penny, Dep* Sec^ 

Past by the Assembly. 

Elias Stileman, p. ord^ 

No. 6. 
An Act against Shipping of Horses without Entring. 

Be it Enacted, by the Lieut. Governor, Councill and 
Representatives convened in Generall Asseml3ly, 

And it is hereby Enacted and ordained by the Authority 
of the same, That from and after the Twenty ninth of this 
Inst. October, no masf or Command'^ of any Ships or ves- 
sell shall Receive on Board his Ship or vessell in this prov- 
ince of New Hampshire, any horse. Gilding or Maire but 
such as shall be entred into a Booke with the Couller, per- 
tickular Markes, & age as near as may be knowne, and 
person from whome such was Last bought and proofe by 
wittness he was the true owner thereof, to be kept in a 
booke by an officer appointed thereunto, which officer is 
hereby authorized to view all such as shall be shipt ; and 
for every horse, maire or Gilding so entered, there shall be 
paid to the said officer by the Owner of said horse, the 
sum of six pence ; Each and every Commander or mas- 
ter of any vessell who shall take on Board any other 
horse, maire or Gilding, except such as he shall Receive a 
noat under the hand of the said officer so to be Entered as 



176 PROVINCE OF NEW HAMPSHIRE. 

aforesaid, shall foriitt the sum of four pounds, to be dis- 
posed one lialfe to the Informer the other halfe to their 
Majest^ for the use of the provmce. 

John Usher, Lieut. Governor, 
Richard Martyn, Speaker. 

No. 7. 
An Acts againste Law Sutes above twenty pounds. 

Be it -enacted, &c.,* whereas their Majesties' subjects In- 
habiting this Province have for a long time, w*^ the ex- 
pence of lives & Estates stood upon there own defence 
against Majestyes' french & Indian enemies to there greate 
Impoverishment and almost utter undoeing, & have no 
prospect for y*^ future of defending there Majesties' Interest 
here w*^ oute greatest expence & hazard, soe y* w%ut 
outemost incoragment of being preserved from disturbans 
in there Rights & prosperities will be induced at laste to 
quitt all to there Majestyes' enemies ; for prevention whereof, 

Be it enacted, that no Royall action or writ of ejectment 
for y® posesion or title of any Lands, nor any personal action 
or sute where the value sewed for exceed the som of twenty 
pounds, be prosecuted by any person or persons in any 
Courte w*Mn this province for the time & space of two 
yeares following from & after y^ twenty ninth day of Octo- 
ber, 1692, and soe long after as this war shall Continue ; 
but that this act shall be a bar thereto, & all persons shall 
& are hereby preserved & continued in there Rights, pros- 
perities & possessions, and hooesoever shall trespas upon 
the same shall paye the damage accuring thereby. 

John Usher, Leftinante Governour, 
Richard Martin, Speaker. 

Henery Penny, Deputy Secretary. 

No. 8. 
An Act for the regulating of Cattle^ Cornfields and Fences. 
Bee it enacted, &c., that in all common fields under im- 
provement, every party interested shall from time to time 
make good liis part of fence, and the owner or owners of 
the Major parte of such fields shall order and limit the 
proportion of Cattle that shall be put to feed thereon, an- 

* The usual formula, "by the Lieut. Governor, Council," &c., is hereafter omitted. 



PROVINCE LAWS. 177 

niially, the time when, and manner of Improvement thereof, 
which is to be observed by all persons Interrested therein, 
on paine to answer all damage that shall come thereby ; and 
where land have formerly been Improved in Common, any 
one owner of such lands be minded to improve his j)arte in 
several, if there be no agreement binding to the contrary,- 
the owner of the land next adjoining him shall bare the 
one halfe of the Charge of the fence againste him who 
shall im])rove in severall ; but where lands lye in Common 
unfenced, if an owner shall improve his parte by fencing 
in severall, and the other shall not, hee who shall so im- 
prove shall secure his lands against other men's Cattle, and 
shall not Compell him that joyneth upon him to make any 
fence witli him, except he also shall improve in severall as 
the other doth ; & where one man shall Improve before his 
Neihbor & so make the whole fence, if, after, his s*^ neih- 
bor shall also Improve, he shall then satisfye for halfe the 
other's fence against him, according to y^ present valeu & 
shall maintaine y^ Same, & if y® first Improver shall after 
lay open his s'^ field, then the s*^ neihbor shall enjoye his s^ 
halfe fence to his own use, purchased as afores*^, & shall 
also have liberty to bye the other halfe fence, paying accord- 
ing to present valuation to be made by two men indiffer- 
ently chosen by either party : And it is further enacted, by 
the authority afores*^, that the Selectmen or Towne men 
shall, from year to year, appoint two or more in each 
Towne (if need Required), and to take all due notice of 
the reall defects & Insufficiency thereof, who shall forth 
with acquaint the own^'^ thereof with the same ; and if the 
said owners do not within six days time, or otherwise as 
the viewers shall appoint, sufficiently Repaire their said 
defective fence, then the said viewers shall forthwith Re- 
paire or Renew them, and shall have double recompence 
for all their cost, labour and care, to be paid by the owner 
of such insufficient fence or fences ; and shall, by warrant 
from any Justice of the peace levy the same, either upon 
the Corne or other goods of the delinquent ; and the said 
fence viewers shall twice every year view fences, and such 
as they returne sufficient shall be accounted good for three 
months after, unless proofe be made that it is Impaired •; 
and such fence as is accounted sufficient against other Cat- 
tle shall also be accounted good against sheep and swine ; 
and the owners to be Liable to satisfie damage done by 
12 



178 PROVINCE OF NEW HAMPSHIRE. 

them : And it is further enacted, That all unruly horses 
or other unruly Cattle, having been so judged by the select- 
men, shall be liable to pay double damage. It is also enact- 
ed^ by the authority aforesaid, That there be one sufficient 
Pound or more made and maintained in every Towne within 
this Province, for the Impounding Swine or Cattle found 
damage feasant. John Usher, Leut. Govern"^, 

EiCHARD Martyn, Speaker. 
Henrt Penny, Dep. Sec^'. 

No. 9. 

An Act for Settling the Militia. 

Whereas the present State and Condition of the Province 
doth of necessity Require that the Inhabitants thereof 
should be well Armed and Trained up in art Military, as 
well for the Honour and Service of their most excellent 
Majestys, as for the preservation of their owne Lives and 
fortunes : 

Be it therefore Enacted, <fcc., That no male person what- 
soever, from the age of sixteen year old and upward, 
Remaine unlisted by themselves or Masters, Mistriss or 
Imployers under the Captain of their Respective places of 
their abode, the space of one Callender month after their 
arrivall on coming to reside or sojourn in any place within 
this province, on penalty of twenty shillings, and so for 
every month such person or persons shall Remain un- 
listed ; and that every soldier shall be provided with a 
well fixed gun or fussee, Sword or Ilatcliett, Snapsack, 
Courtouchbox, home, charger and flints, w^^^ six charges of 
powder, and so shall appear when and where appointed, 
upon penalty of five shillings for his default in not appear- 
ing, and three shillings for want of any of the aforesaid 
Gun, armes or ammunition above mentioned, so as the 
whole penalty at one time exceed not for one person ten 
shillings ; and thatevery souldier shall have at his habitation 
and aboade one pound of good powder and Twenty sizable 
Bullets, on penalty of ten shillings for each default, and 
that each person shall bring the same into the field when 
Commanded on the like penalty of ten shillings, so as the 
Whole penalty for one person at one time exceed not fifteen 
shillings. 
And it is further enacted by the Authority aforesaid, that 



PROVINCE LAWS. 179 

it shall and may bo Lawfull for any person or persons that 
by Reason of urgent Occasion or other Emergencie cannot 
appear upon the Guard or watches, to put a well armed 
man in their Roome, who if approved of by the Captaine 
of the Guard shall excuse his or^ their absence ; and all 
persons Listed as aforesaid under their Respective Captaine 
in the several places of their abode, shall redeyly attend 
and serve on watches and wards when appointed, under the 
penalty of three shillings for each default ; and In case any 
person be not able to provide himself amies and ammuni- 
tion as aforesaid, through poverty, if he be single he shall 
be put to service by any Justice of the Peace within this 
Province, to procure him estate to purchase such amies and 
ammunition as aforesaid, and that his or their master or 
mistriss shall find and provide armes and ammunition du- 
ring his service. 

And it is also further Enacted by the authority aforesaid, 
that no person whatsoever presume to fire any small arms 
after eight of the clock at night, unless in case of alarm. 
Insurrection or other Lawfull occasion, and in either of y"^ 
said cases Three musketts or small armes distinkly fired, 
or where Great Guns are the firing of one great Gun & 
Two musketts or small armes distinkly, & Beat of drum, 
shall be taken for an alarm ; & that every person that shall 
neglect his duty in taking and giving (as aforesaid) an 
alarm by firing, as -aforesaid, shall be fined forty shillings, 
and in case of sucli an alarm every soldier is imediately to 
repaire armed to his Coullers or Court of Guard upon the 
penalty of five pounds. 

And it is hereby likewise further enacted by the author- 
ity aforesaid, that the commission officers in each Respec- 
tive Towno within this province shall be a committee of 
Militia for ordering the military affairs of the Towne, for 
the settlement of Gerrisons and appointing the several 
Inhaljitants there to their Respective places and Garrisons, 
and Ordering, watching, warding and scouting, prohibiting 
firing of guns by day as they shall see occasion ; and the 
several Inhabitants are hereby Required to yield due obe- 
dience to the orders of the said Committee on penalty of 
fine not exceeding Twenty shillings, or Riding the wooden 
horse, or other Millitary Corporall punishment to be inflicted 
upon the offenders at the c^screasion of the Committee. 

And it is further enacted and declared by the authority 



180 PROVINCE OF NEW-HAMPSHIRE. 

aforesaid, that all fines & forfeitures mentioned in this act 
and not otherwise to be disposed of shall be Leveyed by dis- 
tress and sale of the offender's goods, by the Captain's War- 
rant for that purpose, to be granted to the Clarke of such 
company, to be Improved and Laid out for the use of the 
Company to defray the*publick charge thereof. 

And it is further Enacted by the authority aforesaid, that 
all Captaines and other Commission officers are hereby re- 
quired to yield reddey and due obedience to all orders and 
warrants they shall from time to time Receive from the 
Governor, Lieut. Governor or Commander in Chiefe for the 
time being, or Major of the Regiment, on penalty of five 
pounds for every neglect or default, to be Leveyed by dis- 
tress and sale of the offender's Goods by warrants from the 
Major to the Sheriff of the province, one half thereof to 
be to the use of o^ Sover"^ Lord & Lady King William & 
Queen Mary, their heirs and Successors, and the other 
half to him or them that shall inform for the same. 

And it is further Enacted and ordained by the Authority 
aforesaid, that no person so Listed as aforesaid during this 
present warr shall depart thence without a discharge from 
the committee of the Town first had where such a person is 
an Inhabitant of and obtained, or in case of their deniall, 
from the Governor or Commander in Chief for the time 
being, on penalty of Twenty pounds to be Leveyed by dis- 
tress & sale of the offender's Goods by warrant from any 
two Justices of peace within this province to the sherriff, 
who shall be Impowered to grant forth such Warrants upon 
Complaint to them made for that purpose, and to adminis- 
ter an oath if occasion Require, which said fine of Twenty 
pounds, when Leveyed as aforesaid, shall be Improved to 
the use of the Towne from whom such person shall so de- 
parte as aforesaid, at the discretion of the Justice. 

And it is further Enacted & declared by the authority 
aforesaid, that all drummers now in service, and that here- 
after shall by the several Captains be put into that service 
during the Capts. pleasure, shall be allowed and Receive 
Twenty shillings pr. Annum if they finde their own drums, 
or tenn shillings pr. annum if the Capts. find their drums ; 
and that no person y* now is Listed in any company, or 
hereafter shall be so Listed and appointed to that service, 
shall Refuse the same upon penalty of Twenty shillings to 
be Leveyed by distress and sale»of the offender's Goods by 



PROVINCE LAWS. 181 

the Captaine of such Company, to be disposed of for de- 
fraying the publick charge thereof; and in case such Capt. 
shall lind a drum for the use of the company he shall de- 
duct the price thereof out of the fines. 

And it is hereby Enacted and ordained by the authority 
aforesaid, that all and every person & persons that here- 
after shall be detached or Imprest out of any of the Com- 
panyes with in this province for their majest^ service by 
their superior officer, or by warrant from the Governor or 
Commander in Chief for the time being, or the Maj. of the 
Regiment, shall appear and attend such service at the 
time and place to be appointed on penalty of four pounds, 
to be Leveyed as aforesaid and disposed of to the use and 
Incouragement of such as shall goe in the service above 
mentioned ; and if the refusal of such person or persons 
offending be accompanied with contempt, such person or 
persons shall be Punished with death or some other greiv- 
ous punishment, as the matter may Require, at the discre- 
tion of a Court martiall ; and for j^ better releife and de- 
fence of any of the Townes & Garrisons with in this prov- 
ince that shall be attacked by the enemie. 

It is hereby Enacted by the authority aforesaid, that 
each Capt. within this Province are hereby authorized and 
commanded to List or detach so many of his men not ex- 
ceeding one third of his company — Provided always that 
there be not Less than five men Left in each Garrison — 
which men so Listed or detached shall be reddey upon the 
first advise of the enemie's attackc of any Towne or Gar- 
rison, by order of the chief officer of the Towne, forth with 
to march, under such Conduct the said chief officer of the 
Towne shall appoint, to the Reliefe of any Towne or Gar- 
rison soe attacked, and not to waite any further orders of 
any Superior Authority for their march. Least the time of 
doeing service should be elapsed ; and in case any person 
or persons so listed or detached as aforesaid shall refuse 
or neglect, upon notice given, such March or attenddance 
upon such service, shall pay a fine not exceeding forty 
shillings, to be disposed of as Last above mentioned, or be" 
punished with such corporal millitary punishment, at the 
discretion of the Capt. or chief officer of the towne : and 
for prevention of advantages or encouragement to y^ 
enemie during this present Warr, 



182 PROVINCE OF NEW-HAMPSHIRE. 

It is hereby enacted and ordained by the authority afore- 
said, that no Indian corn be stored or left at any Eemote 
ungarrisoned houses or places, but all brought within com- 
mand of some garrison or garrisons, on penalty of paying 
five shillings a day by the owner of the said corn, for every 
day such corn shall so remain stored or left at any remote 
ungarrisoned house or place, after the notice thereof given 
to such owners by one of the Committee of Militia of the 
Towne whereto such owners doth or may be long, such 
penalty to be Leveyed by distress & sale of the offender's 
goods, by warrant from the committee of millitia to be dis- 
posed of by them for the use of the Garrison such onend- 
ers shall belong unto. 

And be it further enacted by the authority aforesaid, that 
in case of the enemie's attack of o^ neighbours In the 
county of Yorke in the province of the Massachusetts Bay, 
It shall and may be in the power of the present Lieut. 
Governor, with the advise and consent of the Counciil, to 
Raise and detach men in the most Convenient part of this 
province, and to order their March unto the said county of 
Yorke for the Reliefe and assistance of their Majesty's sub- 
jects there: Provided always, 

3.-g. And it is hereby further enacted and declared by the 
authority aforesaid, that nothing in this act contained shall 
be expounded, construed or understood to deminish, alter 
or abridge the power of the Governor, Lieut. Governor or 
Commander in Chiefe for the time being, but that in all 
things and upon all occasions he or they may act as fully 
and freely as any Governor, Lieut. Governor or Com- 
mander in Ciiiefe ought or might do, to all Intents and 
purposes as if this act had never ben made ; any thing in 
this act contained to the Contrary not with standing : Pro- 
vided, 

And it is h.crcby enacted and declared by the authority 
aforesaid, that all the members of their majest^ Council, 
Justices of the peace, sheriffs, ministers, Treasurer of their 
• Majest^ Revenue, Collect'^ or dept. Collector, Sercher or 
Surveighors of their majestys Customs, School master's and 
Chyrurgeons shall be freed from being listed in any Com- 
pany within this province and from all watcliing and ward- 



PROVINCE LAWS. 183 

ing or other military duty, any thing therein before con- 
tained to the Contrary m any wise notwithstanding. 

John Usher, Lieut. Governor, 
ItiCHARU Martyn, Speaker. 
Henry Penny, Dep* Sec^ 

No. 10. 

An Act for the Estahlisliing of Courts of Judicature for the 
use and Benefit of their Majestys Subjects within this 
Province, 

Wliereas the Orderly Regulation and 
Establishment of Courts of Judica- 
ture Throughout this Province, as 
well in Respect of time as place, 
Doth tend very much to the Honor 
and dignity of The Crowne as to the 
Care and Benefitt of the subjects : 
Be it Enacted by the Lieut. Governor, Council and Rep- 
resentatives Convened in Generall Assembly, And it is 
hereby Enacted and ordained by the Authority of the same. 
That every Justice of the Peace that Resides within any 
Town witliin this Province are here by fully Impowered 
and Authorized to have cognizance of all causes, cases of 
debt and Trespasses to the value of forty shillings or under, 
which causes and cases* shall be heard, tryed and finally 
determined without a Jury by every Justice of the peace 
that Resides within any Town within this Province where 
the cause of Action doth arise ; the presses of warning 
shall be a summons under y*^ hand of the Justice, directed 
to the Constable of the Towne or precincts, or any deputed 
by him, where the party complained against doth Live, 
which summons being personally served or left at the de- 
fendant's house. Two days before the day of hearing of the 
plaint, shall be sufficient Authority to and for said Justice 
as aforesaid, to proceed on such cause or cases and deter- 
mine the same in the defendant's absence ; and to grant 
Execution thereon against the defendant's person, or for 
want thereof his estate, which the said Constable of the 
Towne or Precincts, or his Deputy, shall or may serve : — 
Provided always, 

And Be it further Enacted, by the Authority aforesaid, 
that if the plaintiff or defendant shall desire a Jury, it shall 



184 PROVINCE OF NEW-HAMPSHIRE. 

be allowed, But at the proper coste & charges of the per- 
son desirmg the same : And for the Increse of virtue and 
the discouraging of evill doers throughout this Province, * 

Be it further Enacted by the Authority aforesaid, That 
there shall be held and kept yearly and every year four 
Quarterly courts of Sessions of the peace within this Prov- 
ince, at the dayes & times here after named and expressed, 
that is to say, on y^ first Tuesday in March, June, Septem- 
ber & December At Portsm'', which courts of sessions of 
the peace shall continue for the space and time of Two 
dayes and no Longer ; and for the more Regular and Ben- 
ficiall distribution of Justice to the Inhabitants of this 
Province, 

Be it further Enacted by the Authority aforesaid. That 
there be kept and held a court of common pleas within this 
province at the time and place hereafter named & expressed, 
that is to say at such place as the Court of sessions are to 
be kept, and to begin the next day after the sessions termi- 
nate, and only held and continued for the space and time 
of three dayes and no Longer, and that there be one Judge 
and three Justices appointed and commissionated to hold 
the same Court of please, three whereof to be Quorum, 
and that the severall and Respective Courts hereby estab- 
lished Shall have Jurisdiction to hear, try and finally de- 
termine all actions and causes of actions, and all matters 
and things and causes Tryable at the Common Law, of what 
kind or nature soever, not Exceeding Twenty pounds, and 
where Titles of Land is not concerned : Provided alwayes. 

And it is hereby Enacted by the Authority aforesaid, 
That there shall be an Appeale or Removall by Habeas Cor- 
pus of any person or of any action or suit or of any Judgxj- 
ment or Execution that shall be determined in this Court, 
at the next supream Court of Judicature, to which said 
Courts of Common pleas there shall belong ; & be appointed 
and commissionated for that purpose, one Clarke of the 
Court to draw, enter and keep the Records, declarations, 
Pleas and Judgments there to be had and made ; & for the 
more Orderly proceeding in the said courts, all process and 
writts of what nature soever for the command of ])ersons to 
appear and Execute the Judgements, Executions of the 
courts aforesaid, shall be directed to the sherrifle of this 
province and executed by him, his under sheriffe or deputy, 



PROVINCE LAWS. 185 

and all proscss and Writts for actions betwixt party and 
party in the said court shall issue out of the Office of the 
Clarke of the court signed pr. curiam ; and that tlieire Maj- 
esties' Subjects Inhabitting within this Province may have 
all the Good, proper, and Just wayes and means for the 
securing and Recovering their Just Rights and demands 
within the same, 

Be it further Enacted, & it is hereby Enacted and Or- 
dained by the Authority aforesaid, that there shall be held 
and kept a Supreame Court of Judicature which shall be duly 
and constantly kept at Portsmouth and not Elsewhere, at 
the severall times here after mentioned, and that there be 
four Justices at the Least appointed and commissionated to 
hold the same Courts, Two whereof with the Chiefe Justice 
to be a Quorum ; which Supream Court are hereby fully Im- 
powered and Authorized to have cognizance of all pleas 
civill, criminall and Mixed, as fully & amply to all Intents 
and purposes whatsoever as the court of king's Bench, 
Common pleas, and Exclieq'^ within their Majesties' king- 
dom of England have or ought to have, in and to which 
Supream Court all and every person and persons what- 
soever shall or may, if they shall so see meat, commence or 
Remove any actions or suit, or shall or may by warrant, 
writt of error, or Certiorori, Remove out of the courts of 
session and common pleas any Judgements, Information, 
Indictments, there had and depending, and may correct er- 
rors in Judgement if there be just cause ; — alwayes pro- 
vided. 

And be it further Enacted by the Authority aforesaid, that 
this supreme court shall be constantly and duly kept and 
held at Portsmouth aforesaid on the last Tuesday in April 
and October yearly and every year, Provided also that they 
shall not sit longer y" six dayes. 

And Be it further Enacted by the Authority aforesaid, 
That it shall not be Lawfull for any person or persons what- 
soever, appointed. Elected or commissionated to be a Justice 
or Judge of the aforesaid Courts, to Execute or Officiate his 
or their s'^ place or office untill such time as he or they shall 
Respectively take the Oaths ap}X)inted by Act of Parliament 
to be taken Instead of the Oaths of Allegiance & Suprema- 
cie, and subscribe the test in open court. 

And Be it further Enacted By the Authority aforesaid, 



183 PHOYINCE OF NEW-HAMPSHIRE. 

that all and every the Justices and Judges of the severall 
courts before mentioned, be and are hereby sufficiently Im- 
powered to make, order and establish all such Rules and 
orders for the more orderly practising and proceeding in 
their said Courts, as fully and Amply to all Intents and 
purposes what soever, as all or any of the Judges of the 
said severall courts of King's Bench, Common pleas, Ex- 
cheq% in England, Legally do : provided alwayes. 

And Be it further Enacted by the Authority aforesaid, 
That no person's Right of property shall be by any of the 
aforesaid courts determined. Except where matters of fact 
are either acknowledged by the parties, or Judgement be 
acknowledged or passeth by the defendant's fault for want 
of plea or answer, unless the fault be found by the Verdict 
of Twelve men of the neighborhood, as it ought of Right 
to be by the Law. 

And it is hereby Enacted by the Authority aforesaid, 
That there shall be a court of Chancery within this province, 
which said court shall have power to hear and determine 
all matters of Equity, and shall be acco"ed and Esteemed 
the high court of Chancery of this Province : — 

And be it further ■ Enacted by the Authority aforesaid, 
that the Governor and councill be the said high court of 
Chancery and hold & keep the said court, and y^ the Gov- 
ernor may depute, nominate and appoint in his stead a 
Chancellor, and be assisted with such others persons of the 
Council as shall by him be thought fitt and Convenient, 
together with all nessesary officers, clerke & Registers as to 
the said high court of Chancery are need full ; — Provided 
alwayes, 

•And it is hereby further Enacted by the authority afore- 
said, that any freeliolder. Planter, Lihabitant or sojourner 
within this province, may have Liberty, if he or they see 
meet, to make his or theire appeal or appeals from any 
Judgement obtained by him or them against him or them 
in case of error in the severall Courts aforesaid, in such 
manner and forme as is hereafter expressed, that is to say, 
from the Courts of Common pleas to the Supream Court 
for any Judgement not exceeding Twenty pound, & from 
the Supream Court to the Governor and Council for any 
decree of Judgment above the value of fifty pounds ; and 
from tlie Governor and Council to their Majesties in Coun- 
cil for any decree or Judgement above the value of one 



PROVINCE LAWS. 187 

liimdrGcl Pounds Sterling, as in their maj"*"' Letters Pat- 
tents to the Governor Doth direct. 

John Usher, Lieut. Govern^ 
Richard Martyn, Speak'. 
Henry Penny, Sec''. 

No. 11. 
A}i Act for Killing of Wolves. 
Be it enacted, &c., That whosoever sliall at any timq, 
hereafter kill or destroy any growne Wolfe in any Town 
within this Province, he shall be paid and allowed at the 
publick charge of the said Towne, the sum of twenty shil- 
lings pr head ; and for a wolfe's whelp half so much ; and 
that the same be raised by the selectmen in each Respective 
Towne with other Town charges, and duly paid and satis- 
fied accordingly. John Usher, Lt. Gover% 

Richard Martyn, Speak^ 

No. 12. 

An Aot to prevent the P rophanation of the Lord's Bay. 

Be it enacted, &c., That whosoever shall on the Lord's 
day be found to do any unnecessary Servile Labour, Trav- 
ell, Sports, or frequent ordinaries in time of public worship, 
or Idely stragle abroad. The person soe offending shall pay 
a fine of tQw shillings or be Sett in the Stocks an hower : 
And for discovery of such offenders. It is hereby ordered 
that the Constable doe require what person or persons he 
shall see meete in time of Public Worship, to go forth to 
any suspected place within their Precincts to iinde out any 
offenders as above ; And when found to secure him & as 
soon as possible to carry him before some Justice of Peace 
who shall deale with him according to Law. And who so- 
ever shall refuse to obey the Constable in attending him 
about this act shall pay a fine of forty shillings to the use 
of their Majes*'"^'. John Usher, 

John Gillman. 
Tho. Davis, Secr^. 

No. 13. 

An Atldition to a late Act, Untitled An Act to compell 
Constables to doe their duty in Collecting Rates. 

Bee it enacted, &c.. That where Constables are negligent 
in collecting and paying in the Rates legally committed to 



188 PROVINCE OF NEW-HAMPSHIRE. 

them, that then the warrant for distraining upon their Es- 
tates according to former Act shall alsoe be to apprehend 
and imprison their person, where noe Estate appears, untill 
they finde Estate to answer the Law : And it is hereby 
further enacted, by the authority afores*^, That if any per- 
son or persons neglect or refuse the payment of their res- 
pective Rates after demand made by the Constable at their 
house or usual place of abode, and noe Estate appears 
whereon to take distresse, then it shall be in the power of 
the Constable, by warrant from a Justice of peace, to ap- 
prehend and Imprison such person until said Rates and all 
necessary charges thereabout be paid. And in case any 
person shall remove out of the Towne where he is rated, 
into any other Towne within this Province, before said rate 
is paid, then, and in such case, the next Justice of peace 
shall direct a warrant to the Sheriffe for levying the said 
rate on the estate, or for want thereof on the person soe 
removing, wherever he is to be found within this Province. 

John Usher, Lt. Govern"", 
Thos. Davis, Sec^. John Gillman, Speaker. 

No. 14. 
An Act for raising of money for snjiporte of the Govern- 
ment^ in repairing Fortifications ^^ for re-imhuT8i7}g of the 
Treasury. 

Wee their Majesties most loyal and dutyfull subjects, the 
Representatives of this their Majesties Province, Convened 
in Gen'^ Assembly, being sensible of the great charge & 
Expense w^^ hath all ready bin expended, and will be dayly 
growing and increasing, in Defending & securing the Fron- 
tier Garrisons both by Sea & Land, againstt their Majesties 
French and Indidn Enemies, have cheerfully & unanimously 
given & granted, and doe hereby give and grant unto their 
Most Excelent Maj"^^, their Heirs & successors, to the end 
& intent aforesaid, y^ sume of two hundred pounds ; and 
humbly beseech their Maj"^^ to accept the Same. 

Be it therefore enacted, etc., That a rate of two hundred 
Pounds be forthwith made on all persons and Estates, Rcall 
& Persouall, throughout this Province, w^ out exception of 
any persons but ministers, according as it is hereafter pro- 
portioned to each place ; viz.. The proportion of Ports- 
mouth and New Castle to this rate, is seventy pounds ; the 



PROVINCE LAWS. 189 

Proportion of Hampton to this rate is sixty pounds ; the 
Proportion of Dover is to this rate thirty pounds ; the 
Proportion of Exeter to this rate is thirty three pounds, 
6s. 8d. ; And that y^ Treasurer doe forthwith send forth^ 
his warrants to y*" selectmen of each place for y*" making of 
y® said rate and assessm^ according to this proportion, And 
y® rate to he made hy the selectmen & Commission'"'' accord- 
ing to valuation of Estates, and all other methods settled 
thereabouts, by an Act of Assembly made in y'^ fourth year 
of their Maj"' Reigne, for making & collecting a Province 
Rate; And y^ rate & assessment soe made, to be forthwith 
committed to y® respective constables, with w^arrants to ool- 
lect & transmitt the same to y'^ Treasurer for y^ time being, 
on or before y^ last day of September next ensuing y"" pub- 
lication hereof, wdio is to pay the charge of transportation, 
out of y^ Publique Treasure ; and whosoever pays not ready 
money, have liberty of paying in any of y*' species at y® 
price in y^ last Province rate mentioned : Provided that 
they pay after the rate of three shillings for two shillings 
mentioned in y® Rate, soe as to brin all to money ; Provid- 
ed also, y* it be in y° power of the selectmen, where any 
persons are aged, decrepid or soe indigent y* they are un- 
capable of paying any thing, to favour such in y'' Rates. 

John Usher, 
Thos. Davis, Secretary. John Gillman. 

No. 15. 

An Act for Maintenance and Supply of the 3Iinistry witliin 
this Province. 

Be it enacted, &c.. That it shall and may be Lawful for 
the freeholders of every respective Towne Convened in 
publick Towne meeting as often as they shall see occasion, 
to make choice of and by themselves or any other person 
or persons by them appointed, to agree wdtli a Minister or 
Ministers for the supply of the Towne, And what Annuall 
Salary shall be allowed him ; and the minister so made 
choice of and agreed with shall be accounted the settled 
minister of the Towne ; And the Selectmen then, for the 
time being, shall make Rates and Assessments upon the 
Inhabitants of the Towne for y^ payment of the Minister's 
Sallery as aforesaid, in such manner and forme as they 
doe for defraying of other Towne charges, which Rates by 



190 PROVINCE OF NEW-HAMPSHIRE. 

warrant from a Justice of Peace, with tlie Selectmen, 
to the Constai'le or Constables of the Towne, shall be by 
hmi or them collected and paid according to^the direccion 
of the Selectmen, for j^ end aforesaid, Provided always. 
That this Act do not at all interfeere with their Majesties' 
grace and favor in allowhig their Subjects liberty of Con- 
science ; nor shall any person under pretence of being of 
a different persuasion be excused from paying toward the 
support of the settled Minister or Ministers of the Towne, 
but only such as are conscientiously so anjl constantly 
attend the pnlilick worship of God on the Lord's day ac- 
coi*ding to their owne persuasion, and they only shall be 
excused from paying towards the support cf the ministry 
of the Towne. 

And it is hereby further enacted and ordained, that for 
the building and repairing of meeting houses, ministers' 
houses, shoolhouses, and allowing a sallary to a shool mas- 
ter in each Towne within this Province, the Selectmen in 
the respective Towns shall raise money by an equal Rate 
and assessment upon the Inhabitants, in y'' same manner 
as is in this present act directed for the maintenance of 
the minister. And every towne within this province, Dover 
only excepted during the warr, shall from & after the pub- 
lication hereof provide a schoolmaster for the supply of 
the Towne, on penalty of Ten pounds per annum for neg- 
lect thereof, to be paid one halfe to their Majes^% the other 
halfe to the poore of the Towne. 

John Usher, 
John Gillman. 

Thos. Davis, Secry. 

No. 16. 
An Act for Setling a Post Office ivithin this- province. 
Whereas Thomas Neal, Esq., for himself his Execu', 
Adm'^'' and Assignes, has obtained from their most Excel- 
lent Majest^ full power and authority by Letters Pattents 
under the great seal of England, bearing date the seven- 
teenth day of Felu'uary, 1691, to erect, settle and establish 
within their said Majest^ colonies and Plantations in Amer- 
ica, an office or offices for the receiving & dispatching of 
Letters and Packquetts according to direction, under such 
Rates and Sums of money as the Planters shall agree to 



PROVINCE LAWS. 191 

give, and forasmuch as application lias 1)G8u made to the 
Lieut. Govcruor aud Couucill for cucouragment in this 
affaire : 

Bee it therefore enacted, &c., That a Post Office aud 
Officer be henceforth appointed and settled in some con- 
venient place within the Towne of Portsmouth for receiv- 
ing and dispatching away, according to direction, all 
Letters and Pacquetts that shall be brought there into, 
And no person or persons what soever shall presume to 
carry or rocarry any Letter or Letters for hire, but only 
such as ])elong to the Post Office, deriving their power and 
Authority from the aforesaid Thomas Ncal, except such 
Letters of Merchants & Masters which shall be sent by any 
Mast"^ of any ship, boat or other Yessell of Merchandize, or 
by any other person employed by them for the carriage of 
such Letters aforesaid, according to the respective direc- 
tion, and alsoe except Letters to be sent by any private 
friend or friends in their way of Journey or Travel, or by 
any messenger or messengers sent on purpose for or con- 
cerning the private affaires of any person or persons ; And 
whoever offends against this Act shall forfeit the sume of 
ten pounds, one halfe to their Maj"^^ towards the support of 
the government of this province, the other halfe to the 
Post Mast'' Generall, who shall sue and prosecute for the 
same. 

And it is hereby further enacted by the Authority 
aforesaid. That all Letters and Pacquetts brought into this 
Port from beyond Sea (other than such letters as are be- 
fore excepted) shall by the Importer be forthwith delivered 
at the Post house or to the Officer belonging there unto, 
which officer shall pay a halfe penny to the Importer for 
each Letter or Pacquett so delivered, and for each Letter 
so brought in from beyond Sea shall be paid by the person 
to whom directed Two pence, and for a Pacquett (quan- 
tity) no Less than Three Letters, besides Bills of Ladeing, 
Invoyces, Gazetts, &c., four Pence, and for each Letter 
brought from Boston into this Province, not exceeding six 
pence and double for a Pacquett, & so proportionally for 
all other Letters from beyond Boston shall be paid what is 
the accustomary allowance in the Government from whence 
they come. 

And it is hereby also further enacted and ordained by 



192 PROVINCE OF NEW-HAMPSHIRE. 

the authority aforesaid, That in case any officer belonging 
to the Post Office shall omit their duty in keeping constant 
Posts for the carrying of Letters to the Severall places and 
stages appointed, or shall neglect seasonably & faithfully 
to deliver forth the Letters according to the Intent of this 
Act, such officer so offending shall forfeit the sume of five 
pounds, y^ one halfe to their Maj*'*^% the other halfe to the 
party agrevied, who shall sue for the same. 

And all letters concerning their Majesties' service shall 
be received & dispatched away with all possible speed, ac- 
cording to their direction, free of all charge and without 
demanding pay for the same, any thing herein before con- 
tained to the contrary notwithstanding. 

And it is further enacted & ordained, that the officer of 
the Post house having License granted to Retaile Bear, 
Cyder and Ale within doors according to Law, shall have 
his excise free, and no officer of the excise shall demand 
any thing of him for the same, and his person to be ex- 
cused from watching and warding. Provided always that 
this Act, nor any thing therein contained, shall continue 
in force any Longer than Three years from and after the 
publication thereof. 

John Usher, 
John Gillman. 

Tho. Davis, Secry. 

No. 17. 

An Additional Act to ye Law intitled Cornfields and Fences. 
Whereas in y® late Act made concerning Corne-fields & 
fences, the latter clause thereof saith, " Such fence as is 
Accounted sufficient against cattle shall also be accounted 
good against sheep <fe swine," w^^ will not secure Men's 
corne, in fields, near towns in some places : 
Be it therefore enacted, &c.. That it shall be in y*^ power 
of the selectmen of y^ severall Towns, to make such orders 
as shall be necessary to preserve corne ; as also to deter- 
mine what shall be Accounted a sufficient fense against all 
sorts of cattle (any thing in y® fore going Act made con- 
cerning Corn-fields & Fences, to y'' contrary notwithstand- 
ing). 



PROVINCE LAWS. 193 

No. 18. 
An Act Concerning Blarriages^ Bh'ths and Burialls. 

Be it Enacted, &c., Tliat it shall and may be Lawfull for 
any Justice of the Peace or settled minister residing within 
this Province to Joyne persons in Marriage, Provided they 
be Publislied Three Publique Meeting dayes according to 
former custome ; And Avhosoever is joyned soe in Marriage 
shall pay to the Justice or Minister soe marrying them five 
shillings ; And shall within one weeke take care to have his 
marriage Recorded by the person deputed to Record Births 
and Burialls, and to pay for the same six pence, but if they 
neglect it above a weeke then to pay Twelve pence for every 
coupell soe married. 

Be it likewise further Enacted and it is hereby enacted 
and Ordained by the Authority aforesaid, That the clarke 
in every Towne within this Province shall Record Births 
and Burialls ; and all Persons concerned are to take care 
to give notice thereof to the s*^ clerke within one month, 
and for every Birth and Buriall six pence if within one 
month, or else Twelve pence, and the clarke to returne 
every Quarter of a year a List of all Marriages, Births & 
Burialls unto the Register appointed for the Province, pay- 
ing two pence to the Register for every name so Registered. 

John Usher, Lieut. Governor, 
John Gillman, Speaker. 

Tho. Davis, Secry. 

No. 19. 

An Act to Ease People that are Scrupulous in Sivearing, 

For as much as there are sundry persons within this 
Province out of a tender conscience refuse to give their 
evidence on Oath, in any matter or thing that is depending 
in any of the Courts within the same : 

Bee it therefore Enacted, &c.. That in such case the per- 
son or persons refusing to swear shall give in their evidence 
or Testimony in manner or form following : That is to say, 
I, A B, doe solemnly promise, as in the presence of God, 
to speak the Truth, the whole truth, & nothing but the Truth, 
to the matter or thing in Question. 

And be it further Enacted by the Authority afores*^. 
That if any such person or persons so refusing, as afore- 
said, «hall be summoned to serve upon any Jury in any 
13 



194 PROVINCE OF NEW-HAMPSEIRE. 

court within this Province, Then such person or persons 
shall make the Engagement following : That is to say, I, 
A B, doe solemnly promise as in the presence of God, That 
I will well and Truly Try the Issue Between C D, Plain- 
tiffe, and F G, Defendant, according to evidence. And in 
case any such person or persons so called to evidence or to 
serve upon any Jury, and declaring as aforesaid, shall after- 
wards be convicted of willfull falsehood, That then and in 
such case such person or persons shall undergoe the same 
punishment as in case of wilful perjury is appointed and 
provided. 

And be it Enacted by the Authority aforesaid, that any 
person or persons desiring the same shall be allowed the 
Liberty of holding up the hand in swearing ; And all Oaths 
so taken shall be accounted as good and valied as by laying 
the hand on the bible. 

John Usher, Lieut. Governor, 
John Gillman, Speaker. 
Tho. Davis, Secr'y- 

No. 20. 

An Act for ye Treasurer to 'pay for ye copies of the Laws of 
this Prov 17106. 
Bee it Enacted, &c., That y^ Secretary of this Province 
doe forthwith from time to time send to each Towne within 
this Province, Copies fairly written of all the Lawes y* shall 
from time to time be made by the Lieut. Governour, Coun- 
eell & Gen^ Assembly for this Province ; And y* the feeis 
for the same shall be paid by y^ Treasurer out of the Publick 
Revenue. 

No. 21. 

Aji Act to Prevent Concealing Estates from Assessors. 

Whereas it is found by experience that several persons doe 

what in them lye to conceale and secure their Estates 

from time to time and will not give in a true & perfect 

Inventory and amount of the same to the select men and 

comishioner from time to time appointed for the making 

of Rates, so that those who make Conscience of what they 

doe pay more than their proporcion through their neglect : 

Bee it therefore Enacted, <fcc.. That whosoever shall after 

the date hereof leave out any of his Ratable Estate, and 

not give in the same in his Invoyce or perticular wh#n called 



PROVINCE Li-WS. 195 

there unto by the select men and Comishioner, for every 
pound Ratable Estate that shall be so left out and not 
discovered, The select men with the Comishioner shall 
have power to Rate such person that shall so conceale &, 
not discover the same, the sume of five shillings for every 
pound that shall be so concealed and not discovered as 
aforesaid. John Usher, Lieut. Governor, 

John Gillman, Speaker. 

Tho. Davis, Sec'ry. 

No. 22. 

An Act for raising money for supports of ye G-overnment, in 

Repairing Fortifications ^ making provision for souldiers. 

Wee, their Majesties' most Loyal and DutifuU subjects, 
the Representatives of this their Majesties' Province, con- 
vened in Gen^ Assembly, being sensible of y® great charge 
& expense w''^ hath all ready a Rising & must necessarily 
be dayly growing & increasing, in defending & securing 
their Majesties' subjects & interests, against their French & 
Indian Enemies, have cherefully & unanimously given & 
granted, and doe hereby give & grant unto their most Ex- 
cellent Majesties, their Heirs & successors, to the end & 
intent aforesaid, y^ sum of six hundred Pound, and humbly 
beseech their Maj*^^^ to accept the same : 

Bee it therefore enacted, &c., That a Rate of six hundred 
Pounds be forthwith made on all persons & Estates, Reall 
& personal, throughoute y® Province, without exception of 
any person but ministers, according as it is hereafter pro- 
portioned to each Towne ; viz., the proportion to y^ Towne 
of Portsmouth to this rate is two hundred & ten Pounds ; 
the proportion to y® Towne of Hampton to this Rate is two 
hundred Pounds ; the Proportion to y^ Towne of Dover is to 
this Rate one hundred and ten pounds ; the proportion to the 
Towne of Exeter to this Rate is eighty pounds : That y^ 
Treasurer doe forthwith send forth his warrants to y® select- 
men of each Towne for the making of y"^ said rate & assessm* 
according to this proportion ; And y'' rate to be made by the 
selectmen & Comissioner According to valuation of Estates, 
& all other methods settled thereabouts, by late Act of As- 
sembly for making and collecting y° last Province Rate : 
And y® Rate & Assessm* soe made to be forthwith com- 
itted to y® respective Constables, w*^' warrants to collect and 
transmitt y^ same to y® Treasurer for the time being, who 
is to pay y® charge of transportation, out of y® Publick 



196 PROVINCE* OF NEW-HAMPSHIRE. 

Treasure ; And whosoever payetli not ready money have 
liberty of paying in any of the species at y® prices liere- 
after mentioned, Provided, they pay after y® rate of three 
shillings for two shillings mentioned in the rate, so as to 
bring all to money : y*^ species are merch^^^ Pine boards, at 
thirty six shillings per thousand ; merch^^® Red Oak hoggli*^ 
staves at twenty six shillings per thousand ; Merch^^^ white 
Oake Pipe staves, at three pound per thousand ; Merchant- 
able Beefe at two pence per pound ; merch^^^® porke at three 
pence per pound ; Indian corne at three shillings per bushel ; 
And good sound Pease at four shillings per bushel ; fish 
& mack'rell at price currant ; — Provided it be in y® power 
of y^ selectmen, where any persons are aged & decrepid, 
or soe indigent that they are uncapable of paying any thing, 
to favour such in their Rates. 

John Usher, Lt. Govern'*, 
John Gillman, Speaker. 
Tho. Davis, Secretary. 

No. 23. 
An Act to compel Constables to do their Butie in collecting 
Rates. 

Bee it Enacted, &c.. That if any Constable w^Mn this 
Province shall neglect his duty in collecting any Rate or 
Rates committed to him by such as are Legally Authorised 
thereto, or shall omit to make up & a'just his Account w^^ 
y^ Treasurer or Selectmen, within three months time, after 
such Rates shall be committed to him to collect ; then & 
in such case, it shall be lawfull for y*^ Treasurer in case of 
Province rates, or y^ selectmen w"^ one Justice of peace, in 
case of Town rates, to isshew forth his or their warrants 
to y^ Sheriife, to distraine upon y® Estate of each Constable 
so delinquent to y® full valew of such Rates w^^ he hath 
omitted to collect, or pay in, according to ord"" within y® 
time of three months before mentioned. 

John Usher, Lt. Govern'", 
John Gillman, Speaker. 
Thos. Davis, Secr-^. 

No. 24. 
An Act for the Settling ^ distributing of Intestate Estates 
and such as prove Insolveiit. 

Be it enacted and ordained by the Lieut. Governor, 
Councill and Representatives convened in General Assem- 
bly k by the authority of the same, That when any person 



PROVINCE LAWS. 197 

dies Intestate, administracion of such Intestate's goods and 
Estates shall be granted unto the widdow or next of kin, or 
both, or, upon their Refusal, to one of the Creditors, as the 
Judge of probate of wills and granting administracion 
shall think fitt, the said Judge taking bond with securityes 
for their administring according to Law ; and after all just 
debts & severall charges are paid, the Remaining Goods & 
Estates, as well Reall as personall, shall be distributed in 
manner following : That is to say, one third part of the per- 
sonall Estate to the wife of the Intestate for ever ; one 
third of the house and Lands during her life unless she 
was other wayes endowed before marriage, and all the 
Residue of the Reall and personall estate by equall pro- 
portion to and among the children, except such who have 
an estate by settlement of the Intestates in his life time, 
saving alwayes to the eldest son surviving a double portion 
where no issue of an elder Brother appears ; and where 
any estate in houses and Lands cannot be divided without 
great Prejudice, the said estate shall be vallued by three or 
four able men appointed thereto upon oath, and the Eldest 
son to have the Refusall thereof, paying to the other Children 
their proportion of the valine. But if the eldest son accept 
not, one of the others may, on the same terms. But in 
case there be no wife the ^hole estate shall be distrebuted 
among the children in manner aforesaid, and where no 
children, to the next of kin. 

And it is further enacted by the authority aforesaid, that 
m case of Insolvent estates the judge of probate of wills 
and granting administracion shall nominate and appoint 
Two or Three fitt persons to be commissioners, with time 
allotted to Receive and examine all claims from the Credit- 
ors to the estate, and what they find justly due to make 
Report of to the judge, who shall order a distribution of 
said estate both reall and personall amongst the creditors 
according to proportion, saving only the widdow her third 
of houses and Lands during her life. 

And it is further enacted by the authority aforesaid, that 
all Lands shall be accounted as Chatties & Liable to pay- 
ments of debts where there is no personall estate sufticient 
to sattisfie the same. 

• John Usher, 

John Pickerin. 

Tho. Davis, Sec^ 



198 PROVINCE OF NEW-HAMPSHIRE. 

No. 25. 
An Act for ye renewing ^ continuing an Act for ye estab- 
lishing a Revenue for the defrayi^ig the Publick Charge of 
the Grovernment. 

Whereas, <fec. [Tins Act simply renews the Act No. 3, 
and continues it in force, " until y^ thirtieth day of October, 
1694 ; excepting & making voyd y*" clause or part of y® 3d 
Act relating to Sloops or Boats, that trade along y^ shore, 
to be free from paying of Powder money, y* comes into 
this Province for traffic from any port or harbour on this 
side Conectticutt." — Ed.] 

No. 26. 
An additional Act for Incourageynent of ye Post office. 
Whereas, notwithstanding a late Act for y^ settling a Post 
Office within this Province, sundrie Letters are brought 
by sloops k other vessels along shore, to y® prejudice of 
those who are at y® charge of keeping a post going once 
a week by land : 

Bee it enacted, (fee. That from and after y® publication 
hereof all masters of sloops or other vessels arriving within 
this Province, shall forthwith deliver all Letters by them 
brought in (excepting only such as concerne y^ loading of 
their vessels) unto the Collector or such officer with whom 
they make entry of their vessells ; which letters y^ said of- 
ficer shall, with all convenient speed, deliver in to y^ Poste 
house, or as the Po'ste master shall order : And for every 
Letter so brought in shall be paid two pence by y® person 
to whome y® same is directed : Provided, always, that the 
weekly Poste by land doe constantly keepe between Boston 
& Portsmouth ; and y* this Act nor any thing therein con- 
tained, shall continue in force any longer than y^ late Act 
intiteled " an Act for setling a Post office within this Prov- 
ince," w^^ was limited to three years from and after the 
publication thereof. 

No. 27. 
An Act for the achnowlegmH of Deeds. 
Be it enacted, <fec., That it shall be in the power of any 
one of their Majest^ Councill or any Justice of the Peace 
within this Province, to take tl\,e acknowledgment of all 
deeds of sale & deeds of gift: The Parties desiring the 
same to be done shall pay for the doeing thereof Two 



PROVINCE LAWS. 199 

shillings, to him that takes the acknowledgment ; and if 
any person or persons having signed, sealed and delivered 
such deed or deeds shall refuse to come hefore one of the 
Councill or a Justice of Peace to acknowledge the same 
deeds, it shall be in the Power of any of the Councill or 
Justices of the peace forthwith to Issue out his warrant to 
the Sherife or a Constable of the s** Province, to cause 
the delinquent to come before him to acknowledge s*^ 
deed of sale or deed of gift. And if the person shall refuse 
to do it, then it shall be in the power of a member of the 
Councill or Justice of the Peace to committ him to prison 
without Baile or Mainprise, There to lye untill he shall 
acknowledge the same deed. 

Past by the Assembly, M. Hunking, Clarke. 

Past by the Councill, Wm. Redford, dept. Secry. 

Assented to by John Usher, Lieut. Governor. 

No. 27. 

An Act to prevent Expence of time, and Gaming, in Or- 
dinaries. 

Bee it enacted, &c.. That no persons within this prov- 
ince shall play at cards, dice, tables, ninepins or other 
Games for money in or about any Publick House of enter- 
tainment on penalty of three shillings four pence fine, after 
publication hereof. To be paid by the persons so gaming 
for money ; and ten shillings fine to be paid by the keeper 
of such house of entertainment : And that no Seamen or 
other Persons in pay, hired for a longer or shorter time, 
do sit Tipling in any Publick house of entertainment above 
one hower at a time on like penalty as above ; The convic- 
tion to be before a Justice of Peace, and the fines to go one 
halfe to the Informer, the other halfe to the Poore of the 
Towne. 

Past by the Assembly, M. Hunking, Clarke. 

Past by the Councill, Wm. Redford, Dept.^Secr^. 

Assented to by John Usher, Lieut. Gov^ 

No. 29. 

An Act for altering the Sessions of the Supream Court. 

[This Act simply changes the times of holding the Su- 
preme Court from " y'' last Tuesday of October & April 
yearly," to " y^ first Tuesday of October & April yearly." 
Ed.] 



200 PROVINCE OF NEW-HAMPSHIRE. 

No. 30. 

A71 Act for Restraining of inhuman Severities. 

Be it Enacted, &c., for the prevention & restraining of 
inhumane Severitie, which by evil masters or Overseers 
may be used towards their christian servants, That from 
& after the publication hereof if any man smites out the 
eye or tooth of his man servant or maid Servant, or other- 
wise maime or disfigure them much, unless it be by meer 
casualitie, he shall let him or her goe free from his service 
& shall allow such further recompense as the Court of 
Quarter session shall adjudge him. 

And it is further enacted & ordained by the authority 
aforesaid. That if any person or persons whatsoever with- 
in this Province shall willfully kill his Indian or Negroe 
Servant or servants, he shall be punished with death. 

Past By the Assembly, M. Hunking, Clarke. 

Past By the Councill, W"^ Redford, Dept. Secry. 

Assented to by John Usher, Lieut. C4overnor. 

No. 31. 

An Act to 2^revent Seamen neglecting their duty. 
Bee it enacted, &c.. That from and after y^ publication 
hereof. That all contracts between masters of vessells and 
seamen, who have shipped themselves for a voyage, and 
signed to y® master's Book for proofe of shipping, shall be 
oblidged to attend y^ service on board & proceed y^ voyage 
accordingly. And whosoever soe shipped shall desert his 
service & ship himselfe with any other, shall pay a fine of 
forty shillings, & loose the time he has served (the fine to 
be for their Majesties' use for support of their Majesties' 
Government) and returne y^ money w^^ he may have E,ec*^ 
for part wages due or taken. And whosoever shall enter- 
taine any such seamen abord any vesscll or elsewhere, after 
notice given by the master who first shipped him, shall 
pay a fine of three pounds to their Majesties for supporte 
of" their governm*, <fe in case any soe shipped shall absent 
themselves , or run away from their service. It is further 
enacted, by the authority of the same, that it shall be in y® 
power of a Justice of y"" Peace, by issuing out his warrant, 



PROVINCE LAWS. 201 

or hew & cry, to apprehend him & committ him to prison, 
untill y*^ vessell he belongs to be ready to saile ; and then 
deliver him to y*" Master, Provided y® Master will pay y® 
charges there about, to be deducted out of y^ seamen 
wages. 

No. 32. 

Province of New Hami^ehire. 

Acts and Laws made and passed by the 
Hon'ble j^ Ltt. Governor & Assembly, 
convened by adjournment att New Castle, 
July 8*% 1696. 
An Act requiring all persons to take ye oath of Allegiance and 

Supremacy. 
Whereas a late Horrid and Detestable Conspiracy,* against 
his Maj'*^'^ sacred person, as by the Providence of Al- 
mighty God, [hath] been happily discovered, and there- 
by his Maj'^^'^ Royal person preserved ; to y*^ intent y* all 
his subjects, within this Province, may now recognise 
their duty and Allegiance : 

Bee it therefore enacted & ordained by the Lt. Governor, 
Council and Representatives convened in General Assem- 
bly, and it is hereby enacted and ordained, by the authority 
of the same. That all male persons w*4n this Province, 
from sixteen years old and upwards, on due notice of time 
and place, shall appear and take the oath appointed by Act 
of Parliment to be taken, instead of the Oath of Allegiance 
& Supremacie ; And y* two or more Justices of the Peace, 
appointed thereto by the Lieut. Governor, for each Towne, 
shall give notice for time and place of meeting, & adminis- 
ter the s*^ Oath in the respective Towns accordingly. Re- 
turning a List of the names of all persons so sworne into 
y® Secretary's office ; and in case any person shall refuse to 
take y° s*^ oaths, the persons impowered to administer the 
same shall forthw^'^ commit him to y® common Goale, there 
to remaine without baile or mainprise for y® space of three 
months, unless he pay down forty shillings for y^ use of y® 
poore, and become bound w*"^ sufficient securities to be of 
good behaviour, and to appear at y® next Quarter Sessions 
of y^ Peace, where, if he continues obtinate in his refusal! 

* Seo Minutes of Council Vol. II, pp. 188, 191. 



202 PBOVINCE OF NEW-HAMPSHIRE. 

to take y* s^ oaths, he shall be fined not exceeding ten 
pounds, and his bond of good behaviour continued. And 
whereas there are certain persons who are scrupulous in 
swearing, every such person or persons shall make & 
subscribe the Oath of fidelity following, viz : 

I, A B, do sincerely Promise and solemnly Declare before ^God and the world, 
that I will be true and faithful to King WUliam and Queen Mary ; and I do solemnly 
profess and declare, that I from my heart, abhor, detest and renounce as impious & 
heretical, that damnable Doctrine and position, that^rinces excommunicated or de- 
prived by the Pope or any authority of the See of Rome, may be deposed or Murdered 
by their subjects, or any other whatsoever; and I do declare that no Foreign Prince, 
Person, Prelate, State or Potentate, hath or ought to have any power, jurisdiction, 
Superiority, preheminence or authority, p]cclesiastical or Spiritual, within the Realm 
of England, or any of their Majestys' Dominions. 

George Jaffrey, Speaker. 
In behalf of y® Council, Wm. Redford, D. Secy. 

Assented, John Usher, Lt. Govern^ 



No. 33. 

An Act to ijvevent Trespasses in cutting down Trees upon 

Lands without fence. 
Whereas Trespasses are very frequent upon men's rights 
and properties of timber where the same is not within 
fence, to the great prejudice of many of his Maj'tys good 
subjects inhabiting this Province, for prevention whereof— 
Bee it enacted, &c., That whosoever shall cut down 
any tree or trees without leave from the owner or owners, 
shall pay to the party damnified, five shillings for each tree, 
or more according to the value of the trees, & the owners 
shall be accounted those, or such as derive a right from 
those, to whom the land upon which said trees grow is 
layd out and bounded by the layers out of Land chosen in 
each Towne, or others legally appointed thereto, unless in 
such case, where the right of the timber belongs to one, 
and the right of land (whereon said timber grows) belongs 
to another ; and then the damage accruing by such tres- 
passes shall be paid to him to whom the right of Timber 
belongs. And whosoever shall cutt down any bound mark- 
Trees shall pay a fine of forty shillings to his Maj"^, his 
heirs and successors, towards the support of this his Maj*^"* 
goverm*, and • that every Justice of the Peace within this 
Province shall have power to liear and determine the 
causes abovesaid ; always provided, that this Act or any 



PROVINCE LAWS. 203 

thing tlieroin contained, shall not be understood to inter- 
meddle* with such trees as his Maj*^ has been ])leased to 
reserve for Masts, Bow-sprits & yards for supply of his 
Royal Navy. 

John Pickerin, Speaker, 
Hen. Penny, Secr^, 
John Hinks, President. 

No. 34. 
An Act for ^jroviding a Prison. 
Whereas great inconveniency may arise for want of a 
Prison w*Mn this Province : 

Be it enacted, &c., That y® Treasurer doe forth w"^ agree 
with Mr. Sam^ Outt for his Wind-mill in Portsm'' and cause 
the same to be fitted for a Prison, untill further care be 
taken thereabout, defraying the charges thereof out of y® 
Publick Treasury. 

George Jaffrey, Speaker. 
In behalfe of y® Council, Wm. Redford, Dept. Sec^. 
Assented, John Usher, Lt. Govern''. 

No. 35. 

An Act for continuing cmd reviving the Lawes already made 
for settling and encouraging the weekly Post from Boston 
to this P'rovince. 

[This Law merely continues in force one year the Post Laws enacted in 
1693, 1694 and 1695.— Ed.] 

No. 36. . 

June 8^% 1697. 
An Act for ye raising of six hundred and fifty pound to de- 
fray ye Publick charge of ye Province. 

[To be " applied first to the subsistance and payment of 
the Masatlmsetts souldiers, now in his Maj*^^ service in this 
Province, and then to the paym* and sustenance of y^ soul- 
diers of our own Inhabitants, and all just Debts, accrueing 
by other incident charges." 

The proportion of the above Rate was " to Portsmouth, 
<£140, Is., 6d. ; to Hampton, £187, 2s., 4d. ; Dover, £127, 
9s., 7 l-2d.; Exeter, £115, 14s., Od. ; New Castle, £79, 



204 PROVINCE OF NEW-HAMPSHIRE. 

12s., 6d./' to be paid in money or in species at the follow- 
ing prices, viz : « 

" Red oak hhd. Staves . . 15s. per M. 

. Merch*^ Pine Boards . . . 25s. per M. 

White oak Pine Staves . . 45s. per M. 

Scale fish at ... . 10s. per Q**. 

Cod fish 12s. per Q"."] 

No. 37. 
An Act to prevent damage by horses. 
Whereas there hath been complaint made of unruly horses, 
doing of damage in this Province, both in corne fields, 
meadows & pastures, w^'^ if not timely prevented will be 
very prejuditiall to y® Inhabitants of this Province : 
Be it therefore enacted, &c. That no horse nor horse- 
kind shall be suffered to goe loose upon any of our Com- 
mon belonging to any towne in this Province, without tliey 
have a sufficient pare of fetters on, from the last of March 
to the last of October, from yeare to yeare, upon the pen- 
alty of paying ten shillings, the one halfe to him y^ impound 
y^, y^ other halfe to y^ selectmen for y® use of y^ poore of 
that Towne where they are impounded ; and if any man's 
horse or horse kind shall be found in any man's corn field, 
meddow, Pastur, or other inclosure, the owner of any such 
horse or horse kind shall pay a fine of ten shillings money; 
the one halfe to him y* impounds them, the " other halfe to 
y^ overseer of the poore, for y^ poore of that Towne where 
they did damage, befor such horse or horse kind shall be 
released out of pound, besides all damage, if such horse or 
horse kind have not on a suftitient pare of fetters, except 
there be proof that such horse or horse kind have been 
used to goe with suffitient fetters, or had broken or lost 
them ; In such case to pay only y^ damage of y'^ first of- 
fense ; and in no case shall any unruly horse be suffered to 
goe on y"^ Common, or horse kind, as above said, that is 
knowne to be unruly, with fetters, though never so well 
fettered, upon y*^ penalty of y^ owner's paying ten shillings 
money, the one halfe to them that impound them, the other 
halfe to y'' use of the poore as afore^*^ ; neither shall any 
person y* is not a free holder keepe any horse or horse kind 
upon any of y'' Comons, upon the penalty of ten shillings, 
to be taken by the Constable, by warrant from a Justice of 



PROVINCE LAWS. 205 

y*' peace, in y* Town where y® offence was committed, the 
halfc to them y* shall impound them, the other halfe for y® 
use of the poore afore said. 

John Pickerin, Speaker, 
Henry Penny, Sec^, 
John Hinks, President. 

No. 38. 

An Act for repealinf/ part of ye Act, made in the year one 
tJiousand six hundred ninety-five, Limiting every town in this 
Province to four houses of JEntertainmH, besides ferries, and 
being not thought fitt to answer y^ end for w*^^ it was made : 

Bee it therefore enacted, &c., That y* part of y^ Act 
which lymitts every Towne to four Houses of Entertainm*, 
& no more, is hereby repealed & hereafter is left to y*" dis- 
cretion of y® Justices of the peace, at y^ Quarter Sessions, 
to lycense soe many & no more than they shall judge need- 
ful & convenient, having respect to the other part of y® 
Act : That none be licensed but according to s*^ Act, & 
every time they renew their lycense, to bring, und^ the 
hand of y® selectmen of y® Town whereto they belonge or 
y^ major part of them, y* they are persons duly quallified 



for y^ same. 



John Pickerin, Speaker, 
Henry Penny, Seer*, 
John Hincks, President. 



No. 39. 
An Addition to the Act Relating to Excise, for impowci'ing the 
Treastirer, or any appointed by him, to enter into any Re- 
tailer^ s cellar or ivare House that have not agreed wHh him^ 
and their seize all Drinks not duly entered and ye Excise 
not payd. 

Bee it enacted, &c., Tliat the Treasurer himself, or any 
appointed by him, may and shall have liberty, as often as 
he shall see cause, in the day time, to enter the house, 
store-houses or cellars of any Lycensed house or Retailer's, 
and that have not agreed with y^ Treasurer, or any by him 
appointed for agreement of the same ; — there to seize any 
wine, Rum or other liquor according to said Act ; and to 
dispose of y^ same, — one third to the informer, the rest to 
y^ use of the Province, unless the Treasurer see cause other 



206 PROVINCE OF NEW-HAMPSHIRE. 

ways to agree w*^ the Delinquent person ; And y^ Treas- 
urer when he sees cause, to give warrant to any constable 
to be aiding & assisting herein. 

John Pickerin, Speaker, 
Henry Penny, Sec'y, 
John Hincks, President. 

No. 40. 
June 8, 1697. 
An Act for ye Security and preservation of ye Records of 

this Province. 
Whereas the scattering of y® Records of this Province into 
sundry places and persons' hands, hath bin much to y® 
detterment of his Maj'tys subjects therein ; for y^ future 
prevention whereof, 

Bee it enacted, &c., That all Records of all kinds belong- 
ing to this Province, before y® arrivall here of John Usher, 
Esq., Lieut. Govern^ bee deposited into y^ hands of Maj"^ 
William Yaughan, Esq., at Portsmouth ; — he giving copies 
to any that have occasion, taking the usual fees for y^ same. 

John Pickerin, Speaker, 
Henry Penny, Sec'y, 
John Hinks, President. 

No. 41. 
An Act for providing of a Prison in this Province, 
June 8, 1697. 

The Sheriffe of this Province complaining that the want of 
a Prison in this Province renders him uncapable of per- 
forming his Office : 

Bee it therefore enacted, &c., That the sheriffe forthwith 
take up tlie Fort on Mr. Thos. Graffort's hill at Portsmouth, 
for that use & see it fitted Accordingly ; The charge thereof 
to be paid out of the Treasury, and the owner to be allowed 
forty shillings per annum rent for the same till further 
order. John Pickerin, Speaker, 

Henry Penny, Secre'ty, 
John Hincks, President. 



PROVINCE LAWS. 207 

No. 42. 
All Act for the raising of money for the support of the Gov- 

ernme^it. 
[This Act provides, in the usual manner, for tlie raising 
of X700, by a rate on the persons and estates, real and per- 
sonal, of all the towns in the Province — proportioned to 
each tgwn as follows : 

Portsmouth, . . £167 Exeter, X127 

Hampton, ... 230 New Castle, ... 86 
Dover, ... 90 ^ 

The above rate to be paid " in money, or y^ species at y* 
prices herein mentioned, viz : 

MercW^^^ Pine Boards, at . . 30s pr. M. 

Merch^'^^ white Oak staves a*t . . X3 pr. M. 

White Oak hhd. staves at . . 30s. pr. M. 

Ked Oak hhd. staves at . . 20s. pr. M. 

"Wheat at . . . . .5s. pr. bush. 

Good pease at . . . .4s. pr. bush. 

Malt at . . . . .3s. pr. bush. 

Indian corne, . . . .2s. 6d. pr. bush. 

Fish k Mackrell at price current. 

Good beefe at seven farthings pr. lb. 

Porke at two pence halfe penny." 
And it is also provided, " It be in y® power of y® selectmen, 
where any poor, decreped, indigent person that they are 
uncapable of paying any thing, to favour suche." — Ed.] 

No. 43. 

An Act for ye PaymH of ye care of souldiers yt are wounded. 
For the better Incouragement of souldiers to adventure 
their persons against y® French & Indian enemie : 
Bee it enacted, &c., that in case any Person within this 
Province (being actually in arms by y® command of his 
officer or as a voluntier) shall be wounded by the French & 
Indian Enemie, the charg of his care shall be paid out of 
y® publick Treasury. 

George Jaffrey, Speaker. 
in behalfe of y® Council, 

Wm. Bedford, Secr'y. 



208 PROVINCE OF NEW-HAMPSHIRE. 

. No. 44. 

An Act for settling a Ferry between Portsraoutli and New 

Castle. 
Whereas, John Partridge has made applic'' for Liberty of 
keeping a Ferry between Portsmouth <fe New Castle : 
Be it enacted, <fec., Thaty^ s^ John Partridge shall have 
liberty, and it is hereby granted him, to keepe a J'erry for 
transportation of passengers between Portsmouth and New 
Castle, viz., from Portsmouth to y*" Island he, y^ s'^ Par- 
tridge, now liveth on, and soe to y^ Great Island & back 
again, for which he shall receive of each person backward 
or forward, five pence ; And this liberty to continue to him, 
y^ s*^ Partridge, his heirs, Execu''* & Administrators, for & 
during y*^ space of one &' twenty years, & soe much longer 
as y^ s*^ Partridge shall live ; And further to have liberty of 
selling drink free of Excise, taking license for y^ same, and 
entering into recognizance for keeping good orders, as y® 
Law directs ; — Provided ye said John Partridge doe forth- 
with provide sufficient Boate or boates, canno or cannoes, 
for keeping of s'^ Ferry, and give constant attention upon the 
same accordingly. 

George Jaffreys, Speaker. 
In behalfe of the council Assembled, 

Wm. Bedford, D. Sec, 
John Usher, Lt. Gov^ 

No. 45. 
An Act for continuing the Act of Impost and Excise, 
October 5, 1697. 

Whereas the late Act for continuing the Act of Impost & 
Excise untill the fourth day of November, one thousand 
six hundred ninety seven, is now almost expired : 
Bee it therefore enacted, &c.. That the s^ Act and every 
part of it be & is hereby Revived <fe continued in full force 
and virtue, to all intents and purposes, from and after the 
forth day of Novemb^' next ensuing, until the fifth day of 
Novem^^, One thousand six hundred ninety eight ; excepting 
& making voyde that part or clause in the Act relating to 
sloops or boats trading along the shore, to be free from pay- 
ing of powder money, that comes into this Province to traffic, 
from any port or harbour on this side Connecticut — any 
thing in the late Act made to the contrary notwithstanding. 



PROVINCE LAWS. 209 

No. 46. 
An Additional Act concerning Marriages^ Births and Burialls. 
April 5, 1698. 

Whereas, notwithstanding the former Act made for record- 
ing Marriages, Births & Burialls, great neglect has been 
therein : 

Beit enacted, <fcc., that whosoever imediatelj concerned 
therein, shall neglect for the future to give notice of such 
Marriages, Births, & Burialls, to the Clarke of the Towne 
wher he lives, within one month after such marriages, births 
and burialls shall happen ; he shall pay unto the clarke for 
his owne use, the sum of two shillings, to be levied by war- 
rants from a Justice of the peace to the constable of the 
Towne. 

No. 47. 

An Act for changing the time of holding the Court of Com- 
mon Pleas. 
[That is, instead of " beginning the day after the Quar- 
ter Sessions terminate," to " begin upon the Wednesday 
after the Quarter Sessions begin."] 

No. 48. 
An Act relating to Constables. 
April 5, 1698. 
Whereas, by a former Act made, the several Towns in this 
Province are impowered to make choice of meet persons 
to serve as Constables, and the person or persons soe 
chosen refusing to take the oath & serve in said office 
shall pay a fine of five pounds, but not said in said Act 
how the fine shall be taken. 

Be it enacted, (fee. That if any person so chosen &c., shall 
refuse to take the oath & serve when called thereunto by a 
Justice of the Peace, the s"^ Justice is hereby impowered to 
grant his warrant to the Constable to app'hend the body of 
such person or persons & convey him to his Maj^-^" prison 
in this Province, there to be secured, untill he pay the s*^ 
fine of five pounds, and all necessary charge about the 
same. 

14 



210 PROVINCE OF NEW-HAMPSHIRE. 

No. 49. 

An Act for the j^reservation of Tiigliivays and for making 

such other as may he needful. 
April 5, 1698. 

Bee it enacted, &c., That all high ways thro-aghout this 
Province be maintained at the same breadth formerly al- 
lotted, and if any p'son shall incroach thereon by fencing, 
laying wood, digging of pitts, or any other accumbrance 
whatsoever, to the damage or danger of any person, uppon 
complaint to any Justice or any Justices of the peace in 
that Towne where any such fact shall be done, the s*^ Jus- 
tices is hereby impowered forthwith to send for the person 
complained of & uppon due proofe to bind him over to the 
Quarter Sessions, or impose a fine on the delinquent per- 
son, according to y^ nature of the offence, not exceeding ten 
shillings, besides all cost, — the one halfe to the informer, 
the other halfe to the use of the poor of the Towne. And 
for any highwayes to be layed out, on application made to 
the Quarter Sessions by the Selectmen of any towne, show- 
ing the necessity & conveniences of the same, the Quarter 
Sessions are hereby impowered to appoint a meet Commit- 
tee to lay out such highways as may be most convenient & 
safe for travelers, & to order due sattisfaction to be given 
by the towne through which such highway lies, to the 
party thro' whose land such way shall be laid; and if any 
shall be dissatisfied with the sattisfaction given, upon their 
address to the Quarter Sessions, the s"^ Sessions are hereby 
impowered to have & determine according to Right. And 
it is hereby further Enacted, that the Selectmen of each 
towne within this Province are hereby impowered, either 
by themselves or a Committee appointed by them to lay 
out particular & private highways, provided due sattisfac- 
tion be made to the person through whose Land such high- 
way shall be made ; but if the party shall not be sattisfied 
with what the Selectmen or Committee by them appointed 
do, he or they have liberty to make their address to the 
Quarter Sessions, who are hereby impowered to see Justice 
therein. 



PROVINCE LAWS. 211 



No. 50. 



An Act for continuing unto his Majesty the several duties of 
Custom^ Excise, Impost and Powder money or Tunnage of 
shipping. 
Januaiy 7, 1698-9. 

" Be it enacted, (fee., by the Hon'ble Samuel Allen, Esq., 
Governor, Council & Representatives, That from and after 
this seventh day of Jan^ one thousand six hundred and 
ninety eight [nine] untill the fifth day of Novemb'" next 
ensuing, the sevrall rates and duties sett upon all Wines, 
Liquors & Merchandizes that shall be imported into this 
Province, and all duties of Tunnage in and by the said 
former acts of Impost, Excise, Custom and Tunnage 
money, bee, and are hereby continued to be paid in and by 
the s'^ Act as directed ; That is to say, the duties of Im- 
post, Customs and Excises, to be imployed for the reception 
of the Earl of Bellmont, & the Tunnage money for supply 
of his Maj^y^ Fort, William & Mary, at New Castle." 

No. 51. 
Aji Act Regulating Fees. 
April 5, 1698. 

Be it enacted, &c., that the establishment of the Fees 
belonging to the severall Officers, in the Province, be as 
followeth : 

Justices' Fees. 
For every Attachm* or Summons for Actions not 

exceeding 40s. six pence .... 
Sub-pena, each witness, .... 

Entering the action, ..... 

Filing papers, each paper, .... 
Every warrant for criminals, .... 

Bond for appeale, 

Copy of evidence, ...... 

Copy of Judgment, 

Every recognizance, ..... 

Conferring Judgment, ..... 
Affidavit out of Court, ..... 
Each day's attendance at the sessions,' to be paid 

out of the fines, . . . . . 
Acknowledging any Deed or Mortgage or any 

other instrument, ..... 
Every Execution, 



: 


: 


06 


: 


: 


02 


: 


3 : 


00 


: 


: 


02 


: 


1 : 


00 


: 


1 : 


00 


: 


: 


06 


: 


: 


06 


: 


2 : 


00 


: 


1 : 


00 


: 


1 : 


00 


: 


4 : 


00 


: 


2 : 


00 


: 


2 : 


00 



212 PROVINCE OF NEW-HAMPSniRE. 

Coroner* s Fees. 
For taking any Inquisition to bo paid out of y* 

Estates of tiie deceased, . . . £0:13:04 
If no Estate, then to be paid out of the public 

revenue, . . . . . . .0:6:8 

Fees for Prolate, Granting of Wills, Administration, cj-'c. 

For granting Administraf Bonde k Letter of 
Administration und"" the seal of the Office, if the 
Inventory amount to thirty pounds or upwards, 
to the Judge four shillings, to the Register 
three shillings, sixpence, . . . £0 : 7 : 06 
If the Inventory be und'^ thirty pounds, . : 5 : 00 

Probate of Wills where the Inventory amounts 

to thirty pounds or upwards, to the Judge, . : 3 : 06 
Probate of Wills where the Inventory amounts 

" " to the Register, : 2 : 06 

If under thirty pounds, : 4 : 00 

Recording of Wills or Inventory of one page Sc 

tiling the same, : 2 : 06 

If more, each page of twenty eight lines, eight 

words in a line, : 1 : 00 

For copy of a Will or Inventory twelve pence 

per page, each page to contain as afores"^, . : 1 : 00 
Allowing acc"^, settling <fe dividing of Intestate 

estates, : 5 : 00 

Every sitation, : 1 : 00 

Every Quietus, : 4 : 00 

Warrant for Apprisem*, . . . . : 2 : 00 
:Making out a Commission for receiving and ex- 
amining claims of creditors to Insolvent es- 
tates, k registering the same, . . . : 3 : 00 
Regestering the Commissioner's Report, after 
the rate of one shilling per page, to be ac- 

comp* as aforesaid, : 1 : 00 

.For entering an order upon the Administraf to 
pay out of the Estate in proportion unto the 
the severall credit" returned by the Commis- 
sioners, • : 1 : 06 



PROVINCE LAWS. 213 

Secretary'' 8 Fees, 

The engrossing of Acts or Laws of the Gen" As- 
sembly, one shilling per page, to be paid as 
afore"'', out of the public revenue, . . : 1 : 00 

Every Commission for the Justices of each 
County & Commission of Oyer & Terminer, 
ten shillings, to be p'^ out of the publick rev- 
enue, : 10 : 00 

Every Commission for Military Officers to be pd 

out of the public revenue, . . . . : 3 : 00 

Special AVarrant or Mittemus, by order of the 

Govern'- & Councill, each, . . . . : 2 : 06 

Every Commission under the great seal, for 

place of profit, :10 : 00 

Every Bond, : 2 : 00 

Every Order of Council to the benefit of any 

particular persons, : 2 : 06 

Every petition to the Govern'' & Council or Gen^ 
Assembly, According to the import, from one 
shilling to ten shillings A Passe ; or a Sea- 
breife, : 3 : 00 

A Bill of health, : 3 : 00 

Every Writt for electing of Assem])ly men di- 
rected to the Sheriffe or Marshall, under the 
Province seal, five shillings, to be paid out of 
the public revenue, : 5 : 00 

In transcribing the Acts or Laws passed by y*^ 
Gen" Assembly into a Book, twelve pence a 
page, each page to contain twenty eight lines, 
eight words to a line, & so proportionally, to 
be paid out of the public revenue. 

In the Superiour Court — The Justices^ Fees. 

Entry every Action for tryalls, . . • 

Out of which to the Clerk, .... 
Taking every special l^ayle. 
Allowing of a writ of Error, .... 
Allowing a Habeas Corpus, 

Confesing Judgment, 

Acknowledging satisfaction of Judgment on 
record, ....... 

In all criminall cases wdiere a fine is set, . 
Taxing every bill of costs, .... 



: 


12 


00 


: 


2 


00 


: 


2 


00 


: 


3 


00 


: 


2 


00 


: 


2 : 


00 


: 


1 


: 00 


: 


6 


00 


: 


1 


: OQ 



214 



PROYINCE OF NEW-HAMPSHIRE. 



Clerk's Fees, 

Every writt & the Seal, : 1 : 06 

Every rule of cost, . • • . . : : 06 
Fileing every declaration, . . . . : 1 : 00 

To the jury to be paid down for the Plaintiffe, . : 6 : 06 
Entring appearance, . . . . . . : : 06 

Signing Judgment by defaults, . . . : 1 : 00 
Taking every verdict and recording of it, . : 1 : 00 
Copies of all records, one shilling a page, each 
containing twenty eight lines, eight words 

for a line, : 1 : 00 

Less than one page, : 1 : 00 

Every action withdrawn — non suite, . . : 1 : 00 
Every petition rec*^, . . . . . : 1 : 00 

Order thereon, : 1 : 00 

Fileing the Records of each action, two pence a 

paper, : 3 : 00 

Every Execution, : 2 : 00 

In Criminal Cases. 

Drawing & Engrossing every Indictment or In- 
formation, : 2 : 00 

Every appearance, : : 06 

For the discharge of any person upon baile for y® 
peace, good behaviour, contempte and y® like, 
and warrant thereon , : 1 : 00 

In awarding & making forth Process against the 

defendant on Information, . . . . : 1 : 00 

Every warrant for y^ peace, good behaviour, . : 1 : 00 



Li ye Inferior Court — Justices' Fees. 

Entring every action, 

Of which the Clerk is to have, ... 
Taxing speciall bayle, two shillings, of which 

the clerk is to have one, . . . .0 
Confesing of Judgment, . . . . 
Acknowledging satisfac" of Judgment on Record, 
Taxing every bill of costs, one shilling, whereof 

six pence to the Clerk, . . . .0 



10 : 00 
2 : 00 

2 : 00 
1 : 00 
1 : 00 

1 : 00 



PROVINCE LAWS. 215 

To ye Jury to he paid do2vn by the Plaintiffe — Clerhe Fees. 

For every writt and seal, . . . . : 1 : 00 

Eutriug appearance, . . . . . : : 06 

Entring and recording the Verdict, . . : 1 : 00 

Making up the Records, . . . . : 1 : 00 

Copies of all Records, each page, as before, . : 1 : 00 

Every Action withdrawne or non suit, . . : 1 : 00 

Every Execution, : 2 : 00 

Clerke of the Sessions or Peace, — his Fees. 

Entring Complaint on Indictment, . . : 2 : 00 

Discharge of a Recognizance, . . . : 1 : 00 

Making forth process against criminalls, . . : 1 : 00 

Every summons, . . . . . . : : 03 

Every warrant for the Peace or good behaviour, : 1 : 00 
Every house of Publick entertainment or retail- 
ing, whereof two to the clerke, . , . : 5 : 00 

Sheriffs'' , MarshalW or Constables'* Fees. 

For serving every summons for tryall, . . : 1 : 00 
Every Capies or Attachment, two shillings, 

and if above one mile, three per mile, besides, : 2 : 00 

Baile bond, : 1 : 00 

Serving execution or levying of it, for the first 
twenty pound or under, one shilling per 
pound ; above that not exceeding fourty four 
pounds, six pence per pound ; above fourty 
pounds, not exceeding one hundred pounds, 
three pence per pound ; for whatsoever ex- 
ceeds one hundred pounds, two pence per 
pound, besides four pence per mile from 
travailing from home. 
Every tryall one shilling, . . . : 1 : 00 

Every precept for choosing Representatives, to 

be paid out of the public Revenue, . . : 10 : 00 

Cryer^s Fees. 

For calling the Jury, sixpence, . . . : : 06 
Every non-suit, one shilling, . . . : 1 : 00 
Every verdict, twelve pence, . . . : 1 : 00 



216 PROVINCE OF NEW-HAMPSHIRE. 

Cfo alerts Fees. 

For turning the key upon every prisoner com- 
mitted, . . . . . . . : 5 : 00 

Discharge, two shillings six pence, . . : 2 : 06 
For dyett for each prisoner, two shillings and 
six pence per weeke, and so proportionable 

he finding the same, : 2 : 06 

And he it further enacted^ by the Authority of the same, 
That what officer soever shall ask, demand and take, any 
greater or other fees than are before mentioned for the 
matter afores*^, or any of them, and be thereof duly^con- 
victed in any Court of Record within this Province, shall 
forfeit and pay the sum of ten pounds current money ,^one 
moiety whereof to be unto our Soveraigne Lord the King, 
his heirs and successors, for and towards the support of the 
government of this his Province, and the contingent charge 
thereof, and the other moiety to the informer or him that 
shall sue for the same in any Court of Record ; wherein 
no essoign,* protection or wager of Law, shall be [allowed ; 
And shall further pay unto the partie grieved double the 
value of the excessive fees so taken. 

No. 52. 

Jurors, &c. 

An Act to return able and sufficient Jurors to serve in the 
several Courts of Justice, and to Regulate the Election 
of Representatives to serve in the General Assembly 
within this Province. 
[Passed at the Session begun & held at Portsmouth, Aug. 
7th, 1699, and copied from the first printed Laws of the 
Province, 1716.] 

Be it enacted hy his Excellency the Croveimor, Council, and 
Representatives, convened in General Assembly, and hy Au- 
thority of the same, That the Clerks of the several Courts 
of Justice within this Province, Fifteen days at least before 
the day limited by Law, for holding sucli Courts, from time 
to time, shall make out a Writ of Venire Facias, directed 
unto the Sheriff of the Province, Commanding him in his 
Majesty's Name to Impannel and Return so many good 
and lawful men for Grand and Petit Jurors out of the sev- 

* Excuse for non-appearanco ia Court at the time appointed. 



PROVINCE LAWS. 217 

eral Towns within this Province, in as near a Proportion 
as may be according to the nnmncr of Inhal)itants, each 
person so returned to have an Estate of Freehokl worth 
Forty shillings per Amium^ at the least, or Fifty Pounds Ster- 
ling in Personal Estate. And the Sheriff shall cause each 
person named in his Pannel to be duely summoned and 
warned to attend the service of i]\Q Court, where tlie same 
is returnable. The Grand Jurors for the Quarter Sessions 
of the Peace, to serve one whole year from the time of 
their being sworn ; And every person Impannell'd and 
Summoned as aforesaid, to serve as a Juror at any of the 
said Courts, who shall make default by not appearing or 
not attending the service required of him, shall lose and 
forfeit the sum of Forty shillings^ unless such person make 
a reasonable excuse for the same to be approv'd and allow- 
ed by the Justices of the said Court ; The said forfeiture 
to be unto the use of our Soveraign Lord the King, for and 
towards the support of the Government, and for answering 
the Incident Charges thereof, and to be imposed and set 
by the Justices of the Court where the Venire is returnable. 
And when it shall happen by reason of Challenge, default 
in appearance or otherwise, there shall not remain a suffi- 
cient number to make up a Petit Jury, the Sheriff, by com- 
mand of the Justices of the Court, shall return so many 
persons, de talihus circumstantihus, as shall be requisite to 
make up a full Jury. And in Case where the Sheriff shall 
be a party, or related to either of the Parties, the Jury 
shall be Impannelled, and return' d by the Coroner, who is 
also hereby impower'd to serve Writts, in cases where the 
Sheriff is concerned. 

And be it further enacted hy the Authority aforesaid^ That 
no person Inhabiting within this Province, other than Free- 
holders of the value or income of Forty shillings per Ayi- 
num or upwards in Land, or worth Fifty Pounds sterling 
at the least in personal Estate, shall have any vote in the 
Election of Representatives, or be capable of being Elected 
to serve in the General Assembly ; and the Tryal of such 
Qualification, as aforesaid, shall be by the last Lists of 
Rates and Assessments, which the Selectmen of each re- 
spective Towne are hereby required to bring with them 
for that end, upon all days and times appointed for such 
Election. 



218 PROVINCE OF NEW-HAMPSHIRE. 

And he it further enacted hy the Authority aforesaid^ That 
there be a suitable person chosen in each Towne after the 
same manner used for choice of other officers, to be Town 
Clerk, to serve in the said office until another be chosen 
and Sworn in his stead. And every such Town Clerk 
shall have an Oath Administered unto him, by a Justice of 
the Peace, well and truly to Execute the said Office and 
Trust. 

No. 53. 

Courts of Justice.* 

An Act for Estahlishing Courts of Public Justice within 
this Province. 

Whereas the Orderly Regulation and Establishing of Courts 
of Justice, as well in respect of time as place, for the 
holding of the same, doth very much tend to the Hon- 
our and dignity of the Crown, and to the ease and ben- 
efit of the subjects: 

Be it therefore enacted by his Excellency the Governor, 
Council, and Representatives, convened in General Assem- 
bly, and by Authority of the same. That every Justice of 
the Peace in the same Town where he resides, be, and 
hereby is fully Authorised and Impowered to Hear, Try 
and Determine, all Pleas and Actions of Debt and Tres- 
pass, where Title of Land is not concerned, arising or hap- 
ning within this Province, to the value of Forty shillings^ 
or under, and to give Judgment therein, and to award Ex- 
ecution there-upon ; and either Party aggrieved at the 
Judgment or Sentence given by any such Justice in Civil 
Causes, may appeal therefrom unto the next Inferiour Court 
of Common Pleas ; the Party appealing giving Security 
before such Justice unto the Appellee, in a reasonable sum, 
to prosecute his Appeal with Effect, and to answer and 
pay such Cost and Damages as shall be awarded against 
him, in case the first sentence be affirmed. 

And for the letter Conservatvm of the peace ^^ Punishment 
of offenders, 
Be it father enacted, by the Authority aforesaid, Tliat 
there shall be held and kept by the Justices of the Peace 
within this Province, or so many of them as shall be lim- 
ited by the Commission of the Peace to make a Quorum, 

♦Printed in first edition of Province Laws, 1716. 



PROVINCE LAWS. 219 

Four Quarterly Courts, or General Sessions of the Peace 
yearly, at tlie Town of Portsmouth, on the first Tuesdays 
on the Months of March, June, Sej^tember and December, 
from time to time ; which said Court shall have Cognisance 
of all matters and things proper to the Jurisdiction of said 
Court relating to the Conservation of the Peace and Pun- 
ishment of offenders, according to the law and Statutes in 
Force within this Province : And the Sessions of the said 
Court shall hold & continue by the space of Two days and 
no longer. 

And be it further enacted, by the authority aforesaid, 
That there shall be Held and Kept at Portsmouth afore- 
said, an Inferiour Court of Common Pleas, by four Justices 
to be Appointed and Commissionated thereto by the Gov- 
ernor, or in his absence the Commander-in-Chief for the 
time being, any Three of whom to make a Quorum, the 
said Court to be held and begin at the time and days fol- 
lowing : That is to say, On Thursday next after the rising 
of the Court of the Quarter Sessions of the Peace, from 
time to time, which said Inferiour Court of Common Pleas 
shall have cognisance of, hear, try and determine all Act- 
ions, Matters and Causes tryable at the Common Law, not 
exceeding the Sum or Value of Twenty Pounds, and when 
Title of Land is not concerned, — and give Judgment therein 
and award Execution accordingly. 

Provided nevertheless. That either Party aggrieved at 
any Judgment or sentence given in the said Court, may 
Appeal therefrom unto the next Superiour Court of Ju- 
dicature : Such Appellant giving sufficient Security in 
double the Sum or Value recover' d unto the Appellee, be- 
fore one or more of the Justices of the Inferiour Court, to 
prosecute his Appeal with Effect, and to answer and pay 
such Cost and Damages as shall be awarded against him 
in case the first sentence shall be affirmed. 

And further be it enacted, by the Authority aforesaid, 
That there be Held and Kept at Portsmouth aforesaid, and 
not else-where within this Province, a Superiour Court of 
Judicature, by one Chief Justice and Three other Justices 
to be Appointed and Commissionated thereto by the Gov- 
ernor, or in his absence by the Commander in Chief for 
the time being, any three of whom to make a Quorum, on 
Second Tuesday in August and on the Second Tuesday in 



220 PROVINCE OF NEW-HAMPSHIRE. 

February , yearly, from time to time ; which said Courts 
shall have Cognisance of all Pleas and Causes as well Civil 
(not under the value of Twenty Pounds^ except where 
Title of Land is concerned) as criminal, as fully and amply 
to all intents and purposes whatsoever, as the Courts of 
King's Bench, Common Pleas & Exchequer within his 
Majestie's Kingdom of Englayid have or ought to have, and 
are hereby Impowered to give Judgment or Sentence, and 
award Execution therein ; and it shall be in the liberty of 
any Party, Plaintiff or Defendant aggrieved at any Judg- 
ment given in the said Superiour Court, to Appeal there- 
from unto the Governour and Council : Provided the value 
Appealed for exceed the sum of one Hundred Pounds Ster- 
ling, and sufficient Security be given, in manner as in and 
by this Act is before directed, to prosecute the same, and 
to pay such Costs and Damages as may be awarded in case 
the first sentence shall be affirmed. 

And it is hereby enacted and ordained, That in Civil 
Causes to be commenced at the said Superiour Court of 
Judicature, where the Matter in Controversy exceeds the 
true value and Sum of Three Hundred Pounds Sterling, 
it shall and may be in the liberty of the Party aggrieved 
to Review the said Cause by a new Process out of the said 
Court, once and no more ; and if either Party shall 
not rest satisfyed with the Judgment or Sentence of the 
said Superiour Court, either upon the first Tryal or upon 
the Review, such Party may Appeal there-from unto his 
Majesty in Council : Provided, the matter in difference ex- 
ceed the true value and Sum of Three Hundred Pounds 
Sterling, and that Such Appeals be made within Fourteen 
days after sentence given, and that Security be likewise 
given by the Appellant, to answer such charges as shall 
be awarded in case the first sentence shall be confirmed. 

And he it further enacted, by the Authority aforesaid, 
That all Writs and Processes for bringing any Actions or 
Suits to Tryal, in any of the Courts aforesaid, shall be 
Summons, Capias or Attachment, and shall issue out of 
the Clerk's office of the same Court under the Seal there- 
of, and signed by the Clerk, and shall be directed to the 
Sheriff, Under Sheriff or Deputy, and executed Fifteen days 
before the day of the Court's sitting, and to be returned to 
the Court from whence the same issued. Writs and Pro- 



PROVINCE LAWS. 221 

cesses for Tryal before a Justice of the Peace to be granted 
by such Justice, directed unto a Constable or Constables, 
and to be executed Seven days before the day appointed for 
such Tryal and to be return'd to the Justice. 

And he it f mother enacted^ That every person Appealing 
from any Judgment or Sentence given in any of the Courts 
aforesaid, shall file a Declaration in the Clerk's office of 
the Court Appealed from, therein briefly asyigning the Er- 
rors in such Judgment fifteen days at least before the day 
of the sitting of the Court Appealed unto. And if the 
Appeal be made from a Sentence or Judgment given by a 
Justice of the Peace, such Declaration shall be filed with 
the Justice by the like time. 

Be it further enacted^ by the Authority aforesaid, That 
as well the Justices of the Inferiour Court of Common 
Pleas, as the Justices of the Superiour Court of Judicature 
respectively, where the Forfeiture or Penalty of any obli- 
gation with a Condition under written or a Penalty an- 
nexed to any Articles, Agreement, Covenants, Contracts, 
Charter, Party or other Specialty or Forfeiture of any Es- 
tate granted upon Condition, executed by Deed of Mort- 
gage or Bargain and Sale with defeazance, shall be found 
by Verdict of Jury or by Default or Confession of the ob- 
ligor, Mortgager or Vender, are hereby Impowered and 
authorized to Moderate the rigour of the Law. And on 
consideration of such cases according to Equity and good 
Conscience to change such Forfeiture and to enter up 
Judgment for the just Debt and Damages, and to award 
Execution accordingly ; only in real Actions upon Mortgage 
and Bargain and Sale with defeazance, the Judgment to 
be Conditional, that the Mortgager or Vender, and his 
Heirs, Executors or Administrators, to pay unto the Plain- 
tiff such Sum as the Court doth determine to be justly due 
thereupon, within Two months time after Judgment enter'd 
up, for discharging of such Mortgage or Sale, and that the 
Plaintiff recover Possession of the Estate sued for, & Exe- 
cution to be awarded for the same. And the Justices of 
the said several Courts, as Superiour, as Inferiour, respec- 
tively, shall take the Oath following, to be Administered 
unto each of them by the Governour, or in his absence by 
the Commander in Chief for the time being, or on such 
as shall be by him thereto appointed : That is to say, 



222 PROVINCE OF NEW-HAMPSHIRE. 

You Swear, that well and truly you shall serve our Sov- 
eraign Lord the King, and his People, in the Office of the 
Court of and that you will do equal Law 

and Execution of Right to all People, Poor and Rich, after 
the Laws in force within this Province, and usage within 
the same ; and in such cases, as the Law doth specially pro- 
vide to be relieved in Equity and good conscience, without 
having regard to any Person wliatsoever. So help you God, 

Any Law, Usage or Custom to the contrary in any wise 
notwithstanding. 

No. 54. 
Observation or Keeping the Lord's Day.* 

[Passed at Session begun and held at Portsmouth, July 
19% 1700.] 
An Act for the better Observation and Keeping the Lord'^s Day, 

Be it enacted ^ Ordained by the Lieutenant Governour, 
Council, and Representatives, convened in General As- 
sembly, and it is Enacted by the Authority of the same, — 
That all and every person or persons whatsoever, shall on 
that Day carefully apply themselves to Duties of Religion 
and Piety Publickly and Privately ; And that no Trades- 
man, Artificer, or other person whatsoever, shall upon the 
Land or Water, do or exercise any labour, business, or work 
of their ordinary calling; nor use any Game, Sport, Play, 
or Recreation on the Lord's Day, or any part thereof (works 
of Necessity and Mercy only excepted,) upon pain that ev- 
ery person so offending shall forfeit five shilU7i(/s. 

Further, It is Ordered and Declared, That no Traveller, 
Drover, Horse-courser, Waggoner, Butcher, Higier, or any 
their Servants, shall travel on that Day, or any part thereof, 
Except hj some adversity they were Ijelated, and forced to 
lodge in the Woods, Wilderness, or High-ways the Night 
before ; and in such case to travel no further than the next 
Inn, or Place of Shelter, on that day, upon the penalty of 
Twenty shillings. 

Further, It is Ordered, That no Yintner, Inn-Holder or 
other person, keeping any Publick house of Entertainment, 
shall entertain or suffer any of the Inhabitants of the re- 
spective Towns where they dwell, or others not being 
strangers, or Lodgers in such Houses, to abide or remain 
in their Houses, Yards, Orchards, or Fields, Drinking or 

•Printed in first edition of Province Laws, 1716. 



PROVINCE LAWS. 223 

Idly spending their time on Saturday Xight after the Sun 
is sett, or on the Lord's Day, or the Evening following, 
upon the pain and penalty of Five shilUn(/s, for every person, 
payable by themselves respectively, that shall be found so 
drinking, or abiding in any such House, or dependencies 
thereof, as aforesaid ; and the like Sum of Five shillinr/s to 
be paid by the Keepers of such Houses, for every person en- 
tertained by them. 

And for the better Execution of all and every tlie foregoing 
Orders : Every Justice of the Peace within this Province 
shall have power and authority to Convict before him any 
person or persons, who shall offend in any of the particulars 
before mentioned ; and upon his own view or other Legal 
conviction of any such offence, to impose the fine and pen- 
alty for the same ; and to restrain and commit the Offender, 
until it be satisfied ; or to cause the same to be levied by 
distress and sale of the Offender's goods, returning the over- 
plus, if any be : And in case any such Offender be unable 
or refuse to satisfy such fine, to cause him to be put in the 
cage or set in the stocks, not exceeding Three Hours. All 
fines and penalties Accruing by this Act to be to the benefit 
and relief of the Poor of such Town where the offence is 
committed, and delivered into the hands of the Select-meu 
or Overseers of the poor, for that end. 

And all Masters and Governours of Families are hereby 
required to take effectual care that their children, servants 
and others under their immediate government do not trans- 
gress in any of the foregoing particulars. 

And all and every Justices of the Peace, Constables, and 
Select-men are required to take effectual care, and endeavour 
that this Act in all the particulars thereof be duly observed: 
As also to restrain all persons from Swimming in the Water 
unnecessarily ; And unseasonable Walking in Streets, or 
Fields, in any part of this Province ; Keeping open their 
Shops or following their secular Occasions, or Recreations 
in the Evening preceding the Lord's Day, or any part of the 
said Day, or Evening following. 

And all persons are strictly required to be obedient to, 
and aiding and assisting such Justices, Constables, and other 
Officers herein, as they will Answer the contrary at their 
peril. 



224 PROVINCE OF NEW-HAMPSHIRE. 

No. 55. 
AN ACT AGAINST ADULTERY AYD POLYGAMY.* 

[Passed June Session, 1701.] 
Whereas the Violation ot the Marriage Covenant is highly 

provoking to God, and destructive to Families, 

Be it therefore Enacted^ &c.. That if any Man be found in 
Bed with another Man's Wife, the Man and Woman so of- 
fending, being thereof convicted, shall be severely whipped, 
not exceeding Thirty stripes ; unless it appear upon Tryal, 
that One Party was surprised, and did not consent, which 
shall abate the punishment as to such Party. 

And if any Man shall commit Adultery, the Man and 
Woman that shall be convicted of such Crime before his 
Majesty's Justices of the Superiour Court of Judicature, 
shall be set upon the gallows by the space of an Hour, with a 
Rope about their Necks, and the other end cast over the gal- 
lows ; and in the way from thence to the Common Goal 
shall be severely whipped, not exceeding Forty stripes each ; 
Also every person and persons so offending shall forever 
after wear a Capital Letter A of two inches long and pro- 
portionable in bigness cut out in Cloth of a contrary colour 
to their cloathes, and sewed upon their upper Garments, on 
the outside of their Arm, or on their back in open view. 
And if any person or persons having been convicted and 
sentenced for such offence, shall at any time be found with- 
out their Letter so worn, during their abode in this Province, 
they shall by Warrant from a Justice of the Peace, be forth 
with apprehended, and Ordered to be Publickly Whipped, 
not exceeding Fifteen stripes, and so from time to time, 
toties quoties. 

And be it further enacted, That if any person or persons 
within this His Majestie's Province, being Married, or w^hicli 
hereafter shall marry, do at any time after the day of the 
date hereof, presume to marry any person or persons, the 
former Husband or Wife being Alive, or shall continue to 
Live so married ; that then every such offence shall be 
Felony ; and the person or persons so offending shall suffer 
Death, as in cases of Felony. 

And he it further enacted and declared, That if any married 
person, Man or Woman, hath lately, or hereafter shall go 
to sea, in any Ship or other Vessel bound from one port to 
another, where the passage is usually made in Three Months 

♦ Printed in first edition of Province Lawa, 1716. 



PROYINCE LAWS. 225 

time ; and sucli ship or vessel hath not been or shall not 
be lieard of within the space of Tlircc full years next after 
their putting to sea from such Port ; or shall only be heard 
of under such circumstances as may rather confirm the 
Opinion commonly received of the whole Companie's being 
utterly lost ; in every such case, the matter being laid before 
the Governor and Council and made to appear, the Man or 
Woman whose relation is in this manner parted from him 
or her, may be esteemed single and unmarried ; and upon 
such declaration thereof, and License obtained from that 
Board, may lawfully Marry again ; Any Law, Usage or 
Custom to the contrary notwithstanding. 

No. 56. 

AN ACT AGAINST TRESPASSING IN TOWN COMMONS. 

Complaint being made to the General Assembly, by several 
persons within this Province, that ill-disposed persons do 
presume to Fence in some of their principal Commons 
and Feeding Land belonging to their several Towns, 
without having any grant or leave from the Town for the 
same, which is a great disturbance to the Peace of his 
Majestie's Subjects, and tends to the great detriment of 
the Lihabitants of the Towns where such Lands do be- 
long, if not timely prevented : 

Be it therefore enacted, &c.. That whosoever shall presume 
to Fence or Build upon any Town Common Land, without 
first obtaining a Grant or Lease from the Town for the 
same, shall pay a fine of Five Pounds to his Majesty, His 
Heirs, and successors, for and towards the support of i\\h his 
Government ; and Twenty Shillings Monthly to the Select- 
men of the Town where such Trespass is committed, for 
the use of the Poor of the Town, for so long as the Tres- 
passer shall continue his said Fence or Building on the 
Common Land, after Convictment* 
15 



226 PROVINCE OF NEW-HAMPSHIRE. 

No. 57. 

Province New Hampshire. 
A71 Act to prevent Contentyon Sj- Controversy that maye arise 

Concerninge the Bounds of the Respective Towns within this 

Province. 

[seal.] Bee it Enacted by the Left''* Govern'*, Counsell 
<fe Eepresentatives convened in Gene" Assembly, and by 
the Authority of the same ; that the Line betweene the 
Provinces and the Massathusetts Bay and New Hampshire 
from the Sea Westwardly, shall be the Southerly Bound of 
the town of Hampton ; and the Northerly Bounds as fol- 
lowing, viz : five miles Dew North from Hampton Meeting 
hous to a Marked Tree at or Near Winnicutt Biver, & 
thence Westwardly on a Directe Line to a marked tree 
within two miles of Exeter Meeting House, and thence on 
a Directe Line to a Marked tree near Ass brooke by the 
High waye, and thence on a Directe Line to an old bound 
Tree Marked, a Mile and a halfe South from Exeter falls, 
and thence upon a Weste and by South Line as far as the 
utmoste Extent of Salesbury town Bounds Westwardly, 
and thence to Run a hed Line Southerly till it meet w^^ 
the aforesaid Bound Line between the Province of the 
Massathusetts and New-Hampshire ; the Bound by the Sea 
Eastward from Hampton Meeting house to begin from the 
Causewaye and thence to Run five Miles along shore by the 
High Waye, w^^ is supposed to end about Josling Necke, 
and thence on a Directe Line Westwardly to the Bound 
tree, five Miles North of Hampton Meeting house. 

Exeter Bound Eastwardly, to begin at the mouth of 
Lamperill River, and thence on a Directe Line over the 
Great Baye to a Marked tree at Wales' Cove, <fe thence to 
Run South & by Este to Hampton Bounds, and Thence by 
Hampton Bounds to the South bound tree a mile and a 
halfe South of Exeter falls, and thence to Run on a Weste 
and by North line tenn Miles into the Woods ; and from 
the mouth of Lamperill River aforesaid, up said River to 
the falls whereon was formerly a saw mill, comonly called 
Wadlones upper mill ; &, thence Weste & by North into the 
Woods four miles, & thence to Run a hed Line Southerly 
to meet w^^ the Hed of the Southward bound Line, Reserv- 
ing to the Town of Dover the Hoole prevelidge of the said 
Lamperill River, Streme and falls for the Erectinge Mills 



PROVINCE LAWS. 227 

Dames, &c., on either side tlie River, without Annoy- 
ance from the Towne of Exeter, and that no Interuption 
be given by any to prevent the transportation of Timber 
Downe the River to the Lower falls, By making booms or 
otlierways. 

Dover Bound Northerly Begins at y*^ middle of Quam- 
phegan falls, and so up the River four miles or thereabouts 
to a Marked tree by the River side within a mile of white- 
hall, and from the said Quamphegan falls Downe the River 
to Hilton's Poynt, and from thence to Cannyes Crike, & 
thence on a Directe Line to Hoogstie Cove* with the 
Mashes on the Grete Baye, and foure Hundred Acres of 
Upland Adjoyninge thereto as formerly laid out, and from 
Hoogstie Cove over to Lamperill River mouth, and so up 
the River to the Uper falls, whereon was formerly a saw- 
mill commonly called Wadlones Upper Mill, and thence 
West and by North in to the Woods two miles, and Thence 
to run a hed northerly to meete w^^' tlie Hed of the North- 
ward Bound Line on Newichwanake River, allways Reser- 
vinge unto the towne of Dover the whole prevelidge of the 
said Lamperell River, Streme and falls for the Erectinge 
Mills, Dames, &c., on either side y^ River w"'out anoyance 
from the towne of Exeter, and that no Interuption be given 
by Any to p'vent the transportation of Timber Downe the 
River to the Lower falls, by making Booms or otherwaies. 

Portsm^ is Bounded by the Sea and the River, and Butts 
on all the other three townes, before mentyoned. New 
Castle and Kingstown to be Bounded According to their 
Charters, Provided Kingston Do not Entrench upon Exeter 
Bounds. 

And whareas Sundry Lands, sutcli as the Lands of 
Swampscutt and those Lands between Hampton and the 
Massuthusetts bounds, are now settled w^'^in the Bounds of 
our townes aforesaid, which ware not formerly, So all Per- 
sons having Righte, title or Litereste in and to the said 
Lands, are hereby preserved in their said Rights and Prop- 
perties as fully and ampply as before the settlement. 

12th Septem'^, 1701. This Bill was red three times & 
Passed by y*" Counsell to be Enacted and sent down to y® 
House of Representatives for concurrence. 

Charles Story, Secretary. 

* A place where swine were driven from Exeter, every Spring. See Vol. I., 
ProT. Rec., pp. 139, 142.— Ed. 



228 PROVINCE OF NEW-HAMPSHIRE. 

Eodem die. Passed by th6 Assembly, wlioo desires this 
bill may be Enacted : The Liften* Govern'^ consenting 
thereto. 

Sam" Penhallow, Speaker. 

By the L*. Govern^: I assente to the Enacting this Bill. 

Wm. Partridge, Lef Govr^ 

No. 58. 

Province of New Hampshire. 

An Act for the Confermatyon of Town Grranis, 

[Seal.] Bee it Enacted by the Leften* Goyern"^, Coun- 
cill and Representatives Convened in Gen" Assembly, and 
by the Authoritye of the Same, that all Grants of Lands 
that have bin Heretofore made unto any Person or Persons, 
by the Inhabitants of the Respective Townes w*^in this 
Province, or by the Selectmen or a Committee in Eatch 
Respective town, shall be Accompted and Held to be good 
and vallied unto the several Grantees, there Heirs, Exec^% 
and Assignes forever. Any Law, usage or Custom to y® 
contrary Notwithstanding. 

12th Septem^ 1701. This Bill was Red three times 
and Paste by y*^ Councill to be Enacted, and sent downe to 
the House of Representatives for concurrence. 

. Charles Story, Secretary. 

Eodem die. Pass*^ By the Assembly, hoo desiers this 
bill may be Enacted, the Lef Govern"^ consenting thereto. 

Sam^ Penhallow, Speaker. 

By the Lif* Govern : I assent to the Enactinge this Bill. 

Wm. Partridge, Lt. Govern'". 

Note by the Editor. The two foregoing Acts were disallowed by his 
'Majesty. See Farm. Bdk., p. 158. 



1702.] JOURNAL OF COUNCIL AND ASSEMBLY. 229 

[p. 97:] Province of New Hampshire. 

At a Council and Gen^^ Assembly held 
at Portsm*' on Friday, the 17"' of July, 
1702, Ante merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'^ and Com- 
mander, (fee, 
The Hon^'« W™ Partridge, Esq., L* Govern^ 
John Ilinkes, ) Nath^ Weare, ) 

Nath^ Fryer, y Esqrs. Sam^ Pen hallow, > Esqrs. 

Peter Coffin, ) John Plaisted, ) 

Henry Dow, Esq. 
Richard Jose, Esq., High Sheriffe of said Province, was 
sent by his Excellency as a message to the House of Rep_ 
resentatives to acquaint them that his Excellency ordered 
them to choose a speaker, the late speaker of said House 
being removed up to this Board, by order of the Queen's 
Majesty. 

The Hon^i° W"^ Partridge, Esq., Lieut. Govern'-, 
John Hinks, ) Nathaniel Weare, ) 

NatW Fryer, > Esqrs. Samuel Penhallow, > Esqrs. 
Peter Coffin, ) John Plaisted, ) 

took the oath of privy Councillors. 

Mr. Nath^ Hill and W"^ Cotton, members of the House 
of Representatives, brought up to this Board the election 
and choice of the speaker, in haec verba : 

In obedience to his Excellency's order, Capt. John Pick- 
ering was chosen speaker of the House of Representatives, 
by order of the House. 

Theodore Attkinson, Clerk. 

The petition of several inhabitants of Hampton was read 
at this Board, relating to their paying Rates to this Gov- 
ern* and the Massachusetts, praying relief therein. 

[p. 98.] Ordered, that a copy of said petition be sent, 
attested by the Secretary, to the Secretary of Boston, for 
his Excellency to consider of these ; and in the mean time 



230 PROVINCE OF NEW-HAMPSHIRE. [1702^ 

the Constables of Hampton to be wrote to by the Secretary 
to make no distress upon said inhabitants, his Excellency 
declaring he will also order the same to be done at Salis- 
bury when he arrives at Boston. 

A message was sent down to the House of Representa- 
tives to order the Speaker to come up with the whole House 
to this Board, who accordingly came. 

And his Excellency was pleased to make a speech to them.* 

A Dedimus Potestatem was granted by his Excellency to 
John Hinks and Samuel Penhallow, Esqs., in order to give 
the oaths to Sam^ Keais, W'"^ Cotton and Francis Page, new 
members of the Assembly, instead of the oaths of Alle- 
giance and Supremacy ; which was accordingly done. 

Ordered, that half a barrel of powder be taken out of 
the Queen's stores and sent to Mr. James Blagdon, of the 
Isle of Shoals, for her Majesty's service. 

Adj'^ till 10 o'clock tomorrow morning. 



[p. 99.] Province of New Hampshire. 

At a Council and Gen" Assembly held 
at Portsm'', by adj*, on Saturday, the 
18"^ of July, 1702, ante merediem, 
Present, 
His Excellency Joseph Dudly, Esq., Govern'', <fec., 

The Hon'^^^ W»^ Partridge, Esq., L* Govern^ 
John Hinkes, ) Nath^ Weare, ) 

Robert EUott, > Esqrs. Sam^ Penhallow, > Esqrs. 
Peter Coffin, ) Henry Dow, ) 

Mr. Secretary Story was sent by his Excellency as a 
message to the House of Representatives to acquaint the 
Speaker and the rest of the House that had not taken the 
oaths to her Majesty, as by law is appointed, to come up to 
this Board to take the same. Accordingly these persons 
following came, viz : 

* This speech not found on record.— Ed. 



1702.] JOURNAL OP COUNCIL AND ASSEMBLY. 231 

John Pickering, Speaker, 

John Woodman, 

John Tuck, 

Joseph Swett, 

James Randle, 

James Davis, 

Nathaniel Hill, 

Moses Levitt, and 

Theophilus Dudley, who took the oaths appointed, in- 
stead of the oaths of Allegiance and Supremacy, and 
repeated and subscribed the Test and Association, &c. 
Adj*^ till three o'clock, afternoon. 



[p. 100.] Province of New Hampshire. 

At a Council and Gen" Assembly, held 
at Portsm^, by adj*, on Saturday, the 
18"^ of July, 1702, Post merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'", &c., 

The Hon^^« W"^ Partridge, Esq., Lieut. Govern'', 
John Hinkes, ) Nathl. Weare, ) 

Robert EUott, > Esqrs. Sam^ Penhallow, > Esqrs. 
Peter Coffin, ) John Plaisted, ) 

Richard Jose, Esq., High Sheriffe of Said Province, was 
sent down to the Speaker of the House of Representatives 
to order Theodore Attkinson, one of the members of the 
said House, to come up to this Board to take the oaths 
instead of the oaths of Allegiance and Supremacy ; who 
accordingly came and took the same, and Repeated and 
Subscribed the Test and Association. 

Robert Ellott, Esq., took the oath of a privy Councillor. 

Mr. Nathaniel Hill, one of the members of the House of 
Representatives, brought up to this Board the foil. votes> 
as upon file : 



232 PROVINCE OF NEW-HAMPSHIRE. [1702. 

That there be an address of condolence and congratula- 
tion to her Majesty. 

That there be an address of Thanks to the Queen for the 
settlement of this goyernment. 

That a Bill be drawn up to have the Powder money paid 
in specie. 

That there be a Present to the Govern'", and money raised 
to make good the former votes and disbursement ; — in all, 
five hundred pounds, and bill drawn up accordingly. 

[p. 101.] That there be an address to the Govern^ by the 
Council and Assembly, to represent the matter of Timber 
to her maj'sty, so as that an Act may be properly made 
there upon. 

That a Committee of both Houses be immediately chosen 
to draw up the bills afore mentioned. 

Which several votes were read at this Board and con- 
sented to by the Council. 

Another vote was sent up from the House of Representa- 
tives, as foil : — 

That Capt. John Pickering and Mr. Sam^ Keais, be of 
the Committee to join with two of the Council Board to 
draw up sundry votes passed this present day into Acts, by 
order of the Assembly. 

The Council have appointed Sam" Penhallow and John 
Plaisted, Esqrs., to be of the committee to join with Capt. 
John Pickering and Mr. Samuel Keais, to draw up said 
Acts, and that they have liberty to send for whom they 
please, to assist them therein. 

Adj*^ till Monday, 12 of the clock at noon. 



1702.] JOURNAL OF COUNCIL AND ASSEMBLY. 233 

[p. 102.] Province of New Ilampsliire. 

At a Council and Gen" Assembly, held 
by adjS at Portsm", the 20^^^ July, Ante 
merediem. 

Present, 
His Excellency Joseph Dudley, Esq., Govern'", &c., 
The Hon^^^*^ W Partridge, Esq., Lieut. Govern'^, 

John Hinkes, ) Sam' Penhallow, ) 

Natli' Fryer, > Esqrs. John Plaisted, > Esqrs. 

Peter Coffin, ) Henry Dow, ) 

The petition of John Jackson, Robert Almery and Joseph 
Jackson, was read at this Board, and upon file. 

Order upon it, that the fees having been settled many 
years past, that the same continue to be collected and re- 
ceived as usual. 

The petition of Shadrach Walton was read at this Board, 
relating to 25^'^ : 4^ : 2'^ : due to him from the Province, as 
Capt. of the Fort, <fec., from the 23'^ September, 1698, to the 
23^ August, 1699. 

In answer to which petition, the petition'" having showed 
in Council a receipt and discharge under the hand of the 
late Lieut. Govern'' Usher, for his publick receipts of money 
in full of all demands. 

Ordered, that the demand of 25^'^ : 4' : 2'^ be allowed out 
of the Public Revenue, and to have a warr* for his paym* 
out of the next taxes raised for the payment of the Province 
Debts — and that the said Receipt be put upon Record, and 
the Original receipt to be delivered into the hands of the 
Secretary. 

Adj*^ till 4 o'clock, Afternoon. 



234 PROVINCE OF NEW-HAMPSHIRE. [1702. 

[p. 103.] Province of New Hampshire. 

At a Council and Gen^^ Assembly held 
at Portsmouth by adj\ on monday, the 
20^^ July, 1702, Post merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Govern"", &c., 
The Hon^^'^ W™ Partridge, Esq., Lieut. Govern'^, 
John Hinkes, ) Sam^ Penhallow, ) 

Nath^ Fryer, V Esqrs. John Plaisted, > Esqrs. 

Peter Coffin, ) Henry Dow, ) 

Mary Foulsham's petition was read at this Board, relating 
to her being released out of Prison, being in for Debt, and 
a very poor woman, — as upon file. 

In answer to which petition his Excellency and Council 
doth order that the Secretary write to the Creditor or his 
Attorney, who keeps the petitioner in goal, that if they do 
not take care to find out the petitioner's estate, whereby he 
may satisfy his Debt by laying his execution thereupon in 
twenty days time at farthest, that then the said Creditor 
shall allow said petitioner 2^ : 6^ per week, for every week 
afterwards that she shall be kept in goal at his suit, or oth- 
erwise the petitioner to be discharged. 
Adj*^ till nine o'clock to-morrow morning. 



[p. 104.] Province of New Hampshire. 

At a Council and Gen^ Assembly held by 
adj* at Portsm*", on Tuesday, the 21^* of 
July, 1702, Ante meridiem. 
Present, 
His Excellency Joseph Dudley, Esq., Govern"", <tc., 
The Hon^''« W^ Partridge, Esq., Lieut. Govern'", 
John Hinkes, ) Peter Coffin, ) 

Nath' Fryer, > Esqrs. John Gerrish, [ Esqrs. 

Robert EUott, ) Sam' Penhallow, ) 

John Plaisted, Henry Dow, Esqrs. 
An address to her Majesty, relating to consolation and 



1702.] JOURNAL OF COUNCIL AND ASSEMBLY. 235 

congratulation, <fec., was signed by his Excellency Governor, 
<fcc.. Council and Representatives, as upon file. 

Another ditto to her Majesty, relating to the settlement 
of this her majesty's Province, in making and constituting 
his Excellency Joseph Dudley, Esq. 

Another ditto, signed by the L* Governor, Council and 
Representatives, to his Excellency Joseph Dudley, Esq., as 
upon file.* 

The several bills following, having been read three times 
and passed both Houses, were consented to by his Excel- 
lency to be enacted : viz., 

An Act about powder. 

An Act for a tax or Assessment of 500'^^. 

The petition of Joseph Palmer was read, relating to 
have a hearing of his cause, as upon file, between him and 
one Redman. 

Ordered, that a copy be given of [p. 105] the petition to 
the Attorney for Redman, in order to show cause why the 
said Palmer shall not have a rehearing. 

John Gerrish, Esq., took the oaths appointed, instead of 
the oaths of Allegiance and Supremacy, and repeated and 
subscribed the Test and Association, and took the oath of a 
privy councillor. 

Adj*^ till 3 in the afternoon. 

* The several Addresses above referred to cannot now be found.— Ed. 



236 PROVINCE OF NEW-HAMPSHIRE. [1702. 

[p. 105.] Province of New Hampshire. 

At a Council and Gen" Assembly, held 
at Portsm^ by adj* on Tuesday, the 21^* 
July, 1702, post merediem. 
Present, 
His Excellency Joseph Dudley, Esq., GoYern"", 
The Hon^^i^ W"^ Partridge, Esq., L* Govern'', 
John Hinkes, ) Sam^ Penhallow, ) 

Nath^ Fryer, > Esqs. John Plaisted, > Esqs. 

Kobert EUott, ) Henry Dow, ) 

Peter Coffin, Esq. 

Yote sent up from the House of Representatives that an 
Act be passed that a tax be raised on all sorts of goods and 
merchandise, and all manner of lumber that shall be 
transported out of or Imported into this Province, to con- 
tinue till the last of July, 1703, was read and upon file. 

Theodore Atkinso;^, Clerk. 

[p. 106.] Ordered, that the Lieut. Govern^ and Samuel 
Penhallow, Esqs., join with two of the members of the 
House of Representatives, as a Committee to draw up a 
bill according to said vote. 

Yote sent up by the House of Representatives that an 
Act be passed that the Treasurer take only six pence in the 
pound, and no more, for receiving and paying out of all 
such public money payable to such Treasurer. 

The Council do consider that for the receipt of the five 
hundred pounds tax, laid this session, and for what shall be 
received upon the Act of Impost and Tonnage for this 
year, the Treasurer take no more tlian nine pence in the 
pound. 

This consideration of the Council was sent down to the 
House of Representatives, who past the same. 

Doctor Richard Mills, a poor, sick, and decrepid person, 
made application to this Board that about two years ago, when 
he left this country, he left in the hands of one Elizabeth 



1702.] JOURNAL OF COUNCIL AND ASSEMBLY. 237 

Kedford, widow, to the value of 100"'% and cannot obtain 
the same again ; she denying the matter, and therefore 
craves to sue as Informa Pauperis in any lier Majesty's 
Courts of Records in y^ Province for that sum, or what else 
he shall see meet. 

Ordered, that he have liberty to sue accordingly in any 
of her Majesty's Courts of Records in this Province, and 
that the Judges in the court where he intends to sue assign 
him his Attorney, and that no fees be taken by any person 
or officer for the same ; but that his cause may proceed to 
a final end as an Informa Pauperis. 

[p. 107.] The bill for Impost and Tonnage having been 
read three times and past both Houses, were consented to 
by his Excellency to be enacted. 

Adj*^ the Assembly till Tuesday, the 18"^ of Aug*, 

And the Council till 3 o'clock to morrow, in the after- 
noon. 



[p. 107.] Province of New Hampshire. 

At a Council and Gen" Assembly, held 
at Portsm*^ by adj* on Tuesday, the 18*^ 
day of August, 1702. 
Present, 
The Hon^i^ W Partridge, Esq., Lieut Govern'', 
George Jeffrey, Esq., Sam^ Penhallow, Esq., 

Henry Dow, Esq. 
His Hon'^ the Lieut. Govern'^ was pleased to suspend 
George Jeffrey, Esq., from sitting, voting, or assisting in 
this Council. 

Mr. Jeffrey desired of his Hon'^ to know the reason. His 
Honor answered he would give the Queen an ace" of the 
reasons for his so doing. 

Mr. Charles Story, Secretary, was sent by the Lieut. 
Govern'^ to call the House of Representatives up to this 
Board, who accordingly came, and there not being a full 



238 PROVINCE OF NEW-HAMPSHIRE. [1702. 

Council, His Honor the Lieut. Govern' was pleased to ad- 
journ the Assembly till Tuesday, the eighth day of Sep- 
tember, 1702. 



[p. 108.] Province of New Hampshire. 

At a Council and Gen^^ Assembly, held 
at Portsm'' by adj* on Tuesday, the 8*^ 
of Sep^', 1702, Post merediem. 
Present, 
The Hon^'« W" Partridge, Esq., L* Govern^ 
John Hinkes, ) -^ John Plaisted, 



Sam^ Penhallow, f ^ * Henry Dow, ] ^ ' 
There not being a full Council, the Hon''^^ Lieut. Govern'^ 
was pleased to adjourn the Council till tomorrow morning, 
eight of the clock, and that the Secretary acquaint the 
Assembly of the same. 



[p. 109.] Province of New Hampshire. 

At a Council and Gener" Assembly held at 
Portsm^ by adj* on Wednesday, the 9*^ of 
September, 1702. 
Present, 
The Hon^^^ W«^ Partridge, Esq., Lieut. Govern'', 
John Hinkes, ) -^ Sam^ Penhallow, ) ^ 

Robert Ellott, j ^^^^- John Plaisted, \ ^^^^• 

Henry Dow, Esq. 
Vote relating to 200^^« to be taken out of 250^''« for the 
Agent, &c., mentioned in an Act for a tax or assessment 
of 500'^% was read at this Board, allowed and approved of. 
Vote upon file. 

Whereas, there is a War declared by the Queen of Eng- 
land, &c., against France and Spain, wherefore Orders 
have been sent throughout this Province for watching and 
warding, but no Instructions having yet been sent how the 



1702.] JOURNAL OF COUNCIL AND ASSEMBLY. 239 

watchers shall proceed in case of any persons walking at 
unseasonable hours in the night, and are bid to stand three 
several times and refuse to do the same : 

Ordered, that from and after the 17^^ day of this instant 
month of Sep"'', it shall be in the power of all private sen- 
tinels of all watches and in all garrisons within this Prov- 
ince, after such watches shall be sett, to command all 
persons whatsoever that shall pass along or approach near 
said watches or garrisons to stand, three several times ; 
and if such person or persons who shall pass along or ap- 
proach near such watches or garrisons, and shall refuse to 
stand, being commanded three several times so to do, as 
aforesaid, that then the said private sentinels and watches 
may and are hereby impowered to fire upon such person or 
persons so refusing to stand, as [p. 110.] above mentioned. 
But all private sentinels and watches are to take notice 
that they be very careful in observing to call three several 
times to such persons passing along before they fire upon 
them. 

The petition of James Phillipps, a soldier at her Majes- 
ty's fort, W^ and Mary, relating to money due to him, for 
his salary or wages as a soldier, was read at this Board 
and referred till next Council day. 

Henry Dow, Esq., was sent as a message to call the 
House of Representatives to this Board, who accordingly 
came, and His Hon^ the Lieut. Govern' was pleased to 
dissolve the Assembly in these words : 

By the advice of her Majesty's Council, I do dissolve 
this Assembly, and accordingly you are dissolved. 

So far sent to England, the 2-1^^ 7ber, 1702. 



240 PROVINCE OF NEW-HAMPSHIRE. [1703. 

[p. 111.] Proyince of New Hampshire. 

At a Council and Gen" Assembly, held at 
Portsm*" on Tuesday, the 12^^ of January, 
1702. 

Present, 
His Excellency Joseph Dudley, Esq., Govern'', &c., 
W"' Partridge, Esq., Lieut. Govern^ 
Peter Coffin ) ^ Sam^ Peiihallow, ) ^ 

Robert Elliott, j ^ Henry Dow, J ^ 

Assembly men's names. 
[Not recorded.] 
Richard Jose, Esq., high Sheriffe of said Province was 
sent as a messenger to the House of Representatives to 
inquire if they were a full House, and if so then to order 
them to choose their Speaker and return his name to this 
Board. 

Mr. John Dennitt brought to this Board a vote of the 
choice of Daniell Tilton for Speaker of the House of Rep- 
resentatives. 

Ordered, that Peter Coffin, Samuel Penhallow and 
Henry Dow, Esqs., or any two of them, be a committee to 
join with the committee of the House of Representatives 
to take into consideration the building of a fort at New 
Castle, according to the purport of a Letter from the 
Hon^^® the Lords Com""^ of Trade and Plantations, and [p. 
112.] his Excellency's speech thereupon, and to make re- 
port, and that this committee sit to-morrow morning by 
nine of the clock. 

A Petition of Joseph Palmer, a prisoner, upon execu- 
tion at the suit of one Redman, praying a review in that 
case before the Govern'^ and Council, for which the Govern'^ 
declared his opinion that it was the Subject's Right, and 
he was ready to hear it, but it went upon vote and passed 
in the negative. 

Adj'^ till 11 o'clock, to-morrow morning. 
No meeting of both Houses. 



-703.] JOURNAL OF COUNCIL AND ASSEMBLY. 241 

[p. 112.] Province of New Hampshire. 

At a Council and Gen" Assembly, held 
at Portsm" by adj*, on Thursday, the 
14"^ January, 1702. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'*, &c., 
The Hon'^^^ W" Partridge, Esq., P Govern^, (tc, 
Peter Coffin, ) y 

Samuel Penliallow, J ^^^^' Henry Dow, Esq. 
Mr. Speaker of the House of Representatives delivered 
to this Board a vote of the House in these words, foil. :, 

This House humbly pray that they have the perusal of 
the Treasurer's account ; by order of the Assembly. 

Saml. Thing, Clerk. 

[p. 113.] Mr. Treasurer being ordered thereupon pre- 
sented his account to this Board, which was read in Council* 
and sent by the Secretary to the House of Representatives. 

Adj'^ till to-morrow morning 10 of the clock. 

* Coi)y of the Treasur's d d. to the Govr., Council and Assembly, the 14th January, 
1702-3, being an estimate of the Province Debts. 

[Copied from the original on File.] 
Province of New Hampshire. Dr. 

£ s. d- 

1701. To money paid the Lieut. Govr., pr order,. . . . . 10:15:06 

To money paid Mr. Secretary, pr order, 60 : 00 : 00 

To money paid John Hinkes, Esq., for himselfe and soldiers pr order, 137 : 17 : 05 

To money allowed the Treasur., being for soe much advancd,, . . 104 : 12 : 00 

To money paid Sir Henry Ashurst, Agent of this Province, pr order, 100 : 00 : 06 

To money paid the Lieut. Govr., being part of the disbursement, pr 

order, 100:00:00 

1702. To money advanced for the Agency in Engld., . . . . 300:00:00 
To sundry small payments pr order, as appears in a list hereunto 

annexed, 109 : 10 ; 01 

To money pr order of Council for supply of our Agent, . . . . 200 : 00 : 00 

To money to Mr. Secretary pr order of Council, 06 : 00 : 00 

To the passage sea store for the agent, 27 : 09 : 00 

To cash expended at the arrival of his Excellency the Honble. Joseph 

Dudley, Esq., with the Council and Assembly, . . . 770 : 08 : 00 
To money paid his Excellency Joseph Dudley, Esq., pr order of 

Assembly, 250 : 00 : 00 

To money paid the Lieut. Govr., being soe much paid Capt. Home, pr 

order, 20:00:00 

16 



242 PROVINCE OF NEW--HAMPSHIRE. [1703 

Province of New Hampshire. 

At a Council and Gen" Assembly held at Portsm*' 
by adj* on Friday, the 15^^ of January, 1702. 
Present, 
His Excellency Joseph Dudley, Esq., Govern"^, &c., 
W"^ Partridge, Esq., Lieut. Govern'', 
Robert Elliot, ) t^, Sam^ Penhallow, ) -ni 

Peter Coffin, j ^'^i''- Henry Dow, \ ^^l^'^" 

Mr. Secretary Story was sent to the House of Represen- 
tatives with a message referring to the fortification on 
Great Island, and copy of the Governor's speech thereupon. 
Mi*. David Lerrence,t one of the House of Representa- 
tives, brought up a vote in answer to the vote above men- 
tioned, as on file. 

His Excellency the Governor was pleased to send the 
High Sheriffe on a message to the House of Representatives, 



To John Hinkes, Esq., for himselfe and soukliers at tbe Fort, pr order, 78 : 00 : 00 

To Mrs. Atkin for rent of her house, 05 : 00 : 00 



1,652:03:06 
ToCommissionof £1,568 :10:10s. : 00, at 5d per cent 78:08:06 



1,730:12:00 



Pr. Contra. Cr. 

lb. s. d. 

1701. June 30th By a tax of 300:00:00 

Deer. 3lst, By a ditto of 550:00:00 

1702. Augt. 15th, By a ditto of 500 : 00 : 00 

By Excise, about 70 : 00 : 00 

By Exportation of lumber and ) 

Importation of sundry goods [ 110 : 00 : 00 

according to a late Law, Augt. last, abt ) 

By a seizure on Rumm & wine, 8 : 10 : 00 

1,568:10:00 

Due to ball 162:02:00 

Errs. Excepted, pr, Samll. Pe>'H allow, 

January 14th, 1702-3. Treasurer. 

January 11th. Read in Council & ordered to be sent down to the Representatives. 

Cha. Story, Secretary, 
January 14th. Vera Copia compared with the original, 

pr, Cha. Story, Secretary. 

t Lawrence. 



1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 243 

commanding them to attend this Board for conference with 
them, rclatuig to the fortification at Great Island. 
Adj'^ till *J o'clock to-morrow morning. 



[p. 114.] Province of New Hampshire. 

At a Council and Gen" Assembly held at Portsm°, 
by adj*, on Saturday, the 16"' January, 1702. 
Present, 
His Excellency Joseph Dudley, Esq., Govern^ &c., 
W™ Partridge, Esq., Lieut. Govern'", 
Robert EUott, ) -i7,^^„„ Sam^ Penhallow, ) -p, 

Peter Coffin, | ^^^s- Henry Dow, | ^^^s- 

Mr. James Leach, one of the House of Representatives, 
brought up a vote relating to the fortification at Great 
Island, as upon file, which his Excellency and Council 
agreed to. 

Ordered, that Mr. Treasurer do, with all possible expedi- 
tion, let to farm the Duty of excise of this Province for the 
year ensuing, &c. 

A vote about reviewing the Act of Impost, &c., was 
brought up from the House of Representatives, — as on file. 

Council adj^ till next Tuesday, 11 o'clock, forenoon. 



[p. 115.] Province of New Hampshire. 

At a Council and Gen" Assembly, held at Portsm** 
by adj* on Tuesday, the 19"' January, 1702. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'', &c., 

W"" Partridge, Esq., Lieut. Govern'", 
Rober^ Elliot, \ ^^ ^^^ Henry Dow, Esq. 



Sam^ Penhallow, 
Yote was sent from the House of Representatives, that 
a committee be chosen in each Town to take the estate 
of each Town, for the proportioning of Rates, &c., — as 
upon file. 



244 PROVINCE OF NEW-HAMPSHIRE. [1703. 

The several Bills following, having been read three times 
and past both Houses, were consented to by his Excellency 
to be enacted, &c. 

A Bill for a Tax or assessment of 500 lbs. 

A Bill for continuing several Rates and Duties of custom, 
excise, Impost and Powder money or Tonnage of shipping. 

Adj*^ till to-morrow 10 o'clock. 

The petition of John Campbell, for an encouragement of 
maintaining the post-office betwixt Boston and this place, 
was read at this Board ; and it was ordered that a com- 
mittee of both Houses be appointed to consider of the 
same ; and there was appointed two out of this House, viz., 
John Plaisted and Henry Dow,Esqrs., and then His Excel- 
lency sent Mr. Secretary Story to the House of Represen- 
tatives with the said petition. 



[p. 116.] Province of New Hampshire. 

At a Council and Gen^^ Assembly, held 

at Portsm'', by adj*, on Wednesday, 

the 20"^ of January, 1702. 

Present, 

His Excellency Joseph Dudley, Esq., Govern', 

The Hon'^^« W^' Partridge, Esq., Lieut. Govern^ 

Peter Coffin, ) -^ Sam^ Penhallow, j p 

i^sqrs. TT^,,„,, n^^ \ i^sqrs. 



Robert Elliot, j """'i'"* Henry Dow, 
A further motion upon hearing the petition of Joseph 
Palmer, for a rehearing of a cause tried before the Hon^^® 
the Lieut. Govern"^ and Council in May last, between said 
petitioner and John Redman : It appearing to this Board 
that that trial was had since his Excellency the Govern'^ 
was sworn before her Majesty in Council, and the Execu- 
tion for the charges thereupon served since the Governor's 
Arrival in this Province ; a rehearing is granted to the 
said Palmer thereupon, he first discharging or securing to 



^1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 245 

said Redman, satisfaction for the charges he now lies in 
Prison for. 

Upon Mr. Elliot's setting forth npon his application to 
this Board, that there was fifty shillings due in exporting 
of Boards out of this River in the ship Fellowship, Joshua 
Fryer M"', which was Bona fide put on board before the Act 
of Impost or Duty was made : 

Ordered, that the Treasurer take notice that the said 
duty of fifty shillings is discharged, and that he do not de- 
mand the same ; first having an order from the Secretary, 
accordingly. 

[p. 117.] The petition of John Partridge was read, relat- 
ing to money he laid out for subsistance and support of 
wounded soldiers, and sent to the House of Representatives. 

A vote was brought down from the House of Represen- 
tatives relating to John Partridge's petition, that the said 
petition and their vote may be laid before the next General 
Assembly of the Massachusetts, &g. 

Consented to by the Council. 

His Excellency with the advice of the Council, prorogued 
the Assembly till Thursday, the 11^^^ day of March next. 



Province of New Hampshire. 

At a Council and Gen" Assembly held 
by adjournment at Portsm°, by proro- 
gation, on Tuesday, the 13*^ April, 
1703. 

Present, 
The Hon^^^« W" Partridge, Esq., Lieut. Govern^, 
Peter Coffin, ) -^ 

John Plaisted, ( ^^^''^- Henry Dow, Esq. 

Mr. Secretary Story was sent as a message to the House 
of Representatives to call them to this Board, who accord- 
ingly came, and his Honor was pleased to dissolve them in 
these words: 



246 PROVINCE OF NEW-HAMPSHIRE. [1703. 

Gentlemen^ I dissolve this Assembly and accordingly you 
are dissolved. 

2^ July, 1703. So far sent by the post to his Excellency, 
in order for England. 



[p. 118.] Province of New Hampshire. 

At a Council and Gen" Assembly held 
at Portsm^ on Wednesday, the 23"^ 
June, 1703. 
Present, 
The Hon'^'^ W"^ Partridge, Esq., L* Govern^ 
Henry Dow, Esq. 
Henry Dow, Esq., and Mr. Secretary Story, by virtue of 
a dedimus Potestatem to them directed, gave the oaths ap- 
pointed by law to nine of the members of the Assembly, viz : 

John Pickerin, Sam Leavitt, 

W"' Furber, Garshon Elkins, 

Thomas Roby, W"^ Wallas, 

W"^ Cotton, Sam^ Thing, and 

Sam" Shaw. 
His Honor the Lieut. Govern'' was pleased to send Mr. 
Secretary to call up the House of Representatives to this 
Board; who accordingly came, and his said Honor ad- 
journed them till monday next, twelve of the clock, by 
reason there was not a full Council. 



[p. 119.] Province of New Hampshire. 

At a Council and Gen" Assembly held 
at Portsm% 27"' June, 1703. 
Present, 
Tlie Hon^^^*^ W'^ Partridge, Esq., Lieut. Govern^ 
Robert Elliot, Esq., Henry Dow, Esq. 

Henry Dow, Esq., and Mr. Secretary Story, by virtue of 
a Dedimus Potestatem to them directed, gave the oaths 



1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 24T 

appointed by law to three of the members of the House of 
Representatives, viz., Theodore Attkinson, Esq., Mr. Na- 
thaniel Hill, and Capt. John Woodman. 

There not being a full Council, the Honourable the 
Lieut. Governor was pleased to send Mr. Secretary to the 
House of Representatives, to acquaint them that he ad- 
journed that House till Wednesday next, ten of the clock 
in the forenoon. 



Province of New Hampshire. 

At a Council and Gen^^ Assembly held 
at Portsmouth, by adj*, on Wednesday, 
the 30^^^ of June, ante merediem. 
Present, 
The Hon^'^ W™ Partridge, Esq., Lieut. Governor, 
Peter Coffin, ) -^ 

Robert Elliott, \ ^^^^^^' John Plaisted, Esq. 

There not being a full Council, the Honorable the Lieut. 
Governor was pleased to send Mr. Secretary Story to the 
House of Representatives, to acquaint them that he adj*^ 
that House till tomorrow morning, ten of the clock. 



[p. 120.] Province of New Hampshire. 

At a Council and Gen" Assembly held 
at Portsm^, by adj^, first day of July, 
1703. 

Present, 
His Excellency Joseph Dudley, Esq., Governor, etc.. 
The Honorable W"^ Partridge, Esq., Lieut. Govern'', 
John Plaisted, ) ^ Robt. Elliot, ) ^ 

Henry Dow, ( ^'^'^- Peter Coffin, ( ^^^^^• 

Mr. Secretary Story was sent as a message to the House 
of Representatives to desire them to choose their Speaker, 
and after they had so done, the whole House to come up to 
his Bj ard and present their Speaker. 



248 PROVINCE OF NEW-HAMPSHIRE. [1703- 

The whole House accordingly came up and nominated 
Captain John Pickerin as their Speaker, who was allowed of. 
Adj'^ till tomorrow morning, 9 oclock. 



[p. 121.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, by adj*, on Friday, 
the second day of July, 1703. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, &c.. 
The Honorable W™ Partridge, Esq., Lieut. Governor, 
John Hinkes, ) 

Robert Elliot, > Esqrs. John Plaisted, ) Esqrs. 

Peter Coffin, ) Henry Dow, ) 

The petition of John Campbell for an encouragement of 
maintaining the post office betwixt Boston and this place, 
was read at this Board ; and it was ordered that a commit- 
tee of both Houses be appointed to consider of the same ; and 
there was appointed two out of the House, viz., John Plais- 
ted and Henry Dow, Esqrs., and then his Excellency sent 
Mr. Secretary Story to the House of Representatives with 
the said petition. 

Mr. Nathaniel Hill, one of the Members of the House of 
Representatives, brought up the said petition to this Board, 

with a vote that they had appointed Roby and Mr. 

Wm. Cotton as a committee of that House to join with the 
Committee nominated by this Board, to consider of the 
said petition. 

Mr. George Vaughan, one of the members of the House 
of Representatives, took the oaths appointed by law, in- 
stead of the oaths of Allegiance and supremacy. 

The petition of Francis Jennings was read at this Board, 
and tlie same was referred to the consideration of the 
Justices of her Majesty's superior court, as upon file. 



170:1.] JOURNAL OF COUNCIL AND ASSEMBLY. 249 

[p. 122.] Province of New Hampshire. 

At a Council and General Assembly, held 
at Portsm'' on Saturday, the 3'^ day of 
July, 1703. 

Present, 
His Excellency, Joseph Dudley, Esq., Governor, &c., 
The Honorable W"' Partridge, Esq., Lieut. Governor, 
John Hinks, ) John Plaisted, ) 

Peter Coffin, y Esqs. Sam^ Penhallow, > Esqs. 
Robert Elliott, ) Henry Dow, ) 

A vote was brought up by one of the members of the 
House of Representatives in the foil, words, as upon file : 

In answer to his Excellency Joseph Dudley, Governor 
and Commander in Chief in and over her Majesty's Prov- 
ince of New Hampshire, his speech to the Assembly, set- 
ting forth the state and condition the Province, in order to 
raising money for defraying the charges and supporting of 
the government, — In answer thereto the assembly humbly 
offers the continuance of the former tax this last year set 
on all lumber, goods, wines, Rumm, &c., for one year next 
coming from the end of the last Act ; and pray that a 
Committee of both Houses be appointed to draw up said 
Act, and that some addition be made and added on Rumm 
and other things not mentioned in said last Act, and that 
all Masters be upon oath to how many thousand they trans- 
port every time they go out of the River, and that the 
receiver be upon oath to the truth and entry of every such 
master and vessel, of their quantity of all such lumber Ex- 
ported, and all goods Imported. 

Read at the Council Board, and consented thereto, and 
voted Samuel Penhallow and John Plaisted, Esqs., as a 
committee to join with some of the members of the House 
of Representatives, to draw a Bill according to said vote, 
and then sent the vote down to said House, who immedi- 
ately sent [p. 123.] the same up again, with a vote that 



250 PROVINCE OF NEW HAMPSHIRE. [1703. 

tliej had made choice of George Yaughan, Esq., and Mr. 
Samuel Thing, to join with the Committee of this Board in 
drawing up a Bill according to the said vote. 

Cha : Story,- Secretary. 

The following bill having been read a third time, and 
passed both Houses to be enacted, was consented to by his 
Excellency, and by him signed accordingly : 

A Bill for continuing of several Rates and duties of 
Impost, Tonnage, &c. 

Upon a vote and message of the Representatives, It was 
agreed in Council that there be two hundred pounds paid 
out of the Revenue of Impost to the Governor's orders, 
severally in full, for the charges and expences of the two 
treaties with the Indians in July, 1702, and June, 1703, 
and provision for the Gentlemen of the Council, and Gen- 
tlemen, soldiers, servants and Horses employed therein, 
the whole Assembly being desirous to show their duty to 
support the Governor. 

Adj^^ till Thursday, the 2^ Sept., 1703. 

27^^ August, 1703. So far gone to England. 



[p. 124.] Province of New Hampshire. 

At a Council and General Assembly, held 
at Portsmouth by adj* on Thursday, the 
2^ September, 1703. 
Present, 
The Honorable W"^ Partridge, Esq., Lieut. Govern"*, 

John Hinkes, ) ^ Samuel Penhallow, Esq. 

Henry How, ) ^ ? ^ 

Mr. Secretary Story was sent as a message to the House 
of Representatives hy the Honorable the Lieut. Governor, 
to acquaint them that for want of a full Council he ad- 
journed that House till tomorrow morning, nine of the 
clock. 



1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 251 

Province of New Hampshire. 

At a Council and General Assembly, held 
at Portsmouth by adj'on Friday, the third 
day of September, 1703. 
Present, 
The Honorable W'" Partridge, Esq., L^ Governor, 
John Hinkes, ) ^ Peter Coffin, ) ^ 

Robert Elliot, J ^^^^' Sam^ Penhallow, ( ^^'^^• 
Henry Dow, Esq. 
A letter from her majesty Queen Anne, dated at Saint 
James, the twentieth of April, 1703, relating to the settle- 
ment of a salary for the Governor and Lieut. Governor of 
this Province, was read at this Board, the House of Repre- 
sentatives being present, and is as followeth, viz : 

ANNE R. 
[p. 125.] Trusty and laell beloved ^ ive greet you icell: 
Whereas several inconveniences have arisen to our Govern- 
ment in the Plantations, by Gifts, presents, and temporary salaries 
made or assigned to our Governors by the General Assemblies : in 
order to the preventing wiiereof it is necessary that constant and 
fixt salaries be appointed and settled for the support of the 
respective Governors of our said Plantations ; And whereas there 
has been hitherto no provisions made for the support of our Gov- 
ernor and Lieut. Governor of our Province of New Hampshire, 
we do hereby signify to you our Royal will and pleasure, that at 
the first meeting of the Assembly after the receipt hereof, you do 
acquaint them with our expectation that in regard of our receiv- 
ing our good subjects of that Province under our immediate pro- 
tection and Government, they do forthwith settle a constant and 
fixt allowance on you our Governor, and our Governor and Lieu- 
tenant Governor of our said Province for the time being, and 
that the same be done without limitation of time : 

And upon the settlement of such a constant and fixt allowance 
for the support of you, our Governor, and of the Governor and 
Lieut. Governor for the time being, We are hereby pleased to 
direct that neither you, our Governor, nor any Governor, Lieu- 
tenant Governor, Commander in Chief, or President of the Coun- 
cil of our said Province for the time being, do give your or their 
consent to the passing any Law or Act for any Gift or present to 



252 PROVINCE OP NEW-HAMPSHIRE. [1703. 

be made to you or them by the Assembly, And that neither, you 
nor they do receive any gift or present from the Assembly, or 
other, on any account, or in any manner whatsoever, upon pain 
of our highest displeasure, and of being recalled from that our 
Governments. 

[p. 126.] And we do further direct and require that this Decla- 
ration of our Eoyal Will and pleasure be communicated to the 
Assembly at their first meeting after your receipt hereof, and 
entered in the Registers of our Council and Assembly, that all 
persons whom it may concern may govern themselves accordingly. 
So we bid you farewell. Given at our Court at Saint James, the 
20'^ day of April, 1703, in the second year of our Reign, 
By her Majesty's Command. 

NOTTmGHAM. 

A letter from the Lords Commissioners of Council of 
Trade and Plantations, dated Whitehall, April the 20^, 
1703, relating to the undue proceedings of the Courts of 
Justice in the Plantations, was read at this Board, and 
upon file. 

A vote was sent down to the House of Representatives, 
nominating Robert Elliot and Henry Dow, Esqs., to jom 
with two of the House of Representatives to examine into 
the Treasurer's account, and make report to this Board at 
the next sitting of the Assembly, Committee to sit next 
Wednesday. 

The Honorable the U Governor, having moved to this 
Board to know whether the sixty men under command of 
Captain James Davis, being out on scouting at the head of 
our Rivers, should continue or be disbanded. 

Ordered, that the said Capt. Davis disband said soldiers, 
and that the Honoraljle the Lieut. Governor issue forth his 
order to said Davis accordingly. 



1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 253 

[p. 127.] Province of New Hampsliire. 

At a Council and General Assembly, held 
at Portsmouth on Saturday, the fourth day 
of September, 1703. 
Present, 
The Honorable W'" Partridge, Esq., Lieut. Govern'', 
Peter Coffin, ) ^ Sam^ Penhallow, ) ^ 

Robert Elliot, j ^^^^' John Plaisted, \ ^^^^• 

Henry Dow, Esq. 
Mr. Story was sent as a message to the Flouse of Repre- 
sentatives with a vote relating to the impressing of eighteen 
men, to make up the number twenty men at her majesty's 
fort, as also for the impressing of sixty men to secure the 
frontiers, &c. 

Patience Atkins' debenture being read at this Board, 
amounting to two pounds, for half a year's Rent, from May 
16"\ 1702, to the 17*^ November, 1702, for the Assembly 
and Council's sitting, allowed and approved of, and ordered 
to be paid out of the next Province Rate. 

Mr. George Vaughan, one of the House of Representa- 
tives, brought up a vote as foil., viz : 

Voted, that the Lieut. Governor be and is desired to 
order such a number of men as he thinks convenient, to 
scout at the head of the frontier Towns, or other service, 
for fourteen days' time, in such manner as he thinks most 
convenient for safety, either by parcells or in a body, and 
that each man find himself provisions. Arms and ammuni- 
tion from their first going forth till their return. 
Passed by the House of Representatives. 

Theodore Atkinson, Clerk. 
Read at this Board and consented to by the Council. 

Cha. Story, Secretary. 
[p. 128.] The House of Representatives sent up the fol- 
lowing words, in writing : 

May it please your Honors, whereas her majesty's Letter 
of the 20*^ of April, 1703, was presented, which we have 



254 PROYINCE OF NEW-HAMPSHIRE. [1703. 

been considering of and still lies under consideration, are 
not at present able to give our answer, but shall with all 
possible speed. 

By order of the House, 

Theodore Attkinson, Clerk. 

Mr. Secretary Story was sent as a message to the 
House of Representatives to call them up to this Board, 
who accordingly came, and his Honor the Lieut. Governor 
prorogued the said Assembly till Tuesday, the 21'* instant, 
at ten of the clock, forenoon. 



Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsm% on Friday, the 24^ 
September, 1703, by Proclamation. 
Present, 
The Honorable W"" Partridge, Esq., Lieut. Govern'^, 
Samuel PenhalP, Esq., Henry Dow, Esq. 
There not being a full Council, his Honor, the Lieut. 
Governor, sent Mr. Secretary Story as a message to the 
House of Representatives, to acquaint them that he ad- 
journed that House till Tuesday, the 28"' of September, in- 
stant, at ten of the clock, ante merediem. 
Adj. accordingly. 

[p. 129.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsmouth, by adj*, on Tues- 
day, the 28"' of September, 1703. 
Present, 
His Excellency, Joseph Dudley, Esq., Governor, &c., 
John Hinkes, ) -^ Peter Coffin, ) ^ 

Robert Elliott, ( ^^^^' Sam> Penhallow, ( ^^^^• 

His Excellency sent a message for the House of Repre- 
sentatives to come up to this Board, who accordingly came, 



1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 255 

and his Excellency was pleased to acquaint tlicni of the 
Just and necessary war, and that care should be taken the 
people may not be oppressed in their service against the 
enemy. 

That Colonel Romer was at the fort ready to rcpaire the 
same, having men sufficient sent thither to attend his or- 
ders, and that the species raised towards the payment 
should be immediately converted into money to the best 
advantage. 

That the Treasurer's accounts be speedily adjusted in 
order to be sent to England to the Lords Commissioners 
of Trade and plantations, &c. 

That they would consider of her majesty's most gracious 
Letter, referring to salaries for the Governor and Lieuten- 
ant Governor. 

That her Majesty had been graciously pleased to send 
this Province fifty barrels of powder, stores, guns, &c. 

Adj-^ till three o'clock, post merediem. Met and adj'^ till 
to-morrow morning, ten of the clock, ante merediem. 



[p. 130.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsm^, by adj*, on Wednes- 
day, the 29"^ September, 1703. 
Present. 
His Excellency, Joseph Dudley, Esq., Governor, &c., 

The Hon^i<^ W"^ Partridge, Esq., Lt. Govern^ 
Robert Elliott, ) ^ Sam^ Penhallow, Esq. 

Nath^Weare, j ^^^^• 
The Governor was pleased to inform this Board that by 
Letters lately received from the Right Honorable, the 
Lords Commissioners of Trade and Plantations, he had 
received their commands that no infringement be made 
upon the former orders referring to the dimension of tim- 
ber, sawed for the service of the Crown, but that the Sur- 



256 PROVINCE OF NEW-HAMPSHIRE. [1703. 

veyors severally do strictly pursue their instructions in that 
matter, and that the Secretary give notice hereof accord- 
ingly. 

The Council being sensible that the 500^^^ raised for the 
fortifying the fort at New Castle, being paid into the Treas- 
ury in corn and grain of all sorts, at High Prices, if kept 
for sale, will prove great Loss to the Province, 

Ordered, that the Treasurer have the same at his own 
disposal, and to his proper use, he paying the full value of 
four hundred and fifty pounds, according to the orders of 
Colonel Romer, or this Board, in such species, provisions, 
materials and payments for the fortifying of her majesty's 
said fort at New Castle, at money price, or pay for the 
same where they shall be bought. 

Adj'^ till Friday morning, 10 o'clock. 



[p. 131.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsm'', by adj*, on Friday, 
the first day of October, 1703. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, &c., 
John Hinkes, ) Peter Coffin, ) 

Robert Elliott, > Esqrs. Sam^ Penhallow, > Esqrs. 
Natli^ Weare, ) Henry Dow, ) 

Ordered, that Samuel Penhallow, Esq., Treasurer, have 
warrants signed for the payment of four pounds, one shil- 
ling and five pence, and four pounds six shillings, for enter- 
taining the Judge Advocate and the king's Messenger, and 
that the Secretary issue forth said warrants accordingly. 
Adj*^ till 3 o^clock, post merediem. 



1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 257 

Province of New Hampsliirc. 

At a Council and General Assembly 
held at Portsm^, by adj*, on Friday, 
the 1^* October, 1703, post meredicm. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, <tc., 
John Hinkes, ) Nath^ Weare, J 

Peter Coffin, > Esqrs. Henry Dow, > Esqrs. 

Robert Elliott, ) Sam^ Penhallow, ) 

A vote was sent down to the Representatives for the 
encouragement of the Postmaster General, in Boston. 

[p. 132.] Ordered, that all payments out of the Treas- 
ury from time to time, be made orderly according to the 
Dates of the warrant severally; except in special cases 
where the warrant shall direct the immediate payment. 

The Treasurer having this day past all his accounts for 
four years last past, being tiie whole time of his Treasure- 
ship, it being observed that the orders of Council for pay- 
ment of forty-one pounds, ten shillings and two pence, unto 
several soldiers, and the payment of one hundred and 
twenty-eight pounds, nineteen shillings and six pence, for 
building the prison, and the payment of fifty-three pounds, 
one shilling, for paying and receiving, with other trouble 
and charge, are wanting. 

Ordered, that the Treasurer have warrants granted by 
the Secretary for his vouchers. 

Ordered, that for the future all wages that shall accrew 
due to the Captain and soldiers at the fort W™ and Mary, 
be paid to the Captain for the time being ; and he to give 
a receipt for the same to the Treasurer, and the said Cap- 
tain to pay the soldiers. 

Upon an adjustment of the account of the fort W^ and 

Mary, between Mr. Treasurer and the Captain of the said 

fort, there appear to be due to the Captain of the said fort, 

for himself and soldiers there, to the seventeenth day of 

17 



258 PROVINCE OF NEW-HAMPSHIRE. [1703. 

May last past, including all former orders, thirty pounds, 
seven shillings and four pence. 

Ordered, tliat the Treasurer pay the same forthwith to 
Captain John Hinkes. 

Adj'^ till ten o'clock, tomorrow morning. 



[p. 133.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, by adj*, on Sat- 
urday, the 2<i October, 1703. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, &c., 
John Hinkes, ^ Nath^ We are, \ 

Robert Elliott, > Esqrs. Henry Dow, > Esqrs. 
Peter Coffin, ) Sam^ Penhallow, ) 

Ordered, that Richard Waldron, Esq., and Mr. George 
Jeffrey, inspect the Treasurer's accounts and make report 
to this Board of the balance of said account, to the last 
day of July, 1703. 

Capt. Tuttle's debenter having been read at this Board, 
as upon file, allowed him two pounds, eighteen shillings 
for scouting, and ten shillings for himself, the whole 
amounting to three pounds, eight shillings, and ordered to 
be paid out of the next Province Rate. 

Ordered, that the Treasurer find Provisions according to 
law for the three French prisoners, and also blankets for 
them to lie upon. 



1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 259 

[p. 134.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsm^, on Wednesday, the 
6*^ October, 1703. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, &c., 
John Hinkes, ) -c, Robert Elliott, ) -r^, 

Peter Coffin, j ^^"i''- Sam' Penhallow, \ ^"i'^' 
Henry Dow, Esq. 
The petition of William Bevis, Commander of the ship 
Peace, relating to abatement of powder money, was read at 
this Board, and ordered that he have his clearing to the 
fort, paying 26^^^^ of powder. 

Thomas Packer's debenter, amounting to ten pounds, ten 
shillings, was read, and allowed nine pounds six shillings 
in full thereof, to be paid in course by the Province, for 
entertaining Major General Povey.* 

Mr. Robert Elliott's debenter amounts to twelve pounds, 
seven shillings, six pence, was allowed and ordered to be 
paid in course accordingly. 

The Treasurer's several accounts for the four years last 
past, ending the last day of July, 1703, having been sever- 
ally perused by the Council and Representatives, is allowed 
in Council, and balance of thirty pounds, twelve shillings, 
six pence due to him from the Province thereupon, and 
to have vouches accordingly for the several articles to pass 
his accounts with the Auditor. ' 

The following vote was sent up by the House of Repre- 
sentatives, viz : 

*" Majr. Genii. Povey's Bill for Diet and Lodging, Augt. ye 13th, 1703, Duo to Thomas 
Packer." 

13 Aug., 1703, Maj. Genii. Povy, Dr. 

* £ s. d. 

To 1 pt. wine, egs & bacon, 00 : 01 : 06 

14, to breakfast, 4d., 1 pt. wine, lOd., 5 meales, 00: 10: 00 

To Madara, 2s., Grean* wine, 2s. 6d., 90: 04: 06 

* The above, "Grean," evidently denotes a particular kind or quality of wine, but 
what kind is unknown to the Ed. 



260 



PROVINCE OF NEW-HAMPSHIRE. 



[1703. 



Province of New Hampshire. 

The Representatives in General Assembly convened, 
having had consideration of his Majesty's gracious letter of 
the [p. 135.] 20"^ April, 1703, communicated to them by 
his Excellency the Governor, wherein the Assembly of this 
Province is commanded to take care forthwith to settle a 
stated salary for the Governor, &c., 

Yoted and unanimously agreed, that there be paid to his 
Excellency Joseph Dudley, Esq., our present Governor, a 
salary, yearly, during the time of his government over this 
Province, and not otherwise, — the year to begin from the 
first day of November next ensuing, and to be paid one 
hundred and sixty pounds (as aforesaid) out of tlie impost 
or other public taxes raised in this Province, and that the 
Treasurer or Receiver shall have but six pence in the 
pound for receiving and paying the same. 

By order of the House of Representatives. 

Theodore Attkinson, Clerk. 

6*^ October, 1703 : read at this Board; the Council unan- 
imously consents to this vote relating to the Governor's 



15, to breakfast 4(1., to 5 meales, 10s., 2 qts Grean wine, 3s. 4d., . 00 : 13 : 08 
to 1 qt. Grean, 1 qt. madara, . . 00: 02: 10 

16, to breakfast, >^pt. wine, 5d., to 6 meales, 12s., . . . . 00:12:09 
to madara and Grean wine, 00 : 03 ; 08 

17, to breakfast, 4d., to 5 meales, • . . 00:10:04 

to 2 qts of Grean wine, 00 : 03 : 04 

18, to breakft., 4d., to 3 meales, 10s., Grean wine, 2 qts., 3s, 4d., . 00 : 09 : 08 

19, to break. J 4 meales, 8s., 3 qts. Grean wine, 5s., . . . . 00:13:04 

21, to meales, 4s., 1 qt. wine. Is. 8d., 00:05:08 

22, to breakft., 3 meales, 6s., 1 qt. wine, 13s. 8d., . . . . 00:08:00 

23, to 3 meales, 6s., 3 pt. wine, 28. 6d., 00:09:01 

24, to break., 3 meales, 6s., 3 pt. wine, 2s. 6d., 00:09:01 

25, to break., 4 meales, 8s., 2 qts G. wine, 1 pt. mada., . . . 00 : 12 : 08 
27, to breakf., 4 meales, 8s., 1 botU wine, 00:10:00 

To your man's diet, 00 : 12 : 00 

To your chambr, 6s., yr man's lodging, 2s, 00:08:00 

To kee[)ing yr hors 36 daies & nights, 01:16:00 

To keeping your man's hors 14 daies & nights, 00 : 14 : 00 

£10: 10: 01 
Allowed nine pounds and »ix shillings in full of this Acctt. to bee payd in cours by 
the Province. 



1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 2C1 

salary ; but the Council see not meet to alter the Treas- 
urer's fees. 

Cha. Story, Secretary. 

Vote sent up by the Eepresentatives to this Board, relat- 
ing to the Regulating of several officers' fees, of entering 
and clearing of vessels, as upon file, was read. 

Mr. Samuel Penhallow's debenter, Am^ to 29^^^ : 6' : 7^, 
was read, allowed and ordered to be paid accordingly. 

Mr. Samuel Penhallow's Ace* relating to Powder was 
read, allowed and approved of, as upon file. 

An Act relating to the inhabitants of the Province doing 
military service in equal proportions, and for raising money 
for a stock of provisions to be in each town, ready for such 
soldiers as shall march forth against the enemy, being three 
times read at this Board [p. 136.] and past the House of 
Representatives to be enacted, was assented to by his Ex- 
cellency. 

Adj*^ till the second Tuesday, November next. 



Province of New Hampshire. 

At a Council and General Assembly, held 
by adj* on Tuesday, the 9*^ of Nov^% 1703. 
Present, 
The Honorable John Usher, Esq., Lieut. Governor, 
Robert Elliott, ) -c, Georo-e Jeffrey, ) -r^ 

Peter Coffin, | ^^1^- He.iry Dow, | ^«1«- 
The petition of Capt. Robert Eason was read at this 
Board, commander of the ship Thennett, built in the river 
of Piscataqua, setting forth the said ship's being in the 
Queen's service, and have so been ever since she was built, 
in fetching masts, yards. Bowsprits, &c., out of this river 
for her Maj'ty's navy. 

Prays that he may therefore be considered in being 
abated towards paying the duty and imposition laid upon 
all vessels paying powder, in specie going out of this River, 
&c. 



262 PROVINCE OF NEW-HAMPSHIRE. [1703. 

His Honor the Lieut. Governor was pleased to send for 
the House of Representatives to come to this Board, who 
accordingly came, and his said Honor was pleased to pro- 
rogue them in these words foil. viz. : 

Having received a Letter from his Excellency Joseph 
Dudley, Esq., Commander in Chief and Governor of this 
her Majesty's Province, signifying his desire to prorogue 
you, gentlemen of the Assembly, for another month, de- 
signing to see you : I do therefore, by virtue of the Queen's 
commission, prorogue you, the Assembly of this Province, 
for one month, and in her Majesty's name you are pro- 
rogued. 



[p. 137.] Province of New Hampshire. 

At a Council and General Assembly, held 
at Portsmouth by prorogation, on Tues- 
day, the 7^^ day of December, 1703. 
Present, 
John Usher, Esq., Lieut. Governor, 
Robert Elliott, ) George Jeffrey, J 

Peter Coffin, > Esqs. John Plaisted, \ Esqs. 
Sam^ Penhallow, ) Henry Dow, ) 

Mr. Secretary Story was sent as a Message to call the 
House of Representatives to this Board, who accordingly 
came. His Honor the L* Governor was pleased to make a 
speech to them as foil : 

[p. 138.] A copy of which speech being desired by the 
House of Representatives, was accordingly granted and 
sent down to the House by Secretary Story.* 

The petition of Capt. Robert Eason was read at this 
Board, relating to have some some small abatement of pay- 
ing powder duty, &c. 

A Letter from his Excellency Joseph Dudley, Esq., Gov- 
ernor, &c., was read at this Board, directed to Colonel 

• This speech not to be found. 



1703.] JOURNAL OP COUNCIL AND ASSEMBLY. 263 

Romcr, and dated at Roxbiuy, 22^^ Nov'^'^S 1703, setting 
forth that he desu-cd Col. Ronier to sec the Lieut. Governor 
in Council at his coming away, and acquaint them what 
was done at the fort, and what was a doing, and prayed 
that the order may be sacred, the money for the fort 
untouched, but by said Col. Romer's orders or warrant, &c. 
Col. Romer appearing at this Board, made the following 
speech, viz.: 

May it iilease your Honors^ — I was ordered by his Excellency 
Joseph Dudley, Esq., Governor, &c., for to repair the fort W" 
and Mary, so that it might be secured as a defense from any sur- 
prise, and that the Province of New Hampshire to that end had 
allowed 500'^** in money and 500''^'' in labor, and that they had 
made some progress in it ; but that the severity of the winter had 
obliged them to leave off. And whereas the 500^''^ in money, raised 
by the Assembly, was delivered in all sorts of Provisions to the 
Treasnrer, according to the Act made for that end, but said pro- 
visions not being to be sold for the prices mentioned in said Act, 
but much lower, according to market price ; there was given to 
the Treasurer, by order of the Council, 50^'' abatement, so that 
there remained in the Treasurer's hand but 4501^'' ; that the 500"^^ 
in labor would soon consume the 450"^% and that they had already 
consumed upwards of 26^^% and had not done full eight pounds' 
worth of work, which said Col. Eomer desired this Honorable 
Board to take into serious consideration. 

[p. 139.] 2*^^^. Col. Romer acquainted this Board that it was 
customary in all parts of the world, as Germany, Denmark, Sweed- 
land, Brandenburg, &c., that when the Country or General Court 
to their Prince or King did give or allow any sum of money for 
labor, that then the subjects did take provisions along with them 
for eight or ten days, according to the distance of their habita- 
tions; and then it would be reckoned as money; but it cannot 
here be reckoned so, because if this daily labor so proceed, it will 
soon consume the 450^^^ Therefore by consequence this Honora- 
ble Board may Judge that it is impossible to make a magazine for 
i;)Owder, and lodgings for 50 or 60 men, which I desire this Hon- 
orable Board also to consider seriously of. 

3^'y. Col. Romer further declared at this Board, that he had a 
year ago demonstrated to the Duke of Malbrough, the state and 
condition of this Province, and tliat it was impossible for them to 
make these fortifications, Avhich his late Maj'ty was pleased to 



264 PROVINCE OF NEW-HAMPSHIRE. [1703. 

order should be made ; and that he requested the Duke of Mal- 
brough to take it into his serious consideration. 

And further said that it was now in due season and time that 
this Province should implore the Queen for her assistance; and 
requested that this Board desire his Excellency the Governor, and 
the Honorable the L* Governor, for their concurrence in this 
matter. 

And then Col. Romer took his leave of this Board, in order to 
depart next day for Boston. 

Mr. George Jeffrey's acc"^ as Treasurer from June, 1695, 
to Sep^^', 1696, Am*^ to 925^'' : 14': 7^ and rest due to said 
Jeffrey, to balance 22 : 03 : 11, was read at this Board, 
and he produced his vouchers and receipts for all payments 
therein mentioned ; which was approved and allowed of by 
this Board. 

Adj*^ till to morrow morning, 10 of the clock. 



[p. 140.] Province of New Hampshire. 

At a Council and General Assembly, 
held by adj* on Wednesday, the 8^^ 
Xber, 1703. 
Present, 
The Hon^^*^ John Usher, L* Governor, 
Robert Elliott, ) j. ^ George Jaffrey, 



Peter Coffin, ( ^^^'^^* Sam^ Penhallow, \ ^^^^^* 

John Plaisted, Esq. 

An estimate of the Province Debts, am*' to 450 lbs., was 
sent from this Board to the House of Representatives. 

Mr. Joseph Smith, formerly Treasurer of this Province, 
brought in his acc^*' to this Board from 29^^ Sep^^ 1696, to 
the 23*^ Jan^ 1696-7, and from 9"^ January, 1698-9, to Aug* 
7, 1699, and produced his vouchers and receipts for all 
payments ; and swore to the truth of his acc"% which was 
allowed and approved of. 

Mr. Nath' Hill brought up to this Board from the House 



1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 2G5 

of "Representatives an answer to the L^ Governor's speech 
as foil., viz.: — 

To the Honorable John Usher, Lieut. Governor of her Majesty's 

Province of New Hampshire, the answer of the Eepresentatives 

to the speech your Honor was pleased yesterday to make to the 

Assembly. 

As to her most sacred Maj'ty that now Rightfully sits upon the 
Throne, w^e have had so ample a character from his Excellency, 
the Governor, that we account it the greatest happiness of the age 
we live in to be under the influence and government of so great, 
good and glorious a Queen ; and shall constantly pray that her 
Maj'ty's Reign over us may be long and prosperous, resolving in 
all things to behave ourselves as becomes dutiful and loyal 
subjects. 

As to the frontier garrisons, we believe they may be in some 
danger, but we are not capable of sustaining the charge of sup- 
plying all with soldiers ; besides the committee of Militia in the 
several towns are impowered by law to look after and order those 
affairs. 

[p. 141.] As to her Maj'ty's fort on Great Island, His Excel- 
lency the Governor, seeing the condition thereof, did move the late 
Assembly to take care that it might be made more defensible, who 
accordingly advanced 500 lbs. for that end; and as to men, we 
suppose the present season of the year will in some measure sup- 
pl)'^ that want, there being on Great Island only the fort to do 
duty, and are humbly of opinion that the inhabitants on said 
Island may be sufficient to supply said fort with men for watch- 
ing and warding, and not be burthened near so much as other 
places in this Province is ; and for the want of powder, our agent, 
Major W" Vaughan, vras instructed to address her Maj'ty on our 
behalf for a supply, from whom we have yet had no perfect 
account of that matter. 

As to the Treasurer's acc"% we had them lately laid before us by 
order of his Excellency, and have continued an Act for laying a 
Duty on lumber, &c., for another year; which we hope by the 
year's end will pay our Debts, and answer the necessary charges 
arising the mean time. And lastly, as to addressing her Maj'ty 
for a company of soldiers, &c., for the fort, we say, his Excel- 
lency the Governor, having been lately among us, and well 
acquainting himself with the state of the Province, fort, and all 
things concerning the same, we have prayed His Excellency to 
represent our state and wants at large: And pray her Maj'ty's 



266 PROVINCE OF NEW-HAMPSHIRE. [1703. 

favorable relief, which we presume is already done, or will be 
done by these ships: so need not give your Hon'" any further 
trouble therein; but always acknowledge your Hon''^ favor and 
kindness, wherein you are disposed to promote the good and wel- 
fare of this her Maj'ty's Province. 

December S^^, 1703. 

Passed by the House of Representatives. 

Saml. Thing, CI. 

His Hon'" the L* Governor required at this Board an 
ace** of what Major Yaughan, the agent for this Province, 
had done for this Province in England, relating to their 
addressing her Maj'ty for a supply of powder, &g. 

This Board declared they have no ace" from said Major 
Vaughan relating thereto. 

[p. 142.] Ordered that Wednesday, the 29^^ instant, be 
set apart as a Thanksgiving day, &c., throughout this Prov- 
ince, for all mercies daily received, &c.; and that Mr. 
Samuel Penhallow, Mr. Nathaniel Rogers, minister, and 
Mr. Secretary Story, draw up proclamations accordingly. 

Adj'^ till to-morrow morning 10 of the clock. 



Province of New Hampshire. 

At a Council and General Assembly held at 
Portsm"" by adj* on Thursday, the 9"' day of 
December, 1703. 
Present, 
The Hon''^° John Usher, Esq., Lieut. Governor, 
Peter Coffin, | ^^^^.^^ Sam' Peiihallow, | j^^^^.^^ 



George Jeffrey, ) ^ ' Henry Dow, 
John Plaisted, Esq. 

Mr. Nath^ Hill brought up the petition of Capt. Robert 
Eason to this Board from the House of Representatives, 
with a vote that he pay two barrels of powder for this 
voyage. 

Consented to by the Council, and ordered that the Secre- 
tary make out an order to the Treasurer accordingly. 



1708.] JOURNAL OF COUNCIL AND ASSEMBLY. 267 

Mr. Secretary Story was sent as a message by the L* 
Governor to the House of Representatives, in order to 
deliver in writing to that Board these foil, words, viz. : 

Pursuant to her Maj'ty's instructions, whereas there is 
no power given in her Maj'ty's commission to execute mar- 
tial law in time of peace, upon soldiers in pay l)y her 
Majesty ; I therefore recommend to you, the Assembly, 
(that if not already done) you prepare such Act or Law 
for the preserving of good discipline amongst soldiers that 
the same may be sent home to her Majesty. 

John Usher, U Governor. 

[p. 143.] It appearing in the Treasurer's acc"^ in the 
year 1701, that he paid Lieut. Governor Partridge, per 
order, being voted as part of his disbursement for said 
Province, 100 lbs., Mr. Secretary Story was sent down to 
the House of Representatives to know whether they have a 
particular account of Mr. Partridge's disbursement am° to 
the said 100 lbs. 

The House of Representatives say they have no acc"^ of 
Mr. Partridge's disbursements about the 100 lbs., <fec. 

Ordered, that Henry Dow, George Jeffrey and Joseph 
Smith, Esqrs., formerly Treasurers in this Province, be 
allowed .five pounds per cent, for paying and receiving, 
having produced their acc^*' at this Board, and fairly dis 
charged themselves of their payments by sufficient vouches 
and receipts, having not formerly taken out their warrants 
from the Governor or Lieut. Governor for payment of said 
five pounds per cent. 

Adj'^ till two of the clock post Merediem, to-morrow. 



268 PROVINCE OF NEW-HAMPSHIRE. [1703. 

[p. 144.] Province of New Hampshire. 

At a Council and Gen" Assembly, held by 
adjourn* on Friday, the 10*^ Xber, 1703. 
Present, 
George Jeffrey, ) ^ Sam^ Penhallow, ) y 

Henry Dow, j ^^^^* John Plaisted, \ ^^^^• 
The House of Representatives sent up to this Board a 
vote in answer to what the Honorable the Lt. Governor 
sent down to that house in Writing, intimating to them to 
prepare an Act or Law for the punishing of mutiny, deser- 
tion and false musters, relating to soldiers in pay by her 
Majesty (vote as foil.), viz : 

Voted, the Assembly are humbly of opinion that the 
military laws of the Province are full and sufficient to 
punish offenders, according to the discretion of the Com- 
mittee of militia. 

Past by the House of Representatives. 

Sam^ Thing, Clerk. 
Mr. Henry Dow, formerly Treasurer of this Province, 
brought in his acc"^ to this Board as Treasurer, from the 
16*^^ May, 1694 to the 16"^ May, 1695, am« to 18b'''': 7^• 8^ 
and balance due from him to her Majesty, l^*" : 9^ : 11^, and 
produced sufficient vouches for all payments, &c,, and gave 
his oath to said account ; was then allowed and approved of. 
Adj** till to-morrow morning, 9 o'clock. 



[p. 145.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsm'', by adj*, on Satur- 
day, the 11*^ December, 1703. 
Present, 
The Honorable John Usher, Esq., Lieut. Governor, 
Robert Elliott, ) John Plaisted, ) -^ 

George Jeffrey, > Esqs. Henry Dow, ) '^ * 
Sam' Penhallow, ) 

Mr. Secretary Story was sent to the House of Represen- 



1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 269 

tativcs to ask of them if tlicy had anything to offer to this 
Board, who answered they had nothing. 

Mr. Secretary Story was sent as a messenger to call the 
House of Representatives to this Board, who accordingly 
came, and his Hon'' the Lieut. Governor was pleased to de- 
clare unto them as foil., viz : 

Gentlemen, — 

In my speech laid before you the true state of the Pi'oviiicc and 
the condition of her Majesty's fort, recommending to your care 
the raising of money for securities and defense thereof: in your 
answer thereto are x)leased to intimate there are acts for duties 
Uxid which you judge will pay the Debts and answer the neces- 
sary charge. 

Those Acts are given for other ends and uses. Judge will not 
answer those ends for which it's made and the money raised by 
those acts must only be applied to thQ ends for which it's granted. 

You likewise say the laws of the place have made provisions 
for security of the Province, and his Excellency hath represented 
the state thereof home. 

I laid before you the Province was in Debt above 450''', and 
daily charges doth arise ; that there was absolute need of soldiers 
at her Majesty's fort and some of the frontier Garrisons ; if either 
suffer by want of supplies I have quitted myself. 

His Excellency having given notice that the several Treasurers' 
accounts, from the year 1694, be prepared to be sent to [p. 146.] 
England; The several accounts from 1694 to January, 1696, by 
the several Treasurers, hath been laid before the Council with 
their vouches and receipts, and how and to what end the reve- 
nues hath been applied. 

There hath been in Major Vaughan and his successor's time 
paid to W'" Partridge, Esq., 867"'^• 2«: 6"^, for which there is no 
ace" of particulars of disbursement, and that ought not to be 
allowed. 

As to the SOO"*^ paid, your agent do find that he has not given 
any account either to the Council or Assembly of any proceedings 
of his in England for account of the public. 

I have not only been informed of the condition of the Province, 
but have visited it and seen the condition thereof, and I doubt not 
but the Governor hath truly represented the same, and I shall by 
these masts ships second it likewise to her majesty. 

In the mean time shall take care of her majesty's fort as shall 
think proper. 



270 PROVINCE OF NEW-HAMPSHIRE. [l'J'04. 

Gentlemen, you are dissolved, and in her Majesty's name do 
dissolve yon. 
So far gone for England. Xber, 1703. 



[p. 147.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsmouth on Tuesday, the 
8^^ February, 1703. 
Present, 
John Hinkes, Esq., President, 
George Jeffrey, ) ^ John Plaisted, ) ^ 

Samuel Penhallow, ( ^^^^' Henry Dow, j ^^^^• 
Assembly men's names. 
Hampton. Portsm*'. 

Mr. Tho. Roby, Capt. Jno. Pickerin, 

Mr. Gershom Elkins, Capt. Mark Hunkin, 

Mr. Sam^ Shaw. Mr. Sam^ Keais. 

Exeter. Dover. 

Mr. Samuel Levett, Capt. Jno. Woodman, 

Mr. Samuel Thing. D W^^ Furber, 

U Nath^ Hill. 
Newcastle. 
Mr. Wm. Wallis, 
Mr. Wm. Seavy. 
The above said persons being of the House of Represen- 
tatives took the oaths appointed by law instead of the oaths 
of allegiance and supremacy, and subscribed and declared 
the test and Declaration, and then were ordered to choose 
their speaker and present his name to this Board ; and so 
departed. 

The whole House of Representatives came to this Board 
and presented Captain John Pickerin as their Speaker. 

This Board thought fit to accept of Capt. John Pickerin, 
Speaker of the House of Representatives, and desired the 
said Representatives to consider of the state of the Prov- 



1704.] JOURNAL OF COUNCIL AND ASSEMBLY. 271 

ince, and what other business they had to go upon to pre- 
pare and make ready the same, to present to his Excel- 
lency, Joseph Dudley, Esq., our Governor, who would be 
with them in two days. 

Adj'^ till 10 o'clock next Tliursday, ante merediem. 



[p. 148.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsmouth, by Adj*, on 
Thursday, 10"^ of February, 1703. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, <fec., 
The Hon^^® the Lieut. Governor, not as a member, &c., 
Peter Coffin, ) ^. Sam^ Penhallow, ) ^ 

George Jeffrey, \ ^^^^^* John Plaisted, \ ^^'^''^' 

Henry Dow. 
The House of Representatives being sent for came up to 
this Board, and his Excellency made the following speech : 

Gentlemen: — 

The public service has brought me hither, and I was not willing 
to be in the Province without seeing an Assembly, that I might 
offer you what I Judge necessary for her Majesty's service, and 
the good of the Province, and might receive from you the present 
state of your affairs. 

I am glad that notwithstanding the trouble with the Indians, no 
part of this Province has had any impression from their barbarous 
hands ; and I am the more sensible of the Gentlemen's service that 
have assisted me in the raising the volunteers now sent out, which 
are truly every fourth man fit to march in this Province, which I 
shall, as is my duty, humbly represent to her Majesty. 

As soon as is possible I shall order the incidental charges for 
their advance be laid before you; and the Treasurer very justly 
presses me to desire you will raise what is proper to pay your en- 
gagements and Debts ; and a just induction to you so to do, is that 
nothing has been raised in this Province by a tax this year, when 
your neighbors pay 12 or 15 single rates for the necessary service 
of the year. 

I have also to communicate to you her Majesty's commands, re- 



272 PROVINCE OF NEW-HAMPSHIRE. [1704. 

ferring to the fort at New Castle, that it be perfected iu all points; 
the date of these letters will allow you to suppose that the 
Account of your grant of 500^^^ for that service was not come to 
hand ; however I am bound to communicate that Letter, and it 
will give you a good demonstration of her Majesty's care of the 
preservation and security of her good subjects here residing ; And 
also encourage you in what is further wanting in that service to 
do your duty as there shall be occasion. 

[p. 149.] I think it also proper to acquaint you with her Maj- 
esty's commands, which I have received referring to Mr. Allen's 
Title to the w^aste [lands?] of this Province, as the same is con- 
veyed to him from the heirs of Mr. Mason, and to acquaint you 
that nothing will more tend to your quiet and repose, nor to her 
Majesty's just satisfaction referring to this Province, than to have 
an amicable and quiet issue in that matter. 

The last Judgement upon the appeal makes you sensible of her 
Majesty's equal administration of justice to all her good subjects; 
and I desire your regaiard to her Majesty's directions in what 
remains, which may give a like instance and satisfaction of your 
obedience. 

I have also to recommend to you what the L* Governor has 
already offered to the Council, that Lodgings may be provided for 
him on the Great Island, near the fort, until he may have a lodging 
in the fort itself, which will be most proper; — it can amount but 
to a small matter by the year, and will show your respects to the 
Government. 

His Excellency also communicated to the said House of 
Representatives a Letter from her Majesty, relating to Mr. 
Allen's Title about the wastelands of this Province, as also, 
another Letter from her Majesty, relating to the inhabitants 
keeping the fort William and Mary in good defence, &c. 

Thomas Holland's petition relating to his being divorced 
from his wife Elizabeth was read at this Board, and sent 
down to the House of Representatives with the opinion of 
the Council, that considering the said Elizabeth had owned 
her adultery and other allegations in said petition, that the 
said petitioner be acquitted from allowing said Elizabeth any 
maintenance, and she be separated from his Bed and Board. 

Petition on file and entered in the next Council day. 

Ordered, that Col. Thomas Packer be paid out of the 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 273 

Treasury one pound six sliillings seven pence for entertain- 
ing two men which came post for her Majesty's service. 



[p. 150.] Province of New Hampshire. 

At a Council and General Assembly held 

at Portsmouth by adjournm* on Friday 

the 11"^ February, 1703. 

Present, 

His Excellency Joseph Dudley, Esq., Governor, <fcc., 

The Honorable the L* Governor, not as a member, &c., 

Peter Coffin, ) -c,^^ ^ Samuel Penhallow, ) -r, 

^ Esqrs. T , ^ pi,;,f.^ ' Esqrs. 



George Jeffrey, j ^ * John Plaisted 
Henry Dow. 

Thomas Packer's debenter, am" to two pounds, one shil- 
ling and sixpence, for entertaining the Major General, was 
allowed and ordered to be paid in course out of the next 
Province Rate. 

Thomas Packer's debenter, am" to four pounds, fifteen 
shillings and eight pence, for entertaining the Honorable 
John Usher, Esq., L* Governor, 22*^ October, 1703, was 
allowed and ordered to be paid, Ut supra. 

Ordered, that Thursday next be kept as a day of Fasting 
and Prayer throughout this Province ; humbly to implore 
the Divine favor and Blessing upon her Sacred Majesty's 
life, and prosperity to her Arms and the Arms of the Con- 
federates against the Great Oppressor of the liberties of 
Europe, and also to pray the favor of God for the preser- 
vation of this Province and the good success of the forces 
now gone against the Indian Rebels, and all ministers and 
people are strictly enjoyned to observe the same accordingly. 

Samuel Penhallow, Esq., his debenter, am" IP": 14": 00*^ 

for utensils for soldiers marching forth against the Enemy, 

&c., and for maintenance of French Prisoners, <&c., as upon 
18 



274 PROVINCE OF NEW-HAMPSHIRE. [1704. 

file, was read and allowed and ordered to be paid in course 
out of the next Province Rate. 

[p. 151.] The petition of John Cross and James Phillipps 
are referred to next Council day to have a hearing, by 
reason Mr. Hinkes hath not had due notice to answer said 
petition ; and that said Mr. Hinkes be ordered forthwith to 
pay the petitioners what money shall be found in arrears to 
them, and that Mr. Hinkes deliver to the Treasurer the 
Order of Thirty pounds or upwards, which the Treasurer 
says he hath paid ; And that the Secretary give notice to 
Mr. Hinkes to attend next Council day. 

Ordered, that the select men of Dover be summoned to 
appear next Council day to shew cause wherefore the town 
of Dover should not pay five pounds, eight shillings to the 
Treasurer for the defect of Constable Crockett ; the Treas- 
urer calling for said summons. 

Mr. Hill, one of the House of Representatives brought 
up an answer to his Excellency's speech, in hsec verba, viz : 

May it please your ISxcellency, — 

The Rex)resentatives of this Province have duly considered 
what your Excellency has laid before them, and are always glad 
when they may attend jow in General Assembly ; being sensible 
of your great care to her Majestj^'s service and the good and wel- 
fare of this Province, we humbly thank God for our preservation 
hitherto during the late and i^resent Trouble, and attribute much 
to your constant care and solicitude for ns ; and what the Gentle- 
men here have done to your assistance in raising volunteers is no 
less acceptable to u§ than your Excellency, And we thankfully 
accept your assurance that it shall be well represented to her 
Majesty. 

As to the supply of the Treasury for the payment of Debts, the 
time of year draws near when the Revenue arising by a duty on 
lumber will show itself ; and we assure your Excellency if that 
shall fiill short at the year's end, we shall account the Province 
Debts our own, and take eifectual care for payment of whatever 
appears justly due; As to the Great Taxes your Excellency is 
pleased to intimate has been this year laid upon our neighbors of 
the ISIassachusetts ; AVc presume it has been i)rincipally occasioned 



1704.] JOURNAL OF COUNCIL AND ASSEMBLY. 275 

by the War, iiud your Excellency may please to know Ave luive 
taken care to support that charge by having our men always ready 
with sufficient subsistance for so many as at any time your Excel- 
lency sliall see cause to command forth against the i)rescnt enemy. 
We are sensible your Excellency is not ignorant of our poverty by 
[r. 152.] v>iiich Ave are disabled raising the necessary fortification 
for this port, and that the 500"^^ raised bears some proportion to 
our present ability, and hope the Province Avill always do their 
utmost for their own i)reservation ; and humbly pray that you will 
further represent the matter to her Majesty, that by some means 
we may be assisted in that Great charge, and that great Ordinance, 
arms and ammunition, may be supplied to us. 

As to what your Excellency has been x)leased to communicate 
to us of her Majesty's commands referring to Mr. Allen's title to the 
waste of this Province, we humbly represent and pray of your 
Excellency that it may be laid before her most sacred majesty, 
that we are very sensible of her Majesty's princely regard and jus- 
tice to her most dutiful subjects of this Province, in the last trial 
between Mr. Allen and Mr. Waldron, which has for ever obliged 
us to a sense of and resolution in our duty and obedience to her 
majesty ; that this Province is at leasty sixty miles long and twenty 
miles wide, containing 1200 square miles, and that the inhabitants 
have only claim to the property of such land as is contained Avith- 
in their town Bounds, which is less than one third i)art of the 
Province, and has been possessed by them and their ancestors for 
more than sixty years, but have nothing to offer as a grievance if 
the other two thirds be adjudged to Mr. Allen, but shall be glad 
to see the same planted and settled for the better security and de- 
fense of the whole,* with all humbly desiring it may be con- 

* In accordance with the above expressed opinion, ''on the 3d of INIay, 1705, the In- 
habitants and Terre-Tenants of the Province, at a general meeting held at Ports- 
mouth, came to the following resolution with respect to Mr. Allen's title : 

"That they had not on behalf of themselves, nor any of the Inhabitants of this 
Province, any challenge or claim to any part of this Province, extra the bounds of 
the four Towns of Portsmouth, Hampton, Dover and Exeter, with the Hamlets of 
New Castle and Kingstown, &c., appertaining which were all comprehended by a 
Line, on the western i)art of Dover, Exeter and Kingstown, already known iiml laid 
out, and should be forthwith revised; but that the said Samuel Allen, E?q., his heirs 
and assigns might peacably hold and enjoy the said Great AVaste, containing 40 miles 
in length and 20 miles in breadth or thereabouts, at the heads of the four Towns afore- 
said, if so should please her Majesty; and That the Inhabitants of this Province at all 
times should be so far from giving interruption to the settlement thereof, tliat they 
declare on their behalf and by the power given them that they desire by all means 
that the AA^aste might be planted and filled with Inhabitants, the lands being very ca- 
pable thereof, to whom they would all give their assistance and encouragement as far 
aa they were able. 



276 PROVINCE OF NEW-HAMPSHIRE. [1704. 

sklered hovr much time, blood and Treasm-e has been i?pent to 
settle and defend tliis part of her Majesty's Dominion in New 
England, and that the cost and labor bestowed thereon far ex- 
ceeds the present true value of the land, so that we humbly hope 
her majesty's intention is not to take of all the herbage, timber 
and fuel from the inhabitants, without which they cannot subsist ; 
and less than the bounds of their present towns, which were but 
four in number until of late two were divided, will not give feed 
for their cattle, and timber and fuel necessary. It being not 
usual in those i)lantations to fence in much more of their land 
than serves for tillage, leaving the rest unfenced for the feed of 
their cattle in common, we are well assured of her majesty's gra- 

" That in case Samuel Allen should for himself, his heirs, executors, <S:c., for ever 
quit-claim unto the present Inhabitants, their heirs and assigns, for ever, of all that 
Tract of laud and every part and parcell thereof, with all privileges, &c., situate, ly- 
ing and being within the severall Towns of this Province, to the extent of the bounds 
thereof, and also warrant and defend the same to the Inhabitants against all manner 
of persons whatsoever, free from mortgage, intailment and all other manner of In- 
cumbrances; and that this agreement and the lands therein contained should be ac- 
cepted and confirmed by her Majesty, then, and in such case they agree to lot and lay 
out unto Samuel Allen, his heirs and assigns forever, five Hundred acres of land out 
of the Township of Portsmouth and Kew Castle ; 1500 acres out of the Township of 
Dover; 1500 acres out of the Township of Hampton and Kingstown, and 1500 acres 
out of the Township of Exeter, all which Lands should be laid out to him the said 
Samuel Allen, out of the Commonage of the respective Towns in such place or places, 
not exceeding three places in a Town, as should be most convenient to Mr. Allen and 
least detrimental to the Inhabitants of the Town. 

"And further they agree to pay Samuel Allen, his heirs or assigns, two thousand 
Pounds current money of New England, that is to say, one thousand pouiids within 
twelve months after the receipt of her Majesty's Confirmation of this their agreement 
and the otlier thousand pounds within twelve months after the first payment. 

"And further that all contracts and bargains formerly made between Mr. Mason 
and Mr. Allen with any the inhabitants or other her INIajesty's subjects, which were 
bona fide for lands or other privileges in the possession of their tenants in their own 
just Right, besides tlie claim of Mr. Mason or Mr. Allen, and no other shall be ac- 
counted good & valid by these articles; But if any the purchasers, lessees or Tenants 
should refuse to pay their just part of what should be agreed to be paid, refer- 
ring to this afRiir, in equal proportion with the rest of the Inhabitants according to 
the land they hold for, tiieir share should be abated by Sir. AUeu out of the two 
thousand Pounds payable to him by this agreement. 

" And further that upon Mr. Allen's acceptance and under writing of these articles, 
they promised to give good personal security for the jiayment abovesaid. 

•' And further that all actions and suits in the Law depending or thereafter to be 
brouglit conserning the premises shouhl cease, determine and be void, untill her Majes- 
,ty!s pleasure sliould be further known therein." 

[The foregoing cojued from a MS. Report of the Lords of Trade, to King George II,, 
in Secretary's Office. To which is added: 

"These Propositions having been finally settled and agreed to, were ordered to be 
presented to Mr. Allen for his acceptance, but his death, which happened on the next 
day, prevented it. "] 



1704.] JOURNAL OF COUNCIL AND ASSEMBLY. 277 

cious regard to all lier good subjects of this Province, and lmml)iy 
prostrate ourselves at lier feet in this afTair of so great concern- 
ment to us. 

As to the providing lodgings for the Lieut. Governor, our pov- 
erty is such that we are not able to do what is necessary for our 
own preservation and defense; However, if your Excellency sees 
meet to api)oint two of the Council, we will nominate two of this 
House to join with them as a Committee to consider that matter 
and make report to the next session of the Assembly. 

[r. 153.] We only further humbly pray your Excellency that you 
will please to continue your care of us as hitherto, that we may 
not be insulted by the enemy, and that our principal gentlemen, 
such as the Judges, Justices of the Peace and other persons of the 
best account amongst us, may not be exposed as i^rivate sentinels, 
and sent out upon the scout in a small number after the enemy, 
as some have lately been In your Excellency's absence, to the 
great hazard of their lives without any i;)rospect of service to her 
Majesty. February, 11, ITOo-l. 

Past by this House, Mark Hunking, Clerk. 

Ordered, That Robert Elliott and George Jeffrey, Esqs., 
be appointed a Committee to join with two of the House 
of Eepresentatives, viz : Mr. Mark Hunking and Mr. Sam- 
uel Keais, to consider of a House for the accomodation of 
the Honorable John Usher, Esq., Lieut. Governor, and to 
make report to the next session of the General Assembly. 

Ordered, That George Jeffrey and John Plaisted, Esq., 
be a Committee to audit accompts of the Tanners, Curriers, 
Shoemakers, (fee, and make report to his Excellency. 

[p. 153.] Province of New Hampshire. 

The petition of Thomas Holland. 

To his Excellency, Joseph Dudley, Esq., Capt. General, Governor 
and Commander in Chief of her Majesty's Province of New 
Hampshire, and to the Honorable The Council and Represen- 
tatives Convened in General Assembly for said Province, at 
Portsmouth. 
The humble Petition of Thomas Holland, now resident in said 

Province, mariner: 
Slieweth : — 
That your petitioner was married to Elizabeth Very [?] of Dept- 

ford, at Southwark, iu the kingdom of England, in the vear of 



278 PROVINCE OF NEW-HAMPSHIRE. [1704. 

our Lord, 1692, and since that hath lived in a state of marriage 
with her, the said Elizabeth, about seven years, in which time 
she bore him three children, and then she went from hence to 
England, where she remained about two years ; all which time 
your i^etitioner continued here in New England, being employed 
in his late Majesty's service as purveyor for the navy of England, 
and all that time did not see the said Elizabeth his wife, who re- 
turned from England in the Ship Hope, Aaron Everdon, Com- 
[p. 154.] mander, in the year 1700: And about three weeks after 
her arrival, she, the said Elizabeth, was delivered of a living 
daughter and was thereupon convicted before her Majesty's Lieu- 
tenant Governor and Council in this Province, and she publicly 
owned her adultery and the child borne of her body, since which 
time she hath taken no method to your petitioner's satisfaction, 
so as to i^rocure in him a belief of her amendment, but rather 
gives cause to susi^ect she persists in a lewd course of life. 

^Yherefore your petitioner most humbly prays your Excellency 
and tliis honorable Assembly, that you will please to grant liim a 
Divorce from his marriage with the said Elizabeth, or such separa- 
tion as may acquit him from her further challenge and main- 
tenance, that he may be ca^^acitated to go about his business with 
alacrity and maintain his poor children, of whom he is willing to 
take effectual care according to his ability. 

And your petitioner, as in duty bound, shall ever pray, &c. 

Tho: Holland. 

Said petition was read in the Council Board, 10*^ instant, 
and sent down to the House of Representatives with the 
opinion of the Council ; viz., That considering the said 
Elizabeth had owned her adultery and other allegations in 
said petition, that the said petitioner be acquitted from 
allowing said Elizabeth any maintenance, and she be sep- 
arated from his Bed and Board. 

This day said petition was brought up to this Board with 
the following vote annexed thereto from the House of 
Representatives, viz : 

Yotcd, That the Assembly doth acquiesce in what the 
Governor and Council hath done as to the above petition, <fcc. 

This Court having had consideration of said petition, and 
having seen the examination of the said Elizabeth Holland 



170-i.] JOURNAL OF COUNCIL AND ASSEMBLY. 279 

and her confession as the same is alledged in the petition 
from the ministers of the Council of this Province, Do 
thereupon order and determine that the said Elizabeth 
Holland be and is hereby separated from her said husband, 
Thomas Holland, a mensa et a tJioro ; and the said Thomas 
Holland discharged from any further care or provision for 
her, the said^ Elizabeth's, [p. 155.] maintenance or sub- 
sistence, he. having never received any thing as a marriage 
portion with her, more than her clothes, and she being now 
eloined* from him ; the said Thomas Holland having also 
engaged to this Court to take a just care of his three 
children borne of her body, daring their cohabitation 
together, and that the secretary exemplifies the same under 
the seal of this Province with his attest. 
P. Order, &c. 

Exemplification upon the ahovesaid Order about TJiomas 

Holland. 

[p. 155.] Province of New Hampshire in New England. 

By his Excellency Joseph Dudley, Esq., Governor and" 

Commander in Chief in and over her Majesty's said 

Province, the Honorable her Majesty's Council and 

[seal.] Eepresentatives Convened in General Assembly the 

eighth day of February, Anno Domini, one thousand 

seven hundred and three, and continued by adjm^ 

until the eleventh day of said month of February : 

This Court having had consideration of the petition of ISlv. 

Thomas Holland, setting forth that he was married to Elizabeth 

Verry [ ?] of Deptford at Sonthwark in the Kingdom of England in 

the year of our Lord one thousand six hundred ninety and tvro, 

and since that hath lived in a state of marriage with her, the said 

Elizabeth, about seven years ; in v.diich time she bore liim three 

children ; and then she w^ent from hence to England, where she 

remained absent Uyo years, — all which time, he the said Thomas 

Holland continued here in New England, being employed in his 

late Majesty's service as Purvej^or for the Navy of England, and 

* Separated. 



280 PEOYINCE OF NEW-HABIPSHIRE. [1704'. 

all that time did not see the said Elizabeth his wife, who returned 
from England in the ship Hope, Aaron Everdon, Commander, in 
the vear one thousand seven hundred, and about three weeks after 
her arrival, she the said Elizabeth was delivered of a living 
daughter, and was thereupon convicted before her Majesty's 
Lieutenant Governor and Council in this Province, and she pub- 
licly owned her adultery and the child borne of her body ; since 
which time she hath taken no method to the said Thomas Holland's 
satisfaction, &c. ; And having seen the Examination of the said 
Elizabeth Holland and her confession, as the same is alledged in 
the petition from the Minutes of Council of this Province, Do 
thereupon order and determine that the said Elizabeth Holland be 
and hereby is separated from her said Husband, Thomas Holland, 
a Ifensa et a Thoro, and [p. 156.] the said Thomas Holland dis- 
charged from any further care or provision for her the said 
Elizabeth's maintenance or subsistence ; he having never received 
any thing as a marriage portion vdth her more than her clothes, 
and she being now eloined from him ; The said Thomas Holland 
having also engaged to tliis Court to take a just care of his three 
children, borne of her body during their cohabitation. In Tes- 
timony whereof we have caused the seal of her Majesty's Province 
id be hereunto affixed, the eleventh day of February, in the second 
year of her Majesty's Reign; Annoque Domine, 1701. 
8"^ March, 170|. Per Order of his Excellehcy and 

Served a true copy Council, 

of the above, by delivering Chas. Story, Secretary, 

the same to the above 
named Elizabeth Holland andj 
showing her the original. 
P. Chas. Story, Secretary. 

Ordered, That all petitions presented to this Board shall 
pay to the Secretary live shillings, and for an order there- 
upon five shillhigs, except the petitioner be a member of 
the Council or Assembly, or that tha Governor or Com- 
mander-in-Chief in Council give order to tlie contrary. 

His Excellency departed for Boston about four of the 
clock this afternoon, his Honor the Lieut. Governor taking 
liis place. 

Ml". Jolin Campbell, post master General, his account 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 281 

being read at this Board, am^ to 2P 4' 0*\ for liis trouble 
and charges in sending forward his Excellency's Letters to 
Roxburj at all hours and seasons in the night, and for 
sending to and from Piscataqua extraordinary expresses as 
per account on file, dated the 8*^ February, 1703-4, allowed 
fourteen pounds in full of said account, and ordered to be 
paid in course by the Treasurer out of the next Province 
Rate. 

His honor the Lieut. Governor was pleased to send Mr. 
Secretary Story for the House of Representatives to come 
to this Board, who accordingly came, and he then acquain- 
ted them that by his Excellency's order he prorogued them 
till Tuesday the 4^^^ day of April next ; and accordingly they 
were prorogued till Tuesday, the 4"^ day of April next, 1704. 

Council adj'^ till Thursday the 24^^ instant, at 10 o'clock, 
ante merediem. 



[p. 157.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, by Prorogation, 
on Wednesday the 24*^ May, 1704. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, &c., 
The Hon"^^*^ the L* Governor, 
Robert Elliott, ) George Jeffrey, ) 

Nath^ Weare, i Esqs. Sam* Penhallow, > Esqs. 

John Gerrish, ) John Plaisted, j 

Henry Dow, Esq., 
The Honorable the Lt. Governor having acquainted this 
Board that there are several families within the Bounds of 
this Province next adjoining to Salisbury, and to ascertain 
them to be within this Province he run the line some years 
since, having given notice to the Government of the Prov- 
ince of Massachusetts, who refused to attend^': 

Ordered, That the said several farmers and families be 
assessed to the Province Tax, and it be collected by the 



282 PROVINCE OF NEW-HAMPSHIRE. [1704. 

Constables of Hampton, and that the Province of the Mas- 
sachusetts be notified of this order, and that the Council is 
willing at any appointed and agreed time to run the Line 
and submit it to a - - - - and a Committee of both 
Governments, and that the commanders of the militia also 
do their duty in the military Government of the inhabitants 
abovesaid. 

Upon Col. Romer's remonstrance of the 24*^' May, 1704, 
given the Governor, he was heard at this Board, and all 
just satisfaction done him by the Governor and the Board 
in his reputation and service, and every body ordered to 
attend him in the service. 

Mr. Ellott and Mr. Jeffrey representing to this board that 
whereas they were directed to join with two of the gentle- 
men of the Representatives for procuring a House for the 
reception of the honorable the Lieut. Governor, who accord- 
ingly appointed a time and met, but the said gentlemen re- 
fused to do anything therein. 

The Secretary was sent as a message to call the House 
of Representatives to this Board, who accordingly came, and 
his Excellency made the following Speech in licec verba, viz. : 

Gentlemen : — The last time I met yon I acquainted you with the 
state of the Treasury, and your debts and engagements ; and had 
your answer, That if the Impost did not amount you would as 
you ought take effectual care for the discharge of the Debts, and 
for the necessary incidental growing charges, which I must ex- 
pect be now immediately done. The Treasurer lays before you 
your Dehts, and the Receiver the accounts of the Impost ; tliere 
remains but two months of the year in which time what ever is 
received sliall be duly accounted for. 

I desire you will grant what is necessary for a just discharge of 
your engagements, and that you will continue the impost and du- 
ties for the growing charge, which shall be with all thrift ex- 
pended ; and you are encouraged so to do for that the price of 
Lumhor will now much better bear it than last j'car ; and I nuist 
desire you to do it now that it may not fail, because I cannot pos- 
sibly be here just at that season when that Act will expire. 

I am sure every member of the Assembly is sensible that all 



1704:.] JOURNAL OF COUNCIL AND ASSEMBLY. 283 

due care lias been taken in her Majesty's sendee here that your 
Debts are justly contracted, and I cannot further jiroceed in any 
affair without a discharge of what is past, which you will there- 
fore grant by a tax to be paid out of the Province in such propor- 
tion as is usual. 

In obedience to her Majesty's Command Col. Homer is refonn- 
ing the fort on Great Island, and I must acquaint yon that for the 
four months next coming I cannot have less than twelve men at 
that place to support the watches, lest we be surprised, and in 
case of any invasion I have given strict orders to all the forces of 
both the Provinces to repair thither for its defence. 

What's necessary for the L* Governor and the forces under Mm 
who have the charge of the Fort ought to be supplied, or the ser- 
vice w^ill not go forward. 

I am glad in these hazardous times that I can meet you with 
any safety and that your frontiers have been hitherto preserved, 
notwithstanding the daily scouting of the enemy around the 
Province who have had the advantage in other places by the neg- 
ligence of the watches in several parts. I shall continue to do 
what in me lies that you may be well guarded, and hope that 
every body will do their duty in their station. 

Adj^ till to-morrow morning, nine o'clock. 



[p. 159.] Province of New Hampshire. 

At a Council and General Assembly^ 
held by adj*, on Thursday, the 25*^ 
May, 1704. 
Present, 
His Excellency, Joseph Dudley, Esq., Governor, (fee, 
Robert Elliott, J Natli^ Weare, ^ 

Peter Coffin, > Esqs. Sam^ Penhallow, > Esqs. 

John Gerrish, ) Jno. Plaisted, J 

Henry Dow, Esq. 
Mr. Secretary Story his debenter for service as Secretary 
from the IT^^ May, 1703, to 17*^ May, 1701, for his salary 
and other service, &c., being sent down to the House of 
Representatives and by them approved of, was allowed of 
at this Board, amounting to 46^^% 19% and ordered to be 
paid out of the 700^^^ Rate. 



284 PROYINCE OF NEW-HAMPSHIRS. [1704. 

Upon complaint of the Treasurer that Constable Crockett, 
about three years ago, having collected a Rate in Dover fell 
short of paying the Treasurer five pounds eight shillings, 
which he hath paid and disbursed since, and said Constable 
is dead, and left no estate, 

Ordered, that there be 5^^ 8^ O'^ added to the next Prov- 
ince Rate for Dover Town, for reimbursing the Treasurer 
the said sum of 5^^ 8^ 

That in consideration of the honorable service done the 
Province hj Major Hilton, Capt. Davis, Capt. Chisley and 
Capt. Gihnan, in the late expedition, Ordered that they be 
l^resented severally : 

Major Hilton, . . . . 12 : : 6 

Capt. Davis, 5:0:0 

Capt. Chisley, . . . . 5:0:0 

Capt. Oilman, . . . . .3:0:0 
To Capt. Sam^ Chisley for keeping Tho. 

Phii3ps, the Guide, . . . .3:0:0 

28 : : 

Ordered, that seven pounds be paid Col. Thomas Packer 
out of the next Province Rate in course, being a mistake, 
or under payment, made him at his Excellency's meeting 
the Indians in January, 1702. 

Capt. Jii'' Tuttle his Debenter, Am« to 7^^ : 10« : 0^ for 
scouting and sending forward several Letters for her Maj- 
esty's service, was read at this Board and allowed five 
pounds, and ordered to be paid in course out of the next 
Province Rate. 

[p. IGO.] Ordered, that Benjamin Leavitt have l^'' 10"^ 
allovrcd liim for riding post, 11^^' Aug*, 1703, to his Excel- 
lency at Roxbury, and to be paid in course out of the next 
Province Rate. 

Francis Graves his debenter being read at this Board for 
several times going Express in the year 1703, for her Maj- 
esty's service ; It is ordered, that the said Francis Graves 
have 6"' 19" paid him in full of his Debenter out of the 
next Province Rate, in course. 



1704.] JOURNAL OF COUNCIL AND ASSEMBLY. 285 

Richard Jose, Esq., liis debentcr, Am'' to 9"': 1': C*^, for 
summoning and attending the Council and other service 
for her Majesty, being read, allowed and ordered to be paid 
in course according to his warrant out of this present 
Province Rate. 

Col. Thomas Packer's debenter, am'' to 2^": 8^: 8'^ for 
meat drinks, <fcc., for troopers and volunteers, allowed and 
ordered to be paid in course out of the next Province Rate. 

His Excellency having sent for the House of Rcpresen. 
tatives to come to this Board, who accordingly came, He 
was then pleased to cause her Majesty's Order, in ha3c verba, 
to be Publicly read before said House of Representatives, as 
foil., viz: 

At a Court of Saint James', the 11*^^ day of NovemJjer, 1703. 

Present, 

The Queen's most Excellent Majestic in Council. 

Upon reading this day at the Board a representation from the 
Lords' Commissioners of Trade and plantations, dated the 29*^ 
October last jDast, relating to two Acts i^ast in the Assembly of her 
Majesty's Province of New Hampshire, the one entitled An Act 
for the Conj&rmation of Town Grants, and the other entitled an 
Act to Prevent Contention and Controversy that may arise, con- 
cerning the Bounds of the Respective Towns witliin this Province ; 
And the said Lords Commissioners humbly offering their opinion 
that her Majestic would please to declare her disallowance and 
repeal of both the said Acts : 

Her Majesty with the advice of the Privy Council is pleased to 
declare the disallowance and disapprobation of the said two Acts ; 
and pursuant to her Majesty's pleasure thereupon, the said two 
Acts arc hereby Repealed and declared null and void, and of none 
effect.* 

William Blatiiwayt. 

Ordered, that the afore mentioned Order be published by 
Beat of Drum, &c. 

Edward Ayres' debenter for iron work at the Prison, am" 
to 3 : 11 : 3, was allowed and ordered to be paid in course 
out of the next Province Rate. 

♦ See said Laws, pp. 226-228, of this volume. 



286 PROVINCE OF NEW-HABIPSHIRE. [1704. 

Mr. Samuel Penhallow his debenter, amno 8^'' : 3^: O^for 
provisions for soldiers and necessaries for the fort, and 
allowed and ordered to be paid out of the TOO^*"^ Rate. 

The following Acts having past l)oth Houses were con- 
sented to by his Excellency and by him signed accordingly: 

xVn Act for raising 700^^^ ; An additional Act of the 
militia. 

Prorogued until Wednesday the 26*^ July, 1704. 



Province of Xew Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Wednesday, 
the 9^^ August, 1704. 
Present, 
The Honorable John Usher, Esq., Lieut. Governor, 
John Hinkes, ) ^ George Jeffrey, { y 

John Gerrish, \ ^^^^^' Sam^ Penhallow, j ■^^^^^• 

John Plaisted, Esq. 
His Hon. the Lieut. Governor communicated to this 
Board his Excellency's the Governor's Letter dated the 1^* 
August, 1704, signifying that he intends to be here on the 
lO^'' instant to see the Assembly and the Court, and desires 
that the Judges be directed to adjourn the Court from day 
to day till his coming, &c. 

It is the opinion of this Board that, whereas it is no 
prejudice to her Majesty's interest, but an ease and benefit 
to her Majesty's subjects, that the Justices of the Superior 
Court of this Province be directed to adjourn said Court 
until Monday next, at two of the clock in the afternoon, 
expecting his Excellency's presence at that time. 

Richard Jose, Esq., High Sheriff, was sent as a message 
to the House of Representatives to call them up to this 
Board, who accordingly came. 



1704.] JOURNAL OF COUNCIL AND ASSEMBLY. 287 

[p. 162.] And his Hon'' tlic Lieut. Goyernor was pleased 
to adjourn them in these words : 

Pursuant to his Excellency's Letter dated the 1^* August, 
1701, for adjourning the General Assembly of this Province 
for two days, I do therefore in her Majesty's name adjourn 
the said General Assembly till Friday next ten of the clock 
before noon, and accordingly the said General Assembly 
are hereby adjourned till Friday next, ten of the clock 
before noon. 

Council adjourned till Friday next ten of the clock before 
noon. 



Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, Friday the 11*^ 
August, 1701. 
Present, 
The Hon. John Usher, Esq., Lieut. Governor, 
John Hinkes, Esq., Samuel Penhallow, Esq., 

John Plaisted, Esq. 
Mr. Sheriff was sent as a message to the House of Rep- 
resentatives for the said House to come to this Board, who 
accordingly came ; and his Honor was pleased to communi_ 
cate his Excellency's Letter, dated the 9"^ instant, setting 
forth that he supposed the enemy to be in a body between 
Lancaster and Connecticut River, after whom he had sent 
.800 men and hoped their good success, &c. ; and that the 
enemy was seen from Woodstock to Exeter, &c. 

Then his Honor the Lieut. Governor was pleased to 
adjourn the Assembly in these words : 

Pursuant to his Excellency's Letter, dated the 9*^ of 
August instant, for adjourning the Assembly of this Prov- 
ince for a week, I do therefore in her Majesty's name adjourn 
the said General Assembly till Friday the eighteenth day of 
August instant, at ten of the clock before noon, and accord- 



288 PROVINCE OF NEW-HAMPSHIRE. [1704. 

ingly the said General Assembly are adjourned until Friday 
next, ten of the clock before noon. 

[p. 163.] The petition of several sloop men was read at 
this Board setting forth that they were much prejudiced by 
the Imbargo, &c. ; as appears at large by said petition, upon 
file, &c. 

Ordered, that the Secretary make a copy of the said 
petition to be sent to his Excellency by the petitioner to 
know his pleasure therein, they paying the charge of the 
express. 

His Honor the Lieut. Governor having signified to the 
Council that his Excellency had wrote him the 9"^ instant 
to adjourn the Court for a week, 

It is the opinion of this Board that wliereas the Superiour 
Court of this Province was adjourned until Monday next, 
two of the clock in the afternoon, that the same be further 
adjourned till Friday the 18"' instant, ten of the clock before 
noon, whereof all persons concerned are to take notice and 
govern themselves accordingly ; And that the Secretary 
issue out proclamations to the several towns accordingly. 

Peter Coffin and John Plaisted, Esqrs., and Mr. Timothy 
Davis, having viewed and valued timber brought to her 
Majesty's fort by Thomas Westbrooke and Nathan Knight, 
and valued the same at four pence half penny per foot at 
the landing place, by the fort, besides the charge of hauling 
it up, delivered an apprizement thereof unto this Board, 
and is upon file. 

This apprizement allowed 31'* August, 1704, By his Ex- 
cellency. 



170 i.] JOURNAL OF COUNCIL AND ASSEMBLY. 289 

[p. 169.] Province of New Hampsliirc. 

At a Council and General Assembly 
held at Portsmouth by adj* on Wed- 
nesday the 23^^ August, 1704. 
Present, 
The Honorable John Usher, Esq., Lieut. Governor, 
JohnHinkes, ) j, George Jaffrey, ) j. 

John Gerrish, \ ^^^^^' Sam^ Penhallow, j ^^^^^• 

John Plaisted, Esq. 
His Honor the Lieut. Governor sent Mr. Secretary Story 
to the House of Representatives to acquaint them that as 
they were adj*^ from time to time, they were qualified to 
consider of any thing which was laid before them at last 
sessions, where they had done nothing in, and that they 
might adjourn their House de die in diem, expecting Gov- 
ernor's arrival here. 
Adj'^ till two o'clock to-morrow, Post meridiem. 



[p. 170.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adjournment 
on Thursday, the 24"^ August, 1704. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, 
John Hinkes, ^ George Jaffrey, ) 

Robert Elliott, > Esqrs. Sam^ Penhallow, > Esqrs. 

John Gerrish, ) John Plaisted, ) 

His Excellency the Governor sent a message for the 
House of Representatives to come to this Board, who ac- 
cordingly came, and his Excellency then made the following 
Speech, in h£BC verba : 

Gentlemen : — 

Since your last session, you have the issue of our Eastern Expe- 
dition, w^here our forces have very successfully proceeded to the 
destruction of the French settlements in all the parts of Acadia 
19 



290 PROVINCE OF NEW-HAMPSHIRE. [1704. 

and Xora Scotia, so that there is iiotliing left out of the sight of 
Port Royal ; aucl in other parts where the Garrisons and inhabit- 
ants have kept good watches, we have lost notliing. The last 
appearance of the French and Indians was at Lancaster, where we 
were so ready for them that one Belly ftdl of Beef has cost them 
three months' Expedition, and they have made no imi^ression upon 
the least Garrison there ; and by these means the intended expedi- 
tion from Quebeck upon tliis Province has been diverted, for wliich 
we have great reason to thank Almighty God. 

I am glad to find you in soe good a position in your frontiers,* 
and the forwardness of the works of the fort, where if the cost be 
a little more than was expected the view of the works will answer 
it to every skillful man. [p. 171.] I shall direct the charge there 
to be laid before you, and the present state of your Treasury. 

I am obliged to tell you, the Assembly of the Massachusetts have 
earnestly addressed me, that this Province may do their just share 
in the present War as judging the service to be equal and in com- 
mon, and that tliis Province has not been erxually charged hitherto, 
which is altogether just it should be so ; in the mean time, I am 

*Province of Xew Hampshire. 
An Act for the better enalling the Inhabitants to pursue the Enemn in the Winter season. 

[Seal.] Be it enacted by his Excellency, the Gov'r, Council and Representatives 
convened in General Assembly, and it is hereby Enacted by the Authority of the same, 
that every Householder within the several Towns of this Province, shall provide, at 
his or their own proper charge, one good pair of snow shoes and niogasheens,! and have 
them in their proper custody at or before the last day of November next ensuing, on 
penalty of a fine not exceeding tenn shillings, to be leveyed by distress of the ofteud- 
er's goods by a warrant from the several Captains directed unto the Clerk, which 
money soe taken shall be laid out, or soe much of it as will purchase said shoes 
and mngasheens; the overplus, if any there be, together with the shoes and moga- 
sheens when all charges is paid, shall be delivered to such persons from whome such 
fines shall be taken. 

Be it further enacted, by the Authority aforesaid, that every Householder shall, on 
penalty of a fine not exceeding five shillings, keep the said snow shoes and megasheens 
continually in good repaire; and if at anytime the said shoes shall be improved in 
proceeding after the enemy, and wore out or damaged, such shoes and mogasheens 
shall be rei)aired and made good at the province charge, and to be delivered to the 
owners, who is hereby injoyned to keep them continually in good repaire during the 
present Warr with the French and Indian enemy. 

Bee it farther enacted, by the Authority aforesaid, that when there shall be a neces- 
sity of sending forces out Ag't the enemy, the Captains in the several Towns are hereby 
impowerod to order his or their clerk to demand soe many of said snow shoes and 
mogaslieens of the severall Inhabitants within their precincts as need shall require, 
and whosoever sliall neglect or refuse to deliver the said shoes or mogasheens, shall 
pay a fine of eight shillings to be taken by the Captain's warrant directed to the Clerk, 
by distraint on such delinquent's estates, and disposed of as other fines soe taken are; 
Prodded always, that it shall be in the power of two Justices of the Peace in each 
Town, to exempt all poor widdows from the burthen of this Act, upon application to 
them made. 

23d Aug't, 1704. This Bill was read three several times and past by the Council to 
be enacted and sent down to the House of Representatives for concurrence. 

Cha. Stoky, Secretary. 
Eodem die. 

_ Past by the Assembly, who desires this Bill may be enacted, his Excellency consent- 
ing thereto. 

_ JOHX PiCKERix, Speaker. 

I essent to the Enacting this Bill. 

J. Dudley. 
t Modern spelling — Moccasins.— Weh. Die. 



170^.] JOURNAL OF COUNCIL AND ASSEMBLY. 291 

the more surprised to find that any of us are impatient of the 
present charge of the expences at the fort, and otherwise, when 
truly we liave not yet raised tlic quarter part of our just quota 
with our neighbors. 

I know no better article for the advancement of the Revenue 
than that of lumber, which was no hard thing these two last years 
when they were below twenty shillings the thousand ; now they 
are almost double that price they will better bear it, and I am to 
tell you that laying of that tax is very well taken by the Eight 
Honorable the Lords Commissioners of Trade and plantations, 
who are the best judges of our affairs. If the Assembly will re- 
vive it for one year more I shall represent it well to her Majes- 
ty, and judge it the most equal and easj^ method, and shall take 
care it be better collected than heretofore. 

I am sorry to be acquainted that under all our hardships from 
the enemy we cannot be at peace amongst ourselves ; the late riot 
of Hampton, of which I am acquainted since my coming, will be 
of ill consequence to us unless prevented by just and severe pun- 
islmaent, which I hope her Majesty's Justices of the Superiour 
Court will not fail of. 

[p. 172.] At the last session of the Assembly there was a com- 
mittee of both Houses directed to consider and provide a proper 
reception for the Lieut. Governor, which was since proposed by 
the Council to effect, until the coming of the Assembly ; which 
provision is now expired, and I must now again recommend to 
you that it may be done to effect, lest the Government be reflected 
upon as neglecting their duty therein. 

Since I have been in Command here I have sincerely intended 
the service of the Province, and her Majesty's honor in it, and 
shall continue to do my duty and expect your assistance in every 
thing relating to the service, and trust in the favor of Almighty 
God for your preservation in the present troubles. 

His Honor the Lt. Governor acquainted his Excellency 
that his occasions, suffering much by reason of his long 
absence, called him abroad for twenty days' time, upon ur- 
gent business: Therefore desire his Excellency would 
grant him liberty to be absent out of the Province for said 
time. 

His Honor the L* Governor's debenter, amounting to 4, 
19, 6, for several journeys to the several Towns of this 



292 PROVINCE OF NEW-HAMPSHIRE. [1704. 

Province, for settling matters about imprest men and pro- 
visions, and for boards and shingles at the fort, and for 
oyle and coloring for the fort, &c., was read at this Board, 
allowed and ordered to be paid out of the Treasury. 

Sam^ PenhalloAV, Esq., his Debenter, am'' to 45, 00, 
10, for beds and bedding for the soldiers at the fort, for a 
Union Flag and other things for said fort, was read at this 
Board, allowed and ordered to be paid out of the 700^^^ 
Rate. 

[p. 173.] The Governor gave the Judges of the Superiour 
Court present at the Board notice of the Riot at Hampton, 
and set forth the aggravation thereof, that it should be 
committed by so great a number as twenty men, in the 
time of War, and under pretense of an order of the se- 
lectmen, as I am told, where her Majesty had so lately 
made void that Act, and her Majesty's pleasure therein 
having been published in the General Assembly, which 
contempt had aggravated the Riot, and therefore directed 
them to use all possible methods for their conviction and 
just punishment. 

Adj*^^ till 9 o'clock to-morrow morning. 



Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsmouth by adj* on Fri- 
day, the 25"' August, 1704. 
' Present, 
His Excellency, Joseph Dudley, Esq., Governor, <fcc., 
The Hon^^^ John Usher, Esq., L* Governor, &c., 
Jolm Hinkes, ) John Gerrish, J 

Robert Elliott, [ Esqs. Sam^ Pcnhallow, > Esqs. 
George Jaffrey, ) John Plaisted, ) 

The petition of Elizabeth Scott was read at this Board, 
setting forth that Samuel Penhallow and Thomas Phipps, 
Esqs., two of her Majesty's Justices in this Province, had, 



1704.] JOURNAL OF COUNCIL AND ASSEMBLY. 293 

contrary to Law, proceeded in a case against her, (^'C, as 
upon file. 

[p. 174.] Ordered, That Mr. Penhallow and Mr. Phipps 
have a copy of said petition, and there be a hearing of said 
petition on Monday next at the Council Board, 3 o'clock, 
post merediem. 

The petition of Francis Jennings was read at this Board, 
signifying that Nathaniel Weare and Henry Dow, Esqs., 
prosecuted the said petitioner for defaming and vilifying 
them, &c., in the year 1802-3, and could not make out their 
complaint, <fec., therefore petitions for charges. 

Ordered, that the petitioner appear at the Council Board, 
on Monday next. Three of the clock in the afternoon, and 
that Capt. Dow and Mr. Weare be notified to appear at 
said time. 

Adj"^ till to-morrow morning, 9 o'clock. 

26*^ ditto. Met, and adjourned till to-morrow morning, 
9 o'clock. 

27^^ ditto. Met, and adjourned till to-morrow morning, 
9 o'clock. 



[p. 175.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsmouth by adj^ on Mon- 
day, the 28"^ August, i704. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, 
John Hinkes, "^ George Jaffrey, ^ 

Robert Elliott, I ^ Nath^ Weare, ^ -p 

Peter Coffin, |> ^^qs. Sam^ Penhallow, f ^^^1^' 
John Gerrisli, J Henry Dow, j 

John Plaisted, Esq. 
The House of Representatives sent up to this Board an 
answer to his Excellency's Speech in hcec verba : — 



294 PROVINCE OF NEW-HAMPSHIRE. [1704. 

May it please your Excellency: 

The Representatives of this her Majesty's Province, convened 
in General Assembl)^ do with all humble gratitude acknowledge 
vour Excellency's constant care and concern for the defense of 
her Majesty's Province, under your Governments, and are abun- 
dantly satisfied with what your Excellency has been pleased to 
acquaint us w^ith, of the success of the late Eastern Expedition, 
and particularly of the defeat of so numerous a company of the 
enemies at Lancaster,* which next to Divine Providence must be 
attributed to your Excellency's prudent care and conduct in send- 
ing forces so seasonably to those frontiers, and we have no cause 
to doubt of the continuance of your Excellency's care over us for 
the defense of this her Majesty's Province, for which we shall be 
always ready to give our assistance, according to the utmost ca- 
pacity of the poor distressed inhabitants thereof. The Great 
Charge of the Fort lies hard upon us, for besides the five hundred 
130unds raised by the Assembly, for reparation thereof, we are 
given to understand that sum is more than double by the constant 
attendance of soldiers and Laborers, imprest [p. 176.] from the 
several Towns for that service, whereby our strength in the fron- 
tiers is so much lessened, and we thereby exj)osed to the enemy, 
when all the time the poor inhabitants have to spare from watch- 
ing, warding and scouting is too little to get bread for their fami- 
lies, which neither can they do but with the utmost hazard of 
their lives. 

As to bearing an equal proportion of the charge of the war, 
with our neighbors of the Province of the Massachusetts, we 
would pray our different circumstances might be considered. The 
bulk of that Province being out of the reach of the enemy, and 
no otherwise afi*ected by the war then only to pay their x^ropor- 
tions of the charge : Whereas this Province is wholly frontiers, 
and in equal danger with the Eastern frontier of that Province, 
(viz.) The Province of Maine, who besides the advantage of 
three or four regular companies for their constant defense are also 
very much abated of their proportion in their Rates and Assess- 
ments made for defraying the public Charge. 

Also Reviveing the Lumber Act we find it not to answer the pro- 
posed end, it also bearing so hard upon those concerned in Lum- 
l)er, but arc willing that all public charges arising in tliis Province 

* Note. " On the 30tli of July the Froncli ami Indians furiously assailed the town 
of Lancaster (Ms.); killed a few and obliged the rest of the Inhabitants to retreat 
into garrison; burned tlie church and six other buildings and destroyed many cattle.' 
—Jljhnes A:m., 1704. 



1704.] JOURNAL OF COUNCIL AND ASSEMBLY. 295 

shall be defrayed by Rate, on Poles and Estate, which we shall be 
ready from time to time to do our duty in, according to the neces- 
sities of the Province and the abilities of the poor inhabitants 
thereof; but at present pray it may be considered Iioav our people 
have been faleanged* by their service at the fort, and that the 
seven hundred pounds last ordered to be raised is yet to be col- 
lected. 

As to the late Riot at Hampton, which your Excellency is 
pleased to mention, we can say little to it, only by what we have 
heard we believe the matter is aggravated to your Excellency ; 
however, we nnderstand the persons concerned are [p. 177.] un- 
der prosecution, and we hope that those who are found guilty will 
be punished according to their demerits. 

As to Lodgings for Lieut. Governor Usher, we only say : This 
Province never yet allowed anything to a Lieutenant Governor as 
he well knew during his former residence here, and might ration- 
ally expect no other at his return, especially considering we are 
now in a far worse capacity than formerly, and unable to support 
the more necessary charge of defending this her Majesty's Prov- 
ince against the French and Indian Enemy. 

Aug* 23'!, 1701. Past by this House. 

Mark Hunking, Clerk, 

His Excellency ordered that the Secretary give notice to 
the Clerks of the Superiour and Infeviour Courts, that they 
make out an Account of all their causes heard and deter- 
mined in their several Courts from the last time they sent 
account to his Excellency, and write the same fare and send 
them to Secretary Addington to be delivered to his Excel- 
lency in order to be sent to England. 

The snow shoes lately in Mr. Jaffrey's hand delivered 
him by the Exeter men who were sent to Capt. Chisley, 

Ordered, that the same be forthwith delivered back again 
by said Capt. Chisley in order to be sent to the said Exeter 
men. 

Mr. Sheafe, Deputy Collector, appeared at this Board 
and gave in a memorial relating to the smallness of his 
fees, and an addition to be made for the encouragement of 

* Deceived, di3ai)pointe(l. 



296 PROVINCE OF NEW-HAMPSHIRE. [1704. 

her Majesty's service, and also delivered in a table of fees 
belonging to his place. 

[p. 178.] A vote was brought up to this Board from the 
House of Representatives to pray his Excellency to send 
twenty friend Indians to scout, &c., in this Province, and 
that they shall be paid and subsisted at this Province 
charge, &c. 

Ordered, that Mr. Treasurer, with the advice and assist- 
ance of the members of the Council at New Castle, do 
forthwith hire two rooms at New Castle for the reception 
of the Lieut. Governor, the rent not exceeding ten pounds 
per annum. 

Ordered, that the Treasurer pay to the Attorney General 
eight pounds for his attendance at the last Superiour Court, 
being specially directed so to do by the Governor, upon her 
Majesty's affairs there depending. 

Ordered, that the Treasurer with all possible speed pay 
the officers and soldiers their salary and wages due to them 
to the 17'^ May last past, out of the 700^^^ Rates. 

Samuel Penhallow, Esq., Treasurer, his ace" of his pay- 
ments and disbursements for the year 1704, was read at 
this Board and allowed and signed by his Excellency. 

Adj*^ till to-morrow morning, 10 o'clock. 

29^^ August, 1704. Met, and adj*^ till to-morrow morning 
10 o'clock. 



[p. 179.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsmouth by adj^ on Wed- 
nesday the 30^^ August, 1704. 
Present, 
His Excellency, Joseph Dudley, Esq., Governor, 
Jolm Hinkcs, ) George Jaffrey, ) 

Peter Coflin, > Esqs. Sam^ Penhallow, > Esqs. 
John Gcrrish, ) John Plaisted, ) 

Mr. John Hinkes' Debenter, Am^ to 20^^% 5% 2*^, being 



1704.] JOURNAL OF COUNCIL AND ASSEMBLY. 297 

formerly allowed and not entered in the minutes of Coun- 
cil, now allowed, and ordered to be paid in course out of 
the public tax of this Province. 

Ordered, that the Treasurer forthwith buy a Ream of 
good paper, for the use of this Board, and deliver the same 
to the Secretary for that purpose. 

John Walker's Debenter, am° to 2, 15, 0, for summon- 
ing the Council, impressing of Horses, &c., allowed to be 
paid in course. 

Elisha Bryer's debenter, am^ to 7^^% 10, 0, for attending 
the Council as door-keeper, &c., allowed to be paid in 
course. 

Zachary Trickey's debenter, am^ to 1, 13, 8, for fer- 
riage for soldiers, (fee. Allowed to be paid in course. 

Job Alcok his debenter, am^ to 1, 8, 2, for oars for her 
Majesty's service, allowed to be paid in course, &c. 

John Partridge debenter, am^ to 10% 6*^, for ferriage for 
soldiers, <fec., allowed to be paid in course, <fec. 

Peter Coffin and John Plaisted, Esqs., their debenters, 
am^ r^, 8^, O'^, for expences and for their time in apprizing 
Timber brought for her Majesty's fort, allowed to be paid 
in course, <fec. 

[p. 180.] Edward Polly, his debenter, amounting to 8, 
6, 8, for riding post for her Majesty's service, allowed to 
be paid in course, <fec. 

Thomas Greely, his debenter, am^ to 10% for imprest 
horses, allowed to be paid in course, <fec. 

The petition of Col. Samuel Allen was read at this 
Board in hgec verba, himself being present : — 

To his Excellency Joseph Dudley, Esq., Capt. General and Gov- 
ernor, &c., of her Majesty's Province of 'New Hampshire, &c. 
The petition of Samuel Allen, Esq., Proi)rietor of said Province, 

Humbly sheweth. That your petitioner, having sundry Actions 
depending in several of her Majesty's Courts of Judicature, 
wherein he must make use of several Records of Judgments Ob- 



298 PROVINCE OF NEW-HAMPSHIRE. 1704.] 

tained formerly by his predecessor Mason against several persons 
of the Province ; And having made application to Samnel Penhal- 
low, Esq., the Recorder of this Province, for the said Judgments, 
upon searching the Book of Records for that puri)ose, the judg- 
ments are found to be cut of the Books, aud so your i^etitioner 
greatly prejudiced and abused thereby. Wherefore, 

Your j)etitioner humbly prays your Excellency to take the 
premises into your wise and just consideration ; And if it be pos- 
sible, some way to relieve your petitioner therein ; and your peti- 
tioner as in duty bound, shall ever pray, &c. 

Samuel Allen. 

The Gentlemen of the Council were enquired of how the 
Records of the Province had been kept ; And it appeared, 
that the Books of Records were begun by Richard Cham- 
berlain, Esq., Secretary of the Province, when Governor 
Cranfield arrived. The first Governor of this Province from 
the Crown [p. 181.] of England, in the year 1682 ; who 
held them until the time of the Revolution, when they were 
taken from him by Capt. John Pickerin, in the year 1689, 
and were by him delivered to Henry Penny by order of L* 
Governor Usher, in the year 1691, and from the said Penny 
they were delivered to Thomas Davis, Secretary of the 
Province in the year 1693, by order of Governor Allen, and 
from him removed to William Redford, by order of Lieut. 
Governor Usher, in the year 1695. 

And from the said Redford they were delivered to Major 
William Yaughan in the year 1697, by order of the As- 
sembly and L* Governor Partridge, and from him to Mr. 
Samuel Penhallow, in the year 1702, by order of the As- 
sembly and L* Governor Partridge, where they now are. 
The said Penhallow presenting the Book of Records, con- 
taining a Journal of the Courts from the year 1682 and 
continues to 1684, There was found twenty four leaves 
taken there out ; where upon Mr. Penhallow was examined 
and gave the following oath : 

Mr. Penhallow made oath in Council tliat he received the 
Book now showed (out of which twenty four leaves are cut) 



1704.] JOURNAL OF COUNCIL AND ASSEMBLY. 299 

and all other the books of Records, from Major Yauglian, 
ill tlio moiitli of June, in the year 1702, in such form as 
they are now kept, and particularly the Book shewed in 
Council, out of which twenty four leaves are cut in the same 
manner as it is now seen, and that they have been carefully 
kept. 

And thereupon it was further ordered that Mr. Penhallow 
do attend at the office where all the other Records of this 
Province are kept at such times and hours as Mr. Allen 
shall desire, giving notice thereof the day before, that the 
said Mr. Allen may further search the Records for what 
papers or instruments or writings may any wise concern 
his affairs in this Province. 

[p. 182.] Richard Jose's debenter, am« to 2 : 14 : O,for 
his attendance on his Excellency and Council, allowed and 
to be paid in course. 

Upon the repeated petition of John Partridge, referring 
to ninety eight pounds, eighteen shillings, due from the 
Province of the Massachusetts and this Province for ex- 
pences and subsistence of wounded men, &c., as appears by 
the several petitions, 

Ordered that the Treasurer do forthwith account with the 
said John Partridge what has been by the Assembly allowed, 
and pay him the remainder of forty eight pounds, eighteen 
shillings, and take a receipt for the same, and give him a 
certificate under the said Treasurer's hand, that he has paid 
him the said sum of forty eight pounds eighteen shillings, 
that he may there by be enabled to receive his just due from 
the Province of the Massachusetts, agreeable to the order 
made referring to this matter by the Assembly there. 

Ordered, that William Cotton and James Randle Report 
the damage done to Captain Hunkins' marsh, by digging 
sods there for the repair at the fort at New castle, and that 
the same be paid by the Treasurer. 

Ordered, that Colonel Romer within ten days next com- 



3*00 PROVINCE OF NEW-HAMPSHIRE. [1705. 

ing perfect his accounts of Expences at the fort, that they 
may be showed in Council. 

In answer to the petition of Cross and Phillipps, soldiers 
at the fort at New Castle, there remaining a difference be- 
tween John Hinkes, Esq., late Captain of the said fort, and 
the said Cross and Phillipps, wherein also Mr. Treasurer 
Penhallow is concerned, 

[p. 183.] Ordered, Kichard Waldron, Esq., and George 
Jaffrey, Esq., are appointed a Committee to hear, adjust, 
and determine those accounts ; and Mr. Hinkes and Mr. 
Penhallow hath submitted to their determination, and will 
thereupon forthwith settle the matter with the petitioners, 
and to make just report if any thing be found due. 

The several Bills following have been three times read, 
and passed both Houses, were consented to by his Excel- 
lency, and by him signed accordingly, viz : 

A Bill for enabling the inhabitants to pursue the Enemy 
in the winter season. 

A Bill for regulating the measures of Boards, Joists and 
plank. 

Prorogued till Wednesday, the 22*^ November next, 1704. 



[p. 184.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by prorogation, on 
Wednesday the 24"^ January, 1704. ; 
Present, 
George Jeffrey, Esq., Sam^ Penhallow, Esq. 

Mr. Speaker and the Clerk pro tempore of the House of 
Representatives, came u]) to this Board, and acquainted 
them that they had adjourned their House till Wednesday, 
the 31^^ January, instant. 



1705.] JOURNAL OF COUNCIL AND ASSEMBLY. 301 

At a Council and General Assembly 
held at Portsmouth by adjournment, 
on Wednesday the 31'' January, 1704. 
Present, 
John Hinkes, Esq., President, 
Robert Elliott, ] j^ 
George Jaffrey, \ ^^^^^' 
Mr. Speaker and the clerk of the Assembly came up to 
this Board, and acquainted them that they had adj*^ their 
House till Wednesday, the 14'^ of February next at 12 of 
the clock at noon, and accordingly this Board is adj*^ till 
said day and time. 



[p. 185.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj*, on Wed- 
nesday the 14* of February, 1704. 
Present, 
The honorable John Usher, Esq., L* Governor, 

Peter Coffin, ) t^ Sam^ Penhallow, ) -c, 

' ^ Esqrs. .. ,,_ ^.^ ' Esqrs. 



George Jaffrey, j ^ * Henry Dow 

Ordered that the Secretary issue forth proclamations to 
the several towns of this Province, that no person what- 
soever do harbor, entertain or conceal any person or mariner 
that hath deserted her Majesty's service from on board her 
Majesty's ship The Advice, Capt. Salmond Morris com- 
mander, on penalty as the Law in such cases directs ; And 
that all Justices, &c., and all her Majesty's subjects within 
this Province, be aiding and assisting unto the said Capt. 
Morris for the seizing or apprehending of such persons so 
deserting her Majesty's service, as aforesaid. 

Mr. Thomas Packer's debenter, being signed by his Ex- 
cellency, for public entertainment of himself. Council and 
his attendance, in May, 1704, am'' to five pounds, allowed 



802 PROYINCE OF NEW-HAMPSHIRE. [1705. 

and ordered to be paid in course out of the next Province 
Rate. 

Mr. Thomas Packer's Dehenter, being signed by his Ex- 
cellency, for public entertainment of himself, Council and 
his attendance, in August last past, 1704, am^ to three 
pounds, was allowed and ordered to be paid in course out 
of the next Province Rate. 

His Hon^ the Lieut. Governor sent Mr. Secretary Story 
to the House of Representatives to communicate his Excel- 
lency's, Joseph Dudley, Esq., Governor, &c., his Letter, 
[p. 186.] dated Boston, the 9«^ of February, 1704, for the 
adjorning the said House till the 15^^' ^farch next, not per- 
mitting them to do any thing ; and accordingly said Letter 
was communicated. 

Colonel Romer's Dehenter, relating to his own particular 
disbursements on several occasions for reforming and 
strengthening the fort, W'"^ and Mary, at Newcastle, was 
read at this Board, am^ to twenty pounds, one penny ; 
Allowed said account excepting two articles, viz : 
One for sending upon urgent occasion Mr. John 

Bickford, Express for Boston, to his Excellency, 

charged, 1:5:0 

2^, To the Constable that brought Nath^ Weare 

from Hampton, for his fees, . . . .0:5:0 



1 : 10 : 



Sum allowed to be paid, . . . 18 : 10 : 1 
Mem*, the above Dehenter was ordered to be given Colonel 
Romer to be by him lodged with the Treasurer, which ac- 
cordingly was delivered by said Romer. 

Mr. Secretary was sent down by the Hon^'^^ the Lt. Gov- 
ernor, to adj" the Assembly to the 15"' day of March next, 
pursuant to his said Excellency's letter before specified, and 
accordingly the said Assembly were adjourned till Thursday, 
the 15"' day of March next, 1704. 

Met, and adj^ till the 16^^ instant, at 10 of the clock, ante 
meridiem. 



1705.] JOURNAL OP COUNCIL AND ASSEMBLY. 303 

Met, and adj^^ till tlic 19"^ inst., 12 of the clock. 
Met, and adj^^ till the 20"^ inst. 

Met, and adj^^ till the 23'^ April, 10 of the clock, ante me- 
ridiem. 



[p. 187.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj*, on Monday 
the 23^1 April, 1705. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, &c., 
Robert Elliott, ( ^ Henry Dow, ) -^ 

George Jaffrey, \ ^^^^'^' Sam^ Penhallow, ] ^^^^^' 

His Excellency was pleased to send Mr. Secretary Story 
to call the House of Representatives to this Board, who 
accordingly came, and his Excellency was pleased to make 
the following speech, in hsec verba sequen : 

[CoxDied from MS. Vol. Gov. Speeches, &c.] 

Portsm«, 23 April, 1705. 
Gentlemen : — 

I am glad to meet you after an Eight months' recess, during 
wliich time by the blessing of Almighty God upon our endeavours, 
wee have had no inroad of the enemy, but find them drawn ofi" to 
a great distance to secure themselves from the danger of being 
found by onr forces, who have sustained very long and hazardous 
marches in the winter, to their own honor and our great benefitt ; 
and must be now justly i^aid and rewarded. I shall lay before you 
the Muster KoUs of the several parties, signed by my selfe, as I 
ought, and expect they be speedily paid, that they may be the more 
chearfull in the service for the future. 

I am alsoe glad to finde the works of the fort in soe good a for- 
wardnesse ; you shall have the past charge of that laid before you ; 
and the season of the year allows us now to proceed to finish what 
remains, which alsoe demands a small Garrison for six months 
next coming, and must be provided for. 

I have directed the Treasurer to lay before you the present state 
of the Debts, for which you must immediately provide, otherwise 
our creditt will be lost ; to which you must add considerably for 



304 PROVINCE OF NEW-HAMPSHIRE. [1705. 

the charge of the year current, for your quota of forces for a sum- 
mer expedition ; soe that I hope by the blessing of God upon the 
couragable Resohition of her Majesty's good subjects of both these 
Provinces, not to lett the enemy rest while they are within our 
reach, and possibiletye to sustain a march after them. 

I do not doubt of your chearfull supj^ly in these articles, neces- 
sary for her Majes*^' honour and your owne safety ; and the sooner 
3'ou please to dispatch them, the more early you will have the 
advantage to have the session ended. 



[p. 188.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsmouth by adj*, on Tues- 
day the 24^^ April, 1705. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, &c., 
John Hinkes, J Sam^ Penhallow, ) 

Robert Elliott, > Esqrs. John Plaisted, i Esqrs. 

George Jaffrey, ) Henry Dow, ) 

Adj*^ till to-morrow morning, ten of the clock. 



[p. 189.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsmouth by adj^, on Wed- 
nesday the 25^^ April, 1705. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, &c., 
John Hinkes, J George Jaffrey, ) 

John Gerrish, \ Esqrs. Sam^ Penhallow, > Esqrs. 

Robert Elliott, ) John Plaisted, ) 

Henry Dow, Esq. 
A vote was sent up to this Board from the House of Rep- 
resentatives, that an Act may be past for Reviveing the act 
of Impost and Excise, &c., upon all Wines, Brandies, Rum 
and other Goods Imported, <fcc., for one year, to commence 
from the last day of July next. Vote upon file. 



1705.] JOURNAL OF COUNCIL AND ASSEMBLY. 305 

Consented to by the Governor and Council, and ordered 
that the Secretary draw a Bill accordingly. 

The memorial of Richard Jose, high Sheriff of said Prov- 
mce, relating to the insufficiency of the Goal of this Prov- 
ince, several prisoners having made their escapes thereout, 
read at the Board, and on file. 

Ordered, that John Plaisted, Esq., and Mr. John Pick- 
ering, be appointed a committee to view the said Goal and 
forthwith make report to this Board of what may be neces- 
sary to be done for making the said Goal sufficient and 
strong, whereby prisoners may not escape, and what the 
charge of so doing may amount unto. 

A bill was sent up to this Board for settling a salary of 
one hundred and sixty pounds per annum upon his Excel- 
lency Joseph Dudley, Esq., Governor, &c., during the 
Queen's pleasure, to continue the said Colonel Dudley's 
Government, &c., was read three times at this Board and 
ordered to be engrossed. 

Adj^ till ten o'clock, ante meridiem. 



[p. 190.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsmouth by adj*, on Thurs- 
day the 26*^ day of April, 1705. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, &c., 
John Hinkes, ) Sam^ Penhallow, ) 

John Gerrish, > Esqrs. Henry Dow, > Esqrs. ^ 

George Jaffrey, ) John Plaisted, ) 

Mr. Nathaniel Hill, one of the House of Representatives, 
brought up the following vote, in haec verba : 
Whereas, his Excellency, our Governor, this day was pleased 
to communicate unto the Representatives of this Prov- 
ince the consideration of the state thereof, referring to 
M"^ Allen's claim, and that there was a fair opportunity 
20 



806 PROVINCE OF NEW-HAMPSHIRE. [1705. 

of ending of all differences thereabout, left the same to 

their consideration : — 

Toted, That the Constables of each Town within this 
Province be forthwith required to convene the freeholders 
of their respective towns to meet at their usual places of 
meeting, on Monday the thirtieth of this instant, by ten of 
the clock in the forenoon, then and there to make choice of 
two of their principal freeholders of each town, with full 
power from themselves and their community, to meet at 
Portsmouth, on Tuesday the first day of May, by twelve of 
the clock that day, to join with the representatives of this 
Province as a committee to discourse, debate and determine 
what may be most advantageous for the benefit of this 
Province, relating to Mr. Allen's claims of the same. 

April the 25^% 1705. 

Past by the House of Representatives. 

Sam'l Keais, Clerk. 
Eodem die. 

Consented to by his Excellency and Council. 

Cha. Story, Secretary. 

Adj'^ till to-morrow morning, 10 of the clock. 



[p. 191.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adjournment, 
the 27*^ April, 1705. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, &c., 
John Gerrish, ) ^ Sam^ Penhallow, ) ^ 

George Jaffrey, \ ^^^^^' John Plaisted, ) ^^^^^• 

Henry Dow, Esq. 
Samuel Penhallow, Esq., his debenter, amounting to four 
pounds, seven shillings three pence, for fire wood and paper 
for the secretarys and other public disbursements, allowed 
and ordered to be paid out of the Treasury in course, &c. 



1705.] JOURNAL OF COUNCIL AND ASSEMBLY. 307 

Adj"^ till to-morrow, 10 of the clock, ante merediem. 
Met Saturday the 28"^ adj'i till Tuesday next, 10 o'clock, 
ante merediem. 

At a Council and General Assembly 
held at Portsmouth by adj*, on Tues- 
day, the first day of May, 170,5. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, <fcc., 
John Gerrish, ) -p Sam^ Penhallow, ) ^ 

Geo. Jaffrey, p^^^®- John Plaisted, p^^^^' 

Henry Dow, Esq. 
Col. Romer was sent for to this Board to settle his ac- 
counts about reforming her Majesty's fort, W™ and Mary ; 
and accordingly Colonel Romer delivered in his accounts to 
this Board. 
Adj*^ till to-morrow morning, 10 of the clock. 



[p. 192.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj*, on Wed- 
nesday the 2'^ day of May, 1705. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, <fec., 
Peter Coffin, J George Jaffrey, ) 

John Gerrish, > Esqrs. Sam^ Penhallow, > Esqrs. 

Robert Elliott, ) John Plaisted, ) 

Henry Dow, Esq. 
John Walker, his debenter, amounting unto 2^^ : 1' : 0**, 
for his attendance upon the Council, and pressing of men 
for her Majesty's service, allowed and ordered to be paid in 
course, &c. 

Upon reading the petition of the inhabitants of Kingston, 
praying to return, &c., 

Ordered, that the petitioners have liberty to return thither 
at Michaelmas,* provided they be not less than thirty fami- 

*A festival of the Catholic church, celebrated September 29th. 



308 PROVINCE OF NEW-HAMPSHIRE. [170o. 

lies, that they lay out in the centre of their place a fort, and 
a Lot for the parsonage there, and that they settle an able 
Orthodox minister within three years next coming, and they 
have leave to renew their grant, with these conditions. 

Ordered, that the supply of the service of the War, for 
soldiers and other incidental charges during the recess of 
the Assembly, shall be made by the Treasurer, by warrant 
from the Governor and Council, and paid and answered to 
him out of the present tax, by warrant for the same. 

These two several Bills, having past both Houses, were 
consented to by his Excellency and by him signed accord- 
ingly : 

A Bill for settling a salary of one hundred and sixty 
pounds per annum upon his Excellency Joseph Dudley, Esq., 
Governor ; 

A Bill for continuing several Rates and duties of custom, 
Excise, Impost, &c. 

Adj*^ till to-morrow morning, 10 of the clock. 



[p. 193.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsmouth by adj*, on Thurs- 
day the 3^ May, 1T05. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, <S:c., 
Peter Coffin, ) George Jeffrey, ) 

Rol)ert Elliott, V Esqrs. Sani^ Penhallow, > Esqrs. 

John Gerrish, ) John Plaisted, ) 

Henry Dow, Esq. 
Mr. Secretary Story's debenter, am° to fifty nine pounds, 
eighteen shillings, for his service as secretary from the 17** 
May, 1704, to the 17"' May, 1705, being approved by the 
Assembly, was tliis day allowed by his Excellency and 
Council, and ordered to be paid out of the present Rate in 
course. 



1705.] JOURNAL OF COUNCIL AND ASSEMBLY. 309 

Mr. Attkinson's dcbcntcr, am'' to 32^'^ : V : 10^ for soldiers' 
wages, shallop hire, and material for the fort, was allowed 
and ordered to be paid in course. 

Mr. John Campbell his jietition, relating to an encour- 
agment for the Post Office, was this day read, and ordered 
that six pounds be paid him out of the next province Rate,, 
for his Extraordinary Service in forwarding his Excellency- s 
and the Government letters for her Majesty's service relat- 
ing to this Province, and to be in full for the year past and 
until the 18*^ June next. 

Ordered, that Mr. George Jafifrey be appointed to audit 
the account of the Officers and soldiers at the fort for tlie 
two years last past, ending the 17*^ May next, and make a 
true Muster Roll, and that the secretary give notice to the 
several officers and soldiers aforesaid, to bring an account 
of what is due to them to the said Mr. Jaffrey. 

Ordered, that Mr. Treasurer for the future pay orderly to 
the several creditors to the Treasury of this Province, that 
is to say, according to the several dates of the warrants, 
signed by the Governor in Council, except by express order 
of the General Assembly, or the Governor in Council, for 
special and immediate service of the Province ; — All other 
payments to be accounted disorderly, and shall not be 
allowed. 

Voted in Council. J. Dudley. 

Cha. Story, Secretary. 

[p. 194.] Mr. Jaffrey and Mr. Plaisted are appointed a 
committee to inspect and Audit the Treasurer's accounts, 
and to make the Defalcations ; Ordered, and they are to 
take care that there be no defalcation for more upon Beef 
and Boards than was bona fide received and paid upon the 
province Account. 

Mem'^ : there is not to be allowed any defalcation in the 
payment of Beef to the soldiers of the Garrison or elscr 
where, nor to laborers or handy crafts men, who are ordered 



310 PROVINCE OF NEW-HAMPSHIRE. [1705. 

to be paid as the provisions are set by the Assembly in the 
tax. Signed in Council. 

Per Order J. Dudley. 

Cha. Story, Secretary. 

Adj*^ till to-morrow morning, 10 o'clock. 



Province of New Hampshire. 

At a Council and General Assembly? 
held at Portsmouth, on Friday the 
fourth day of May, 1705. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, &c., 
Peter Coffin, ) John Plaisted, ) 

John Gerrish, > Esqrs. Sam^ Penhallow, > Esqrs. 

George Jaffrey, ) Henry Dow, ) 

A Bill for raising of eight hundred pounds for defraying 
the public charge of this Province, being three times read 
and consented to by the Assembly, was past and enacted. 

Prorogued till Wednesday, the 25"' of July next, 10 of 
the clock, forenoon. 



[p. 195.] At a Council and General Assembly, 

at Portsmouth, on Wednesday, the 25"* 
July, 1705. 
Present, 
Peter Coffin, ) George Jaffi'cy, ) 

Robert Elliott, > Esqrs. Sam^ Penhallow, > Esqrs. 

Nath^ Wcare, ) Henry Dow, ) 

Additional instructions to his Excellency Joseph Dudley, 
Esqr., Capt. General and Commander in Chief, <fcc., of the 
Province of New Hampshire, in New England, in America, 
&c., was read at this Board, and ordered that the Secretary 
enter the same in the Council Book. 



1705.] JOURNAL OF COUNCIL AND ASSEMBLY. 311 

Ratification of the Act obliging the inhabitants of her 
Majesty's Province of New Hampshire to do Military service, 
was read at this Board, and Ordered that the Secretary enter 
the same in the Council Book. 

Capt. Rednapp, her Majesty's engineer, was sent for to 
this Board, being asked if he had finished the breach of 
the two angles of her Majesty's fort, William and Mary, at 
Newcastle, and if he had any occasion to complain for want 
of laborers or workmen ; Answered, he had finished what 
he was directed by his Excellency and this Board to do, and 
that he had been well attended with laborers and workmen. 

Ordered, that Capt. Walton, Commander of her Majesty's 
fort, William and Mary, forthwith dismiss all the Quakers 
under confinement in the said fort, and signify the same to 
Capt. John Tuttle, of Dover, And that the said Quakers 
had done no duty at the said fort ; and that the Secretary 
issue forth an order to Capt. Walton accordingly. 

Pursuant to his Excellency's Letter of the 15^^ July, 1705, 
signifying that the Secretary's defalcations upon Beef might 
be considered, and that IT^'^ : 14% being the remaining of the 
Treasurer's account, be Ordered to be paid the secretary, 
till a further consideration at his Excellency's next coming 
there, 

Ordered, that the Treasurer pay the Secretary the said 
l^rjih . ^^s^ accordingly. 

Ordered, that the Treasurer deliver three barrels of Pow- 
der to Capt. Walton, which he received upon Tonnage of 
shipping for the Province use, and that the Treasurer take 
Captain Walton's receipt for the same. 

[p. 196.] L* Attkinson deP into this Board an account 
of all the guns, stores, (fee, belonging to her Majesty's fort, 
W™ and Mary, as upon file. 

Samuel Penhallow, Esq., Treasurer and Commissary 
General, took the following Oath : 

That since the year 1699, he hath received of all ships 



312 PROVINCE OF NEW-HAMPSHIRE. [1705. 

or vessels coming into the River the fall duty of powder 
money or species, according to their Tonnage, and the Acts 
of this Province for such duty, excepting only the two Mast 
ships, who have several times been abated by Orders of 
Council, or excepting any other in the like nature. 

Upon the request of Robert Smart, son of Robert Smart 
of Exeter, in said Province, deceased, and reputed brother 
to John Smart formerly of said Exeter and late of New 
York, deceased, desiring to be so certified under the public 
seal of this Province, and several of this Board well know 
the same, 

Ordered, that the Secretary draw a certificate accordingly, 
to be signed by the first nominated person in the Council, 
and counter signed by the Secretary, and to affix the public 
seal of the Province Thereto. 

Pursuant to his Excellency's Letter of the 17^^ instant, 
Ordered that the Assembly be prorogued till the first Wed- 
nesday in October next, and that the Secretary give notice 
to the Assembly accordingly. 



[r. 197.] AXXE E. 

[Duplicate.] Additional Instruction to our Trusty and well beloved 
Joseph Dudley, Esq., our Capt. General and commander in 
chief of our Province of New Hampshire, in New England, in 
America ; and in his absence to the Commander in Chief of our 
said Province for the time being. Given at our Castle at AVind- 
sor the 17"^ day of July, 1704, in the third year of our Reign. 
AVhereas by the third article of our Instructions to you, accord- 
ing to several Laws relating to the Trade and navigation of this 
our kingdom of England, and our colonies and plantations in 
America, You are required to take care and give in charge that 
no goods or commodities whatsoever be imported into, or ex- 
ported out of, our Province of New Hampshire under your gov- 
ernment, in any ships or vessels, but in such whereof the mas'ter 
and three fourths of the Marriners, at least, are English ; and 
whereas by a clause in an act past the last session of l*arliament, 
entitled an act for raising recruits for the land forces and mar- 
riners, and for dispensing with part of the act for the encourage- 



1705.] JOURNAL OF COUNCIL AND ASSEMBLY. 313 

mciit and increase of shipping' and navigation during the present 
war (copy whereof you shall herewith receive), It is enacted 
that during the present war and no longer, The number and pro- 
portion of niarrinersto sail in such ships or vessels, which by laws 
now in force are limited to the master and three fourths of the 
Marriners to be English, shall be enlarged to the master and one 
moiety of the marriners at least to be English: It is our will and 
pleasure that you take care and give in charge to the proper 
officers that the said act be observed in our Province of New 
Hampshire, under your government, during this present war 
accordingly. A. K. 



[p. 198.] Copy of a clause of an Act past in the third year 
of her Majesty's reign, entitled, An Act for raising re- 
cruits for the Land forces and Marines, and for dispens- 
ing with part of the Act for the encouragement and 
increase of shipping and navigation during the present 
War : 

And whereas, by the Laws now in force, the navigating 
of shipps or vessels in diverse cases is required to be the 
master and three fourth part of the marriners at least being 
English, under divers penalties and forfeitures therein con- 
tained ; And whereas, great numbers of seamen are em- 
ployed in her Majesty's service, for the manning of the Royal 
Navy, soe that it is become necessary during the present 
war to dispense with the said laws, and to allow a greater 
number of foreign marriners for the carrying on of Trade 
and Commerce : Be it therefor enacted by the Authorityc 
aforesaid, that during the present Warr, and no longer, the 
number and proportion of marriners to sail in such shipps 
or vessels, which by any law now in force are limited to the 
master and three fourths of the marriners to be English, 
shall be enlarged to the master and one moiety of the 
marriners at least to be English ; And that it shall and may 
be Lawful to and for the owner and owners of any such 
shipp or vessel to navigate the same with such marriners, 
whereof the master and one moiety of the marriners at least 



314 PROVINCE OF NEW-HAMPSHIRE. [1705. 

shall be English, witliout incurring any penal tye or forfeiture 
for so doing; and without subjecting the goods or merchandize 
loaden on such ship or vessel to any other Customs, duties or 
payments than should have been paid for the same in case 
the same shipps or vessels had been navigated by a master 
and three fourths of the marriners being English, any former 
Law or statute to the contrary thereof in any wise, notwith- 
standing. 

[p. 199.] 22^ November, 1705. The General Assembly 
met, and, pursuant to his Excellency's Letter of the IG*'^ of 
November instant, the said General Assembly were pro- 
rogued until the 29*^ day of November, at twelve o'clock. 

29^^ November, 1705. The Assembly met, and, pursuant 
to his Excellency's letter of the 26^^' November, they were 
prorogued to Thursday, the sixth day of December, at 
twelve of the clock. 

6^^ December. The Assembly met. Pursuant to his Ex- 
cellency's letter of the third of this instant December. 
The Assembly were prorogued till the thirtieth instant, at 
twelve o'clock. 



Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsm'', by prorogation, the 
13"^ December, 1705, Ante Merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, 
Peter Coffin, ) Sam^ Penhallow, ) 

Robert EUott, > Esqrs. John Plaisted, > Esqrs. 

George Jaffrey, ) Henry Dow, ) 

The Asscmljly being sent for to this Board, accordingly 
came, and his Excellency made the foil, speech : 

Gentlemen : — 

It is ciglit months since your last recess, during wln'ch time by 
the favor of Almighty Giod, the Province has been safe in all xjarts, 



1705.] JOURNAL OF COUNCIL AND ASSEMBLY. 315 

notwitlistaiidiiig- the scouts of the enemy look upon us everywhere. 
It is what I expected from the distance tlie Indians are now lodged 
from us ; And therefore I abated any standing- forces and counted 
a small marching' party for a short time sufficieiit; but our security 
this winter must depend upon a larg'e circular march once a month 
at least, for Avhich I shall give speedy order; And if the ordinary 
marches of the forces in the Province of Maine be duly kept, and 
the poor people will bear the inconveniences of their strict GaiTi- 
sons, we shall be safe. 

Mr. Treasurer acquaints me the Province is in Debt, which I 
have directed him to lay before you, which with the growing 
charge must be provided for. 

I must acquaint you that I have before me the complaint of the 
officers that followed Lt. Colonel Hilton to Neridgawack, that they 
were paid no otherwise than private sentinels. I am sure you will 
allow me to march the Queen's Subjects in this necessary service, 
as I shall think lit; and when I have soldiers I must have officers? 
and they must be paid. I have used all methods possible to keep 
the Pro^dnce easy, and you shall not need to study that point lest 
you discourage your best men to thehiu't of the service ; for though 
I can draw men out of the tiles, Officers expect, as they deserve, 
other treatment, or the service will utterly fail. 

If you have any thing for the benefit of the Province to offer me, 
I shall heartily j)ut it forward as the short session will allow. 



[p. 200.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsmouth, the 18"^ day of 
December, 1705, Post Merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, <fec., 
W^ Vaughan, ^ Sam^ Penhallow, J 

Peter Coffin, I p John Plaisted, > Esqrs. 

Robert EUott, p^^^^®' Henry Dow, ) 

George Jairrey,J 

Major W™ Yaughan, Esq., was sworn a member of Her 
Majesty's Council, and took the oaths appointed by Law, &c. 
Thomas Phipps, Esq., was sworn Clerk of the Council 
(Pro hac vice) and took the oaths appointed by Law, &c. 



316 PROVINCE OF NEW HAMPSHIRE. [1705. 

Upon application of Robert Ellott, Esq., for abatement of 
impost, <fcc., amounting to ten pounds, which became clue for 
goods brought into this Port in a vessel that was taken by 
the French which he had redeemed at a very dear rate, 

Ordered, that the said sum of ten pounds be abated. 

Upon reading the petition of John Abbett, about his son 
that is gone hostage with the French, George Jaffrey, Esq., 
appearing, made answer that due care was taken for the re- 
demption of his son, Joseph Abbett, and that Mr. Jaffrey^s 
correspondent, Mr. Lucas, in Antegoe, had so assured him. 

Upon reading the petition of Mr. John Campbell for an 
allowance from this Province to encourage the Post Office, 

(Made out 22-^ 8^^ 1706.) 

Ordered, that he be paid six pounds out of the Treasury 
when tlie next Province rate is collected. 

Adj*^ till ten o'clock to-morrow morning. 



[p. 201.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth on Saturday, the 
15"' of December, 1705. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, <tc., 
W Vaughan, j Sam^ Penhallow, ) ^.^ ,g 

Robert Ellott, > Esqrs. Henry Dow, J ^ 

Peter Coffin, ) 

The Council consented to a vote of the Representatives, 
referring to a Deed of Land on file, belonging to William 
Partridge, Esq., that he have the original, leaving a copy 
on file with the keeper of the papers. 

Upon a petition from Richard AValdron, Esq., setting 
forth that in the ship Richard and Margaret, late arrived 
from Barbadoes, there were certain goods shipped by bills 
of loading for the port of Boston in the Massschusetts 
Province, which goods being imported into this Province, 



1705.] • JOURNAL OF COUNCIL AND ASSEMBLY. 317 

the Treasurer demands the Impost thereupon ; notwith- 
standing are bona fide belonging to Boston, and not intended 
to l)e landed or sold here, but to be sent to Boston accord- 
ingly. 

Ordered, that the duty be not presently taken by the 
Treasurers, but that the said Waldron be obliged to return, 
within two months, a certificate from the proper officer in 
Boston, that they are there landed, and that the petitioner 
be thereupon discharged of the said Impost. 

And that this be a rule in like cases referring to any 
duties of Impost payable by the Act of Assembly, and not 
otherwise. 

Col. Partridge informing the Governor and Council that 
there was advanced to Lieutenant Colonel Hilton, for his 
company of volunteers to Narridgwack, four pounds, seaven 
shillings and six pence, in rumm from the Massachusetts 
Commissary at Casco Bay, for which his note is out, 

[p. 202.] Ordered, that the Treasurer pay the said four 
pounds, seaven shillings and six pence to the commissary 
aforesaid, he giving up the said Colonel Partridge's letter, 
and Hilton's receipt with a discharge there upon. 

Adj*^ till Monday, 10 o'clock, Ante Merediem. 



Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj* the 17*^ 
of December, 1705. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, 
Robert EUott, ) -^ Henry Dow, ) ^ 

George Jaffrey, \ ^^^^^' Sam^ Penhallow, \ ^^^^^' 

Mr. George Jaffrey produced a letter dated the 16^^ of 
August, under Mr. Lucas his hand, wherein he assures him 
that effectual care was taken for the ransom for Joseph 
Abbett, who was left Hostage with the French. 



318 PROYINCE OF NEW-HAMPSHIRE. [1705. 

Upon reading a petition exhibited to this Board by John 
Pindar and Sarah his wife for a new hearing of a certain 
complaint, heard formerly at the Quarter Sessions, 

In answer to the petition, the Govern'^ and Council being 
advised that the matter has been once reheard by the Ses- 
sions by direction of this Board, see not reason further to 
be troul)led therewith ; but for that Pindar prosecuted in 
her Majestie's name doe direct that there be noe execution 
granted against him for charges of that prosecution until 
the Session may assign their reason for that order before 
this Board, it being usual in those cases that each party 
bear their own charges. 

Upon reading the petition of Theodore Attkinson, Esq., 

[p. 203.] Ordered, that he be allowed the sum of twenty 
seven pounds, as under written to his account, on the con- 
ditions therein expressed. 

Upon application of Mr. George Jaffrey for pay of ten 
wheel Barrows, 

Ordered, that he be allowed fifty shillings by the Treas- 
urer out of the next Province Rate. 

Adj*^ till three o'clock, post merediem. 



[p. 204.] Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth by adj* on the 17^^ day 
of December, 3 o'clock, Post merediem? 
anno Domini 1705. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, &c., 
Peter Coffin, | j. George Jaffrey, |p 

Robert Ellott, \ ^^^^^' Sam^ Penhallow, j ^^^^®- 

Henry Dow, Esq. 
Whereas, Mr. Treasurer Penhallow signified unto this 
Board, that the money in specie received in the Treasury 
did not amount to the Governor's salary : 
Ordered, that at the making up of his year's acc^^ he be 



1705.] JOURNAL OF COUNCIL AND ASSEMBLY. 319 

allowed the just sum of the difference of money or other 
species in payment to make up the same. 

Mr. Treasurer's Account, amounting to 21''^ : IT'' : S'^, be- 
ing for supply of the soldiers, &c., with provisions, was 
allowed of, and ordered to be paid him out of the present 
800^^^ Rate. 

Upon reading the petition of Francis Jennings, it being 
on the day before his Excellency went out of the Province • 

Ordered, that the minutes of that Trial in the Quarter 
Sessions be laid before his Excellency in Council at their 
next meeting. 

Edward Polly, his debenture, am° to 2^*^ : 11^ : 0'^, for 
Rideing Post to the 22*^ October, 1705, was allow^ed, and 
ordered to be paid out of the next Province Rate. 

(Warn* out 30*^ Jtily, 1706.) 

Upon the Report of Capt. Pickering and Lieutenant 
Pearce referring to the line of fortifications about the town 
of Portsmouth : 

Ordered, that Lieutenant Pearce and Ensign Loe forth- 
with proceed to see those particulars finished, agreed be- 
twixt Pickering, Samuel Thompson and James Libby, either 
by the said Thompson and Libby or other carpenters if they 
[p. 205.] see meet; and that the late & present clerks of the 
company in the town do attend Lieutenant Pearce, with the 
list of payments set upon the inhabitants of the Town ; And 
that the Constable do assist in the collecting the remainder 
of that tax, and enable Lieutenant Pearce to pay for the 
work accordingly ; and the secretary to give out warrants 
according to this order. 

The following vote was sent up to this Board by the House 
of Representatives, in haec verba sequen : 

The Representatives being informed that the General As- 
sembly of the Massachusetts have given to Mr. Daniel 
Greenleafe, minister of the Isle of Shoals, fourteen pounds, 
provided this Province pay six pounds more for his support, 



320 PROVINCE OF NEW-HAMPSHIRE. [1705. 

Voted, that the Treasurer pay six pounds to Mr. Green- 
leafe for his encouragement in the ministry at Starr Island. 

Per Sam^ Keais, Clerk. 
17*^ Dec., 1705. 

Eodem die. Consented to by the Council. 

Thom. Phipps, Clerk of the Council. 
Adj*^ till to-morrow morning. Ante merediem. 



[p. 206.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth according to ad- 
journment, the 18*^ of December, 1705. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, &c., 
Peter Coffin, ) -p John Plaisted, ) j^g^^g 

George Jaffrey, j ^^ * Henry Dow, ) ^ 

Sam^ Penhallow, Esq. 
Capt. Nathan^^ Hill brought up an answer from the 
House of Representatives to his Excellency's Speech, — as 
on file. 

[Coj^ied from Gov/s Messages, &c., in Secretary's office.] 
3fay it x>lease your Excellency : —The Representatives of this 
her Majesty's Province, convened in General Assembly, doe with 
all humbel grattitud acknowledg your Excellency's care for y^ 
defense of this her Maj'y^ province, under your government. 

As to what the Treasurer has given in as an estimat of 
Debts, we have made inquiry into it, and we are well satisfyed 
that ther is but a small matter claymed by sundry jDersons. As 
to y^ growing charges, it is unsertayn ; we know tlier will be dew 
to your Excellency and her Majesty's fort at New Castle, consid- 
erabel when the year is up, which must be taken care of; but at 
present hope y* y* income of the Province may answare insident 
charges. As to the officers, the Assembly raysed one hundred 
and fifteen pounds for y*= defraying y^ expedition Eastward, be- 
sids twenty seaven pounds odd money which those soulders 
reseaved for blanketts, hatchets, &c., which we are humbly of 
opinion may be sufficient for both officers and souljers for those 



1705.] JOURNAL OF COUNCIL AND ASSEMBLY. 321 

twenty ode days march; iiotwitliRtandiiig we shall 1)0 always 
rcdcy to give our assistance according to the uttermost capacity 
of the poor Inhabitants of this i^rovince, and y'' season of the 
year will admit of. Sam^ Keais, Clark. 

Dcsmb-^ W\ 1705. 

May it please your Excellency ; whatever just Debts shall ap- 
eare Dew from y^ Province, the Assembly will tack care in y* 
spring of y*^ year that money be raysed for payment thereof. 

Capt. Peter Coffin and Mr. John Plaisted sent down to 
the Assembly by this Board. 

The Assembly sent up a vote for joming Capt. Henry 
Dow, Major Joseph Smith and Mr. James Philbrook with 
the committee of the Massachusetts to run the line between 
the two Provinces of the Massachusetts and New Hamp- 
shire, from the Sea to the extent of Hampton and Kings- 
town : consented to by the Council, adding Nath^ Weare, 
Esq., one of the committee. 

Colonel Thomas Packer's debenter for entertaining the 
Honorable the L^ Governor, and expenses upon the troop? 
amounting to three pounds, one shilling and two pence, was 
allowed and ordered to be paid in course. 

(Made out 22*1 July, 1706.) 

Capt. Henry Dow, his debenter for provisions for the sol- 
diers upon our expedition to Neridgawack, am^ to two 
pounds, sixteen shillings and fh^e pence, was allowed and 
to be paid out of the next Province Rate for the use of 
Hampton. 

(Warn* out 30*^ July, 1706.) 

Capt. John Woodman, his debenter for expenses in trans- 
porting letters, &c., for her Majesty's service, am^ to one 
pound, six shillings, was allowed and ordered to be paid in 
course, if not past in Col. Packer's last account. 

The soldiers seven shillings each yet due, to make them 
equal to the Massachusetts. 

L* Col. Hilton, eight pounds. 

L* Chisley, three pounds already paid. 
21 



322 PROTINCE OF NEW-HAMPSHIRE. [1705. 

[p. 207.] For Summer. 

Lieut. Colonel Hilton for scout, eighteen pounds. 

(Warn^ out 26^^ July, 1706.) 

Lieut. Chisley, ten pounds. 

(Warn^ out 22*^ October, 1706.) 

James Johnson, Ensign, 50^ ; already paid Abraham 
Bennick, field marshal, one pound five shillings, besides 
what rec*^. 

The several above accounts are allowed in Council. 

William Cotton, his debenter for pork to supply the sol- 
diers, horse-hire, &c., am^ to four pounds, ten shillings, 
allowed in Council, provided he bring a certificate from the 
military officers of Portsmouth, and satisfy the Council 
that it was expended in the Province Account. 

Mr. Thomas Phipps was sent down to the Assembly with 
a vote to them for continuing the act about raising a stock 
of provisions in each town. 

John Walker's debenter for his attendance upon the 
Council from November, 1704, to the 18*^ of December, 
1705, am° to four pounds, was allowed in Council and 
ordered to be paid in course. 

(Warn^ out 18^^ Dec, 1705.) 

(Another warn* out 19"^ July, 1706.) 

Mr. ^Y"^ Furbur, one <^ the House of Representatives, 
was sent up to this Board with a vote about repairing the 
prison, appointing Mr. W™ Cotton to join with whom this 
Board shall assign to attend that matter. 

Ordered, tliat John Plaistcd, Esq., and Mr. Cotton see 
to the repairing thereof forthwith ; and the Treasurer pay 
for the same out of the Treasury. 

Upon the humble application of Capt. John Knight of 
Dover, near Bloody Point, setting forth tliat the ferry 
there kept to Hilton's Point belonging to Dover Neck, and 
the other from the said Bloody Point to Kittery Neck, were 
always holdcn by the inhabitants of Trickey's farm, which 



1705.] JOURNAL OP COUNCIL AND ASSEMBLY. 323 

now is his by purchase, and there upon humbly prays that 
the right of the said ferrys may be conferred upon him. 

It is accordingly agreed, that the Governor be desired to 
give him a patent for the said ferrys, he not demanding 
more than twelve pence for every horse and man at each 
ferry, and three pence for every single person without 
Horse, he always taking care that there be Boats always 
ready, that there be no complaint thereupon. 

[p. 208.] Yoted in Council that every town .and precinct 
in this Province forthwith provide a Store of provisions to 
be ready for the march of soldiers, according to the Act of 
the 6"' October, 1703 ; which being sent down to the Assem- 
bly they returned the following vote, viz. : Past by the 
Assembly to say for that part of the Act to be revived 
only for provision for one year, and no longer, and that 
pork be paid at three pence per pound, and biscuit at two 
pence half penny per pound, or money. 

Per Sam^ Keais, Clerk. 

Dec. 18*% 1705. 

Ordered, that the Secretary do forthwith give out war- 
rants to the selectmen of each town, to raise the pro- 
visions according to the law. Upon hearing the account 
of Mr. Commissary Whittemore, Ordered, that Mr. Jaffrey 
and Mr. Penhallow be of a committee to examine the accounts 
and the officers about the receipt of the several articles in 
the same, and report the same to the next sessions of the 
Governor and Council. The Article of four pounds, seven 
shillings and sixpence, being already ordered by this 
Board. 

An Act past entituled an Additional Act for the more 
equal assessing and collecting of public taxes in this Prov- 
ince : — 

Ordered, that whereas the session of December for this 
present year is already past, the Justices resident in the 
several towns are hereby directed and empowered to appoint 



324 PROVINCE OF NEW-HAMPSHIRE. [1706. 

the persons for their several Towns in the Act, and admin- 
ister the oath to them severally, and that the same be good 
and effectual for the orders and Services in the Act men- 
tioned. Past in the Assembly this present session. 
Past in the Council, 

The Representatives consenting. 

Thomas Phipps, 
Clerk pro temjyore of the Council, 
Saml. Keais, Clerk. 
18^^ December, 1705. 

The Assembly was adj*^ by his Excellency until the first 
Thursday in April, 10 of the clock, forenoon. 

Met, and adj*^ by proclamation to the first Wednesday in 
May, 10 of the clock. Ante merediem. 

[p. 209.] Met, and adj^ till the 9^^ of May next, 10 of 
the clock, ante merediem. 

Met, and adj^ till Wednesday, the 10 of July, Ante mere- 
diem. 

Met, and adj*^ till Wednesday, the 17^^ July next, 10 of 
the clock, ante merediem. 



Province of New Hampshire. 

At a Council and Gen" Assembly held 
I at Portsmouth by adj^ on Wednesday, 

the 17^^ of July, 1706, ante merediem. 
Present, 
The Honourable John Usher, Esq., L* Governour, 
Major W^ Vaughan, ) ^ George Jaffrey, ) ^ 

Robert EUott, \ ^^'^^' Sam^ Penhallow, \ ^^^^' 

Henry Dow, Esq. 
Mr. Secretary Story was sent as a message to call the 
House of Representatives to this Board, who accordingly 
came, and his Honour the L* Governour made the follow- 
ing Speech, in hsec verba sequen (viz.) : 



170G.] JOURNAL OF COUNCIL AND ASSEMBLY. 325 

Gentlemen, — The pressing occasions of the warr, botli by sea 
and land, prevents his Excellency's meeting you in person at this 
present session. 

By his Excellency's direction, I am come into this his Majesty's 
Province, and am to acquaint you that it is absolutely necessary 
for the raising- of money for the payment of Debts due from the 
Province, and a supply for the service of the warr. 

The Enemy surrounding and pressing upon us, and for want of 
a fund in the Treasury for supply of provision, &c., there can be 
no march against the enemy, and judge not less than five hundred 
pounds, besides payment of debts, is requisite ; your proportion 
of Rates equal to your neighboring Government this year, would 
Am" to two thousand two hundred pounds. 

[p. 210.] I acquaint you by reason of Col. Hilton's having not 
a supply of provisions, he cannot march for security of the Prov- 
ince, and there is no credit in the Treasury. 

I present you with his Excellency's Letter as to this weighty 
afiair, not doubting of your readiness and compliance therewith 
and dispatching of so great a concern, the preservation of her Maj- 
esty's subjects depending thereon ; and nothing shall be wanting 
in promoting the same by me. 

The Hon^^® the L* Governour was pleased to ask the 
Treasurer for an estimate of the Province debts, which was 
delivered in at this Board, Am'' 1356 ^^ : 6 ^ : '^, and was 
sent down to the House of Representatives by Robert 
Ellott, Esq., and Mr. Treasurer, who was desired to lay 
the same before that Board. 

Colonel Hilton was sent for to this Board to give an ac- 
count of what provision was needful for the army, and was 
ordered to go to the House of Representatives and acquaint 
them with the same. 

Adj*^ till 3 o'clock, post merediem. 



326 PROVINCE OF NEW-HAMPSHIRE. [1706. 

Province of New Hampshire. 

At a Council and General Assembly held at 
Portsmouth by adj* on Wednesday, the 17^ 
July, Post merediem, Anno Domini 1706. 
Present, 
The Hon^^^ John Usher, Esq., L* Governor, 
Major W^ Yaughan, ) ^ George JafFrey, ) ^ 

Robert Ellott, ] ^^^^- Sam' Penhallow, \ ■*^^^^- 

Henry Dow, Esq. 
Theodore Attkinson, his account about billeting O'. 
laborers at the fort W^ and Mary, and for overseeing the 
sodd work at the said fort, and for cutting of sodds upon 
Mr. Cutts' land, Am° to twenty-seven pounds, was allowed 
in Council. 

Mem^, that I issue no warr* out for the paym* till further 
order. 
Adj'^ till Friday, two o'clock post merediem. 



[p. 211.] Province of New Hampshire. 

At a Council and General Assembly held at 
Portsmouth on Friday, the 19"' of July, by 
adj*, Post merediem. Anno Domini 1706. 
Present, 
The Hon^'® John Usher, Esq., [L*] Governour, 
Major W™ Yaughan, ) George Jaifrey, ) 

Peter Coffin, \ Esqs. Sam^ Penhallow, > Esqs. 

Robert Ellott, ) John Plaisted, ) 

Henry Dow, Esq. 
Mr. Secretary Story was sent as a message to the House 
of Representatives to acquaint them that if they had any- 
thing to offer to this Board, to send the same up. 

The House of Representatives sent up the following 
vote, in ha)c verba sequen : 

Yotcd, that for the supply of provision for the forces 
that shall be sent forth against her Majesty's French and 



170G.] JOURNAL OF COUNCIL AND ASSEMBLY. 327 

Indian enemies, there be a Rate forthwith made on all 
])ersons and estates throughout this Province, to the yalue 
of one hundred pounds money, and paid unto the Treas- 
urer by the first of September next coming. • 

Per Saml. Keais, Clerk. 

Read in Council and voted that a Bill be drawn and past 
into an Act, and that the Towns be proportioned. 

Cha : Story, Secretary. 

The several Acts following having been three several 
times read, was past and enacted : 

An Act for Raising of 700^^^ 

An Act for continuing of Excise, Impost and tonnage of 
shipping. 

An Act for supply of the forces with provisions. 

Mr. William Cotton's debenter, Am« to 4 ^'^^ : 10 ^ : ^ 
for one barrel of pork for her Majesty's service, and for a 
Horse and a man to wait upon the L* Governor to Boston, 
was read at this Board, and ordered to be paid out of the 
Treasury in course. 

Mr. Samuel Penhallow, his debenter, Am° to 12 ^^ : 3 " : 
2 ^, for provisions and other necessarys for the forces 
marching against the enemy, Allowed and ordered to be 
paid out of the 100'^^ rate for supply of the forces. 

Prorogued till Wednesday, the 24"' instant, 10 of the 
the clock, ante merediem. 



[p. 212.] Province of New Plampshire. 

At a Council and General Assembly 
held at Portsmouth by prorogation, on 
Wednesday the 24«' July, 1706. 
Present, 
The Hon''^® John Usher, Esq., Lieut. Governor, 
Major W™ Yaughan, J Sam^ Penhallow, ) 

Robert Ellott, > Esqrs. John Plaisted, > Esqrs. 

George Jaffrey, ) Henry Dow, ) 

Ordered, that George Jaffrey and Samuel Penhallow, 



328 PROYINCE OF NEW-HAMPSHIRE. [170C. 

Esqrs., be appointed as a Committee to join with a Com- 
mittee of the House of Representatives to consider of 
wording an address to be sent to her Majesty, relating to his 
Excellency the Goyernonr. 

A vote was sent up from the House of Representatives 
that William Cotton and Samuel Keais be a Committee to 
join with the committee of this Board in drawing and word- 
in ^ the address above mentioned, which was consented to 
by the Council. 

Adj'^ till -to-morrow morning, 10 of the clock. 



[p. 213.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Thursday, the 
25*^' July, 1706, ante merediem. 
Present, 
The Hon^^^ John Usher, Esq., Lieut. Governour, 
Major W°^ Yaughan, ) ^ Sam^ Penhallow, ) ^ 

George Jaffrey, ( ^^^^^' John Plaisted, ] ^^^^^' 

Henry Dow, Esq. 
An Address to the Queen's Majesty is agreed upon and 
drawn up by both Houses in these words foil : 

To the Queen's 3fost Excellent 31ajesty, 
The humble address of your Majesty's Council and Representa- 
tives of your Majesty's Province of New Hampshire, in New 
England, convened in General Assembly, 
Most humbly sheweth : — 

That your Majesty's Loyal Subjects, the Inhabitants of this Prov- 
ince, having been always happy since your Majesty's accession to 
the Crown under your Majesty's protection and Government, are 
humbly bold to acquaint your sacred Majesty, that notwithstand, 
ing the very great troubles this little Province lies so immediately 
exposed unto by the barbarous savages and French, our neigh- 
bors; Yet by the good Providence of Almighty God, the coiu-age, 
care and prudence of Colonel Dudley, your Majesty's Capt. Gen- 
eral and Governour, we have been exceedingly preserved beyond 
what has been in former wars; and are perfectly satisfied with the 
disposal of the people and arms of the Province and the just ex- 



170G.] JOURNAL OF COUNCIL AND ASSEMBLY. 329 

pciiccs of our money at all times under our i^rescnt Governor's 
management, as well as the administration of the civil Govern- 
ment; and humbly pray, if it may consist with your Majesty's 
pleasure, that he may be continued in the Government of this Prov. 
ince; which we are well assured will always have a tendency to 
the promotion of your Majesty's interest here as well as the ease 
and satisfaction of all your Majesty's good subjects, inhabitants 
therein. 

And wee further pray to be admitted, as the meanest of your 
Majesty's most dutiful subjects, [p. 214.] humbly to cong-ratulate 
your Majesty's most glorious success against the common enemy ; 
wliich that they may be perfected, and that your Majesty's victori_ 
ous arms may give a happy and lasting peace to Euroi^e, is the 
prayer of 

Your Majesty's 
John Pickerin, Most dutiful and obedient Subjects. 

Speaker. 
Signed in presence 

and by order of the Chas. Story, Secretary. 

House of Kepresentatives. Signed in i)resence and 

by order of the Council. 

Voted, that the Honourable the Lieut. Governoiir be 
humbly desired to cause this Address to be laid before her 
most Excellent Majesty, in behalf of the Council and As- 
sembly. Per Order of the House of Eepresentatives. 

Sam^ Keais, clerk. 

Consented to by the Council the 25"^ July, 1706. 

Chas. Story, Secretary. 

The Lieut Govern'^ was pleased to acquaint this Board, 
that according to their request he would transmit the said 
Address with all possible expedition to her Majesty. 

Adj*^ till three o'clock, post merediem. 

His Honour acquainted this Board that his Excellency was 
come into the Province and would sit in Council this after- 
noon. 



330 PROYINCB OF NEW-HAMPSHIRE. [1706. 

[p. 215.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj* on Thurs- 
day, the 25^^ July, Post merediem, 
Anno Domini 1706. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Major W^ Vaughan, ) ^ Sam^ Penhallow, ) ^ 

George Jaffrey, 1 ^'^'^- John Plaisted, \ ^^"l"^^' 

Mr. George Jaifrey and Mr. John Plaisted were sent as a 
message to the House of Representatives to discourse them 
in raising of money for payment of officers and soldiers, cfec. 
A vote was sent up to this Board from the House of Rep- 
resentatives, desiring his Excellency would be pleased to 
consider of the great charge at her Majesty's fort, W^ and 
Mary, and ease the same. 

A vote was sent up to the Governour and Council about 
raising lOO'''^ to pay the officers and soldiers under the 
command of Lieut. Colonel Hilton, for this year. 
Adj^ till 10 o'clock to-morrow morning. 



[p. 216.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth hj adj* on Friday, 
the 26"^ July, 1706. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Major W- Yaughan, ) -^ Geo. Jaffi-ey, ) ^ 

Peter Coffin, } ^'^^^- Sam^ Penhallow, [ ^^'^''^' 

John Plaisted, Esq. 
The following vote was sent up from the House of Rep- 
resentatives, in ha3C verba sequen : 

Voted, that there be a message sent from this House to 
the Governour, humbly praying that he will direct that the 
Treasurer's accounts be duly and ^irly kept at all times? 



170G.] JOURNAL OF COUNCIL AND ASSEMBLY. 331 

And Early and in every session be laid before the Assembly 
from time to time. 

Past by the Honse of Representatives. 

Sam^ Keais, Clerk. 
Consented to by the Council, and that the accounts ac- 
cordingly pass to the House of Representatives the first day 
in every session. 

Chas. Story Secretary. 

Mr. Secretary Story's account of fifty pounds, ten shil- 
lings and six pence, containing his salary and other per- 
quisites for the year ending the 17*^^ of May last past, 
allowed in Council. 

The bill for raising of one hundred pounds for payment 
of the standing forces, under the Command of Lieutenant 
Colonel Hilton, having been three several times read, was 
past and enacted. 

Prorogued till Wednesday, the 25*^ of September, 1706, 
twelve of the clock, at noon. 

Gone for England 16^^ September, 1706. 



[p. 217.] 25«^ September, 1706. Met, and adjourned 
till the eighth day of October next ensuing. 

8"^ October, 1706. Met, and adjourned till Thursday, 
the lO**" instant, twelve of the clock. 



[p. 218.] Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth by adj* on Tuesday, the 
15*^ of October, 1706. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, (fee, 
Major W"^ Vaughan, ) -^ Sam^ Penhallow, ) -p, 

Robert EUott, j ^^^^' John Plaisted, j ^^^^• 

Henry Dow, Esq. 
This day his Excellency arrived in Portsmouth, in New 



332 PEOVINCE OF NEW-HAMPSHIRE. [1706. 

Hampshire, to his Government, and communicated a letter 
from the Hon^^*' the Lords Comm* of Trade and Plantations , 
dated Whitehall, ]\Iay the 31"*, 1706, which was accor- 
dingly read, and a Thanksgiving day appointed on Thurs- 
day, the 17"^ instant. 
Adj*^ till 3 o'clock, post merediem. 



Province of New Hampshire. 

At a Council and General Assembly, held 
at Portsmouth by adj* on Tuesday, the 15*^ 
October, Post merediem. 
Present, 
Major W™ Yaughan, ) Sam^ Penhallow, ] 

Robert Ellott, > Esqs. John Plaisted, > Esqs. 

Geo. Jaffrey, ) Henry Dow, ) 

The honorable the L* Governour delivered a memorial to 
this Board, relating to service of her Majesty and his great 
disbursements, &c., in haec verba sequen : 

[p. 219.] Province of New Hampshire. 

To his Excellency Joseph Dudley, Esq., Governour and Com- 
mander-in-Chief of her Majesty's Province of New Hampshire, 
and Council. The humble applications of John Uslier, Esq., 
Lt. Governour said Province, Sheweth : — 

May it please your Excell^ and this Board, her Majestie in her 
gracious Letter, dated AYhitehall, 20*1^ April, 1703, pieased to di- 
rect tlie Governor of this Province to lay before the Assembly 
that in regard of her Majesty's receiving her good subjects of this 
Province under her imediate protection and Govermnent, that 
they do forthwith settle a constrainte* and affixed allowance upon 
her Majesty's Governour and Lieutenant Governour for time be- 
ing, reference to said letter being had more amply appear. 

For these three years have served her Majesty as Lieutenant 
Governour, both in summer and winter, on all occasions, pursuant 
to Orders and directions from his Excellency; from time to time 
have been at Great disbursements for my Lodgings and dyet for 
which never allowed any thin*,'-, besides expence of time. 
Desire this honorable Board will take same into consideration, 

* Constant? 



1706.] JOURNAL OF COUNCIL AND ASSEMBLY. 333 

that tlierc may be allowance for liis disbursements and service in 
this her Majesty's Government ; all which is humbly submitted to 
by John Usher. 

New Castle, 15^^ October, 1706. 

15*^^ October, 1706. Read in Council, and to be read again to- 
morrow. 

[p. 220.] Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth by adj* on Wednesday, the 
16"^ of October, 1706. 
Present, 
His Excellency the Governor, 
Major W'^ Yaughan, ) Sam' Penhallow, ) -p 

John Gerrish, > Esqs. Henry Dow, \ ^^^' 

Geo. Jaffrey, ) 

Mr. Secretary was sent down as,a message to the House 
of Representatives to call them to this Board, who ac- 
cordingly came, and his Excellency the Governour made 
the following speech, in hsec verba sequen : 

Gentlemen, — I am glad to meet you to congratulate you of the 
happy news of her Majesty's glorious victory in Spain and Flan- 
ders, and of your own preservations in both the Provinces the 
summer past, notwithstanding the frequent marches of the enemie 
upon the frontiers. 

I have endeavored to keep the expence as low as the security of 
the inhabitants would allow ; and I am glad to be with you at 
your solemn Thanksgiving to Almighty God for all these his bles- 
sings. 

The Summer expence is not fully provided for, the Treasurer's 
accounts will shew you, which you will take c*are of; and if there be 
anything necessary for the benefit of the Province, I shall be 
always ready to agree and represent it to your advantage, and 
you may not doubt of her Majesty's favor while you continue to 
do your duty for the just honors of the crown and your owne pres- 
ervation. 

16^^ October, 1706. 

Mr. Bridger's commission was read as surveyor of her 
Majesty's woods, &c., and the Governour acquainted the 
Council that from letters from the E* Hon^^^ the Lords 



S3-i PROVINCE OF NEW-HAMPSHIRE. [1706. 

Comm^ of trade and plantations, [p. 221.] he was commanded 
to be assisting to the said surveyor, and to put forward the 
.... after which Mr. Bridger's memorial was read, and 
ordered to be sent down to the Representatives. And the 
secretary was further advised on Friday, to lay before the 
Assembly the present Laws for the securities of Great Tim- 
ber, that the Surveyor may further propose what is neces- 
sary for her Majesty's service in putting forward naval 
stores. 

Adj^ till Friday, 10 of the clock, Ante merediem. 

Commission of John Bridger, Esq. 
[Copied from " Commissions," &c., in Secretary's Office.] 
INoTE. — The Editor has taken the liberty to abridge this Commission, 
omirtiug only those parts which are formal and repetitious. 

ANNE E. 
AxNE, by the Grace of God, Queeii, &c. '^ Judging it to be of 
great advantage to our service, That all our Dominions be furn- 
ished with Masts, Pitch, Tar, Hemp and all other Naval stores from 
our said Colonies and Plantations: Know ye, That wee, reposing 
esi^ecial trust and confidence in the skill, diligence and integrity 
of 'the said John Bridger in and for the execution and perform- 
ances of the several services abovementioned, and for other good 
causes and considerations us hereunto moving, of our special grace, 
certain knowledge and meer motion. Have nominated, constituted 
and appointed, and do hereby nominate, constitute and appoint 
him, the said John Bridger, to be surveyor-general of all and singu- 
lar our Woods within all and every our Plantations in the Conti- 
nent of America, now growing or being, or which hereafter shall 
or may Grow and be within our said Colonies & Plantations, or 
any of them; and. wee doe hereby direct, authorize and require 
the said John Bridger to instruct our loveing subjects within our 
said Colonies in making pitch and tar, raising and curing of hemp» 
and in all the matters relating to the production and the manufac- 
turing of Naval stores there : To hold, execute and performe the 
said office of Surveyor General, during our pleasure, &c.; and we 
have thought fit to grant and allow luito him, the said John 
Bridger, a Salary, or yearly Sum of two hundred pounds of lawful 
money of England &c. . . And we do hereby authorize and re- 
quire the said John Bridger, his Deputy or Deputies — at al 
convenient times and seasons in the year, to view and Survey all 



170G.] JOURNAL OP COUNCIL AND ASSEMBLY. 335 

our said Woods and Timber ; and alsoc to mark such of the said 
Trees that now or hereafter shall be titt and proper to be taken for 
the use of our Navy ; and to keep a Register of the same ; trans- 
mitting half yearly or oftener an Account of his proceedings 
herein to our High Admiral, or Commissioners for executing the 
office of High Admiral for the time being, to our High Treasurer 
or Commissioners of our Treasury, &c. . . . And, lastly, all our 
Governors, Lt. Governors, Justices, Constables, and all other our 
Civil officers within our said Colonies, &c. . . Are to be aiding, 
&c., the said John Bridger or his Deputys, &c., in the due execu- 
tion of his and their duty," 4S:;c. 

Given at our Court at Saint James, the twenty-fourth day of 
December, 1705; In the fourth year of our Reigne. 

By her Majestie's Command. 

GODOLPHIN. 

18'^ October, 1706. 



Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj*, on Friday, 
the 18*^ October, 1706. 
Present, 
His Excellency the Governor, 

Major W"' Yaughan, ) 

Peter Coffin, } Esqrs. George Jaffrey, \ -p 



John Gerrish, ) John Plaisted, 

The Bill for the better collecting the duties of excise and 
to prevent Retailers of Liquors to sell without License was 
sent up to this Board to be enacted. 

The Bill for reviving of Actions and processes lately de- 
pending in the Superiour Court of Judicature, of Assize and 
General Goal delivery, &c., within this her Majesty's Prov- 
ince of New Hampshire, and discontinued by the not holding 
of the said Court at Portsmouth, the second Tuesday in 
August last past, 1706, was sent up to this Board by the 
Representatives to be enacted. 

[p. 222.] Ordered, that the Treasurer forthwith pay to 
the Honorable the Lieut. Governour four pounds, for his 



336 • PROVINCE OF NEW-HAMPSHIRE. [170G. 

Travelling expenses in coming into this Province for lier 
Majesty's service. 

(Order out.) 

The Representatives* answer to the L* Governour's me- 
morial was sent to this Board in these words : 

May it please your 'Excellency and Council, — As to what was 
presented to this House referring to the Lieut. Governour's appli- 
cation to your Excellency and Council, now before the Assembly, 
we humbly offer this, in answer: — According to lier Majesty's di- 
rection, wee have done to the utmost of our abilities, and find that 
by your Excellency's Orders, several pounds every year has been 
paid by the Treasurer for defraying the L* Governour's charges ; 
should, if able, have been willing to have done more, but consid- 
ering the looverty of the inhabitants and the great growing charges 
Risen and arising, are not capable of adding further at present. 

Sam^ Keais, Clerk. 

October 18'^, 1706. 

A vote about the Records was sent up to this Board, in 
haec verba : 

Forasmuch as the Assembly is informed that there re- 
mains one New Book of the Province Records in Samuel 
Penhallow, Esq.'s hand, all the rest being delivered unto 
Major Vaughan, the Recorder for the Province : The As- 
sembly prays that your Excellency and Council would order 
the delivery of the said Book of Records to the said 
Recorder. 

Past by the House. 

Sam'l Keais, Clerk. 

October 18«S 1T06. 

Eodem die, read in Council, and ordered that all the 
Books relating to the Recorder be put into his hands. 

Cha. Story, Secretary. 
[p. 223.] The memorial of John Bridger, Esq., was read 
at this Board, in haec verba : 

To his Excellency Joseph Dudley, Esq,, Capt. Genei-al and Gov- 
ernour in Chiefe of her Majesty's colonies of the Massachusetts 
Bay and New Iltimpshire, and to the Council and General As- 
sembly of Now Uiimpshire : 



1706.] JOURNAL OF COUNCIL AND ASSEMBLY. 38T 

The memorial of John Bridger, Surveyor General of all her 

Majesty's woods, on the Continent of America, 
Shewetli: — 

T]jat whereas her Majesty has been most graciously pleased by 
Her Commission to me granted and instructions commanded, to 
pveserve and keep as much as in me lies, all her Majesty's woods 
from spoil and waste that shall or may be made for the future, by 
any of the inhabitants of her Majesty's colonies in America, pur- 
suant to a clause in the charter of the Massachusetts Bay, which 
reserves all trees to her Majesty's use of twenty four inches diam- 
eter at twelve inches from the ground and upwards, from being 
cut, felled or destroyed, on the penalty or forfeiture of one hun- 
dred pounds to her Majesty, her heirs and successors, for every 
such tree cut, felled or destroyed, without her Royal license first 
had and obtained for the same : 

And whereas there have been complaint made unto her Majesty 
of the spoil and waste made in her Majesty's woods ; — I therefore 
in her Majesty's name, and by the authority to me granted, do for 
the time to come forbid all her Majesty's subjects to cut, fell or 
destroy any of the trees reserved as aforesaid. And do hereby 
request of his Excellency, &c., that he would be pleased to move 
and recommend the same to the Gentlemen of the Assembly ; that 
they give notice accordingly to the inhabitants of their respective 
Counties or Towns, particularly to those whose livelihood chiefly 
consists in Logging and working in the woods, that they be very 
careful what Trees they fell in logging, &c. ; especially those in 
the upper towns and Elvers adjacent ; which trees if preserved 
would much lessen the charge her Majesty is now at in masting 
her royal Navy. 

And I do hereby promise for my own part, that I will by no 
means or ways wliatsoever restrain or hinder any of her Majesty's 
Loveing subjects from all lawful freedom, but will on all occasions 
and at all times, be ready and willing to be aiding and assisting to 
them or any of them, to the utmost of my power when the same 
shall be desired. 

This memorial was sent down to the House of Represen- 
tatives by Mr. Secretary Story. 

The two several Bills following, having been three several 
times read and passed both Houses, were consented to by 
his Excellency, and by him signed accordingly, viz : 
22 



338 PROVINCE OF NEW-HAMPSHIRE. [1707. 

The Bill for the better collecting the duties of Excise and 
to prevent retailers of Liquors to sell without license. 

The Bill for reviving actions and processes lately depend- 
ing in the Superiour Court of Judicature of Assize and 
General Goale delivery, &c., within this her Majesty's Prov- 
ince of New Hampshire, and discontinued by the not hold- 
ing of the said Court at Portsmouth, the second Tuesday in 
August last past, 1706. 

Prorogued till Wednesday the first day of January next. 

1^* January, 1706. Met, and adj*^ till to-morrow, two of 
the clock, post merediem. 

2^ January. Met, and adj^^ till Friday the 10^,^ instant, 12 
of the clock at noon. 

[p. 225.] 10^^ January. Met, and adj^ until Wednesday 
the 19*^ February next, 12 of the clock at noon. 

19^^ February. Met, and adj*^ to the 26^.^ March, 1707, 
12 of the clock at noon. 

16*^ March, 1707. Met, and prorogued till the 2^ day of 
April next, 12 of the clock at noon. 

2^ April, 1707. Met, and adj"^ till to-morrow, 12 of the 
clock at noon. 

3*1 April, 1707. Met, and adj<^ till ]\[onday the 7^^ of 
April, instant. 

[p. 220.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by prorogation, on 
Monday, the 7"' April, 1707. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, &c.. 
Major Vaughan, ) Nath. Weare, ) 

Peter Coflin, [ Esqrs. Sam^ Penhallow, } Esqrs. 
Pob^ Ellott, ) John Plaisted, ) 

John Gcrrish, Esq., Henry Dow, Esq. 
Mr. Secretary Story was sent as a message to the House 



1707.] JOURNAL OF COUNCIL AND ASSEMBLY. 339 

of Representatives to call that House to this Board, who 
accordingly came, and His Excellency to make the following 
Speech, in lia3C verba sequen : 

Oentlemen : — 

The opeimess and uncertainty of the weather this winter has 
prevented us from doing what we intended against the enemy ; 
yet we are to acknowledge the good Providence of Almighty God, 
that we have been preserved from any inroad, and have had so 
good an advantage against the Rebels the last March. 

At the earnest solicitations and motion of the Assembly of the 
Province of the Massachusetts, I have entered upon an expedition 
to Nova Scotia and L'Acadie, to make what spoil I can upon our 
ill neighbors, the French there inhabiting, and shall have a thousand 
men ready in ten days' time with provisions and Transports, be- 
sides some assistants which I hope from her Majesty's Government 
of Connecticut and Rhode Island, and must expect a just qnota 
from you for that service. I shall at j) resent only draw out sixty 
volunteers with oflScers, for whom you will, I doubt not, take care 
to provide. 

Mr. Treasurer will show you the present state of your Debts 
and what will be necessary for the advance, and I desire you will 
proceed chearfully to grant the supply ; the time is very short, the 
day of the muster of the forces being the seventeenth instant, re- 
quire me to be in the several parts, to review such men [p. 227.] as 
are raised, — That I must desire you forthwith to dispatch what is 
before you. I have always taken care that this little Province be 
not overburthened, and that yonr money maybe justly expende^d; 
which I shall alw^ays continue to do, and expect your readiness to 
grant what is necessary accordingly. 

A vote was sent up by the Representatives humbly offer- 
ing their concurrence to the keeping a Fast, the 16th April 
instant, according to the Proclamation sent them from this 
Board, being upon file, and is in haec verba sequen : 

By his Excellency, Joseph Dudley, Esq., Captain General and 
Governor in Chiefe in and over her Majesty's Province of the 
Massachusetts Bay and New Hamx)shire, in New England: 

A PROCLAMATION FOR A GENERAL FAST. 

Upon due consideration of the holy anger of Almighty God, 
evidently manifested by lengthening out the troubles of Euroj^e, 



340 PROVINCE OF NEW-HAMPSHIRE. [1707. 

as well as our own, aud contimiing them and ourselves under the 
sore calamities of a distressing bloody war, (notyrithstanding 
the many great victories obtained against the Common Enemy of 
Europe) which always bespeak our humble prostration at the feet 
of Divine Sovereigntye, with penitential confession of our many 
aggravated sins and provocations, and fervent supplications before 
the Throne of Grace for the free remission of them ; That the past 
displeasure of God against us may be removed : 

I have therefore thought fit, with the .advice of her Majesty's 
Council, and at the concurrent desire of the Representatives at 
their present session, to appoint and Order, that Wednesday, the 
sixteenth day of April, instant, be set apart and observed for fast- 
ing and prayer throughout these Provinces, exhorting both minis- 
ters and People in their Public Assemblies and in their i)rivate 
devotions religiously to solemnize the said day, that by a sincere 
repentance and steady affiance in the Divine Mercy in their most 
humble addresses to God, they may obtain these great blessings. 
[p. 228.] That our sovereign Lady the Queen, with her kingdoms 
and Dominions, may always be under the protection of heaven ; 
Her Majesty's life and happy government long continued; Her 
Council and just Arms prosi)ered ; That the Government of these 
her Majesty's Provinces may be always under the influences of 
Divine direction, in all their administrations and just enterprizes, 
and the smiles of Heaven attend them; The designs of Enemies 
defeated; the residue of our captives returned; That health may 
be continued ; And the ensuing year crowned with the fruits of 
Divine Benignity ; That the present War and tumults of the na- 
tion may happily issue in the advancement of the Protestant 
religion and the Glorious Kingdom of our Lord and Sa\dour Jesus 
Christ ; And all servile labor is forbidden in the said day. 

Given at the Council Chamber in Portsmouth, the seventh day 
of April, 1707 ; In the sixth year of the reign of our Sovereign 
Lady Anne, by the Grace of God, of England, Scotland, France 
aud Ireland, Queen, defender of the faith, &c. 

J. Dudley. 

By Order of his Excellency and Council. 

Cha. Story, Secretary. 

God Save the Queen. 

Adj'^ till three o'clock, Post merediem. 



1707.] JOURNAL OF COUNCIL AND ASSEMBLY. 311 

[p. 229.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adjournment, 
on Monday, the seventh day of April, 
170T, Post merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, 
Major Wm. Yaughan, ^ John Gerrish, ^ 

Peter Coffin, I -p Sam^ Penhallow, [ -^ 

Robert Elliott, f ^^^^' John Plaisted, f ^^^^' 

Nath^ Wear, j Henry Dow, j 

It being reported at this Board that Colonel Thomas 
Packer, Chirurgeon, had taken the Indian squaw lately 
wounded under his care and protection, to be cured, It is 
therefore directed that the said Packer proceed in curing 
the said Indian Squaw, and that the charge thereof be paid 
in proportion by the Massachusetts and this Government. 

The complaint of George Yaughan, Esq., was read at 
this Board con^ Thomas Phipps, Esq., as on file. 
Adj*^ till to-morrow morning, ten of the clock. 



[p. 230.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adjournment, 
on Tuesday, the 8*^ of April, 170T. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Major W™ Yaughan, J John Gerrish, ) 

Robert Elliott, [ Esqs. Sam^ Penhallow, [ Esqs. 

Nath^ Weare, ) John Plaisted, ) 

Henry Dow, Esq. 
Ordered, That the Sloop Adventure, belonging to Chr. 
Amazeen and Joseph Jackson, be taken into her Majes- 
ty's Service upon an expedition to Nova Scotia and L' Acadie, 
And that Mr. Elliott be desired to see that a platforii; bo 



342 PROVINCE OF NEW-HAMPSHIRE. [1707. 

laid in the said sloop, and that the said Chr. Amazeen and 
Joseph Jackson provide two able men to sail the sloop, 
which shall be in pay from the ninth instant ; and Robert 
Elliott, Esq., is hereby ordered to give the accustomed 
Oath to three sufficient persons as apprizers, to value and 
apprize the aforementioned Sloop, and to make return 
thereof into the Secretary's office. 

Ordered, That Major W^ Yaughan and Mr. Richard 
Waldron be appointed as a Committee to audit the Treas- 
urer's accounts, and the accounts relating to her Majesty's 
fort, "AV™ and Mary, and report the same at the next ses- 
sion of the Gen^ Assembly. 

Upon reading the complaint of George Yaughan, Esq., 
this day, against Thomas Phipps, Esq., Justice of the 
Peace, relating to a case tried before him wherein Lazarus 
Noble was plaintiff and Caleb Griffith, Tenn* to the said 
Yaughan, was the Deft., as upon file, 

The Govern'' and Council declare that the Justice's pro- 
ceedings in the case mentioned in the said complaint (title 
of land being concerned and pleaded) was contrary to Law 
and is thereupon void, and the said Caleb Griffith at rest 
therefrom. 

[p. 231.] Upon application of John Fifield, of Kings- 
town, that Edward Fifield, Mr. Samuel Calcott, Jr., Jona- 
than Calcot, James Beane, Jabez Colman and Phillipp 
Huntoon, belonging to the said Town of Kingstown, have 
deserted and left the said town, whereby tlie other inhabi- 
tants are much weakened and exposed to the danger of the 
enemy : 

Ordered, That Mr. Secretary Story write to the Capts. 
of Exeter and Hampton that they forthwith direct the per- 
sons abovesaid (being und^r their commands) that they 
immediately return to their former habitations in Kings- 
town, for the strengthening of the place against the com- 
mon enemy ; and in case they shall refuse so to do the said 
Capts. are hereby ordered, That when they send soldiers 



1707.] JOURNAL OF COUNCIL AND ASSEMBLY. 343- 

to her Majesty's fort W'" and Mary, that the above persons 
be the first that shall be sent there, and to continue his 
Excellency's pleasure. 

Ordered, That Colonel Thomas Packer be paid seven 
pounds out of the Treasury for the rent of the Rooms 
where the Council and Assembly sits, being for the year 
1705, according to the Assembly's vote. 

A vote was sent up by the Assembly returning the 
thanks of the whole House for his Excellency's Speech, de- 
siring his Excellency to proceed in sending men upon the 
expedition to Nova Scotia and L'Acadie, and are willing to 
raise money for that expedition in proportion of their 
quota, <fec. 

Ordered, That Mr. John Campbell, Post Master General, 
be paid six pounds in course out of the Treasury as an al- 
lowance from this Province, as an encouragement to the 
General Post Office. 

Upon reading the petition of John Cross this day at the 
Board (as upon file) relating to his being admitted as an 
Informa pauperis, 

Ordered, That the Justices of her Majesty's Superiour 
Court and Inferiour Court of this Province admit the peti- 
tioner an Informa pauperis and assign him his attorney 
and Council. 

[p. 232.] Upon Complaint and application of the se- 
lectmen and constables of Portsmouth and Il'ampton, that 
there are several inhabitants lying between them and Dover 
and Exeter that pretend to be out of their parish or pre- 
cinct, thereby laboring to avoid paying their just propor- 
tion to the subsidy granted her Majesty for the support of 
the Government in the present war, 

It is ordered that the Justices of the Peace forthwith 
appoint certain persons, inhabitants of Dover, Portsmouth, 
Exeter and Hampton, to settle the Bounds between tlie sev- 
eral precints and parishes in the Province, so as to deter- 
mine all the inhabitants to their proper places, that none 



34-1 PROVINCE OF NEW-HAMPSHIRE. [173/. 

of them may fail of doing their duty and paying their just 
proportion to the payments and taxes granted to her Maj- 
esty by the General Assembly from time to time. 

An act entituled An Act for the supply of the forces to 
march against the enemy, 

Having been three several times read in both Houses 
was past and enacted. 

Mr. Secretary Story was sent as a message to call the 
House of Representatives to this Board, who accordingly 
came, and his Excellency was pleased to prorogue the As- 
sembly to Tuesday, the Twenty fourth day of June next. 

And accordingly the Assembly is prorogued till Tuesday 
the 24*h June, 1707. 

[p. 234.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, the 15^^ October, 
1707. 

Present, 
His Excellency Joseph Dudley, Esq., Govern our, &c., 
^lajor Yaughan, ) ^ Sam^ Penhallow, ) ^ 

Robert EUott, \ ^^^^^' John Plaisted, p^^^s- 
Mr. Secretary was sent as a message to call the House of 
Representatives to this Board, who accordingly came ; And 
his Excellency was pleased to make the following speech : 

Gentlemen: — 

I have delayed your session till now that I might have received 
her Majesty's commands, which are expected by the Reserve Frig- 
ate bound liither; but the season of the year is not [now?] so far 
advanced, and your affiiirs requiring your meeting, I have judged 
it not reasonable to defer your business any longer. 

AVe have been sensible of the Good Providence of Almighty 
God in tlie preservation of our selves, and our neighbors in the 
other Province upon the frontiers, notwithstanding several inroads 
of the enemy, and some loss that we have sustained. 

The charo-e of the Port Royal Expedition, and your other ex- 
pences must be now provided for, that we may be just in the pay- 
ment of the Muster Rolls of those that have served us. 



1707.] JOURNAL OF COUNCIL AND ASSEMBLY. 345 

Mr. Treasurer will give you a State of the Debts, aud what is 
absolutely necessary, I am sure of your readiness in granting it 
to be forthwith raised ; The Province being sensible of a good 
Rummer and harvest to support us. 

[p. 235.] I hope you will see reason to dispatch as soon as may 
be, that you may be in your several stations where you are wanted. 

There shall be nothing left undone on my part to assist the Prov- 
ince and her Majesty's affairs at all times as is my duty. 

Adj*^ till to-morrow morning, 10 of the clock. 



Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj*, on Thurs- 
day, the 16^^^ October, 1707. 
Present, 
Joseph Dudley, Esq., Govern our. 
Major W"^ Yaughan, \ 

Robert Ellott, \ Esqrs. Sam^ Penhallow, ) ^ 

John Gerrish, ) John Plaisted, \ ^^^^^' 

Mr. Treasurer was sent down to the House of Represen- 
tatives to lay before them an estimate of the Province Debts. 
Adj*^ till to-morrow morning, 10 of the clock, ante me- 
rediem. 

Met the 17*^ October, present Ut supra. 

Adj'^ till to-morrow, 10 of the clock, ante merediem. 



Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj*, on Satur 
day, the 18*^ October, 1707. 
Present, 
His Excellency the Governour, 
Major W™ Yaughan, 
Peter Coffin, ) 

Robert Ellott, } Esqrs. Sam^ Penhallow, ) -^ 

John Gerrish, ) John Plaisted, ^^^^^- 



346 PROVINCE OF NEW-HAMPSHIRE. [1707. 

The Officers here after named are appointed a Council of 
War, or any five of them, whereof Colonel Hilton or Major 
[p. 236.] Smith to be one, to proceed to the examination and 
judgment of any military offences in breach of the articles 
of Warr of any Officer* or soldier that is or has been in the 
pay of the Province, and to report the proceedings to the 
Governour before execution, in all cases : 

1. Colonel Hilton, 7. Capt. Davis, 

2. Major Smith, 8. Capt. Green, 

3. Capt. Phipps, 9. Capt. Oilman, 

4. Major Walton, 10. Capt. Hill, 

5. Capt. Tuttle, 11. Capt. L* Nich^ Oilman, 

6. Capt. Langdon, 12. L* James Philbrooke. 

Mr. Thomas Packer's debenter, am^ to 79^^ : 6", about 
provisions and medicines for the wounded Squaw, was sent 
to the Representatives to make report, which was accord- 
ingly done, (as upon file) viz., the difference between 
Colonel Packer's account and the allowances of the As, 
sembly, 25 : 10 : 8, due to ballance to the said Packer and 

*A7i Act relating to Troopers. 

Province of New Hamp're. 
[Seal.] Whereas there is noe punishment or fine inflicted by Law upon anj' Troopers 

in the Province for any disorder, disturbance or military oftence, which at any time 

may be committed by them : 

Be it enacted by his Excellency the Gov'r, Council and Representatives convened in 
General Assembly, and by the Authority of the same, that all troopers within this 
province who shall be guilty of any disorder or disobedience to their superior officers, 
or coramitt any military offence, shall pay double the fine sett by the Law upon foot 
souldjers ; and in other cases where the punishment is corporal, shall undergoe the same 
• punishments as the foot souldjers, to be inflicted by the officers as the Law in-ovides for 
foot souldjers —any Law, usage or custom to the contrary notwithstanding. 

IGth October, 1707. This bill was read three times in the House of Representatives 
and past to be enacted, and sent up to the Council for concurrence. 

Joiix PiCKERix, Speaker. 

Eodem die. This bill was read three several times at the Council Board, and voted 
a concurrence with the House of Representatives, His Excellency assenting thereto. 

Cha. Stouv, Secretary. 
I assent to the enacting this Bill. J. Dudley. 



1707.] JOURNAL OF COUNCIL AND ASSEMBLY. 347 

allowed by the Assembly, — fifty three pounds, fifteen shil- 
lings, four pence. 53 : 15 : 4. 

To advance of the Treasurer in necessaries for 
the Indian Squaw, and wages for the nurse, 18 : 0:0 

Sum total, 71 : 15 : 4 

The sum of seventy-one pounds, fifteen shillings, four 
pence, being allowed by the Assembly to the Treasurer and 
Mr. Packer, is the present allowance and ordered to be paid. 

J. Dudley. 
22^^ October, 1707. 

Ordered, that all soldiers that travel to their regular mus- 
ters be carried over all ferryes in this Province for half 
ferriage pay; And that all soldiers immediately in the 
Queen's service and under pay, be transported over any of 
the said ferryes for two pence per piece. 

Adj*^ till Monday next, 10 o'clock, ante merediem. 

Monday, the 20^^ October. Met, and adj*^ to Wednesday, 
the 22^ instant, 10 of the clock, ante merediem. 



[p. 237.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj*, on Wed- 
nesday the 22*^ of October, 1707. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Major W"^ Yaughan, J John Gerrish, ^ 

Peter Coffin, [ Esqrs. Sam^ Penhallow, > Esqrs. 

Robert Ellott, ) John Plaisted, ) 

A vote was sent up to this Board from the House of Rep- 
resentatives, that a bill relating to troopers may be en- 
grossed.* 

*See bill on preceding page. 



348 PROVINCE OF NEW-HAMPSHIRE. [1707. 

A vote was sent from this Board, in haec verba : 

Voted, that five pounds be given unto Robert Thompson 
out of the Treasury, for his encouragement in bringing in an 
Indian scalp, was read at this Board and consented to by 
the Council, and ordered to be paid out of the Treasury. 

The following vote was sent up from the House of Rep- 
resentatives, in haec verba : 

Voted, that an address be made to her Majesty to repre. 
sent the distressed state of this Province by reason of the 
War, and pray for relief of small arms and ammunition. 

Also another to Justify the Governour in his good con- 
duct here against the malicious aspersions of male-con- 
tents, and that the Council be prayed to Join with us 
therein ; and his Excellency humbly desired to give his 
fiat thereto. 

Past by the House. Per. Sam^ Keais. 

Read in Council and agreed to, nemine contra dicente. 

Cha. Story, Secretary. 

Adj^ till the afternoon. 



[p. 238.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj*, on Wed- 
nesday, the 22*^ October, 1707. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
W™ Vaughan, ) John Gerrish, J 

Peter Coffin, V Esqs. Sam' Penhallow, > Esqs. 

Robert Ellott, ) John Plaisted, ) 

The following Address being three several times read at 
this Board was sent down to the House of Representatives 
and agreed upon by both Houses : 



1707.] JOURNAL OF COUNCIL AND ASSEMBLY. 349 

To the Queen^s Most Excellent Mnjesty: 

The humble Address of your Majesty's Council and Kepresenta- 

tives of your Majesty's Province of New Hampshire convened 

in General Assembly, 

Humbly sheweth : — 

That notwithstanding his late majestic was graciously pleased 
out of his princely reguard to send a supply of Artillery and am- 
munition for your majesty's fort at Great Island ; since which the 
great expense of rebuilding said fort and constant keeping men 
in pay for the better defense of this your Majesty's Province 
towards the sea, together with the extraordinary charge of de- 
fending the frontiers by land against the Indian rebels, assisted by 
the French from Canada and Port Royal, has reduced your Maj- 
esty's poor subjects to a great distress ; many of whom have been 
necessitated to remove, by which our number and strength are 
lessened ; others cannot provide for their families but with hazard 
of their lives, many fields lying untilled, [p. 239.] unless such as 
are under covert of the garrisons ; at present we labor under a 
great want of good small arms and ammunition, which are daily 
wasted and lost in the wilderness in pursuit of the enemy, and by 
reason of our i^overty cannot be supplied. 

Your Majesty's petitioners, therefore, most humbly pray of 
your most Excellent Majesty that of your Majesty's Royal Bounty 
they may be supplied with such a quantity of small arms of sev- 
eral sorts, and ammunition proper for them, as well as for the 
great ordinance at your Majesty's fort in tliis Province, which will 
at all times be thriftily expended for the defense of your Majesty's 
good subjects ; and we shall ever pray for the increase of your 
Majesty's glorious victories over the enemies of the repose of 
Euroi^e, and your Majesty's long and happy reign over us. 

Portsm^ in New Hampshire in New England, 22<^ October, 1707. 

We are your Majesty's most dutiful and obedient subjects. 

Charles Story, Secretary. 

Signed in presence and by order of the Council. 

John Pickerin, Speaker. 

Signed in i^resence and by order of the House of Representa- 
tives. 



350 PROVINCE OF NEW-HAMPSHIRE. [1707. 

To the Queen^s 3fost Excell. Majesty: 

The humble address of your Majesty's Council and Eepresenta- 

tives of your Majesty's Province of Xew Hami)shire, convened 

in General Assembly, 

Most humbly sheweth: — 

That since our late address to your most Sacred Majesty, repre- 
senting the poor and distressed condition of this your Majesty's 
Province, we are surprized with advice from England that sev- 
eral disaffected persons have petitioned your Majesty for the re- 
move of Colonel Dudley, our present Governour, for male-admin- 
istration, which we are well assured was done out of a particular 
pique b)^ the principal of the said petitioners, who drew in others 
to subscribe at knew nothing of Colonel Dudley, nor had any 
families or concerns in New England ; and we admire the more 
thereat, for that your Majesty had then received an address from 
the Council and Assembly of this Province, humbly representing 
the great care and good conduct of Colonel Dudley in the Gov- 
ernment thereof, both as to the War as well as civil administra- 
tion ; And we are humbly bold to let your Majesty know that we 
are still oi the same opinion, having daily instances of the inde- 
fatigable pains for the defense of the frontiers against the French 
and Indian enemy, who, by the prudent foresight and good intelli- 
gence which he has always gained of the enemies motion, and 
where they designed to make an attack, has sent seasonable relief 
so as that their designs have been totally defeated and your Majes- 
ty's good subjects and their estates thereby preserved. 

"We therefore most humbly pray that the malicious insinua- 
tions of a few male-contents may have no impression upon your 
[p. 241.] Majesty to the prejudice of Colonel Dudley, but that if it 
consists with your Majesty's good i)leasure he may be still con- 
tinued in his Government, whereby we firmly believe your Majes- 
ty's honor, the interests of the Crown and the weltjire and pros- 
l^erity of your good subjects here will be better promoted than by 
another person, not so well acquainted with the afiairs of this 
country. 

It only remains that we continue to render our most sincere 
thanks to Almighty God for the success of your Majesty's victo- 
rious arms and the happy union of your Majesty's Kingdoms of 
Great Britain, which will for ever advance your Majesty's Glory 
and tend to the ruin of the enemy of the repose of Europe, most 



1707.] JOURNAL OF COUNCIL AND ASSEMBLY. 351 

humbly bescccliiiig" God for j'oiir Majesty's long- life and happy 
reign over us. 

Portsmouth, in New Hampshire, ? 
in New England, 22'^ October, 1707. ^ 
We are your Majesty's most dutiful and obedient Subjects. 

Cha. Story, Secretary. 
Signed in i^resence and by order of the Council. 

John Pickerin, Speaker. 
Signed in presence and by order of the House of Representatives. 



3Iinisters' Address to the Queen against the removed of Governor 

Dudley y 1707. 

[From MS. copy in Secretary's Office.] 

To the Queen^s most Excellent Ifojesty. 

The humble Address of the Ministers of New Hampshire, in New 

England, humbly sheweth : 

That your Majestie's good subjects in the Province are very joy- 
full and sincerely thankful! to your Majesty for all your Royall 
benefits to this poor lorovince, and particularly for your Majesty's 
favor in sending Col. Dudley, Governor; who, being a native of 
this country, has the love and affection of all your Majesty's sub- 
jects; and is so particularly hnounng [?] of all the features and 
avenues of these large provinces, that he has by the forces raysed 
here met and defeated the Rebels very often, and the good Provi- 
dence of Almighty God has greatly prospered & blessed his service 
to yoiu' Majesty's honor; and whatever insinuations are made 
against him to your sacred majesty, or your Majesty's great Minis- 
ters of State, we are sure he is unfeignedly steady in your Majesty's 
service, an example of religion, virtue & moderation to all good 
men ; and we humbly pray, on behalf of ourselves and your Maj- 
esty's good subjects under our care, that it may consist with your 
Majesty's Royall wisdom, he may be yet continued to rule over us ; 
which we dare not have presumed to ask, if evil minded men 
against us & such as least know us, had not lately addressed your 
Majesty for his removal, contrary to the willing & united desires 
of all your Majesty's good subjects here. 

May the great God i^rosper your Majesty's arms & make your 
Majesty the glorious instrument of re-establishing the peace of 
Europe. 



352 PROTINCE OF NEW -HAMPSHIRE. [1707. 

Ma}' your sacred Majesty be blessed with a long and prosperous 
reign over a people protected, reformed & united by your Majesty's 
most serene & excellent conduct ; & your Majesty's and your good 
subjects' satisfaction therein Avill be everlasting. 
Wee are your Majesty's most loyal and dutiful subjects. 

John Cotton, IVIinister of Hamilton. 

Nathl. Eogers, Minister of Portsmouth. 

John Pike, Minister of Dover. 

John Buss, Minister of Oyster River. 

John Emerson, ^Minister of Xew Castle. 

Theophilus Cotton, Minister of the Isles of Shoales. 

Yoted, whereas Eichard Otis, of Dover, late deceased, 
died intestate and left not estate sufficient to pay his debts : 

Ordered, that Susanna Otis, administratrix upon said es- 
tate, have power to sell so much of his Lands lying in the 
Township of Dover as will pay his said Debts ; there being 
not chattels sufficient to pay the same ; Always provided, 
that accounts be first made up by the ordinary, and showed 
forth, and left of Record in the Superiour Court of the 
Province. 

Allowed and past by the Assembly. 

Per Sam^ Keais, Clerk. 

22*^ October, 1707. 

Bead in Council, allowed and approved and sent to the 
House of Representatives. 

Cha. Story, Secretary. 

[p. 242.] Yoted, that the money due from this Province 
on account of the Summer's Expedition to the Eastward, 
we pray it may be deferred until the next session of the 
Assembly ; when we promise that we will proceed to raise 
money to defray the just charges thereof. 

Passed by the House. 

Sam^ Keais, Clerk. 

22** October, 1707. Read in Council and voted a con- 
currence. 



1708.] JOURNAL OP COUNCIL AND ASSEMBLY. 853 

Letter from Gov. Dudley to 3fajor Vcmghan. 
[MS. Cor., Vol. I., p. 9, Secretary's Office.] 

Koxbuiy, 22 January, 1707-8. 
Sr. — Mr. Secretary Story & Mr. Speaker Pickering have been 
with mee and acquaint nice there is a desire in your province to 
send an agent to England. If tlie Assembly in their next sessions 
shall acquaint nic with the person whom they would send, to take 
care to pass an Act for money for his support in tlieir service, & let 
me see his errand, if it be for the service of the Province, and his 
Majesty's service, I shall readily agree thereto. 

The Assembly at the same time must also raise a tax for the sup- 
ply of the Treasury for the payment of their forces the last sumer's 
Expedition, or els I cannot reasonably expect the service of the 
soldiers for the defence of the country. 

I desire yourself & the gentlemen of the Council will take care 
herein, & that we have notice by ExiDress, if need be, of what they 
do, and adjourn them after two or three days' conference, for a 
week, for my further directions if need be. You w^ill use all pru- 
dence to steer the Assembly, & communicate this letter. 
Your humble servant, 

J. Dudley. 
Major Yaughan. 



Letter f 7' oi]it Gov. Dudley to the Council. 
[MS. Cor., Vol. i:, p. 11, in Secretary's Office.] 

Boston, 9 Feb., 1707. 
Gentlemen : — 

It is the undoubted right of the General Assembly, at their meet- 
ing, to address her Majesty & send their own messenger therewith : 
& you, having chosen Captain George Yaughan your Agent for 
the purpose, I must agree thereto, & desire you will give him your 
AaJvess & Dispatches as soon as possible, that his voyage be not 
lost ; c^ for what money you have granted to her Majesty for his 

support > u will take your own methods to exchange it 

hence, in which I am sure Mr. Treasurer will do his duty upon 
your application, & I will signe the warrant for it when sent me 
properly from the Council Board, to be lodged as his order in the 
Treasury Office, & he must make no doubt thereof, but proceed 
forthwith, if any time be wanting he must be paid. . . . 

I direct your prorogation to be to the last Wednesday in March, 
and Major Yaughan is hereby directed to declare it. Captain 
23 



854 PROVINCE OF NEW-HAMPSHIRE. [1708." 

Yaughan, when he has your despatches, I suppose will see me here, 
to take shipping. 

I am, Gentlemen, your very humble servant, 

J. DUDL'EY. 



Address to Queen Anne. Sent by Capt. Geoi^ge VciKghan, 1707-8. 

[Coll. N. H. Hist. Soc, Vol. L, pp. 140-141.] 
To the Queen'' s most JExcellent 3fajestie: 

^yee, your Majestie's most Loyal and Dutiful subjects, y^ Repre- 
sentatives of your Majestie's province of New Hampshire, and in 
General Assembly convened, most humbly begg leave to prostrate 
ourselves at the feet of your sacred Majestic, and now at this time 
more especially to represent to your Majestic, That our ancestors 
and predecessors some eighty years past coming over from Eng- 
land, and issueing out from the neighboring Colonies, and by and 
with their concurrence and encouragement, i)eaceably and in a 
pub lick manner entered and satt downe upon the now inhabited 
lands of this province, and which were not only then vacuum dom- 
icilium, but a miserable desart, and surrounded with the Barbarous 
Salvages, from whose Sachems our ancestors all along informed and 
assured us the said lands were honestly .and justly purchased for 
their use. 

That wee and our ancestors through the great mercy of Almighty 
God, by the expence of our treasure and the work of our hands, 
have now turned this wilderness into a fBwitful field. 

That wee and our predecessors have, with the expense of our 
lives and estates, defended this your Majestie's province in two 
long and distressing Warrs, against the Barbarous Salvages, as- 
sisted by the French King's subjects, and which wee are yet engaged 
in, and must have sufiered very much were wee not encouraged 
and protected by the great and constant care and vigilance of his 
Excellency our Governor, and the assistance of his other govern- 
ment, both as to men and money. 

That by the diligence, industry and expence of your Majestie's 
Loyal subjects of this your Majestie's Province, wee have soe im- 
proved this your Majestie's Country, that the trade thereof has 
become very Considerable, and of great Importance and advantage 
to your Majestic and your peoi)le of Great Britaine. 

That all this has been done without the least Aid or Assistance 
Imaginable of Mr. Mason, or those that succeed him in their pre- 
tended Claime to this Countrey. 

That the possessions and Estates of this province have been 



1708.] JOURNAL OF COUNCIL AND ASSEMBLY. 355 

boiiglit and sold, and have descended from family to family for Now 
neare-seventy years tog-ether; and Except it be a very few of the 
Inhabitants, is all they have in the World. Notwithstanding all 
which, by the Governor's interposition, who endeavored to Ilecon- 
cile the difterence between Mr. Allen and the peojjle (and not from 
any diflerence of our own Right) wee made Overtures to an 
Agreement ; but Mr. Allen's death prevented any further proceed- 
ings therein.* 

That if your Majestie's most loyal subjects of this your Majestie's 
province may, by your Majestie's Royal favor, be confirmed and 
encouraged in the possession and Enjoyment of what they have 
acquired so Just a Right to, and may yett be protected and de- 
fended from the unreasonable and unjust Claim and demand of 
Mr. [Thomas] Allen, which they confidently promise themselves 
from the late instance of your Majestie's great Justice done them 
in the same case, when Mr. Allen Appealed from a Judgment of 
your Superior Court here to your Majestic in Council, where Judg- 
ment was affirmed in favor of the Inhabitants, & hereby your 
Sacred Majestic will not only have the Gratefull Acknowledgments 
of your Majestie's most Loyal and Dutiful Subjects in this your 
Majestie's province ; but your Majesty and your people in all places 
will reap the benefitt and advantage thereof in the Increase of the 
Trade of this Countrey by a greater supply of your Majestie's Navy. 

Whereupon, wee your Majestie's most loyal and dutiful subjects, 
the Representatives of this your Majestie's Province, with all 
humble i^rostration, doe, in the Name and behalfe of all your Maj- 
estie's people, the Inhabitants of this your Majestie's province, most 
humbly supplicate your sacred Majesty to take the Circumstance 
of our Case and Condition into your Royal Consideration, on 
whose Wisdom, Justice and favour Wee shall alwayes rely and 
intirely submitt ourselves to, who are your Majesty's most, &c. 

*"May 5, 1705. Samuel Allen, Esq., deceased, (some time Governor of N. H.) after 
3 or 4 days' visitation with fever and pleuritical pains; a sober and worthy gentleman." 
[Aged Qd.]—Fike Journ. 



356 PROVINCE OF NEW-HAMPSHIRE. [1708. 

Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Thursday, 
the 19*'^ February, 1707. 
Present, 



W" Yaughan, ^ Sam^ Penhallow, 

Robert EUott, > Esqs. John Plaisted, 



Esqs. 



John Gerrish, 

Pursuant to his Excellency's letter of the ninth instant, 
the General Assembly are prorogued till Wednesday, the 
last day of March next. 

[p. 243.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, by prorogation, 
on Wednesday, the 5"' May, 1708, 
post merediem. 
Present, 
His Excellency, Joseph Dudley, Esq., Governour, 
Sam^ Penhallow, ) p 
John Plaisted, J ^^^^• 

Adj'^ till to-morrow morning, 10 of the clock, ante me- 
rediem. 

Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adjournment, 
on Thursday, the 6"^ of May, 1708, 
ante merediem. 
Present, 
His Excellency, Joseph Dudley, Esq., Governour, 
Major W" Vaughan, 
Peter Coffin, ) ^ Sam^ Penhallow, ) y 

Robert EUott, ( ^^^^' John Plaisted, \ ^^^^* 

His Excellency the Governor sent Mr. Secretarj^ as a 
message to the House of Representatives to call them upp 
to this Board, who accordingly came, and his Excellency 
made the following speech : 



1708.] JOURNAL OF COUNCIL AND ASSEMBLY. 357 

Gentlemen: — 

The winter is passed witliout any inconvenience from the 
enemy, unless it be that it has made ns more careless of danger, 
and some of our people thereupon doc neglect their watches and 
caution which must be reformed everywhere, lest we be surprized 
into some great mischief. 

The oiRcers and soldiers in the last year's service should have 
been provided for before this time, and a fund sett for their pay- 
ment ; biit it must be noe longer delayed, and the other debts of 
the Province shall be laid before you by the Treasurer. 

[p. 244.] I desire and expect that the gentlemen of the House 
of Representatives will take care that wee be just in our pay- 
ments, that wee may obtain the favor of God and maintain her 
Majesty's Honor, our own just reputation, and prevent the Com- 
plaints of any of her Majesty's subjects to whom wee are in- 
debted. 

We are always during the warr in necessity to raise men for 
our defense, and we must take care there be that in the Treasury 
that will support us. 

I shall doe my duty in placing soe many at the fort as are nec- 
essary for the summer's service, and we must have a small party 
for a distant scout and discovery, and there must be provision for 
them, and you must not forget your agent that you have lately 
sent home. 

I desire the gentlemen of the Representatives that they will 
proceed therein with all good agreement and as soon as they 
may ; the session need not be long. 

I have always seen so much friendship and unanimity in the 
Assembly of this Province that I doubt not of your doing your 
duty herein ; and the good Providence of Almighty God will still 
preserve us. I shall not fail at all times to represent you well to 
her Majesty's i^rotection and favor. 

A vote was brought up from the House of Representa- 
tives in ha3C verba sequen : 

Voted, That the late dwelling House of George Yaughan, 
Esq., neer to Major- Vaughan's, standing convenient for 
entertaining Travellers by reason of its nighness to the 
ferry, and W™ Fellows having rented the same, being an 
honest man, that he be admitted to keep tavern there and 



358 PROVINCE OF NEW-HAMPSHIRE. [1708. 

have a license granted him, and pray the consent of his 
Excellency the Governour thereto. 

Past by the House. 

Sam^ Keais, Clerk. 

May 6^% 1708. 

Read in Council and allowed, his Excellency the Gov- 
ernor assenting thereto. 

Cha. Story, Secretary. 

[p. 245.] Ordered that the soldiers late sent by the 
Governour to Oyster River, and others in like cases, be 
subsisted by the several garrisons whether they are sent, in 
equal proportion amongst the familys covered by the said 
Garrisons, and their wages by the Province. 

John Smith, Esq., being sent up from the House of Rep- 
resentatives to this Board, to be qualified to sit in that 
House, took the appointed oaths according to Law. 

Ordered, That Mr. John Campbell, Post Master Gen- 
eral, for his diligence in taking care of all expresses that 
go from this Province to be sent to his Excellency, and in 
expressing Letters from his Excellency to this Province, be 
paid six pounds for the year 1707 ; ending at Lady day* 
last past. 

Adj*^ to the three of the post meridiem. 



Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth on Thursday, the sixth day 
of May, Anno Domi. 1708, Post mere- 
diem, by adjournment. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'', 

Major W™ Vaughan, J Sam^ Penhallow, ) ^ 

Peter Coffin, > Esqs. John Plaisted, j ^ 

Robert Ellott, ) 



March 25th. 



1708.] JOURNAL OF COUNCIL AND ASSEMBLY. 359 

Adj*^ till to-morrow morning ten of the clock, ante mere- 
diem. 



[p. 246.] Province of New Hampshire. 

At a Comicil and General Assembly 
held at Portsmouth by adj*, on Fri- 
day, the seventh day of May, 1708, 
ante merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 

Major A¥"^ Yaughan, ] John Gerrish, ) 

Peter Coffin, > Esqs. Sam^ Penh allow, > Esqs. 

Robert Ellott, ) John Plaisted, ) 

The powder account for the year 1708 was delivered in 
and approved of and Mr. Ellott and Mr. Treasurer and 
Capt. Pickerin are appointed a Committee to see the state 
of the powder at the Castle, and to report to the Govern"" 
the present state there and what powder is necessary fur- 
ther to be supplyed. 

The Governour having acquainted the Council that for 
the Summer months there will be twenty men posted at 
the fort. 

The Council desire that Colonel Redknapp may visit the 
works at the fort and direct the necessary repairs there, 
and that the soldiers that are of the Guard be employed in 
the said work and allowed six pence per diem above their 
wages, and that Major Vaughan and Mr. Ellott, or either 
of them, doe oversee the work from time to time. 

The Council, for saving the charge of building and often 
repairing a Boat for the public service, have this day agreed 
with Theodore Attkinson, Esq., to provide and keep a Boat 
for such service from time to time in good repaire, with all 
necessarys to be always ready for the publick service of the 
Government, for which the said Attkinson is to be paid six 
pounds per annum out of the Treasury. 

Adj'^ till to-morrow morning, ten of the clock, ante me- 
rediem. 



860 



PROVINCE OF NEW-HAMPSHIRE. 



[1708. 



[p. 247.] Proyince of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Saturday the 
eight day of May, Anno Domini 1708, 
Ante Merediem, by adj*. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, &c., 
Major W™ Yaughan, 



Peter Coffin, 
John Gerrish, 



Esqrs. 



Sam^ Penh allow, 
John Plaisted, 



Esqrs. 



Mr. Treasurer acquainted the Governour and Council that 
the two hundred and fifty pounds appointed by the Assembly 
for the Agency was all advanced, and that he had his war- 
ranto for the same ; and that over and above the said sum 
he had expected twenty pounds for the journey of Mr. 
Speaker Pickerin and other members to Boston, to dispatch 
the agent, and eight pounds seven and two pence for wine 
and brandy for the agent's passage. 

The said sum of twenty-eight pounds seven shillings and 
two pence was allowed in Council, and the Governour desired 
to give a warrant for the same. 

Ordered, that eighteen pounds be allowed Peter Coffin, 
Esq., for plank for the platforms at the fort W°^ and Mary. 

(Order out.) 

]\Ir. Phipps' and Mr. Secretary Storey's debenter, amount- 
ing to one pound, three shillings, was allowed in Council, 
and Ordered that the Select me*n of Newcastle, to wit, 
Robert Ellott, W™ Seavey, and John Frost, pay the . afore- 
said one pound, three shillings, and that the Secretary issue 
forth processes for the same. 

The House of Representatives' answer to the Governor's 
Speech, as foil : 

May it 2:>lease your Excellency, we the Eepresentativcs, convened 
in General Assembly, are highly sensible of your great care -and 
good conduct of this [p. 248.] Province, which we are humbly 
thauktu U'or, and pray for continuance thereof. 



1708.] JOURNAL OF COUNCIL AND ASSEMBLY. 8G1 

"NTc crave leave in some measure to make answer to your Excel- 
lency's speech, as to the payment of the officers and soldiers for the 
time past; according to our former promise we have considered 
thereof, and shall raise wherewith to satisfy as far as our capacity 
will admit of. As to the other charges of the Province, we have 
considered of and gone beyond our ability in raising of money for 
defraying of those charges ; and as to placing more men at the 
fort than already there, we humbly offer to your Excellency's con- 
sideration as followeth: 

First ; our poverty is such and our debts so great already that 
we are no ways capable of raising more money at this time. 

Secondly ; should twenty men be ordered to the said fort, they 
are not capable of defending against an Enemy. 

Thirdh' ; Those men already there, together with the trained 
band belonging to Kew Castle, being ordered to attend their duties 
in watching, warding, &c., will be far easier than a frontier Gar- 
rison in the Province ; That company being exempted from all other 
duties, save only to the said fort. Also, one half of Portsmouth 
and Hampton Company are ordered upon any alarum to re^^air 
thither ; And yet, notwithstanding this, if your Excellency and 
Council should Judge our proposals not sufficient, but should see 
cause to order more men to the said fort, that it may be done by 
towns in equal proportions, throughout the said Province, and 
that New Castle take the tirst turn. 

Past by the House. 

Sam^ Kcais, Clerk. 

May the 8*, 1708. 

[p. 249.] A full vote was sent up to the Board by the 
House of Representatives, in lisec verba sequen : 
Whereas a list of soldiers' wages to Norridgawackand Port 
Royal, as also transport vessels and other debts, a list of 
which lies with the Assembly, amounting to one thousand 
sixty nine pounds, eleven shillings; One bundled and 
eighty pounds of the said sum being for the managing 
our affairs by our Agent in England, on further consid- 
eration add thirty pounds nine shillings, to make the 
whole sum eleven hundred pounds : 
Voted, that a Rate be made on all persons and estates 
throughout this Province, in equal proportion, according to 



362 



PROVINCE OF NEW-HAMPSHIRE. 



[1708. 



former rules, for the abovesaid sum of one thousand sixty 
nine pounds, eleven shillings, with the addition abovesaid, 
to be paid in the species to the several persons in each town 
to whom the Province is indebted at the price set on the 
said species; And that all to whom the Province is indebted 
shall take their respective debts in said species (his Excel- 
lency, ready money royally advanced by any person only 
excepted) and what due on such accounts to be brought into 
money and soe paid, which said Rate or assessment shall be 
made and committed to the several Constables, soe as to be 
collected by the last day of December next ; That the 
Treasurer's trouble will be much lessened by the Constable 
or other person appointed in each town to pay the same, 
That he may only receive nine pence in the pound for this 
whole Rate, and that a committee of both Houses be ap- 
pointed to set the prices of the species the Rate to be paid 
in ; this together with the income of the River, wee hope 
may answer the ends. 

Past by the House. 

May 8«S 1708. Sam^ Keais, Clerk. 

Voted in Council, that Mr. Ellott and Mr. Plaisted be a 
committee along with two of the Representatives, to con- 
sider of the species, and sit this afternoon. 

Cha. Story, Secretary. 

Major Smith, Capt. Dudley, are appointed to join with 
those of the Council to settle the species. 

Sam^ Keais, Clerk. 



1708.] JOURNAL OF COUNCIL AND ASSEMBLY. 363 

[p. 250.] Province of New Hampsliire. 

At a Council and General Assembly 
, held at Portsmouth, on Monday, the 

10^^^ of May, 1708. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Major W™ Vaughan, 
Peter Coffin, ) -j^ Sam^ Penhallow, ) -^ 

Robert EUott, \ ^^^^^^- John Plaisted, \ ^^^^^* 

Ordered in Council, that whereas the sessions have neg- 
lected to appointe a person in the several Towns to take 
account of the ratable estates according to an Act of As- 
sembly, entitled An Additional Act for the equal assessing 
and collecting of public taxes, The select men of the sev- 
eral towns are hereby required to proceed to lay the taxes 
for this year without any such return, the said Act notwith- 
standing, according to former custom ; and the Assembly 
will then further advise. 

The Representatives voted a concurrence with the Hon^^® 
the Council. 

Sam^ Keais, Clerk. 

Upon reading the petition of Samuel Shipper d and ... . 
True, on behalfe of several other inhabitants lying near the 
line of both Provinces : 

Ordered, that what goods have been restrained by the 
Constable of Hampton from said True be returned to him 
again ; the tax being taken by the Constable of Salisbury 
six days before. 

Ordered, that Mr. Walton from time to time employ the 
soldjers at the fort at New Castle in the repair of the works 
while they are off their duty, keeping account hereof that 
they may be paid six pence per diem for their service, be- 
sides their wages. 

Ordered, that one hundred and thirty one pounds, ten 
shillings, be paid in course out of the Province Rates for 



364 PROVINCE OF NEW HAMPSHIRE. [1708. 

service for Capt. Walton and four soldjers at the fort W™ 
andMary,from the 25^^ March, 1707, to the 25^^ March, 1708- 

[p. 251.] Ordered, that Mr. Secretary Story's debenter, 
for his service in that post, amounting to forty five pounds, 
thirteen shillings, being approved of by the Assembly and 
allowed at this Board, be paid out of the eleven hundred 
pounds tax raised this session. 

The following vote was sent up to this Board by the 
House of Representatives : 

Voted, that a Latin School be kept in Portsmouth ; that 
the school master from time to time be appointed by his 
Excellency, Council, and settled minister of the town, And 
that the said school master be paid by the several towns 
within this Province after the rate of fifty pounds per 
annum, besides what the select men of Portsmouth shall 
order to be paid by each of their inhabitants that sends his 
child to learn Latin ; and to be a free school for writers, 
Headers and Latinists, &c. ; the sum to be paid by each 
town, viz : Portsmouth twenty eight pounds, Hampton eight 
pounds, Exeter six pounds, Dover six pounds, Xew Castle 
forty shillings ; And that this Act continue in force for and 
during the space of two years and no longer — then to cease 
and end ; And that the select men in every town within this 
Province make assessment on their inhabitants for each of 
their proportions as aforesaid, to be collected and paid unto 
the said schoolmaster yearly, by the first day of March ; 
And if the select men in each town or any of them shall 
fail of making such assessment, it shall be lawful for any 
two Justices of the Peace in this Province to issue forth a 
warrant or warrants, directed to the Sheriff, to levy on any 
of the select men or their estate for any such sum not paid 
according to the time. 

May tlie 10^^, past by the House. 

Sam^ Keais, Clerk. 



1708.] JOURNAL OF COUNCIL AND ASSEMBLY. 365 

May W^\ 1708. Head in Council and consented to, 
neminc contradicente, and to be past into an Act. 

Cha. Story, Secretary. 

Province of New Hamps'"*'. 
[Seal.] An Act for a free School to be kept at Portsmouth. 
"Whereas there is iioe Latin School as yett Established in any town 

in this Province, for the enconragement of learning- and virtue:* 

Be it therefore Enacted by his Excellency the GoA^ernour, Coun- 
cil and Representatives convened in Generall Assembly, and by y'^ 
Authority of y'' same, That a Latin School bee kept att Portsmouth 
in y'' said Province ; and that the schoolmaster from time to time 
bee appointed by his Excellency, Council, and settled ministers of 
the Town ; and that the said school master bee payd by y*^ several! 
Towns within this Province, the sum of iifty pounds money pr. 
Annum, besides what y*^ selectmen of Ports™" shall Order to be jDd 
by each of those Inhabitants that send their children to learn Latin ; 
And to be a free school for writers, readers and Latinists ; & the 
severall sums to be pd by each Town are as follows, viz : Portsm° 
twenty eight pounds, Hampton eight pounds, Dover six pounds, 
Exeter six pounds, and New Castle two pounds; and that this Act 
continue too [2] years. And that the selectmen in every town 
within y^ Province make assessments on their Inhabitants for each 
of their proportions, as aforesaid, to be collected and payd unto the 
said schoolmaster yearly, by y*" first day of March ; and if y^ select- 
men in each Town or any of them shall fail of making' such as- 
sessments, itt shall be lawful for any two Justices of the Peace in 
the Province to issue forth a warrant or warrants, directed to y° 
slierifl', to levy on any of y^ selectmen or their estates, for any such 
sum not payd according- to time, to pay the same to the school- 
master from year to year. 

Read three times in the House of Representatives and past to be 
Enacted, and sent upp to the Ilon'^^*^ the Council for their concur- 
rence. 

John Pickerin, Speaker." 

*[We conclude, therefore, that this was the^rs^ Latin free school established in New 
Hampshire. As early as 1G58, there was a school in Dover in which the master was 
requested to teach "to reid, write, cast a conipte, latine, as the parents shall require." 
See Provincial Paj)ers, Vol. I., p. 312. And under the Laws ofMass., "every town con- 
sisting of one hundred families or upward was required to set up a Grammar School* 
and appoint a master able to instruct youth so as to fit them for the CoUedge," &c. — 
Prov. Pap., Vol. I, p. 312.— Ed.] 



866 PROVINCE OF NEW-HAMPSHIRE. [1708. 

Eead three times at the Council Board, and voted a concurrence 
with the House of Eepresentatives, his Excellency assenting- thereto. 

Cha. Story, Secretary. 
I assent to the Enacting this Bill. 

J. Dudley. 

Ordered, that Samuel Penliallow, Esq., Treasurer, his de- 
benter, amounting to eleven pounds two shillings, being so 
much paid by him toward the Governour and Council's en- 
tertainment, and other necessary expenses of Capt. Chisley's 
Company when at Nantassett, be paid him out of the Treas- 
ury. 

[p. 252.] The several bills following, having been three 
several times read and passed both Houses, were consented 
to by his Excellency and by him signed accordingly : 

An Act for the better preservation of all Mast Trees or 
white pine Trees within • lier Majesty's Province of New 
Hampshire. 

An Act for the raising of eleaven hundred pounds for de- 
fraying the publick charge of the Province. 

An Act for continuing several Rates and duties of Excise, 
Custome, Impost, and Tonnage of shipping. 

An Act for selling of part of George Walton's estate for 
payment of Debts. 

An Act for a free School to be kept at Portsmouth. 

Ordered, that Robert Thompson be paid five pounds out 
of the present tax, for an Indian scalp lately taken by him 
at Oyster River. 

Mr. Treasurer Penhallow's ace*, for sundrys advanced for 
supplying the forces to march ag* the enemy at L'Acadie 
and Nova Scotia, amounting to 518'^ : 8^ : 10, out of which 
there remains due to the Province So^*^ : 11^ : 5"^, was read 
at this Board and allowed and approved of, as upon file. 

The muster roll on account of the service of soldjers at 
the fort W'" and Mary for the year 1706, signed by Capt. 
Shadrach Walton, am^ to seventy one pounds, seven sliil- 
lings and one penny, was allowed, and signed by the Gov- 



1708.] JOURNAL OF COUNCIL AND ASSEMBLY. 367 

eniour in Council for payment of the same, and counter 
signed by the Secretary. 

Prorogued till Wednesday, 8^^ T'"", 1708. 

Prorogued till Wednesday, the 17"^ Nov., 1708. 



[p. 253.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by prorogation, on 
Wednesday the 17"' November, 1708. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Peter Coffin, ) John Gerrish, ) 

Robert EUott, [ Esqrs. W™ Vaughan, [ Esqrs. 

Nath^ Weare, ) Sam^ Penhallow, ) 

John Plaisted, Esq. 
Mr. Secretary Story was sent as a message to the House 
of Representatives to call them to this Board, who accord- 
ingly came, and his Excellency the Govern'^ was pleased to 
make the following speech, in hsec verba : 

Gentlemen:— 

The summer is past since your last session, and by the good 
Providence of God wee have been preserved from any insult of the 
enemy, tho' their march upon us in August put us to a very great 
cost to defend a long frontier, being uncertain where they would 
make their impression. 

And at last they have nothing to boast of at Haveril, tho' we 
might have done much more upon them if wee had taken the 
proper advantages offered us. 

The march of soe many forces necessarily in both Provinces hath 
much aggravated the year's charge ; notwithstanding I rose as late, 
and disbanded as soon, as possible. 

Mr. Treasurer will lay before you, Gentlemen of the House of 
Pepresentatives, the present Debt upon the Province, which I must 
justly expect you will take care to discharge ; otherwise wee shall 
not be able to support our selves, if soldiers be not duly satisfied 
and paid. 

[p. 254.] You will also remember your Agent, who is well ar- 
rived, and very diligent in y"* service, and must be supi)lied with 
what is necessary for his reputation and dispatch of his attendance. 



368 PROVINCE OF NEW-HAMPSHIRE. [1708* 

Mr. W™ Cotton was sent as a message from the House 
of Representatives to this Board, with the following vote : 

Yoted that his Excellency the Governour have the 
thanks of this House given him for the care of this Prov- 
ince last summer, by covering the frontiers with soe good a 
number of forces, which has prevented any inroad of the 
enemy. 

Nov. 17"\ 1708, past by the House of Representatives, 
and sent up to the Council for concurrence. 

Sam^ Keais, Clerk. 

171h No^br^ 1708. 

Read in Council and agreed a concurrence, nemuie 
contradicente. 

Cha : Story, Secretary. 
Adj*^ till 10 o'clock to-morrow morning. 



[p. 255.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj*, Thursday, 
the 18^^^ November, 1708. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Peter Coffin, ) John Gerrish, ) 

Robert Ellott, V Esqrs. W"^ Vaughan, [ Esqrs. 
Nath^ Weare, ) Sam' Penhallow, ) 

John Plaisted, Esq. 
The following answer to his Excellency's speech was sent 
up to this Board by the House of Representatives. 

May it please your Excellency, — Wee, the Representatives con- 
ven*^ in General Assembly, are liighh' sensible of your Excellency's 
great care and good conduct of this her Majesty's Province all 
along, which we are heartily thankful for, and pray the continu- 
ance of. 

We crave leave in some measure to make answer to your Ex- 
cellency's speech ; wee are sensible by the Treasurer's accounts 



I 



1708.] JOURNAL OF COUNCIL AND ASSEMBLY. 369 

now before the Assembly, that there is money disbiirst by liim the 
last summer past, and shall be ready and willing, in the season of 
it, to raise so much money as may be sufficient to pay all Just 
Debts made appear to be due for this year ; but considering the 
last Task [Tax?] of eleven hundred pounds being nothing near 
gathered into the Treasury, which at the raising thereof was ac- 
counted sufficient for payment of all Debts formerly due, also the 
poverty of the inhabitants and the great consternation the people . 
will be put into if more mony should be raised, before the other 
tax be collected ; We also pray that at the raising of the next 
tax, wee may be allowed to raise what money may be sufficient 
for supporting our agent in England. 

Past by the House. 
18"^ Nov., 1708. Sami Keais, Clerk. 

[p. 256.] Ordered, that the Sheriff take care for the re- 
pair of the prison and the addition of a Leantoe* for a 
lodging for the keeper, and a yard about the whole building 
to prevent correspondence with the prisoners ; and that he 
desire the advice of the Gentlemen of the Council in Ports- 
mouth for the dimentions and manner of building ; the 
charge to be paid by the Treasurer. 

Yoted, that the inhabitant freeholders of Kingston within 
her Majesty's Province of New Hampshire, from this day 
forward have free liberty for sending one Representative for 
the said town to sit in General Assembly. 

18^^ November. Past by the Council and sent down to 
the House of Representatives for concurrence. 

Cha. Story, Secretarj. 

Eodem die. Read in the House of Representatives and 
agreed a concurrence with the Honorable the Council. 

Sam^ Keais, Clerk. 

Voted, that a committee of two persons, viz., Capt. Pick- 
erin and Major Smith, doe join with two of the Council to 
receive and examine the claims of all persons claiming 
debts due from this Province ; and lay the same before his 

* A part of a building which appears to lean on the main building.— jre6. Die. 
24 



370 PROVINCE OF NEW-HAMPSHIRE. [1708. 

Excellency, Council and Assembly, at their next sitting, in 
order for allowance thereof. 

Past by the House. Sam^ Keais, Clerk. 

Eodem die. Read in Council, and ordered that Mr. 
Treasurer Penhallow and Mr. Plaisted be a Comittee to join 
with the Comittee above, and that they sit the first Monday 
in December next, and so the first Monday in every month 
during this winter, and till the next session of the General 
Assembly, and that the Secretary sit with the said comittee 
and issue forth proclamations to notify all creditors to bring 

in their claims. 

Cha. Story, Secretary. 

[p. 257.] Ordered, that Robert EUott and John Plaisted, 
Esqs., be appointed a comittee to audit the following acc"^ of 
Mr. Treasurer Penhallow this afternoon, and to bring their 
report accordingly, viz : 

An Account Am° to 15^^ : 11^ : l'^, to sundrys advanced 
for supply of the fort W™ and Mary. 

An Ace*, Am'' 144 : 19 : 8, for subsistance of soldjers in 
the frontiers, <fec. 

An Ace*, Am'' to 47 : 3 : 7, for sundryes advanced about 
entertaining the Grovern^ and Council, and other disburse- 
ments. 

The said Robert EUott and John Plaisted, Esqrs., having 
audited the said acc*% made report to this Board that they 
had examined the same and find them to be just and honest 
acc*^*. 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 371 

[p. 259.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by prorogation, on 
Wednesday, the fourth day of May, 
1709. 

Present, 
Major W"" Vaughan, 
Robert Ellott, ) p Sam^ Penhallow, ) p 

John Gerrish, ] ^^^^^^' John Plaisted, ] ^^^^^' 

His Excellency the Governour's letter, dated Boston, the 
30^^ April, 1709, was communicated to this Board, being in 

h^ec verba sequen : 

Boston, 30'!^ April, 1709. 
Gentlemen : — 

When I sent the last prorogation of the Assembly I intended 
certainly to have visited yon and holden the Assembly, for which 
I had then very urgent reason, to take care to pay the Province 
Debts, wiiich by the comittee I left at the last sessions (for that 
end) I hope is prepared and adjusted an account of all the Debts. 
I have now further reason to hold the sessions that you may take 
care to discharge your agent's (Capt. Yaughan's) debts in England. 

But soe it is that their Majesties' commands for the service of 
Quebeck, &c., are this day come to my hands, which being of the 
utmost consequence must necessarily take up all my time and 
thoughts at present. 

I therefore doe hereby order the meeting of the Council and the 
sessions of the Assembly, on Wednesday, where I desire this letter 
may be comunicated, and I desire you will proceed to an Act for 
granting to her Majesty a sum suflacient for the payment of the 
debts, with addition of five hundred pounds to be applied, what 
Is necessary of it, to the pajntnent of the agent's disburse, and six 
hundred more towards the expense of the summer for the forces 
in the great expedition commanded by her Majesty for the only 
benefit and everlasting settlement of these Provinces. 

[p. 260.] I need not say any thing to you to induce your ready 
grant of whatsoever is necessary in these articles, and I pray you 
to let me be so far a judge of them as to say, the sums propounded 
are the least I can expect. 

Your Agent returns with so much success and honour in your 
service, and the present gi-eat expedition is so much our ow^n, that 
wee shall surx)rize every body not to be the first in our ready 
obedience. 



372 PROVINCE OF NEW-HAMPSHIRE. [1709. 

The Act may be past in a day or two in due form, with the usual 
preface, which Mr. Secretary will take care of, and if it be past 
and signed by the Secretary and Speaker and covered to me, I will 
sign it and return it, and this is all that I can doe at this juncture ; 
Some time hence, I hope to visit you, and congratulate you upon 
all the heads of good news wherein your share is the greatest. 
I am. Gentlemen, your very humble servant, 

J. Dudley. 
To Mr. Secretary Story, to be comunicated to the Council, &c. 

The abovesaid letter having been read at this Board was 
sent down to the House of Representatives. 

Adjourned till to-morrow morning, nine of the clock. 



[p. 261.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adjournment, 
on Thursday the fifth day of May, ante 
merediem. 
Present, 
Major W™ Vaughan, 
Robert Ellott, ) -^ Sam^ Penhallow, \ -^ 

John Gerrish, \ ^^^^^' John Plaisted, ( ^^^''^* 

Mr. Secretary Story was sent as a message to the House 
of Representatives to know if they had any business ready 
relating to the Queen's service to lay before that Board ; 
who answered, none at present. 

Adj'^ till to-morrow, ten of the clock, ante merediem. 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 373 

[p. 262.] Province of New Ilampsliire. 

At a Council and General Assembly 
held at Portsmouth, on Friday, the 
sixth day of May, 1709, ante mere- 
diem. 

Present, 
Major W"" Yaughan, 
Robert Ellott, \ p Sam^ Penhallow, ) -^ 

John Gerrish, \ ^^^^^' John Plaisted, \ ^^^^^* 

Ordered, that the Secretary write a letter to his Excel- 
lency, in ha3C verba sequen : 

3fai/ it please your Excellency : — 

The unexpected tidmgs of your Excellency's illness have occa- 
sioned more than ordinary thoughtfiilness of the gentlemen of th i 
Board, especially considering the present juncture; upon which 
we have desired Mr. Treasurer to signify our condolance, and 
withal to give your Excellency an account of the proceedings of 
the Assembly at this session : wee humbly pray the favour of you 
Excellency's presence as soon as may consist with your Excel- 
lency's conveniency. 

Just now, being six of the clock in the afternoon, wee acciden 
tally heard the sad news of four men that were yesterday at nin 
in the morning carried away from Pick Pocket mill, at Exeter; 
But notwithstanding' the General Assembly being- sitting, wee had 
no advice from any ojfficer there, wdiich is very surprizing to us. 
Wee heartily wish your Excellency all happiness, and crave leave 
to subscribe. Sir, Your Excellency's most humble and obedient 
serv'*'. 

Per Order of the Council. 

Chas: Story, Secretary. 

Ordered, that an Imbargoe be forthwith laid on all mer- 
chant ships and vessels in this port, and that proclamations 
be sent out by the Secretary in form of the proclamations 
published in the Massachusetts Goverment. 



374 PROVINCE OF NEW-HAMPSHIRE. [1709. 

[p. 2G3.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Thursday, the 
12^^ of May, 1709, ante merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'*, &c.. 
Major W™ Yaughan, Robert EUott, ) ^ 
Peter Coffin, Esq., Sam^ Penhallow, ) ^ 

John Plaisted, Esq. 
Mr. Secretary Story was sent as a message to call the 
House of Representatives to this Board, who accordingly 
came, and his Excellency was pleased to make the follow- 
ing speech, in hasc verba sequen : 

Gentlemen, — I was willing to see you at this time to congTatulate 
you upon the great Articles before you, referring to her Majesty's 
good subjects of this Province. 

Her Majesty in her Eoyal favour has given dispatch to your 
affairs depending in law, and at your humble instance and address 
has bestowed upon this Province for their defence, ammunition 
and other stores to a very great value, and to crown all her other 
favours, and to add to the glories of her Reigne, is equiping a no- 
ble fleet for the reduction of the French and Indians, our barba- 
rous Enemies, and to put these Provinces to a lasting peace, which 
by experience wee find not to be obtained without such a superi- 
our force as her Majesty in her Royal wisdom has determined to 
advance, to an expense of the greatest value. 

I think it my duty hereupon to move you, after a Religious 
Thanksgiving to Almighty God, humbly also to address her Maj- 
esty with your sincere thanks for these great and undeserved 
favours, and to resolve to manage yourselves so, in all instances of 
duty, particularly in a cheerful obedience and preparation for the 
present expedition, which may assure her most sacred Majesty 
that your lives and estates are at her service at all times ; And that 
you will be just and raise what is necessary for the payment of 
your debts and the advance of the present expedition. 

[p. 264.] I had your assurance the last session that at the sea- 
sou your Debts should be all paid, and accordingly to save the 
time wee left comittees to pass thro' the Debts, that wee might 
have no further trouble. If We expect the favour of Almighty 
CJod, uud the protection of her Majesty, it is to be had upon no 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 375' 

other terms than that of doing" our duty, and being just to all 
those that have served tlie Province, especially in the wars. If 
our soldiers be not paid, we must not expect to be defended. 

I am not to doubt of your readiness herein, and the aftairs will 
not allow me to tarry above two days in the Province, wherefore 
I must desire you to use all possible dispatch. • 

Adjourned till three o'clock, post merediem. 



Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Thursday, the 
twelfth day of May, Anno Domini 
1709, Post merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, &c., 
Peter Coffin, ) ^ Robert Ellott, ) -p 

W- Yaughan, \ ^^^^^' Sam^ Penhallow, j ^^^^^* 
John Plaisted, Esq. 
The following vote was sent up by the House of Repre- 
sentatives in hsec verba sequen : 

Yoted, That an Act be past for granting to her Majesty 
the sum of seventeen hundred and twenty pounds, to be 
paid in species or mony, at the value mentioned in the last 
tax, and to the uses following, viz. : Four hundred and 
forty pounds out of the first mony to be collected and to be 
[p. 265] improved in carrying on the expedition against Can- 
ada, &c. ; four hundred pounds to be paid Captain George 
Yaughan, our agent, .towards his disbursments in England; 
one hundred and sixty pounds to his Excellency our Govern- 
our ; two hundred pounds for defraying Major Yauglian's 
disbursments when our agent, who borrowed money in 
England ; three hundred and fifty pounds to be paid the 
treasurer towards his disbursments for the Province ; one 
hundred and thirty pounds to the fort W"" and Mary ; 
thirty-three pounds to Mr. Secretary Story, and seven 
pounds to Colonel Packer. The whole sum am° to seven- 



376 PROVINCE OF NEW-HAMPSHIRE. [1709. 

teen hundred and twenty pounds to be raised and collected, 
viz. : four hundred and forty pounds, by the first day of 
September; and the other twelve hundred and eighty 
pounds by the last day of December ; and to be paid in the 
same species, at the same prices as in the last Act of eleven 
hundred pounds is specified, and no abatement to be made 
on any of those species in payment of the Debts. The 
Treasurer to have nine pence in the pound for receiving 
and paying. 
May 12^ 1709. 

Past by the House. 

Sam^ Keais, Clerk. 
May 12^^ 1709. 

Read at the Council Board, and consented to, nemine 
contradicente. 

Cha : Story, Secretary. 

[p. 266.] The following memorial was sent up to this 
Board from the House of Representatives, in hsec verba 
sequen : 

A Memorial of what is forthwith necessary for the pres- 
ent expedition to Canada, which nothing but ready mony 
will purchase. 

Viz : Forty four Barrels of Pork, repack* and cut up into 
mess pieces. 

One thousand weight of Bread. 

Three Ilhds. of Rumni in the room of Beer for soldjers. 

Wine, Sugar and Spice for the Officers and sick men, 
twelve pounds. 

Forty Ijushols of peas. 

Four Barrels of flower. 

Eiglity weiglit of Candles. 

Kettles, Bowls, Platters, Plank, Boards, nails, spikes, etc., 
for store rooms and partitions. 

Two vessels, quantity one hundred and fifty tons. 



1700.] JOURNAL OF COUNCIL AND ASSEMBLY. 377 

Shirts, Jackets, shoes, stockhigs, neckcloths and Snap- 
sacks, one hundred of each to be forthwith advanced, and 
afterwards deducted out of the soldjers wages. 

Sam^ Penhallow, Treasurer. 

Voted, that Mr. Treasurer be desired to provide pro- 
visions, etc., for our Quota of men to Canada. 
Ordered by the House. 

Sam' Keais, Clerk. 

12^^' May, 1709. Eead in Council and concurred with the 
Representatives, nemine contradicente. 

Cha. Story, Secretary. 

[p. 267.] An address to her Majesty was read at this 
Board, the House of Representatives being present, being 
in ha3C verba sequen : 

To the Queen^s most JExcellent Majesty, 
The humble address of your Majesty's most dutiful and Loyal sub- 
jects, the Governour, Council and Assembly of your Majesty's 
Province of New Hampshire, 
Humbly Sheweth : — 

That your Majesty's most loyal and dutiful subjects of this poor 
Province are dee^^ly sensible of your Majesty's favour and Justice 
in the dispatch and decision of the Trial between Mr. Allen and 
Mr. Waldron ; referring to the estate of Lands of the said Waldron,* 
wherein all the proi^rietors of this your Majesty's poor Province 
are equally concerned, and wliich has been in the challenge of Mr. 
Mason and Mr. Allen for Thirty years last past, tho' the same was 
long before that j)lanted and subdued by your Majesty's good sub- 
jects now here inhabiting, and by themselves and their fathers and 
predecessors defended with their lives and estates for more than 
sixty years past, and to this day. 

Wee do also most humbly acknowledge your Majesty's Royal 
favour and Bounty to your Majesty's most dutiful subjects, in the 
supply of Powder, field pieces, and stores Ordered to be sent 
hither, of which wee were in the greatest necessity, and which wee 
promise faithfully and thriftily to expend in the service ag* the 

* See Papers of the Superior Court of Judicature, relating to this Trial, in Vol. II., 
Prov. Pap., pp. 514-5G2. 



378 PROVINCE OF NEW-HAMPSHIRE. [1709. 

common enemy; and above all wee are [p. 268.] unspeakably in- 
debted to your Majesty's great care and concern for the preserva- 
tion and defence of your Majesty's good subjects, the inhabitants 
of these parts of America, in forming the present design against 
the French settlements at Canada, &c. ; of which we are advised 
by Colonel Mcholson and Colonel Yetch, to the promoting whereof 
we hold ourselves in duty bound to Contribute our utmost endeav- 
ors, being well satisfied the success of this undertaking will produce 
a lasting quiet and repose of all your Majesty's Provinces in New 
England ; and further, wee with all admiration adore the Divine 
Power in the glorious success of 3^our Majesty's Arms in Europe, 
and pray to Almighty God the same may attend them in America ; 
that your Majesty's life and Keign may be long and prosperous, 
and are 

Your Majesty's most Loyal and Obedient Subjects. 

Cha. Story, Secretary. 

Signed in presence and by order of the Council. 
Portsmouth, in NewHampsliire, 

in New England, 12*'^ May, 1709. 

John Pickerin, Speaker. 

Signed in i)resence and by order of the House of Eex)resentatives. 

Adj*^ till to-morrow morning, 9 o'clock. 



[p. 269.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Friday the 13^^ 
May, 1709, by adj*, ante merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Govern our, <tc., 
Peter Coffin, ) 

W^ Yaughan, [ Esqrs. Robert Ellott, ) ^ 

John Gerrish, ) Sam^ Penhallow, j ^^^^'^* 

John Plaisted, Esq. 
Mr. Treasurer Penhallow's account about the receipt of 
powder money for the year 1708, was this day read in 
Council, accepted and ordered to be put upon file. 

A vote relating to the payment of the Province Debts, 






1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 379 

past by the Council and sent down to the House of Repre- 
sentatives, in ha)C verba sequen : 

May 13"\ 1709. 

Voted in Council, that the Representatives be acquainted 
that we are sensible of the Debts due from this Government 
to several persons, soldjcrs and others, amounting to sev- 
eral hundreds of pounds, contracted by the warr in six years 
last past. 

That the Council are sensible that the Governor in every 
session hath earnestly moved that the said Debts be adjusted 
and paid. 

That the Representatives have in several sessions prom- 
ised, and chose committees for ascertaining the Debts ac- 
cordingly, but to no effect, and officers and soldjers are daily 
complaining for want of payment. 

Upon all which the Council desire that this their vote may 
be entered in the Council Acts, for their justification ; that 
they are ready to adjust [p. 270.] and ascertain the Debts^ 
either by the wdiole Assembly or by comittees ; and to give 
their votes for the payment either in this session or the next ; 
and humbly desire that the Governour be acquainted wdth 
this vote in our own just vindication. 

Past in Council, nemine contradicente, and sent down to 
the House of Representatives. 

Cha. Story, Secretary. 

Adj*^ till three o'clock, post merediem. 



380 PROVINCE OF NEW-HAMPSHIRE. [1709. 

Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj*, on Friday, 
the 13^^ of May, 1709, Post Merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'', &c., 
Peter Coffin, ) 

W"^ Vaughan, [ Esqrs. Robert Ellott, ) -^ 

John Gerrish, ) Sam^ Penhallow, ) ^ 

John Plaisted, Esq. 
Adj*^ till to-morrow morning 10 of the clock, ante mere- 
diem. 



[p. 271.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adjournment, 
on Saturday, the 14^^^ of May, 1709. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'^, &c., 
Peter Coffin, ) Robert Ellott, ) ^ 

W™ Yaughan, [ Esqrs. Sam^ Penhallow, j ^^^^^' 

John Gerrish, ) 

John Plaisted, Esq. 
The several, votes following was sent up from the House 
of Representatives to this Board, viz : 

Voted, that whereas Richard Jose, late of Portsmouth, 
Esq., deceased, died intestate, and Hannah Jose, widow, 
relict and administratrix of the deceased, has applied tp the 
Assembly for power to sell part of his Real Estate to pay 
the Debts, to which the personal estate will not amount : 

Ordered, that the said Hannah Jose, widdow and adm'^j 
as above, doe forthwith make up her accounts with the Or- 
dinary, and obtain his certificate what the Debts amount 
unto more tlian the p'rsonal estate, and with that exliibitto 
the Assembly what it is of the Real Estate that she would 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. T^Sl 

sell, and for what price., that the Asscmhly may i)roccc(l 
thereupon. 

14^^' May, 1709. Eeadin Council, Allowed and approved 
of and sent down to the Plouse of Representatives. . 

Chas. Story, Secretary. 
Past by the House. 

Samuel Keais, Clerk. 
I'tMay, 1710. Ord^outto 
Capt. Pickerin, for 20"^«. 
Whereas, Major W"^ Vaughan did formerly advance 
money for one Barrel of powder and Capt. John Pickerin 
for two more, which were delivered [p. 272.] into her Maj- 
esties fort at New Castle in the time when little or none 
was there ; and the French and Indian enemy at the same 
time daily expected ; neither of whome being yet satisfied : 
Yoted, that his Excellency and Council be desired that 
they may be paid the same out of the next tax that shall be 
risen. 

May 14"^ 1709. Past by the House. 

Sam^ Keais, Clerk. 

May 14*^ 1709. Allowed in Council, J 

and that thirty three pounds be ac- > 

cordingly paid them. ) 

Cha. Story, Secretary. 

"Whereas, Capt. George Yaugh an, our Agent for England, 
is now returned and given us a good and satisfactory ac- 
count of his negotiations there, with several instances of 
her Majesties Justice and Bounty to her most Loyal and 
dutiful subjects, the inhabitants of this poor Province, par- 
ticularly her justice in determining the title of the lands to 
the possessor against the claim of Mr. Allen, as also her 
Majesties favor and Bounty in granting us so large a supply of 
ammunition in this time of war ; and forasmuch as we find 
it necessary to make further application to her Majestic, in 
order to a further perfecting of the future quiet and happi- 
ness of this Province : 



382 PROVINCE OF NEW-HAMPSHIRE. [1709. 

Voted, that Capt. George Yaughan be continued our 
Agent ; and that he be notified to be ready to take another 
.voyage for England in the service of the Province, as soon 
as he shall receive instructions from the Grovernour, Coun- 
cil and Assembly for the same ; and that we will at the next 
sessions raise money to support him in the service [p. 273.] 
both by defraying his charge and allowing him a salary for 
his service, as formerly. 

May W\ Past by the House — 1709. 

Sam^ Keais, Clerk. 

14*^ May, 1709. Consented to in Council. 

Cha. Story, Secretary. 

Whereas, Mr. Francis Liford, of Exeter, was lately chosen 
Constable, to serve this present year, but being acc*'''^ very 
infirm by sundry ailments, whereby he seems very unfit for 
that service : 

Voted, that the town of Exeter forthwith choose a suit- 
able person to serve in the said Lyfords room, and that the 
selectmen act therein accordingly. 

Past in Council the 14^'^ May, 1709. 

Cha. Story, Secretary. 

The several Bills following, having been three several 
times read and passed both Houses to be enacted, were con- 
sented to by his Excellency and by him signed accordingly: 

An Act for raising 1720"'^ for payment of the Province 
debts, providing for subsistance of our quota of men to join 
with the forces now designed against Canada, and for de- 
fraying the charges of our Agent for England. 

An Act for Continuing several rates and Duties of Excise, 
Custom, Impost, and Tonnage of shipping. 

His Excellency the Governor directs that on Wednesday 
or Tliursday next, upon motion of [p. 274.] the House of 
Representatives to the Council, that they have done the set- 
tling and adjusting the Debts of the Province, that the said 



1709.] JOURNAL OP COUNCIL AND ASSEMBLY. 383 

Council doc in his Excellency's name prorogue the General 
Assembly till Wednesday the seventh day of Septem1)er 
next. 

J. Dudley. 

Adj*^ till Monday morning next, 10 of the clock, ante 
mere diem. 



Province of New Hampshire. 

At a Council held at Portsmouth, on 
Monday the 16^^ May, 1709, by adj*, 
ante merediem. 
Present, 
W"' Yaughan, ) 

John Gerrish, > Esqrs. Sam^ Penhallow, 

Robert Ellott, ) John Plaisted, 

Adj'^ till to-morrow morning, 10 of the clock. 



Esqrs. 



[p. 275.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj*, on Thurs- 
day the 17"^ May, 1709. 
Present, 
W"' Yaughan, J 

John Gerrish, > Esqrs. Sam^ Penhallow, ) -^ 

Robert Ellott, ) John Plaisted, ( ^^^^^• 

The following votes were sent up to this Board, in haec 
verba sequen : 

New Hampshire, May 17"^ 1709. 

Whereas the four hundred pounds granted by this Assembly 

towards the defraying of the charge of Capt. George 

Yaughan, our Agent in England, cannot be imediately 

collected so as to answer the present occasion : 

Yoted, that the Treasurer be desired to take up so much 

money forthwith at interest, to pay the said sum with interest 

we promise to make good, until the four hundred pounds be 



384* PROVINCE OF NEW-HAMPSHIRE. [1709. 

collected and paid into the Treasury according to the Act 
of Assembly. 

Past by the House. 

Sam^ Keais, Clerk. 

Voted, that the kindness and favor of Colonel Francis 
Nicholson, Esq., to our Agent, Capt. George Yaughan, in 
behalf of this Province be thankfully acknowledged, and 
that a letter be drawn up accordingly and signed by Mr. 
Speaker in behalf of this House. 

Past by the House. 

Sam^ Keais, Clerk. 
17*^ May, 1709. 

Adj^ till to-morrow morning, 10 of the clock, ante me- 
rediem. 



[p. 276.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Wednesday the 
18^^ May, 1709, Ante Merediem. 
Present, 

W^ Yaughan, ^ 

John Gerrish, \ Esqrs. Sam^ Penhallow, ) p„_,„^ 

Robert Ellott, ) John Plaisted, ( '^^'l'^^' 

The House of Representatives sent up to this Board a list 
of what Debts they could find to be justly owing from the 
Province to the several persons therein mentioned, as upon 
file. 

(Sent it to Mr. Keais, 6"^ Dec, 1709.) 

Mr. Secretary Story was sent as a message to call the 
House of Representatives to this Board, who accordingly 
came. 

And the Gentlemen of the Council, pursuant to his Ex- 
cellency's direction, prorogued the General Assembly till 
Wednesday, the 7*^ day of September next. 

And accordingly the General Assembly is prorogued till 
Wednesday, the seventh day of September next. 



1709.] JOURNAL OP COUNCIL AND ASSEMBLY. 385 

[p. 277.] Province of New ITaiiij)sliirc. 

At a Council and General Assenilily 
held at Portsnioulli, on Wednesday the 
27"^ June, 1709. 
Present, 
The Honourable John Usher, Esq., L* Governour, 
Peter Coffin, \ ^^^^^^^ W^ Vaughan, ) ^^ 

Robert Ellott, ] ^^^^^^' Sam^ Penhallow, j ^^'i^'^' 

John Plaisted, Esq. 
His Honor the L* Governor was pleased to make the fol- 
lowing speech, the Representatives being present : 

Gentlemen, — 

His Excellency having ace* your quota of men not to be had, 
transports not dispatched, not full care for su^iply for subsistance of 
soldjers for four months full i^rovision from Nantaskett, and sub- 
sistance of soldjers while the forces stay; the 14'^ instant did 
Order me to come into the Province to lay the same before the 
Council, and take due care therein. 

Pursuant to his Excellency's directions, the Council called did 
sit; my speech, with their answers, I have ordered the Secretary to 
lay before your Board as a memorial what to proceed on, to which 
refer. 

I have rec'^ from his Excellency, dated the 22'^ instant, to call you 
together and lay before you what offered in Council, and tlieir an- 
swer. 

There will be absolute necessity of raising three hundred pounds 
in mony forthwith; the very charge of subsistance for the sold- 
jers while stay, will not amount to less than proposed; you must' 
consider, Gentlemen, the Treasurer is every week in advance al- 
ready money for subsistance of your men. 

I laid before the Council my coming into the Province last year 
in great hazard of my life ; spent my time & estate for service of 
the Province, and not one penny rec^ ; And now by his Excellency's 
command am come into the Province, Council taking tlie same 
into consideration did x>iiss a minute, it be laid before next As- 
sembly, whi(*h you are, which minute the Secretary will bring be- 
fore you. 

[r. 278.] I do recommend to your consideration the raising of 
three hundred pounds for the present expedition to Canada, and 
mony for time and expenses 1 have been at in serving the Province. 
25 



386 PROVINCE OF NEW-HAMPSHIRE. [1709. 

Gentlemen: — 

You may soon dispatch what is laid before you for consideration. 

His Excellency gives his service to you and to let you know the 
honor of the Government doth lie at stake, for having a full supply 
of your quota of men and disbursement, that may be for this ex- 
I^edition. 

I am informed her Majesty's fleet from Great Britain, bound 
hither, is set out. Hope you will be expeditious in your results. 

By Mr. Penhallow, I received a letter from his Excellency, 24*^ 
June, to be communicated to this Assembly; Have Ordered Mr. 
Secretary so to do. 

Likewise have another of the same date, giving an account of 
two hundred Indians come over the Lake from Mount Royall ; 
been thirty two days on their March. On receipt thereof the 
Troops and forty men are ordered upon duty, but no provision ; 
neither is there provision for men at the fort ; Supplies for which 
will not be less than 100"^% which must speedily be raised, by reason 
advance last year for i^rovisions for soldiers in service not paid, 
none will now advance. 

I have ordered the Treasurer to lay before this General Assembly 
a true statement of what's recommended now to you ; And Order 
Mr. Secretary to present you with a minute of Council as for sup- 
plies. 

The House of Representatives sent up the following vote, 
viz : 

To the hon-''^^^ JiV" Usher, Esq., Lieut. Gov'" of this Province, 
and Council : 

May it please your Hon'% in answer to the L* Gov^"' 
•♦Speech, as given by his Excellency's direction to the As- 
sembly, setting forth the raising more money for supplies of 
our quota of men in the Expedition to Canada, We crave 
leave to inform, that our poverty is such that one third of 
the inhabitants have not bread to eat, nor wherewithal to 
procure it ; there being a 1700^*^ tax forthwith to be paid, 
which we fear will be very hard and difficult for the poor 
people to pay. The raising more mony soe suddenly will 
put the inhabitants into such a consternation that we fear 
all will be in a flame ; however, liave agreed to raise 150"^^ 
for defraying those charges proposed in your Ilon''^ speech, 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 387 

as is particularized in our vote sent up, y« being tlie sum of 
what we can do at present. 27"' June, 1709. 
Past by the House. 

Sam^ Keais, Clerk. 

The following vote was sent to this Board by the House 
of Representatives, in hxc verba : 

Pursuant to the Hon^'^^ John Usher, Esq., L^ Govern'^ 
speech to the Assembly by his Excellency's direction, setting 
forth the necessity of raising niore mony for subsistancc of 
our quota of men in the Expedition to Canada, and the 
scouts on the frontiers, both of foot and Horse : 

That a Rate be made on all persons and estates through- 
out this Province, to the value of one hundred and fifty 
pounds, in equal proportion on the several towns, to be 
forthwith collected and paid to the Treasurer within three 
[p. 279.] months, as aforesaid by Law, for the Constables 
gathering Rates ; five pounds whereof to be paid to his 
Honor the Lieut. Governor, fifteen pounds to be laid out for 
provisions for foot and horse appointed to be a scout on the 
frontiers ; and one hundred and thirty pounds for support 
of our quota of men, being ninety four men bound for 
Canada. 

Past by the House. 

Sam^ Keais, Clerk. 

Pray the said vote may be enacted and engrossed. 

Sam^ Keais, Clerk. 
27^h June, 1709. 

This vote was consented to by the Council. 

Cha : Story, Secretary. 

June 27*^, 1709. Read in Council, and they desired his 
Honor would call the House of Representatives and hold a 
conference, for that the sum of 150 lbs. would not answer 
the ends proposed. 

His Honor the Lieut. Governor sent Mr. Secretary Story 
as a message to the House of Representatives, to call them 



388 PROVINCE OF NEW-HAMPSHIRE. [1709. 

to this Board, who accordingly came, and his Honor did 
acquaint them that the sum of 150 lbs. mentioned in their 
vote would not answer what he proposed to them in his 
speech ; and that the equipping of the transport vessels to 
Sea with good ground tackling, &c., being for the safety of 
men's lives, was of as absolute necessity as any thing else ; 
and that it was the mind of the Council they raise more 
mony to answer all things mentioned in the said speech, if 
they made it payable, six, nine, or twelve months hence, 
So then the Treasurer could provide at present all necessa- 
ries needful, he having a fund for the same and they allow- 
ing interest. 

The Conference being over, the Representatives went to 
their House and immediately sent up the following vote to 
this Board : 

May it please your Honors^ — 

As to the Second motion made by the Hon*^^ the Lieut. 
Governour, for raising more money than voted for already, 
we humbly answer, wee have already laid before your Hon- 
ors the poor state and condition of our Inhabitants, how 
uncapable they are. Wee further crave leave to inform 
you as to the state of the fort at [p. 280.] New Castle. 
There is a stated company of men there, paid both meat 
and wages by the Province. If those should not be suffi- 
cient, we pray your consideration in this, that whereas by 
Law one half of every company are, on any alarm, forth- 
with to march thither for relief, not only this, but the 
whole town of New Castle have been and still are, exempt- 
ed from all other services save there ; And for their doing 
duty at said fort will be far easier to them than any other 
town, all the frontiers being constantly on duty, watching, 
warding, and scouting, fmding themselves provisions ; and 
for such to be taxed for finding others that doe nothing 
near their duty would be a hardship on her Majesty's good 
subjects of the frontier ; And that if more men must at- 
tend the fort it may be done by those of said New Castle 



i 



1709.] JOURNAL OP COUNCIL AND ASSEMBLY. 889 

that do no other duty. All whicli wo hiiinljly offer to con- 
sideration, being humbly of opinion New Castle men suffi- 
cient to supply the said fort witli men, and find themselves, 
as others of the frontiers do, and that the mony already 
raised may attain the end for present. 
June 27"^ 1709. 

Past by the House. 

Sam^ Keais, Clerk. 

His Honor was pleased to acquaint the Gentlemen of the 
Council that according to his Excellency's Commands he 
had called an assembly and had laid before them the great 
necessity of raising three hundred pounds for subsistance 
of our quota of men, as also to raise mony for provisions 
for the fort W™ and Mary, and for the troops and forty sol- 
diers to scout at the frontiers, the enemy being expected 
every day. And that the equipping of the transport vessels 
to sea with good ground-Tackling, &c., being for the safety 
of men's lives, was of as absolute necessity as any thing 
else, and that instead of raising mony sufficient to answer 
those ends, they have only raised one hundred and fifty 
pounds, which is much short of what his Excellency ex- 
pects. Therefore his Honour communicated his Excel- 
lency's letter to this Board, of the 22*^ current, relating to 
the Assembly, and desired their advice therein, which let- 
ter is in the hand of the L* Governour. 

[p. 281. J The Council were of opinion that it was very 
proper the Assembly should be dissolved. 

Mr. Secretary Story was sent as a message to the House 
of Eepresentatives to call them to this Board, who accord- 
ingly came. And the Act, — 

Entituled An Additional Act for the subsistance of our 
quota of men to join with the forces now designed against 
Canada, &c., was past and enacted. 

Then His Honor the Lieut. Governor, by advice of the 
Council, dissolved the Assembly : And the Council advised 



390 PROVINCE OF NEW-HAMPSHIRE. [1709. 

that another be called, and sitt on Thursday next, ten of 
the clock in the forenoon, to which time the Council is ad- 
journed. 

[p. 282.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Thursday, the 
30^^ June, 1709. 
Present, 
The Honourable John Usher, Esq., Lieut. Governour, 
Peter Coffin, ) 

W™ Vaughan, > Esqrs. Sam^ Penhallow, ) -p 
Kobert Elliott, ) John Plaisted, ( ^^^^^• 

Mr. Sheriff made return of his precept about the elec- 
tion of a new Assembly. 

Peter Coffin and W"^ Yaughan, Esqrs., were appointed 
to goe to the House of Representatives and administer the 
oaths appointed by Law to the Assembly men returned by 
the Sheriff, and that Mr. Secretary Story attend the said 
Peter Coffin and W"^ Vaughan, to administer the oaths 
accordingly. 

The names of the Assembly men that then took the 
oaths appointed by Law, viz. : — 

Portsmouth. Dover. 

Capt. Mark Hunkin, Nath^ Hill, 

Richard Gerrish, Steph. Jones, 

Sam^ Keais. Zekiel Wentworth. 

Hampton. New Castle. 

Major Joseph Smith, Theodore Attkinson, Esq. 

Dan' Tilton, 
Ephraim Marston. 

Exeter. 

Theophilus Dudley, ) g ., ^3^ j^i^ 1700 

Nicholas Gilman, ] ^^^^^ ^^'^ ^ ^^^^' -^^^^- 



1709.] JOURNAL OP COUNCIL AND ASSEMBLY. 391 

Mr. Plaisted was sent as a message to the House of Kcp- 
reseiitativcs to direct tlicm to proceed to tlic choosing a 
Speaker of this House. 

The House of Representatives being called to this Board 
presented their Speaker, Mark Hunkin, Esq., which his 
Honour allowed, and then made the foil, speech, in luce 
verba : — 

Gentlemen: — I am glad of the opportunity of meeting Avitli 
you, and to see your readiness ; security of life and estates de- 
pends upon your proceedings and dispatches ; what was laid before 
last assembly shall order the Treasurer and Secretary to lay before 
you, to which refer for your consideration : 

[p. 283.] Supplies for subsistance of soldjers, equipping trans- 
ports, &c. ; for which purpose three hundred pounds, if money be 
not raised, your frontiers not safe, and transports will not be litted 
out. 

For answering the abovesaid, propose an Act for a sum to be 
paid into the Treasury about nine or twelve months hence, and 
the Treasurer to take mony at interest, for the same, what ad- 
vanced being all ready mony. 

That Honourable last Assembly was pleased to raise 150 lbs., 
signifying the last Assembly before their then sitting had raised 
1700 lbs. ; and that the raising more mony soe suddenly will put 
the inhabitants into a consternation, that they did fear all would 
be in a flame ; if mony be not raised, if all be not in a flame, all 
must sink. 

I am surrounded with great complaints, great Debts due, and 
some of long standing, and persons cannot obtain their rights, nor 
have their acc"^ justly adjusted for relief therein ; hope you will 
take care at your next session to relieve the oppressed, and do 
justice to all. 

Gentlemen, — I hope you will shew yourselves loyal subjects 
and true Lovers of yo'' Country, in dispatching what is laid before 
you for supplies in Expedition to Canada, And security of this 
her Majesty's Goverment. 

His Excellency's letter of the 28"' curcnt, directed to 
Colonel Usher, Lieut. Governour, relating to Trans[)orts and 
raising mony for quota of men, and to send thirty men 
wanting of our complement, was communicated. Letter 
left with the L* Governour. 



392 PROVINCE OF NEW-HAMPSHIRE. [1709. 

His Excellency's letter of the 28*^ curr*, directed to the 

Honorable Major W"^ Vaughan, Esq., was comunicated to 

this Board, in hsec verba sequen : 

Boston, 28*^ June, 1709. 
Su' : — 

The worst thing is coming towards the Province of New Hamp- 
shire that ever yet happened to them, that is the loss of their rep- 
utation with her Majesty and the Government ; I have here but 
sixty men of one hundred, and eight of them are ah-eady run 
away ; And all your Goverment civil and military are not able, 
and therefore not willing to raise them ; and the reason is because 
the Assembly has not in time j)ast paid them as [p. 284.] they 
ought ; nor will now raise the mony necessary for them, which I 
must i^lainly laj' before her Majesty, if not now comi^lied with. And 
there are men in the world will be glad of such a handle to doe 
their own business by. If I have not thirty men sent, I am also 
upon the defense of my self at home. 

I can boast how I have with five hundred men at a time defended 
the Province with the Massachusetts men and mony; and am 
ready always to do it ; and expect to be obeyed when her Majesty's 
commands are so just and good. 

I desire you to comunicate this letter to the Gentlemen of the 
Council, Mr. Waldron and others, who have reason to concern 
themselves in this soe great a faihire. 

And let it be lodged with Mr. Secretary for my own justification, 
Which I must take care for. 

Your servant, J. Dudley. 

To the Honourable William Vaughan, Esq. 
To be communicated. 

Portsmouth. 

The Council desires that the above letter be comunicated 
to the General Assembly by Mr. Secretary Story. 

His Honour the Lieut. Governour Ordered that the same 
be communicated accordingly, which was done. 

Adj'^ till 3 o'clock, post merediem. 



1700.] JOURNAL OF COUNCIL AND ASSEMBLY. 303 

[p. 28-5.] Province of New Hampshire. 

At a Council and General Asscml)ly 
held at Portsmouth, on Thursday, the 
30"' June, 1709, by adjourinncnt. Post 
merediem. 
Present, 
The Lieut. Govern'", 
Peter Coffin, } ^^ W™ Vaughan, ) 

Kobert Elliott, j ^^^^^' Sam^ Penhallow, ( ^^^^^* 

John Plaisted, Esq. 
Mr. Secretary Story was sent as a message to call up the 
House of Representatives to this Board, to hold a confer- 
ence relateing to the Town of Exeter not having made a 
return of the election of their Representatives. 

The House of Representatives accordingly came up, and 
his Honour the Lieut. Govern'^ acquainted them, that whereas 
the town of Exeter had neglected to make a returne of their 
Representatives chosen by virtue of a precept from the 
sheriff to them directed, that the House of Representatives 
had full power to issue forth their warrants to summon all 
the select men of the said town to appear before them and 
shew cause why they neglected to make such return; 
And if they find them to be guilty of contempt or other 
fault, they had power to fine them as they should sec meet. 
Adj'^ till ten of the clock, to-morrow morning. 



[p. 28G.] Province of New Hampshire. 

At a Council and General Assembly 

' held at Portsmouth by adj*, on Friday 

the first day of July, 1709. 

Present, 

The Hon^^® the Lieut. Governour, 

Peter Coffin, | ^ Robert Elliott, ) ^ 

iisqis. Cnrv.i PnnhniinAr ( -i^sqrs. 



^\^ Yaughan, j ^^^'^* Sam' Penhallow, 

John Plaisted, Esq. 



394 PROVINCE OP NEW-HAMPSHIRE. [1709. 

The following vote relating to two members of the House 
of Representatives was sent up to this Board, in hsec verba : 
May it please your Honour, — 

The select men and town clerk of Exeter have this morn- 
ing satisfied this House that Capt. Theophilus Dudley and 
Capt. Nicholas Oilman were at a legal town meeting chosen 
their Representatives ; we humbly pray they may be quali- 
fied in order for their admission. 

July V\ 1709. 

Past by the House. 

Sam^ Keais, Clerk. 

Ordered, that Major W^ Yaughan and Peter Coffin, Esqs., 
tender the oaths appointed by law to Capt. Theophilus 
Dudley and Capt. Nicholas Oilman ; And that the Secretary 
Administer the same, which was accordingly done. 

Mr. Secretary was sent as a message to call the House of 
Representatives up to this Board, who accordingly came. 

His Honour the Lieut. Oov'^ made the following speech, 
in hsec verba sequen : 

Gentlemen : — 

In the evening 30* June last I rec"^ from Captain James Davis at 
Oyster River, an account one Stevenson was killed by the enemy at 
four in the afternoon ; he, with his company upon the march ex- 
pected a body of the enemy near; x-rays for help. I imcdiately 
Ordered half of Hampton and half of Portsmouth to march. Capt. 
Thomas Pliipps, Esq., High Sheriff, [p. 287.] with great chearful- 
ness, in iDcrson offered to march with his men to their reliefe, who 
accordingly did. 

I am informed the shallops at sea make discovery of the enemy. 

I laid before the last Assembly the raising mony sufficient for 
provision for soldjers for defence of the Province, but they would 
not. 

I must acquaint you I have but one day's provision ; what I 
recommend to you, I hope you will Honourably comply ; you be- 
ing surrounded by the enemy hope will make you expeditious in 
3^0 ur results. 

Adj"^ till two of the clock, Post merediem. 



1709.] JOURNAL OP COUNCIL AND ASSEMBLY. 395 

Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj*, on Friday, 
the V July, 1T09, at Portsmouth, Post 
merediem. 
Present, 
The Honourable the Lieuten* Governour, 
Peter Coffin, ) ^ W™ Vaughan, ) j, 

Robert Elliott, j ^^^^'^- Sam^ Penhallow, \ ^^^i^'^* 

John Plaisted, Esq. 
The following vote was sent up from the House of Rep- 
resentatives to this Board, in hcec verba : 

3fai/ it please your Honour, — 

Wee have considered the proposals laid before us and doe find 
it of absolute necessity (tho' wee are present not able) to raise 
one hundred and fifty pounds, and therefor have voted accordingly, 
that time be given for payment ; we note in your Honours speech 
to us, that the Treasurer should show us the state of the Province, 
which wee have perused, and hope what already hath been grant- 
ed by the former Assembly, with this may be sufficient for the 
Treasurer's supplying provisions, &c., for soldjers, at her Majes- 
[p. 288.] ty's fort, and for what may be necessarily ordered on 
the frontiers, besides his equipping the exjDedition for Canada^ 
and therefor accordingly it is 

Voted, That the hundred and fifty X)0unds be applied fi' st to the 
equipping the Transx)orts for the Cannady expedition, and for sup- 
port of what soldjers shall be necessarily posted at her Majesty's fort 
and scouting on the frontiers ; and that the Rate or tax therefor 
be duly laid on all persons and estates, equally divided for each 
town, by the first day of March next, and order for the payment 
thereof, by the last of May then next following, to the Treasurer, 
for the time being. 

Wee also are sensible that a great deal of injustice hath Ijeen 
done to the poor inhabitants of this Goverment, which we think 
hath much been an hinderance and haul back to the noble expedi- 
tion against Canada, and also to our Trade in this Government, 
which is so well seated for Trade and the fishery, by which reason 
many well minded go from us : We therefore intend at our next 
session to inquire into, and amend all just grievances that lie 
before us, and for the future— 



896 PROVINCE OF NEW-HAMPSHIRE. [1709. 

Resolve: — 

That all persons employed for necessary service in the Queen's 
employ, shall bring in their acc*^ thereof every year, or every half 
year, unto a comittee therefor appointed ; and care shall be taken 
for the payment of such debts as shall be allowed and found 
honest. 

July 1st, 1709. Past by the House, 

Sam^ Keais, Clerk. 

His Honour the Lieut Governour ordered Mr. Secretary 
Story as a message to call the House of Representatives to 
this Board, to hold a conference, who accordingly came and 
brought up with them the following vote : 

[p. 289.] Wee having considered the great necessity 
of carrying on the expedition against Canada, do vote : — 

That one hundred and fifty pounds be raised on all per- 
sons and estates by an equal proportion for each town, for 
the fitting out and equipping the said Transports ; and 
that the tax therefore be committed to the Constable by 
the first of March next, and order for the payments by the 
first day of May then next following, to the Treasurer, for 
the time being. 

Past by the order of the House of Representatives. 

1st July, 1709. Sam^ Keais, Clerk. 

His Honour the L* Gov'" was pleased to acquaint them, 
that in their vote they had only raised money for equipping 
Transports, and had omitted taking care for provisions for 
her majesty's fort W"" and Mary, and the Troop now out 
a scouting after the enemy, and other foot scouts constantly 
sent out. 

The Bill following having been three several times read, 
and past both Houses to be enacted, was consented to by 
the Hon^^^ the L* Governour, and by him signed accordingly ; 
viz : — 

An Act for equipping her Majesty's two transport vessels, 
belonging to this Province, now bound upon an expedition 
for her Majesty's especial service to Canada ; for provisions 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. S97 

for the soldjers at her Majesty's fort W" and ^lnvy ; and 
for the scouts at the frontiers. 

Ordered, that the said 150"'' be disposed of as foil., viz: 
100^''^ for the Transports, 30'^^ for provisions at the fort W" 
and IMary, and 20^^'^ for the frontiers. 

Prorogued till Monday come 14 days, being the 18th 
instant. 

Pursuant to his Excellency's commands the Assembly 
was prorogued till Wednesday, the 17th August, 1709. 

Met, and prorogued till Friday, the 19th Aug., curr*. 



[p. 290.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by prorogation, 
on Friday, the 19th of August, Anno 
Domini 1709. 
Present, 
Peter Coffin, ) Wm. Vaughan, ) 

Robert Elliott, > Esqrs. Sam^ Penhallow, > Esqrs. 
Nath^ Weare, ) John Plaisted, J 

Mr. Secretary Story was sent as a message to the House 
of Representatives to call them up to this Board, who ac- 
cordingly came, and his Excellency the Governour's letter 

f the 16th curr* was comunicated to the General Assembly, 
in ha3C verba sequen : 

Boston, August IG, 1709. 
Gentteme7i : — 

The delay of the fleet for the expedition lias eaten one month 
of your provisions for your soldjers, and the return in the winter 
demands two months more, for fear of being blown off and 
starved, which the other goverments, at my desire, have supplied. 

I desire you will give your vote accordingly, and direct the 
Treasurer to take care therein, as well as for a supply of more 
clothing ; and that you will enable him to do it. I hope I may 
see you in October, and set your affairs in the best order you and 

1 can. 



398 PROVINCE OF NEW-HAMPSHIRE. [1709. 

The Massachusetts have given each soldjer a warm coat, of 
twenty shillings price. You will Honour your selves to doe the 
same ; you will please to consider this and rise in two days. 

And I do hereby prorogue the Assembly to Wednesday, the 19th 
of October next. 

J. Dudley. 

To the General Assembly of the Province of New Hampshire. 
To Mr. Secretary Story, to be communicated to the General As- 
sembly of her Majesty's Province of New Hampshire. 

[p. 291.] The following vote was sent up from the 
House of Representatives to this Board : 
Yoted, 

That the Treasurer be desired to continue the subsistance 
of the soldjers bound against Canada; and in case they 
proceed this winter, to advance two months provisions 
more than already raised, for which we promise care shall 
be taken for payment of in as soon convenient time as 
may be after the collection of what is already granted. 

Aug* 19th, 1709. 

Past by the House. 

Sam^ Keais, Clerk. 
Aug. 19th, 1709. 

Read in Council, allowed and ap- 
proved of, nemine contradicente. 

The General Assembly, pursuant to his Excellency's 
letter before mentioned, is prorogued till Wednesday the 
19th of October next. 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 399 

[p. 292.] Province of New Hampshire. 

At a Councii and General Assembly, 
held at Portsmouth, the 2G^" of Sep- 
tember, 1709. 
Present, 
Major W Yaughan, ) ^ John Gerrish, ) -p 

Robert Elliot, \ ^^^'^' Sam^ Penhallow, \ •*^^^^'^- 

John Plaisted, Esq. 
His Excellency's Letter of the 21^* current, in hajc verba 
sequen., was read at this Board : 

Boston, 21«t Sept., 1709. 

Gentlemen, — Colonel Yetch, her Majesty's agent for the Expe- 
dition to Canada, has desired a meeting- of the several Gover- 
ments to consult and advise what is to be done in case her Majes- 
ty's comands should not arrive ; to sit at Rhode Island, or some 
middle i)lace. 

I direct that you agree among yourselves of one gentleman of 
the Council and two other of the Representatives, such as the 
Speaker and soe many of the gentlemen of that House as can 
meet shall choose, to attend me to that Congress ; it is probable I 
shall j)roceed about this day fortnight. If the gentlemen be ap- 
pointed and ready, they shall have another letter from me what 
day to come away. 

There must be no doubt made of obedience to this order, as we 
tender our obedience to her Majesty, and our hopes of her further 
favor ; the benefit will be a joint representation to her Majesty to 
bear a part of the past charge, and to put forward the expedition 
next year, and to represent that your quota is too high, consider- 
ing you are a frontier. 

The Treasurer must assist those three gentlemen with subsist- 
ance, and I shall dispatch them home as soon as I can. 

[p. 293.] I forget the prorogation, the time of it; but you are 
hereby allowed to call together the Representatives for this er- 
rand and business ; Mr. Penhallow or Mr. Waldron must stand 
for the Councillor. And if the commons please they may send 
Capt. Yaughan for one of the commons, who perha^DS may repre- 
sent the matter in England ; for that I am of oiDinion that Con- 



400 PROVINCE OF NEW-HAMPSHIRE. [1709. 

gress will send some gentleman home to carrj^ their paj)ers. Let 
me hear from you by express forthwith. 

Your humble servant, 

J. Dudley. 
On her Majesty's service. 

To Mr. Secretary Story, to be communicated to the Council. 
New Hampshire. 

Voted, that Samuel Penhallow, Esq., goe as one of the 
Council to his Excellency, to meet the several Governours 
at Rhode Island, or where they are appointed to meet, to 
advise what is to be done relating to the expedition to Can- 
ada, in case her Majesty's commands should not arrive. 

Past by the Council, nemine contradicente. 

Cha : Story, Secretary. 

The above vote was ordered to be sent down to the House 
of Representatives by Mr. Secretary Story, which was sent 
back to this Board from the said House, with the following 
addition : 

Voted, that Mr. Speaker and Major Joseph Smith goe 
from the House of Representatives. 

Past by the House. 

Samuel Keais, Clerk. 

Upon reading the above vote from the House of Repre- 
sentatives, it was ordered at this Board, that Samuel Pen- 
hallow, Esq., and Mr. Secretary Story, go as a Message to 
the House of Representatives, to acquaint them with the 
purport [p. 294.] of his Excellency's letter relating to Capt. 
Vaughan, and our quota of men, &c. 

The representatives were pleased to answer, they had 
well considered his Excellency's letter in every particular, 
before they made their vote. 



1709.] JOURNAL OF COUNCIL AND ASSEMHLY. 401 

[p. 295.] Province of New Hanipsliirc. 

At a Council and General Assemljly 
held at Portsnujntli l)y jjrorogation, 
on Monday, the twenty-eiglitli day of 
November, 1709. 
Present, 
Peter Coffin, ) Robert Elliot, ) 

W™ Vaughan, > Esqrs. Sani^ Pcnliallow, [ Esip's. 
Nath^ Weare, ) John Plaisted, ) 

His Excellency's letter of the 21^* curr* was read at this 
Board, in hoec verba sequen : 

Sir: — Notwithstanding my last ordering a prorogation, I now 
direct that the Assembly sit on Friday, to go through the article 
of the agency agreeable to what I have w^ritten to the Speaker, and 
when that is done, then prorogue for a week, as I directed. 

I desire the gentlemen of the Council to put that matter in a 
true light, that the agency is very important, and will be very 
short, and must not be very changable, and if the Comons come 
into the vote for an Agent, the person, instructions and charge 
shall be after adjusted. 

Let the Comons be disposed to raise the mony for the payment 
of their debts ; and that they may know them, let Mr. Treasurer 
give them a state of their debts, and direct Colonel AValton, in 
my name, to see the muster rolls of both companies made up lair, 
and Mr. Treasurer for Transports, &c. 

The whole charge will be paid here in twenty days, and your 
Goverment cannot be supported but by justice. 

If the sum be now granted, it will be May before it bo gath- 
ered. Let the gentlemen of the Council take care for the Honour 
of the Government in this matter. 

I am your servant, J. Dudley. 

To Mr. Secretary Story, to be comnumicated to the gentlemen 
of her Majesty's Council, Portsmouth. J. Dudley. 

[p. 296.] Nathaniel Weare and Samuel Peidiallow, 
Esqrs., were sent to the House of Representatives with 
Mr. Secretary Story, to qualify Mr. James Rendall to sit as 
a member of that House, who accordingly took the oaths 
appointed by Law. 

Adj"^ till to-morrow morning, ten of the clock. 
26 



402 PROVINCE OP NEW-HAMPSHIRE. [1709. 

Province of Xew Hampshire. 

At a Council and General Assembly, 
held at Portsmouth, on Tuesday, the 
29*^ day of November, 1709. 
Present, 
Peter Coffin, ] Robert Elliot, ] 

W™ Vaughan, > Esqrs. Sam^ Penhallow, > Esqrs. 
Nath. Weare, ) John Plaisted, ) 

The House of Representatives was called up to this 
Board, who accordingly came, and the Gentlemen of the 
Council was pleased to acquaint them that, — 

Pursuant to the Gove'' letter of the 21^' curr*, respecting 
the agency and supporting of this her Majesty's Goverment, 
by defraying the charge thereof, we think meet to inform 
you the absolute necessity of one and the other : as to the 
former, that it would be of great advantage to lay before 
her Majesty the bleeding state of this Province, by reason 
of a long war, that our quota of men may be regulated, 
and the late charge considered ; and whereas the neighbor- 
ing Goverment have had their rites and priviledges con- 
firmed by a due application unto her Majesty, that the like 
application be done respecting this [p. 297.] Province ; 
which wee conceive cannot be so well done without im- 
proving or sending one from hence. 

Colonel Walton will wait on you to-morrow morning with 
the muster rolls, and Mr. Treasurer will lay before you the 
present state of the Province, which wee hope you will con- 
sider, and take due care for a speedy payment of the debts, 
for that the Honour of the Goverment cannot otherwise be 
supported. 

The following vote was sent up to this Board by the 
House of Representatives : 
May it please your Honors, — 

We have perused and considered the proposals given us. 

We think it necessary that our circumstances be humbly 
laid before her Majesty in order for our grievances to be 
redressed and our properties confirmed. 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 403 

Wee having considered the former, do think if any ex- 
pedition intended against Canada next spring, our improve- 
ment in sending by letter, or a person on purpose, will be 
too late to relieve any grievance therein. 

Wee have considered tlie necessity of having our rites 
and properties confirmed by her gratious Majesty ; Also the 
charge of sending an Agent ; Think as your Honours first 
propose — improving a person there may be as advantageous 
and less charge much than sending ; which person or per- 
sons so to be improved, we pray to be advised of, by those 
Gentlemen that hath been improved in the Agency for this 
Province. 

Wee have considered and resolved when we know the 
debts of the Province, to pay them as soon as possible wee 
are capable. 

Yoted, at the House of Representatives, the 29"' Novem- 
ber, 1709. 

Sam^ Keais, Clerk. 

Adj*^ till to-morrow morning, 10 of tlie clock. 



[p. 298.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Wednesday, 
the 30"' of November, 1709. 
Present, 
Peter Coffin, ) Robert Elliot, ^ 

W™ Vaughan, V Esqrs. Sam^ Penhallow, > Esqrs. 

Nath. Wear, ) John Plaisted, ) 

The two following votes were sent upp to this Board by 
the House of Representatives, viz : 
May it please your Honours, — 

By the account and Muster Rolls laid before us by the 
Comissary General, wee find the province in debt ; and in 
order for a right knowledge of the sum, wee pray that a 
public notification may be given for each person in the 



404 PROVINCE OF NEW-HAMPSHIRE. [1709. 

province to bring in their claims to some or one member of 
this House, so that there maybe care taken for the payment 
thereof. 

Nov. 30«S 1709. 

Past by the House. 

Sam^ Keais, Clerk. 

It is desired by this House, that the Honourable Council 
of this Province, in his Excellency's the Governour's ab- 
sence, take into their consideration to dismiss the several 
soldjers belonging to the several Towns of this Province 
now at the fort W^ and Mary, only the four standing sold- 
jers there belonging, which has been practicable to be re- 
leased before this time of the year. 

Nov. 30^% 1709. 

Past by the House. 

Sam^ Keais, Clerk. 
Prorogued. 



[p. 299.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Friday the 
second day of December, 1709. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'^, &c., 
Peter Coffin, }^ Robert Elliott, )^ 

W^ Vaughan, j ^^^^^' Sam^ Penhallow, \ ■*^^^^^- 

John Plaisted, Esq. 
Voted, that John Campbell, Post Master General, be paid 
out of the Treasury in course eighteen pounds, for his service 
in taking care of all Expresses, and his Excellency's Let- 
ters to and from this Goverment. 

Adj*^ till to-morrow morning, 10 of the clock ante me- 
rediem. 



I 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 405 

Province of New Hampshire. 

At a Council and General Asscmljly 
held at Portsmouth hy adj', on Satur- 
day, the third day of Decemljcr, 1700. 
Present, 

His Excellency Joseph Dudley, Esq., Governour, etc., 

Peter Coffin, ) 

AV^ Yaughan, \ Esqrs. Samuel Penliallow, } -p 

Robert Elliott, ) John Plaisted, ( ^^'^'l^''^- 

The following vote was sent upp to this Board, from the 
House of Representatives : 

May it please your Excellency, we are sensible that it is 
our duty and will [p. 300.] be our interest to represent the 
poor distressed condition of this Province to her Majesty, 
in order to have our grievances redressed, and thereby our 
frontiers defended and preserved against our enemies, 
which we may fear will visit us ; and are considering thereof. 
Also the acc"^ of our Debts and taking all possible care for 
the payment thereof, that soe we may, as our intention is, 
do justice in all things. 

S'^ Dec, 1709. 

Past by the House. 

Sam^ Keais, Clerk. 

The petition of several of the inhabitants of Quamscott 
was read at this Board, in hsec verba sequen : 

To his Excellency Joseph Dudley, Esq., Gov"" and Comander in 
chiefe of her Majesty's Province of New Hampshire, in New 
England, and to the Honorable the members of her Maj'"*^^ 
Council in the said Province : 

The humble petition of the inhabitants whose names are here- 
unto subscribed, living within the Bounds of Quamscott patent in 
New Hampshire, 
Humbly Slieweth,— 

That your petitioners are in number upwards of sixty families, 
and live very remote from any publick IMceting House for the 
worshipp of God, and meet with great difficulties to get to the 
nearest meeting house in the winter time, (which is Exeter) some 



406 



JPEdYlNCE OF NEW-HAMPSHIRE. 



[1709, 



living six, some five, and some four miles distant ; Therefore are 
desirous to be a townsliipp of themselves, they having never yet 
been joined to any Town, only having paid taxes sometime to 
Hampton, sometimes to Exeter ; and your petitioners being in a 
capacity and willing and ready to maintain a minister and school 
master, within such limited time as your Excellency and Honor 
shall appoint, they having never had any benefit of a school for the 
education of their children, by reason of their living a great dis- 
tance from any school : 

May it therefore please your Excellency and Honours to grant 
unto [p. 301.] your petitioners a Charter for a town to be settled 
upon Quamscott patent, with such Grants, covenants and clauses 
as your Excellency and Honours shall see meet ; and with the fol- 
lowing bounds, or what other bounds may be thought proper, (to 
wit) beginning at a rock called Brandy Eock, near Sandy Point, 
And to run up to the River by the mouth of a creek called Wheel- 
wright's Creek, And to run at each end into the woods, upon a 
south east line, three miles. 

And your petitioners, as in duty bound, shall pray, &c. 



James Eunlett, 
Tho. Reed, 
Tho. Bryer, 
Jn*^ Hanniford, 
Jonathan Norris, 
Nath^ Foulsham, 
ISam^ Levitt, 
Richard Calley, 
Thom. Vesey, 
Ephraim Levitt, 
Edward Masarvy, 
Syman Wiggin, 
Andrew Wiggin, 
Jonathan Wiggin, 
"Yyin French, 
John Rett, 
W"^ Moor, 
Dan^ Levitt, 
Henry Lami)ire, [?] 
John Mason, 
Samuel Riper, 
Richard Crockett, 
Samuel Skillen, 



John Jones, 
Phillip Duly, 
Ithiel Smith, 
Richard Morgan, 
James Caneston, 
Samuel Green, 
Tho. Speed, 
James Godfrey, 
Ann Wiggin, Widd*^ 
Abraham Morgen, 
Ezekiel Ladd, 
Owen Runlett, 
George Vesey, 
Jonathan Clark, 
Stephen England, 
Benj. Hodge, 
Josiah Clark, 
Benj. Levitt, 
Satchell Runlett, 
Benj. Jones, 
Thomas Policy, 
Phillip Spcnlow, 
John Snickler, 



1709.] JOURNAL OP COUNCIL AND ASSEMBLY. 407 

IsaiW ^Y'dtson, Tlio. AVi-oiii, 

Beiij. llawlins, Tho. AVri<4ht. 

Benj. Palmer, 

[p. 302.] The following desire in Obstruction to the said 
petition was put in at this Board, in liaic verba scqucn : 

Ma?/ it please your Excellency, — 

Wee, whose names are under written, living within the peti- 
tioned Bounds of Quamscott, doth earnestly desire that your Ex- 
cellency and Honours would be pleased to deny the request of 
those petitioners for a township in Quamscott; as for the gener- 
ality of the said petitioners are poor people, and several of them 
according- to the best of our knowledge, instead of defraying any 
towai charge, are rather likely to be a town charge themselves — 
yo'' earnest desirers : 

John Clark, David Robison, 

Moses Levitt, Jr., Jonathan Robison, 

^Y'^ Chiles, Benj. Brown, 

John Mead, Nath^ Stevens, 

Charles Runlett, Joseph Rolins, 

Nathi Ladd, John Roberts, 

Nath' Right, Moses Rolins, 

Joseph Lorrence, Tho. Rolins, 

Benj. Tailor, Israel Smith. 

Edw^ard FiHeld, 

In answ^er to the afore petition of the inhabitants of 
Quamscott : 

The Council do very well commend the good and relig- 
ious inclination of the subscribers to establish the worship 
of God amongst them ; and direct them to proceed to make 
a subscription of wdiat sum each man is capable to pay 
towards the support of a minister annually, and lu'ing the 
same to the next meeting of the Governour and Council 
within six months next coming ; when they shall be further 
considered and directed to proceed in their good intentions. 
Per Order. Cha. Story, Secretary. 

5«^ December, 1709. 

Ordered, that Robert Elliott and William Vaughan, 
Esqrs., be a Committee of this Board to join with two of 



408- PROVINCE OF NEW-HAMPSHIRE. [1709.^ 

the Representatives to examine and audit the Treasurer's 
acc^^ 



[p. 303.] Province of New Hampshire. 
The following of the inhabitants of the South part of 
Hampton was read at this Board, viz : 

To Ills Excellency Joseph Dudley, Esq., Governour andComander 
in Cliiefe iu and over her Majesty's Province of the Massachu- 
setts Bay and 'New Hampshire, and the Honourable the members 
of the Council and Representatives, convened together in Gen- 
eral Assembly, now sitting : 

The humble address and petition of her Majesty's Loyal and du- 
tiful subjects belonging to the South part of Hampton, in said 
Province of New Hampshire, commonly called Hamilton falls, 
Most humbly sheweth, — 

That your petitioners being at that distance from the publick 
place of the worship of God at the Town, and soe many difficul- 
ties in going, and many times no passing over the Causeway by 
any means, that it hath caused your petitioners to be at the charge 
of building a Meeting House upon our side of the Town, and have 
had a minister for some time, and doing all by free contributions 
our selves ; and the other part of the Town being the Major part 
of the Town, Eates us in the full proportion according to our es- 
tates, to the repairing the Meeting House and parsonage, and to 
the minister there, which is burdensome to us, and we are not able 
to settle a minister with us for want of some better settlement in 
the matter. 

Wee therefore pray that in your wisdom you will grant us some 
rislief in this matter, either that the Town and we on our side may 
maintain two by raising our Rates in general together, or that 
we may be freed from the paying to the Town, and have power 
given us to make a Rate or tax for the subsistance of one with us. 
John Gove, James Prescott, 

Xath^ Batchelder, Timothy Blake, Sen., 

Tho. Cram, Jacob Green, 

Joseph Sanburn, Isaac Green, 

Sam^ Healey, Dan^ Tilton, 

Natli^ Wear, Joseph Swett, 

Nath^ Wear, Jr., Joseph Case, 

Timothy Ilillyard, Jonathan Mason, 

Moses Blake,' [p. 30^.] Bcnj. Fiticld, 



i70a.] JOURNAL OF COUNCIL AND ASSEMBLY. 409 



i 



Jethro Tilton, 




Benj. Batcholor, 


Bonus Norton, 




Jonatlian Batchclor, 


Joseph Emons, 


[?] 


Israel Clifford, 


Ebcnez"" Gove, 




Benjamin Ilillyard, 


Jonatli"^ Philbrook, 


Natli' Sanburn, 


Joseph Cram, 




James Prescott, 


Ephraim Hoyt, 




Benj" Sanborn, 


John French, 




Sami Tilton, 


Peter Wear, 




Philemon Blake, 


Cha. Pottle, 




Benj. Cram, 


Sam^ Shaw, 




Joseph Tilton, 


W'" Sanburn, 




David Tilton, 


Jn*' Brown, 




Jonathan Fifield, 


Holdridge Celley, 


Enoch Sanburn, 


John Eaton, 




Jacob Clifford, 


K'athi Prescott, 




Zacharias Clifford, 


Jacob Basforcl, 




Caleb Shaw, 


Israel Blake, 




■\Ym Brown, 


Israel Clifibrcl, 


Sen"-, 


Benjamin Perkins. 



Upon a full hearing of both parties in Council upon this 
petition, the 3^ December, 1709, voted that the contract and 
agreement of the Town of Hampton for the maintenance 
of Mr. John Cotton, their present minister, be and is hereby 
ratified and confirmed ; And the town directed to proceed 
for the raising and payment of the same as in all time ho^e- 
tofore ; That the petitioners and such others as are joined 
with them on the westward of Tailor's River,* have power 
at a meeting once a year for that end, to choose among 
themselves three persons to be Assessors for raising the 
sum of for the maintenance of such learned and or- 
thodox minister to officiate in the New Church at Hampton, 
as they shall agree to call to the service there, with the ad- 
vice of Mr. Cotton, their present minister ; that the affairs 
may proceed with such peace and frien dship as becomes re- 
ligion and good order ; And that the Assessment upon the 

*[In 1G85, " 17th of 11," Henry Dow, Town clerk of Hampton, entered in his diary, 
as follows: " The number of souls this side of Taylor's river, 495; over Taylor's river 
212." " This side " means the north sidej "ore?-" means the south side or Hampton 
Falls.— Ed.] 



410 PROVINCE OP NEW-HAMPSHIRE. [1709. 

said petitioners and inhabitants on the said Western side of 
Tailor's River, being signed by the said Assessors, shall be 
Collected by the Constables at all times, and paid into the 
minister for his support, as in all other Towns and precincts 
in this Province. 
Past by the Council. 

Cha : Story, Secretary. 



[p. 305.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, by adj*, on Mon- 
day, the 5"^ Xbr., 1709. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'", &c., 
Peter Coffin, ) 
Robert Elliot, > Esqrs. Sam^ Penh allow 



W"^ Yaughan, ) John Plaisted, \ ^^^^^' 

The foil, votes was sent upp from the House of Repre- 
sentatives, in haec verba sequen : 

Portsmouth, 5"^ December, 1709. 
In the House of Representatives, voted unanimously, — 

That there be four thousand pounds, Bills of credit, 
raised and brought into the Treasury of this Province, and 
from thence issued for the payment of the debts of the 
Province, and that Major W"^ Yaughan, Samuel Penhallow, 
Mark Hunkin, Speaker, Theodore Attkinson, Esq., and Mr. 
Secretary Story, may be a comittee forthwith to goe to Bos- 
ton to obtain leave of the Goverment there, to impress and 
perfect the said four thousand pounds in Bills, and to sign 
the same ; unless, which wee rather desire, they can obtain 
of the Goverment of the Massachusetts to lend us the said 
sum of four thousand pounds of their Bills, and take secu- 
rity upon our fund, and Act of the Assembly made by this 
present session for the raising of five thousand pounds in 
five years next coming, for the support and payment of the 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 411 

said bills, and the said W™ Vauglian, Samuel Pcnliallow, 
Mark Hunkin, Theodore Attkiuson, and Charles Story, 
Esqrs., are hereby Impowered as a comittee of the General 
Assembly of this Province, to doe and perform what is 
necessary for the finishing this affair, and procuring the 
Bills aforesaid as soon as is possible, that the deljts of the 
Province may be discharged. 

Sam^ Keais, Clerk. * 

Pursuant to the aforesaid vote, a bill was drawn upp and 
sent down to the House of Representatives, & annexed to 
the said vote, who Imediately sent the said vote back with 
the following words thereto annexed : — 

Whereas the bill mentions the annual time of payment 
to be in October, we pray it may be in Xber, that being 
the most suitable time for the farmers to make mony of 
what they raise ; and further we pray, if it may be, that a 
longer time may be given for payment of said bills ; and 
whereas the bill mentions four thousand pounds, we pray 
the sum may be but three thousand pounds, which we 
hope, by what is mentioned in the memorial lying before 
us, may be sufficient to pay all our Debts ; and the bill for 
raising five thousand pounds be as mentioned in the said 
bill, if there be occasion for soe great a sum. 
Past by the House. 

Sam^ Keais, Clerk. 

[Petition of John Cross.] 
May it please your Excellency. 

[p. 306.] My poverty and distres causethmy Importunity so long 
and often to your Excellency for Justice. It is some years since your 
Excellency in Council ordered, that I should have liberty of sue - 
ing John Hinkes, Esq., for twenty-nine pounds, due for service as 
a soldjer at her Majesty's fort at Newcastle ; which sum your Ex- 
cellency was satistied he had of mine in his hands, and I was to 
have an attorney, other fees, &c., free; but your Excellency not 
directing any particular attorney, none would do it. 
I humbly pray your Excellency would consider and relieve m 



412 PROVINCE OF NEW-HAMPSHIRE. [1709. 

herein, as your Excellency shall think most fit; either by ordering 
my due from the Treasury or otherwise, and your Excellency's 
Immbly obedient though distressed servant, as in duty bound, 
shall ever pray for your Excellency's i^rosperity. 
Portsmouth, 5^^ Xbr, 1709. 

John X Cross. 
In Council. 

In answer to the above petition of John Cross, an old 
servant at her Majesty's fort, the articles whereof appear to 
be true at this Board, by the minutes of Council referring 
thereto, — 

Ordered, that Mr. Secretary Story assist the said Cross, 
sub forma pauperis, to drawing the writs and giving copy of 
the papers and minutes of Council, and managing the case ; 
and that Mr. Sheriff Phipps doe serve the writs and doe 
the duty of his office for said Cross (so far as concerns the 
said Cross to pay) without fees, and that the judges re- 
ceive the said Cross's action without fees for themselves or 
officers. 

Past by the Council, nemine contradicente. 

Cha : Story, Secretary. 

[p. 307.] The following votes were sent up from the 
House of Representatives, — viz. : 

Voted, that his Excellency be directed to cover the ad- 
dress of the General Assembly now past to Mr. Henry 
Newman, at Whitehall, praying him immediately to attend 
Colonel Nicholson with it, and to keep Colonel Nicholson 
company at the representation of it to her Majesty ; and 
that they pray my Lord Sunderland to introduce them. 
Past by the House. 

Sam^ Keais, Clerk. 
Cons<3nted to by the Council, nemine contradicente. 

Cha : Story, Secretary. 

Portsmouth, 5*'' Dec, 1709. 
Hon''^° Sir, — We are encouraged by his Excellency our 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 413 

Governor, that you will favor the Assembly of this I'rov- 
iiice soe far as to present onr Address to her Majesty and 
represent our poverty and distress ; and yet an earnest de- 
sire that the expedition against Canada may l)e revived in 
the Spring, Agreeable to our address, which Mr. Newman 
•waits on you with, whom we have desired to attend you on 
our behalf. And we humbly pray you to represent his Ex- 
cellency our Governor well in all the offices at Whitehall, 
which is the agreeing sense of us. 

We are your most obliged humble servants. 
The Covmcil and Assembly of the Province of New 
Hampslnre. 

Mark Hunkin, Speaker. 
To Colonel Nicholson, Esq. 

By order of the Council. 

Cha : Story, Secretary. 
5*^ X^^,1709. Past by the House. 

Sam^ Keais, Clerk. 
Consented to by the Council. 

Cha: Story, Secretary. 

Portsmouth, 5"^ X"^ 1709. 
Sir^ — I am commanded by the Govern'' to Cover this 
vote to you, and pray you to persue the intent of it. If 
Colonel Nicholson should not be arrived, you will please to 
open the letter directed to him also. 

I am sensible of the trouble you will have in this matter, 
but if you please to Honour this Province, I hope the As- 
sembly will acknowledge it sometime. 

I am your humble servant, 

C. S., Secretary. 
To Mr. Henry Newman, Whitehall. 



414 PROVINCE OF NEW-HAMPSHIRE. [1709. 

[p. 308.] Province of New Hampshire, 

At a Council and General Assembly 
held at Portsmouth, by adjournment, 
on Monday, the 6th Dec, 1709. 

Peter Coffin, ) 

Robert Elliot, > Esqrs. Samuel Penhallow, ) ^ 

Wm. Yaughan, ) John Plaisted, ] ^^'^^'^* 

Mr. Treasurer Penhallow did this day appear in Council 
and made oath to the truth of his general account for the 
year 1708 and 1709, both of debt and credit, the whole 
am*^ 1351 : 13 : 5, which ace" was also examined & approved 
of by a comittee of both Houses, and allowed in Council, 
and the balance due to the Treasurer, being 162 : 15 : 1, 
ordered to be paid out of the Treasury. 

Ordered, that Mr. Treasurer Penhallow be paid out of 
the Treasury, the sum of 29^''^ : 14' : 5'^ for his trouble in 
receiving 1188'^^ : 18^ : 4^^, and the sum of thirty-two pounds, 
five shillings, for his trouble in paying 1289"^^ : 14^ : 0*^. 

Ordered, that Mark Ayres be paid out of the Treasury, in 
course, two pounds two shillings, for his labour and Leather 
in making of snow shoes. 

Mr. Treasurer Penhallow, his debenter, amounting to 
140 : 19' : 10*^, for victualling soldjers and disbursements 
in entertaining the Gov^, L* Gov'^, &c., at several times, 
having been audited by a committee and by them approved 
of, was allowed in Council. 

Colonel Walton's Muster Roll, relating to the expedition 
ag* Canada, Am« to 674^'^' : 14' : S^, was allowed in Council 
and ordered to be paid .out of the Treasury. 

Capt. Austin's muster roll, relating to the expedition 
ag'* Canada, Am^ to 448^^^' : 5' : 8^, was allowed in Council 
and ordered to be paid out of the Treasury. 

[p. 309.] Whereas Ephraim Eaton and Joseph Dow 
were brought to her Majesty's goal in Portsmouth, for re- 
fusing to pay their rates to the town of Hampton, and it 
appearing to the Govern'' and Council that they had paid 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 415 

their rates this year to the town of Salislniry, in tlic Massa- 
chusetts government, there being a difference aljout the 
Bound Line betwixt the two Provinces, and is not yet 
known in which government the said Eaton and Dow live : 

Ordered, that they be released from their imprisonment 
relating to the said Rate, and free from all charge. 

Mr. Treasurer delivered in an account of the impost and 
excise, amounting to 33"^^: 0^: 0*^, which being audited by 
the committee, and approved of, was allowed in Council. 



To the Queeii's most Excellent Majesty. 
The address of your Majesty's most dutiful and Loyal subjects, 

the Governour, Council and Representatives of your Majesty's 

Province of New Hampshire, in Xew England, convened in 

General Assembly, 
Most humbly Sheweth : — 

That in the midst of the great distresses that your Majesty's most 
dutiful loyal subjects of this your Majesty's Province were involved 
in, by the frequent incursions of our ill neighbours, the French of 
Canada, and their dependent Indians, to the great hurt of our 
l^lantations and settlements, your sacred Majesty has been pleased 
of your Eoyal Bounty and compassion to supply us with a num- 
ber of cannon and stores for our defense ; The receipt wliereof 
has invigorated and encouraged us in the defense of our frontiers, 
and our marches against the Indians [p. 310.] in their secret re- 
cesses in the woods, which are always and still successfully put 
forward by your Majesty's Governour for our security, to our 
perfect satisfaction : 

That while we were thus defending ourselves and families 
against the common enemy of the repose of all your Majesty's 
Brittish subjects in the plantations abroad, as well as in Europe, 
we w^ere pursued by the challenge of Mr. Allen, for the Lands 
and soil under our feet, which we have this sixty years defended 
with our lives and estates, as well as the assistance of our good 
neighbours of your Majesty's colony of the Massachusetts : — your 
Majesty of your Royal and princely regard to us has dismissed 
that challenge, which will forever encourage us to our utmost 
power to defend this your Majesty's Province ; since we may now 
hope to leave our children in the possession of the country, with 



416 PROVINCE OF NEW-HAMPSHIRE. [1709. 

an entire dependence upon your Majesty and your royal success- 
ors, without the danger of any further unjust challenge from those 
persons that have so long disturbed us Avith their claims : — 

And whereas your Majesty, out of a gratious regard to this and 
other your Provinces in these i^arts of America, was pleased to 
form a design against the French settlements at Canada and 
Nova Scotia the last summer, bnt a more important service in 
Europe, requiring your Majesty's forces which were intended 
hither, whereby that design is laid aside for the present: Wee most 
humbly pray your Majesty that it may consist with your royal 
pleasure to revive the said design, and that the expedition lately 
intended may be prosecuted seasonably the next spring, and that 
[p. 311.] your Majesty's Arms in America may have a glorious 
success as in Europe, to the utter confusion of your enemies, and 
lasting repose of all your Majesty's good subjects inhabiting this 
continent. 

We most humbly tender our everlasting praises to Almighty 
God for your Majesty's most glorious successes against the tyranny 
and usurpation of the French king, and heartily pray for your 
Majesty's long life and happy reign, and the continuance of the 
protestant succession, for the benefit of your Majesty's subjects 
of Great Britain, and all your Majesty's Dominions and j)lauta- 
tions, and of all Europe who have had the unspeakable benefit of 
your Majesty's unparaleled Reigne. 

We are your Majesty's most Loyal and obedient subjects. 

Cha. Story, Secretary. 

Signed in i)resence and by order of the Council. 

Portsmouth, in New Hampshire in New England, 6th Decem- 
ber, 1709. Mark Hunkin, Speaker. 

Signed, in iDresence and by order of the house of Represen- 
tatives. 



[p. 312.] Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth, by prorogation, on Wed- 
nesday, the 8"' of February, 1709. 
Present, 
Peter Coffin, ) John Gerrish, ) 

Robert Elliott, [ Esqs. Sam^ Penhallow, > Esqs. 

W™ Vaughan, ) John Plaisted, ) 

Adj'^ till to-morrow, two of the clock, post merediem. 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 417 

Province of New ITampsliire. 

At a Council and General Assem- 
bly held at Portsmouth by Adj', on 
Thursday, the 9^^ of February, 1709. 
Present, 
Peter Coffin, ) John Gerrish, ) 

Robert Elliot, > Esqs. Sam^ Penliallow, [ Esqs. 

■W"" Yaughan, ) John Plaisted, ) 

Adj^ till to-morrow, ten of the clock, ante merediem. 



[p. 313.] Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth by adj*, on Friday, the 
10«^ of February, 1709. 
Present, 
Peter Coffin, ) John Gerrish, ) 

Robert Elliot, > Esqs. Sam^ Penhallow, > Esqs. 

W^ Yaughan, ) John Plaisted, ) 

His Excellency's Letter of the 6*^ current, in hsec verba 
sequen., was communicated at this Board and sent to the 
House of Representatives : 

Boston, 6*h Feb'ry, 1709-10. 
Gentlemen : — 

I have the visitt of your Treasurer, Speaker, Secretary and Capt. 
Attkiuson, referring to your Bills of credit, and that matter is 
proceeding to y^ satisfaction. 

They have further considered and advised with me, referring to 
an address which they will show and lay before the Assembly, 
with Instructions for the agent's proceeding. 

Whether you will send an Agent from hence or employ one 
there is the next question, and because I cannot be present to as- 
sist in the consideration you must allow me to write. 

I beheve an Agent from hence best, and I think the gentleman 
you employed last year very fit for your service ; and if you think 
the expense too gi-eat at present and that it may be brought for- 
ward by a person there, and perhaps a i)erson from Home next 
year may be present at the perfecting of your affairs, I then 
think it best you employ Mr. Henry Newman, a very good geu- 
27 



418 PROVINCE OP NEW-HAMPSHIRE. [1710. 

tleman and very acceptable with those upon whom he depends ; 
to whom you must then supply thirty or forty gumeas, and you 
may by him get the matter so brought forward as to be finished 
another year. 

If you take either of those ways and the Address and Instruc- 
tions [are] agreeable to your own thoughts, I hope [p. 314.] my 
absence will be no hurt or injury to your aifairs ; if any new 
question occur you may express it out and have in 24 hours, and 
you shall not stay for my opinion. 

I heartily wish you good agreement and successful proceedings, 
and am 

Your very humble servant, J. Dudley. 

For her Majesty's Service. 
To the Gentlemen of her Majesty's 
Council, to be communicated in Gen- 
eral Assembly. 

The following vote was sent upp from the House of Rep- 
resentatives to this Board, viz : 

Gentlemen : — 

We have perused and considered the Governor's letter 
relating to an address to the Queen's most Excellent Maj- 
esty by an Agent from hence or employing one there in 
London ; we think it necessary that one or the other way it 
should be done, but. have thought and enquired how mony 
should be obtained, find noe way to raise it for the present. 

Wee pray your Honours' advice in this matter, and in 
any thing that may be for the benefit for the Goverment 
wee shall always do our duty. 

Past by the House. 

Sam^ Keais, clerk. 

Voted, W February, 1709-10. 

Mai/ it please your Honours : — 

At the last sitting of this House we choosed three of y® 
House to be a committee to examine the Province debts ; 
wee pray that wee may join some of the members of her 
Majesty's Council therein, and that a time may be ap- 



1710.] JOURNAL OP COUNCIL AND ASSEMBLY. 419 

pointed for their meeting, after due notice given, to the in- 
habitants to bring in their claims. 

Past by the House of Representatives. 
Voted 10"^ February, 1T09. Sani^ Keais, clerk. 

From the Commons. 

Mr. Speaker, Mr. Elliott, 

Major Smith, Mr. Plaisted, 

Theod. Attkinson. Mr. Penhallow, 

Appointed as a Comittee of the Council to join with the 
Committee of the House of Representatives. 
Past by the Council. 

Cha. Story, Secretary. 
Adj^ till to-morrow, ten of the clock, ante merediem. 



[p. 315.] Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth by adj*, on Saturday, the 
11th February, 1709. 
Present, 
W°^ Yaughan, ) -^ John Gerrish, ) -^ 

Robert Elliot, j ^^^^' Sam^ Penhallow, j ■*^^^^- 

John Plaisted, Esq. 
The following vote was sent upp from the House of Rep- 
resentatives, viz. : — 
To the House of Representatives sitting — Voted, 

That whereas his Excellency the Govern'" has been 
pleased to recommend to this Assembly the consideration 
of sending an Agent for England, or employing one there, 
to address her most excellent Majesty on several articles 
which has been laid before you ; and whereas your house 
has been pleased to signify that you think it necessary to 
send an agent or employ one there, but having thought and 
enquired how mony should be obtained, find noe way to 
raise it for the present, and have desired our advice therein : 



420 PROVINCE OF NEW-HAMPSHIRE. [1710. 

In answer thereto we saj we are unanimously of opinion 
that an Agent be sent hence, and that you pass an Act for 
raising 500^'"' to be paid, or a vote of your House to im- 
prove so many of the Province bills when perfected, to sup- 
port that charge ; and that he embark upon the first vessel 
bound to Portugal, or any part of Europe adjacent to Eng 
land. 

11*^ February, 1709. Past by the Council. 

Cha: Story, Secretary. 

Prorogued till Monday, the 13«^ of March, 1709. 

Met, and prorogued till Wednesday, the 12^^' April, 1710. 



[p. 316.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, by prorogation, 
on Friday, the 12^^ of May, 1710. 
Present, 
His Excellency Joseph Dudley, Esq., Govern^, &c., 
Major W™ Yaughan, ) y John Gerrish, ) ^ 

Eobert Elliot, \ ^^^^^' Sam^ Penhallow, ] ^^^^^' 

John Plaisted, Esq. 
A message was sent from this Board to call the House of 
Representatives upp, who accordingly came, and his Excel- 
lency made the following speech, viz. : 

Gentlemen: — You have past the winter since I saw you without 
any inconvenience from the enemy, and we are yet in expectation 
of her Majesty's commands, which I am sure will be cheerfully 
obeyed in this and the other Province. 

I shall be glad in the present session to agi-ee to any thing for 
the benefit of the Province, which you have to offer. 

I suppose your comittees have adjusted yo'" Debts ; that by the 
help of your Bills of credit the government may stand fair with 
all her Majesty's good subjects, and the soldjers may be encour- 
aged in the defense of the Province, to which there shall be 
nothing wanting on my part, while I have the honour to com- 
mand, and may have the benefit of your advice for her Majesty's 
service. 



I 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 421 

The petition of Nicholas Davison was read at this Board 
(relating to his being wounded in the service), recommen- 
ded to the House of Eeprcsentatives. 

The Committee for auditing the publick accounts of this 
Province brought in their report, and the same was read at 
this Board, in hxo verba sequcn., viz. : — 

[p. 317.] At a Comittee appointed by the General Assembly 
of her Majesty's Province of New Hampshire, to receive all claims 
of debts due from the said Province, and to adjust the same, doe 
make their report as followeth : — 

lbs. s. d. 

1. L* Tippetts, as per his muster roll, allow*^ . . 6: 10: 2 

2. Capt. Hill's debenter about soldiers scouting, &c., 

not allowed. 

3. Theodore Attkinson, Esq., allowed for victual- 

ing, 30: 0: 

4. W"^ Lond's [?] ace*, not allowed. 

5. George Walker, as per certificate, allowed, . 0: 4: 

6. Nicholas Barcoe, as a soldjer at the fort, his ace* 

not allowed. 

7. Jeremiah Gilman's debenter referred, alio w*^ . 1:10: 

8. "W™ Partridge's ace** referred, not allowed. 

9. Tho : Webster's ace**, allowed, . . . . 3:11: 

10. Thomas Phipps, Esq., slierifl', allowed of his ace* 6: 0: 

11. Splan Lovel, allow*^ for attending the Assembly, 

&c., \ 10: 0: 

12. Benj. Levitt, by order of Council, allowed, . 1: 10: 

13. Jno Walker, his order, is referred, not allowed. 

14. Samuel Penhallow, by several accounts, from 

(N° 1 to N^ 7) am« to, . . 442: 14: 2 
allow^ed, out of which sum there is to be de- 
ducted 350 lbs., paid him out of the 1720 lbs. 
tax, — soe remains due, 92: 14: 2 

15. Jonathan Sanborn, nothing allow*^. 

16. Theodore Attkinson, about repairing the fort 

boat, allowed, 1:7:2 

17. Jn" Abbett, for carrying French prisoners to 

Boston, allow^"^, 1:5:0 

18. Colonel Partridge, per order of Council, allow'd 10: 0: 

19. Obediah Morss and Sam^ Hart, for shoeing his 

Exc. horse, allow'd, 1: 14: 



422 PROVINCE OF NEW-HAMPSHIRE. [1710. 

20. Widow Jose, for her linsband's service in attend- 

ing the Council, &c., in his life time, allowed, 5: 0: 

21. Byley Dudley and Liford's acc"% not allow'd. 
23. Thomas Westbrook's acc"^ about timber for the 

fort, allow'd, 20 : : 

2Q. Robert Elliot, Esq., for timber, &c., in Col. Ro- 

mer's acc"% allow'd, 13:0:0 

27. To ditto Elliot, per order of council, for his 

shallop, 12: 0: 

28. Peter Coflan, Esq., for plank, &c., in Col. Ro- 

mer's acc«% 10 : : 

29. Major Josej)!! Smith, for snow-shoes, &c., al- 

lowed, 11: 0: 

30. To ditto Smith, for expresses, allow'd, . . 3 : 16 : 

31. W™ Ayres, for several expresses, allow'd, . . 1: 10: 

32. Ephraim Marston, for service at the fort, allow'd 1 : 5: 

33. Capt. Hunkiu, for his shallop, &c., in the ser- 

vice, allow'd, 2:0:0 

34. [p. 318.] Mr. Robert Cofla.n's account, about 

provisions, referr'd, not allow'd. 

35. Colonel Hilton, for maintaining French prison- 

ers, allow'd, 2:0:0 

36. Major Smith, as due to Capt. Dow, in his life 

time, on account of soldjers which fell short, 

unpaid of the muster roll, allow'd, . . . 6 : 12 : 8 

37. Richard Waldron, Esq., for himself and others, 

as per ace", allow'd, . . • . . 25 : 10 : 

38. L* Thing, for pasturing horses, nothing allowed. 

39. Colonel Packer, about the squaw, allowed, . 70:15: 4 

40. Messrs. Attkinson and AYybird, about the slooj) 

Speedwell, in her Majesty's service, allow'd . 9 : 16 : 8 

41. Colonel Packer. 

42. Capt. Pickerin's ace", about powder, not allow'd 

by reason in y^ Council book. 

43. Jonathan Sanburn, for pasturing horses, not al- 

low'd. 

44. Colonel Packer, for rent for his house, and med- 

icines for Benj* Lampree, a soldjer. 

45. Roger Swaine, for entertaining the said Lam- 

pree 

46. Stephen England, for his attendance on the As- 

sembly, allow'd, 2:0:0 



11: 


0: 





64: 


13: 


G 


8: 


0: 






1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 423 

47. Eobert Thompson, for killing an Indian, . . 5: 0: '0 

48. Colonel Hilton, as per mnster roll. 

49. Capt. Gilman, as per ditto, as per indorsement, 

50. Thcopliilus Smith, as per ditto, allowM, 

51. Colonel Hilton, as per acco", allow'd, 

53. John Gilman, abont sconting, not allow'd. 

54. Richard Doloph's ace**, not allow'd. 

55. Edward Gilman's ace*, not allow'd. 

56. Thomas Wilson's ace**, referred, not allow'd. 

57. George Almory's Ace*, not allow'd. 

58. Thomas Pearce, allow'd for mogasheens, as per 

ace*, 5:7:0 

59. Obediah Morss, his Ace* not allow'd. 

60. John Abbett, as per his ace*, allow'd, . . . 3: 19: 6 

61. Hugh Reed, as per ace**, allow'd, . . . 0: 15: 

62. Moses Paul, his ace* not allow'd. 

63. Thomas Pearce, about scouting, not allow'd. 

64. Peter Foulsham, his ace* not allow'd. 

65. Major Smith, allow'd for expresses, as per his 

account, 2:2:G 

66. W'^ Blackwell, for going express, allow'd, as per 

his ace**, 0:8:0 

68. [p. 319.] Joshua Liteman, his ace* not allowed. 

69. George Chisley, his ace* paid. 

70. Abraham Bennick's muster roll, referred, allow'd 7:13: 8 

71. Joshua Weaks, for expresses, as per his ace**, al- 

low'd, 0: 12: 

72. Joseph Bailey, for ferridge, as per ace*, allow'd, 0: 15: 10 

73. Jacob Clark, for his shalloj) in the service, as per 

ace*, allow'd, 1 : 10 : 

74. John Partridge, for ferridge, as per ace*, allow'd, : 6 : 

75. Mark Ayers, as per ace* allow'd in Council, there- 

fore not proper here. 

76. John Snell, as per his ace*, allow'd, . . . 2: 14: 

77. To Capt. Hall, Glidden and Lee, for Timber, al- 

low'd, per ace**, 4:0:0 

78. Samuel Manson, for his shallop in the service, al- 

low'd, 0: 15: 

79. Elisha Bryer, his ace** will be put into Mr. Pen- 

hallow's account. 

80. Robert Coffin, his ace* about provisions is in his 

muster roll. 



424 PEOVINCE OF NEW-HAMPSHIRE. [1710. 

81. Samuel Thompson, for riding express to Xew- 

bmy, allow'd, 0:8:0 

82. John B\y, for expresses, &c., as per his ace*, al- 

low'd, 1: 10: 

83. Skipper Lunt, his ace*, Mr. Penhallow will pay, 

it being" in his ace**. 

84. Alexander Miller, for Expresses, pastuiing, &c., 

allow'd, 7: 0: 

85. Capt. Langdon, allowed for rackets, &c., 2'^ : 10% 

he bringing an ace" from whom the Kacketts 

were impressed, . . . . . . 2 : 10 : 

86. Thomas Phipps, Esq., Sheriff, allow'd for ex- 

presses, «fec., as per ace", 6: 0: 

87. Col. Hilton, as per his ace* for service, &c., al- 

low'd, 84: 5: 3 

88. Edward Kate, for expresses, as per ace*, allow'd, 1: 16 

89. Capt. Oilman's muster roll, allow'd, . . . 15: 11: 3 

90. Capt. Jn° Oilman's muster roll in marching to 

Amoskeag, . . . . . . . 35: 1: 8 

91. Widow Bickford's ace*, about ferridge, allow'd, 

as per ace*, . . . . . . . 1:6:0 

92. Capt. Robert Cojfin's muster roll, about Troopers, 

referred to the Assembly, not allowed. 

93. Israel March's ace*, about medicines, not allow'd. 

94. Capt. Eobert Coffin's muster roll, about Troopers, 

referred to the General Assembly, not allow'd. 

95. Capt. John Oilman's muster roll, to Pigwackett, 

allow'd, 92: 7: 6 

96. Capt. Cass, his muster roll to Pigwackett, allow'd, 71 : 13 : 3 

97. Capt. James Davis, his muster roll, allow'd in 

Council, 6: 3: 

98. Capt. James Davis, his list about scouting, refer- 

red to the Assembly, not allow'd. 

99. L* Joseph Swett's Muster roll in marching to Saco, 

allow'd, 13: 9: 

100. Capt. Geo. Vaughan's acc**% referred to the As- 

sembly. 

102. Walter Abbett, James Abbett and Nath^ Odiorne, 

as per ace*, for their service, allow'd 18» each, 2 : 14 : 

103. [p. 320.] Sam' Shackford, for impressing, &g., al- 

low'd by the Representatives, . . . . 2; 1: 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 425 

104. Capt. Phipps' ace*, about snow shoes, allow'd to 

the several persons, 2« a pr. for mogashccns, 

and 8^ a pr. for shooes, 9:0:0 

105. Capt. Robert CoflEin's muster roll, in the year 

1708, for scouting, am° to 89: 13: U, is allow'd 

in full thereof, 30: 0: 

106. Theophilus Smith, his muster roll for 1708, refer- 

red to the Assembly, not allow'd. 

107. Cornelius Conner, allow'd for hides and moga- 

sheens, as per ace*, 3:8:0 

108. Ephraim Marston, allow'd for riding post to 

Boston, 1: 10: 

109. Capt. Hunkin, Mr. Treasurer and Mr. Marston, 

allow'd for their time, expenses, &c., in going 
to the Congress to attend upon his Excellency 
for the service of the Province, as per ace*, . 32 : 10 : 

110. Mr. Treasurer Penhallow's ace*, relating to the 

transports and expedition, &c., am^ to 2607^^: 
4' : 7*^, there is allow'd to be due to him to bal- 
ance as per said ace*, . • . . . 579 : : 1 

112. Capt. Nath^ Hill, for going to Boston, &c., al- 

low'd, as per ace*, 3 : 10 : 

113. Will"^ Cotton, for liides imprest, «&c., allow'd, . 3: 0: 

114. Capt. John Knight, allow'd for ferridge, as per 

ace*, 1:2:0 

115. Joshua Brackett, for going exjjress, &e., as per 

order, allow'd, 0:8:0 

116. Mr. Treasurer Penhallow, as per his ace* about 

the bills of credit, &e., allow'd, . . . 45: 6: 

117. Mr. Treasurer Penhallow, as per his ace* of ex- 

]3enses, &c., for the comittees going to Boston, 

for their time, &c., allow'd 44: 11: 9 

118. Jotham Odiorne, for loine boards, allow'd, as per 

ace*, 1: 9: 3 

119. Joseph Bailey, for ferridge, as per ace*, allow'd, 0: 15: 

120. James Rendal and Benj. Sevey, for work at the 

fort, allow'd, . 1: 4: 

121. Edward West, for going express to Newbury, 

allow'd, 0: 6: 

122. Colonel Walton, for mony paid the carpenters 

and smith for work done to the carriages of 

guns, &c., allow'd, 2: 15: 



426 PROVINCE OF NEW-HAMPSHIRE. [1710. 

123. Mr. Attkinson's muster roll for soldjers, Anno 

Domini 1709, alio w'd, 91:11: 2 

124. Capt. Samuel Winckley's acc*^ about his trans- 

ports, allow'd, 9 : 14 : 

125. Colonel Hilton, as per his ace* of service done 

her Majesty in the year 1706, allows . . 17: 0: 

126. To Mr. Secretary Story's ace" for his salary and 

service for the year 1709, allow'd liim, . . 42 : 1 : 4 

127. Lieut. Thomas Tii^petts, for snow shoes, allow'd, 0:10: 

128. [p. 321.] John Partridge, his ace* about ferridge, 

allow'd, 0: 15: 

129. Major W^ Vaughan, allow'd upon his ace* as 

Agent two hundred pounds, to be paid out of 
the Treasury, besides two hundred pounds, with 
interest, which was formerly paid to Colonel 
Partridge for the Agent's uses, and is in full of 
all his accounts of Agency, to this day ; And 
further, that the thirty pounds paid Colonel 
Partridge for his, the said Vaughan's, part in 
going to New York to the Earle of Bellomont, 
be repaid by the said Partridge to the said 
Vaughan, 200: 0: 

130. Mr. Treasurer's Ace* for several disbursements, 

about the two Comittees and other things, al- 
low'd, 77: 8: 11 

131. Cax3t. James Davis his muster roll signed by 

his Excellency the Governor, allowed . . 15 : 3 : 6 

132. Capt. Richard Gerrish's ace* referred to the As- 

sembly allow'd by the Assembly, . . . 10 : : 
Robert Elliot, 
Samuel Penhallow, 
John Plaisted, 
Mark Hunking, 
Joseph Smith, 
12*»^May, 1710. Theodore Attkinson. 

Charles Story, Secretary. 

The aforesaid report of the committee was sent down to 
the House of Representatives with the following vote an- 
nexed : 



9: 


0: 





6: 


12: 





0: 


12: 





0: 


13: 





2: 


8: 


9 


6: 


0: 





6: 


0: 






1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 427 

May 12"\ ITIO. 

In Council. 
The account above and the return of the Comittcc is ac- 
cepted and the Representatives are desired to proceed upon 
the articles referred back to the Assembly ])y the Comittee. 
Past in Council, nemine contradicente. 

Cha. Story, Secretary. 

Allowed per the Assembly. 

133. Capt. James Davis, as per ace* for snow-shoes, 

&c.* 

134. Capt. John Gilman, as per ditto 

135. Robert Knight, as per noat 

136. Ephraim Marston, as per ditto . 

137. Capt. Theophihis Dudley . 

138. Capt. Davison allow'd for medicines, &c. 
And for Smart mony .... 

16"' May, 1710. The House of Representatives having 
perused the proceeding acc^^ and settled to those articles 
referred to them, with the addition of some other claims, 
as is expressed, allow'd thereof by order. 

Sam' Keais, clerk. 

Adj^ till to-morrow morning, 10 of the clock. 

*[Paper on Eile.] 
Snoio-Shoes. 

A claim of the several persons under named for their snow-shoes and mogasans 
which were imprest for her Maj'tys service by Capt. James Davis, by order of Collo. 
Hilton. ■ 

Serg. Jonathan Woodman, Abraham Bennet? 

John Ambler, James Diirgin, 

Joseph Smith, Mr. Thomas Egerly, 

Left. John Smith, Thomas Drew, 

Jaremiah Burnam, Philip Chesle, 

En. Francis Mathes, Capt. James Davis, 

En. Stephen Jones, Samuel Waymouth, 

William Jacson, John Cromet, 

Lt. Samuel Edgerly, John Williams. 

Tweve pare of snow-shose and mogasans was Improved under Coll. Hilton to the 
asteward to Picwacket and Marigwock, and non of them Returned. The Reast of 
them Improved in the winter scout above the heds of the province under Capt. James 
Davis. 

Indorsed—" Capt. Davis, acctt. 

of snow-shoes. Allowed nine pounds, pr the 

December 6, 1709." Committee & Assembly. 



428 PROVINCE OF NEW-HAMPSHIRE. [1710. 

[p. 322.] Province of New Hampshire . 

At a Council and General Assembly held 
at Portsmouth, on Saturday, the 13^^ day 
of May, 1710, by adj*, ante merediem. 

Present, 
His Excellency, &c., 

Major W"^ Yaughan, ) John Gerrish, ) 

Robert Elliot, > Esqs. Sam^ Penhallow, > Esqs. 

Nath^ Weare, ) John Plaisted, ) 

The petition of her Majesty's subjects of the south part 
of Hampton, commonly called Hampton Falls, was read 
at this Board, and is as followeth, viz : 

To his Excellency, Joseph Dudley, Esq., Govern'^ aud Com- 
mander-in-Chiefe, in and over her Majesty's Province of the 
Massachusetts Bay and New Hampshire, and the Hon*^^® the 
members of the Council and Representatives convened together 
In General Assembly, now sitting. 

The Humble address and petition of her Majesty's Loyal and 
dutiful subjects belonging to the south part of Hampton in the 
said Province of New Hampsliire, commonly called Hampton 
Falls, most humbly sheweth, — 

That your petitioners having formerly laid before y'" Excellency 
and Council the great want of having one settled among us on 
our side of the Town in the work of the ministry, and now by 
God's good Providence have obtained the Reverend Mr. Theophi- 
lus Cotton among us in that work, and God by liis awful stroke 
of Pro^-idence having removed, by death, the worthy and Rev- 
erend Mr. John Cotton* to our great lamentation, we do there- 
fore pray, That we may be set off from the town from being at 
any charge as to procuring and maintaining a minister there ; and 
that we may have power given us to make a tax or Rate, from 
time to time, as shall be for the support of our minister with us, 
and that each part of the Town maintain their own minister; 
That as we have been at equal charge according to our estates as 
[p. 323.] to purchasing and holding the parsonage at the Town, 
that now we may have some land appointed and laid out for a 
parsonage, as convenient as it may be had for the Falls side, ac- 
cording to the worth of our part of the town ; That the Bounds 

* Eev. Johu Cotton died March 27, ITIO, aged 57 years.— N. H. Reg. 



1710.] 



JOURNAL OF COUNCIL AND ASSEMBLY. 



429 



may be settled between each part of tlie town, Tailor l^iver bolnfr 
so crooked that it parts the inhabitants belon«iin<;- to our Hiee(in«f- 
House, we pray that the Kiver may be the bounds up to the place 
called Garland's Mill, and from thence to a Bound tree betwixt 
Exeter and Hampton, at a place called Ass Brook, or that a com- 
mittee of indiflerent men may be appointed to come upon the 
place, and they to settle the Bounds, as in your wisdom shall be 
directed, and as in duty bound we shall ever pray. 



John Brown, 
Joseph Tilton, 
Eobert Reed, 
Edward Wilkins, 
Israel Black, 
John SAvayn, 
Caleb Swayn, 
Peter Weare, 
Joseph Sweet, Jr., 
John Drown, 
John Gove, 
John Cass, 
Benj. Perkins, 
Ebenez"" Gove, 
Thomas Cram, 
John Cram, 
■yyin Brown, 
Joseph Cass, 
Ephraim Hoit, 
David Tilton, 
Jacob Stanyan, 
Sami Melcher, 
Zacharah Clifford, 
John Sanbun, 
Jonathan Prescott, 
John Eaton, 
Nath^ Prescott, 
John Cram, 
W™ Sanbun, 
Benj. Cram, 
Natli^ Weare, 
Joseph Swett, 



Joseph Emons, 
Timothy Hut chins, 
Benj. Hillyard, 
Israel Clifford, Jr., 
Jacob Clifford, 
John Morg-inn, 
Nath^ Weare, Jr., 
Samuel Shaw, 
Caleb Shaw, 
Dani Tilton, 
Tho. Philbrook, 
Sam^ Healy, 
Nath^ Bacheler, 
James Prescot, sen., 
Isaac Green, 
Benj. Fitield, 
Enoch Sanburn, 
Benj. Bacheler, 
Moses Blake, 
Joseph Sanburn, 
Philemon Blake, 
Jonathan Fifield, 
W^ Shipperd, 
John French, 
Caleb Perkins, 
Timothy Blake, 
Jethro Tilton, 
Bonos Norton, 
Jonathan Filbrook, 
Nathan Green, 
Nehemiah Heath. 



430 PROVINCE OF NEW-HAMPSHIRE. [1710. 

Ordered that a copy of this petition be sent to the select 
men of Hampton, to attend his Excellency, Council and 
Representatives, on Monday next, in the afternoon, that 
there may be a full hearing betwixt all parties relating to 
the contents within mentioned. 

Cha. Story, Secretary. 

13th May, 1710. 

Sent down to the House of Representatives for concur- 
rence. Consented to by the House of Representatives. 
Theodore Attkinson, per order of the House. 
Adj. till Monday 10 of the clock, Ante Meridiem. 



[p. 824.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, by adjournment, 
on Monday, the fifteenth day of May, 
1710. 

Present, 
His Excellency the Grovernour, 
Major Wm.Yaughan, ) 

Robert Elliot, > Esqrs. Samuel Penhallow, ) -p 

Nathl. Weare, ) John Plaisted, \ ^^^^^^* 

The following vote was sent to the House of Representa- 
tives relating to the Bills of credit, in hsec verba sequen : 

In Council, 15th May, 1710. 

Voted, that the present Bills of credit, issued by the 
Goverment of the Province, be received by her Majesty's 
Treasurer and all subordinate officers, in the payment of 
public taxes, with the advance and addition of five per cent, 
which five per cent interest is to be accordingly allowed to 
the Treasurer in his account of her Majesty's Revenue, 
from time to time. 

Past in Council. 

Cha. Story, Secretary. 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 431 

Which vote was sent up by the House of Representatives 
again, with the following vote annexed, viz : 

Voted a concurrence by order of the House of Repre 
sentatives, and that an Act be past accordingly. 

Theodore Attkinson, Clerk 
pro tempore. 
Wm. Brown's petition about his being Constable of 
Hampton, and not being able to collect his rates, &c., was 
sent down to the House of Representatives. 
Adj'^ till three of the clock, post meredicm. 

Met accordingly, present Ut Supra. 
Adj*^ till Thursday, ten of the clock, ante meridiem. 



[p. 325.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, by adj*, on Thurs- 
day, the 16th of May, 1710, ante 
merediem, 10 of the clock. 
Present, 
His Excellency the Govern'', 
Major Wm. Vaughan, 
Nath^ Weare, ) -r^ Sam^ Penhallow, ) -n 



John Gerrish, ) ^ * Jn^ Plaisted, 

Ordered, that the late Comittee for auditing acc*^ be con- 
tinued till • next General Assembly, and they are the per- 
sons appointed to audit the Treasurer's public acc*^ and 
report the same at the next General Assembly for con- 
currence. 

Colonel Thomas Packer, his Ace*, am^ to 43 : 13 : 1, as 
upon file, being read at this Board, was referred to the late 
standing Comittee for auditing acc^^ 

Colonel Shadrach Walton, his acc*^ relating to her Majes 
ty's fort W°^ and Mary, for service for himself and soldjers 
there, from March, 1T09, to March, 1710, am" to 136 : 2 : 



432 PROVINCE OF NEW-HAMPSHIRE. [1710. 

10 J, was referred to the late standing Comittee for au- 
diting acc^^ 

Pursuant to a vote of the Assembly, May the 12, 1709, 
Major Shadrach Walton had fifteen pounds allowed him. 

Sam^ Keais, Clerk. 

16th May, 1710. Read in Council and ordered to be 
paid out of the Treasury, nemine contradicente. 

Cha. Story, Secretary. 

The following vote was sent from the House of Repre- 
sentatives to this Board in haec verba sequen : 

Voted, that the two thousand pounds of Bills remaining 
in the comittees hands be delivered to the Treasurer to be 
issued for the payment of the Province Debts. 

In the House of Representatives. 

Sam^ Keais, Clerk. 
May 16th, 1710. 
■ Consented to by the Council. 

Cha. Story, Secretary. 

Prorogued to the 19th June, 1710. 

[p. 326.] In the affair of Hampton before the Council 
by petition. 

Ordered, that the whole Town pay forthwith the arrears 
and funeral charges of their late minister ; 

That there be a Comittee appointed to report the Division 
of the paroches for the several meetings, and to consider 
how to settle lands for another parsonage ; and a further 
hearing of the whole town be referred to the next General 
Assembly ; and that the new parish in the mean time pro- 
ceed in the maintenance of their minister, according to 
former order of this Board, saving that no person dwelling 
on the North side of Tailor's River shall be taxed for any 
land lying in the New Parish, until a further hearing be 
had thereupon ; which is referred to the next session of the 
Assembly. 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 433 

111 pursuance of the above order the Comittee appointed 
are : * 

Major Yaughan, Samuel Penhallow, 
John Plaisted, Theodore Attkinson, 

or any three of them, to make report at the next General 
Assembly. 

The followmg vote was sent up to this Board : 
Province of New Hampshire. 

Voted, that whereas John Partridge, presenting a petition 
to the House of Representatives requesting their considera- 
tion about a former petition laid before them, as coming 
from his Excellency Joseph Dudley, our Govern'', and Coun- 
cil, to the former Assembly, in the year 1702-3, relating to 
his disbursements formerly on soldjers belonging to the 
Massachusetts and Province of New Hampshire, having 
acc*^ that the Massachusetts have ordered and allowed fifty 
pounds to be paid as part of what is due to the said Par- 
tridge, leaving forty-eight pounds, eighteen shillings, ac- 
counting it due from the said Province of New Hampshire, 
[p. 327.] having made inquiry thereof, do find ten pounds due 
to the said Partridge, behaving received thirty-eight pounds, 
eighteen shillings, paid by this Province, doe therefore pray 
his Excellency and Council, that the Treasurer may have 
order to pay the said Partridge the aforesaid ten pounds, 
which makes up the said sum of forty-eight pounds, eighteen 
shillings. 

Past in this House, May 24th, 1704. 

Mark Hunkin, Cleik. 

16^ May, 1710. 

Read in Council, allowed ten pounds. 

Clia. Story, Secretary. 
Prorogued to the 19«^ June, 1710. 
28 



434 PROVINCE OF NEW-HAMPSHIRE. [1710. 

Province of New Hampshire. 

At a Council and Genefal Assembly 
held at Portsmouth, on Monday, the 
19^^ of June, 1710. 
Present, 
W Yaughan, ^ 

Robert Elliot, > Esqrs., John Plaisted, ) -^ 
Sam^ Penhallow, ) Mark Hunking, ) ^^ 

Pursuant to a precept directed from this Board to the 
High Sheriff, for calling a Town meeting by the select men 
of Portsmouth, for electing or deputing a Representative 
to sit in General Assembly in the Room of Mark Hunkin, 
Esq., Mr. George Jaffrey was this day elected and chosen 
a Representative m loco Mark Hunkin, Esq., and took the 
oaths by Law established in the House of Representatives, 
instead of the oaths of allegiance and Supremacy, and re- 
peated and subscribed the declaration before Samuel Pen- 
hallow and Jn"" Plaisted, Esq., two of the members of her 
Majesty's Council, the Secretary administering the same. 

Mr. Secretary was ordered to go to the House of Repre- 
• sentatives and desire the House to proceed to the choosing 
of a Speaker, and to Report the same to this Board, &c. 

[p. 328.] The following vote was sent up from the 
House of Representatives : 

June the 19«^ ITIO. 
Voted, by the House of Representatives, that Capt. Rich- 
ard Gerrish is chosen Speaker. 

Sam^ Keais, Clerk. 
His Excellency's letter of the 12'^ current was read at 
this Board, in Iijbc verba sequen : 

Boston, 12*1^ June, 1710. 
Gentlemen : — 

You are liereby directed upon the swearing of Mr. Waldron 
and Mr. Hunkin into the Council, upon the receipt of this, to pro- 
rogue the Assembly to Wednesday, 28*^ Instant, and so from 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 435 

Wednesday to Wednesday weekly, until farther order from my 
self; that I may be ready for her Majesty's service, which are to 
be expected every day. 

And let warrants be given out in due form for the choice of a 
new member in Portsmouth, and that the Commons at their next 
meeting, receive the new member, and let him be sworne in due 
form, and let the House proceed to the choice of a Speaker, and 
let him be reported to me, that I may send my acceptance of him 
into that place, and the House thereupon ready for business in her 
Majesty's service. 

I am, Gentlemen, your very humble servant, 

J. Dudley. 

Prorogued till Thursday, 29^^ curr*, ante merediem. 
Met accordingly, and prorogued till Thursday, the 3* of 
August next, 10 oclock, ante merediem. 



[p. 329.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, by prorogation, 
on Thursday, the 3^ of August, 1710. 
Present, 
Peter Coffin, "^ 

Nath^ Weare, 1 -p Samuel Penhallow, ) 

W^ Yaughan, ^-^^s^^s-? John Plaisted, [ Esqrs. 

Robert Elliot, J Mark Hunkin, ) 

The proclamation for an Imbargoe was read at this 
Board and ordered to be sent to the several officers, &c. 

His Excellency's letter of the 31'* July, 1710, was read 
at this Board and sent down to the House of Representa- 
tives, in hsec verba sequen : — 

Boston, 31«* July, 1710. 
It is impossible for me at this time to see you in the Assembly, 
the whole affair of raising men, victuals, clothes and transports, 
for this great Province, lying upon me ; which has been the occa- 
sion for my sending for Mr. Treasurer and Mr. Secretary, of New 
Hampshire, to apprize them of her Majesty's comands for the ex- 
pedition to Port Royal, and that you may know every thing that 
concerns you in the Council and Assembly, they bring with them. 



436 PROVINCE OF NEW-HAMPSHIRE. [1710. 

Copy of Col. Mcholson's Commission and Instructions. relating 
proceedings of the Assembly of the Massachusetts thereupon: 

Proclamation for encouragement soldjers volunteers, by which 
you will perceive there was no room to lessen your quota, but 
that you must proceed forthwith to raise your' transports and pro- 
visions for three months, besides what shall be necessary before 
their Embarcation. 

I must desire you to use no delay, but imediately and cheerfully 
consent in yo'^ votes with this Goverment, [p. 330.] agreeable to 
all your prayers and humble addresses to her Majesty for this 
expedition, and in which you mil, I hope, first ahd imediately 
obtain the benefit. 

I am sensible of every article of distress you are in, but there is 
no help at this time ; I shall do you all the favours in my power ; 
I have sent out for thirty or forty Indians more than the comple- 
ment of this Province, which I shall put in the stead of your 
English men, so far as they will go, upon a very easy hire, of 
which I have written to Major Smith and Colonel Walton, who 
may shew their letters, and in the absence of your men, if the 
troubles press upon you, I shall do my duty from hence to cover 
and support you. I have ordered the ninth of August for the ap- 
pearance of 900 Massachusetts men at Dorchester and Cambridge, 
and I desire that your men may j)arade at the fort in New Castle, 
that da3^at furthest, from whence I will take order for their com- 
ing liither. 

Gentlemen, — This is a very great affliir before you, and the 
cheerful and speedy concurrence in every thing relating to the ex- 
pedition will bespeake for yo'^ Province her Majesty's favour in 
other articles referring to you. 

The business of clothing is the only thing that will admit of 
your consideration, but that also must be soon ended; when you 
remember that all the other Goverments shall appear in regimen- 
tal clothing, Hampshire will be out of countenance not to do the 
same, as well as the soldjers in your pay discouraged; and partic- 
ularly if the Indians, that I hope to get for you, be not like their 
fellows, I shall by no means retain them in the service. 

[p. 331.] I desire to let a few hours serve yo'' consideration in 
this matter, and let Major Smith and my officers proceed forth- 
with, and let your letters and his be exi)rest to me every three 
days. 

The eyes of all Great Britain arc upon us to see our obedience 
at this time; to make ourselves and our children easy and happy. 
I am, Gentlemen, Your humble servant, 

J. Dudley. 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 437 

The copy of General Nicholson's Commission and \m-t of 
his instructions relating to the reducing Port Royal, \vas 
read at this Board, as upon file. 

The proceedings of the Council Warr relating to tlie 
reducing Port Royal, was also read at this Board, and 
sent down to the House of Representatives, and now upon 
file. * 

A proclamation relating to the encouragement of vohm 
teers upon the expedition to Port Royal, &c., was read at 
this Board and sent down to the House of Representatives. 

Adj*^* till to-morrow morning, 10 of the clock, ante me- 
rediem. 



[p. 332.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj*, on Friday^ 
the fourth day of August, ITIO. 
Present, 
Peter Coffin, ^ 

Nath^ Wear, I -^ Samuel P«nhallow, ) 

W Vaughan, r^^^^^' John Plaisted, [ Esqrs. 

Robert Ellott,J Mark Hunkin, ) 

The following vote was sent up from the House of Rep- 
resentatives and read at this Board : 

Prov. New Hampshire. 

Voted, That out of the hundred men to be raised in this 
Province on the intended expedition against Port Royal, 
&c.,the Governourbe desired to let the commission officers be 
inhabitants of the same Goverment ; that for encouragement 
of volunteers, every one that will enlist shall have a coat of 
thirty shillings, and one month's pay before he embark, and 
be freed from any impress for three years after his return ; 
excepting scouting near the garrison to which he belongs, 
watching, warding, &c. ; That if this encouragement do not 
prevail for the bringing in volunteers the men impres* by 



438 PROVINCE OF NEW-HAMPSHIRE. [1710. 

the several officers shall be obliged to go in person or hire 
a soldjer to the acceptance of such officer, notwithstanding 
the former Act that excused any person impressed for the 
paying of four pounds. 

Past by the House of Kepresentatives. 

Sam^ Keais, Clerk. 
Read in Council, 4*^ August, 1710', and consented to. 

Cha. Story, Secretary. 

Consented to. 

J. Dudley. 
Eodem die. 

Voted in Council that Proclamations be^ 
sent to each town in this Province, pur- 
suant to the above said vote ; and that V 
his Excellency be desired to issue forth 
proclamations accordingly. J 

Cha. Story, Secretary. 
Consented to. J. Dudley. 

4*^ August, 1710. 
Read in the House of Representa- 
tives and conseni;ed to. 

Sam^ Keais, Clerk. 
Richard Waldron, Esq., was sworn one of the members 
of her Majesty's Council, and took the oaths appointed by 
Law, &c. 

[p. 333.] The following proclamation was consented to 
by both Houses, and ordered that Mr. Secretary send them 
to each minister of the several Towns, in Order to be pub- 
lickly read at their meetings, next Sabbath day : 
By his Excellency Joseph Dudley, Esq., Goveniour and Com- 
mander in Chief of her Majesty's Province of New Hampshire, 
in New England, 

A Proclamation for a General ThanTcsgiving . 
The Z7»constant miwearied course of Divine Bounty and good- 
ness Avhcrewith we are encompassed in the midst of our Great un- 
worthiness, the distresses we labour under by the sore calamities 
of War, as the just demeritts of our sins, notwithstanding, de- 
maud our highest acknowledgments of gratitude to Almighty God ; 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 439 

it being oiir'cominaiidea duty in every tiling to give thanks, where- 
to we arc also invited by many special causes, particularly for the 
continuing of the life of our Sovereign Lady the Queen, the pre- 
servation of her Majesty's sacred person, and su])eradded glorious 
victories to her Majesty's Arms, with those of her allies in Europe 
this present summer; The happy arrival of her :N[ajesty's forces 
from Great Britain for our relief from the insult of enemies ; The 
signal mercy of God vouchsafed in answer for prayers for raine, 
under the late extreme scorching drought, by granting repeated 
plentiful showers, and wonderfully reviving the languishing fruits 
of the earth, so that there is the prospect of a plentiful Harvest ; 
The preventing of the spreading mortal contagious sickness that 
was among us, and granting of general health : 

I have therefore thought fit, by and with the consent of her Maj- 
esty's Council, and at the instance of the Eepresentatives in their 
present session, to appoint and order [p. 334:.] Thursday the tenth 
day of August current, a day for a General publick Thanksgiving 
throughout this Province, forbidding all servile labour thereon, 
and exhorting both ministers and people in their respective As- 
semblies, with a becoming devotion, to celebrate the praises of our 
most Gracious God, for the before enumerated and other his 
numberless mercies and favours ; that glorifjdng him for them we 
may see more of his salvation. 

Given at tliis Council Chamber at Portsmouth, the fourth day of 
August, in the ninth year of the reign of our sovereign Lady 
Anne, by the Grace of God, of Great Britain, France and Ireland, 
Queen, Defender of the faith, &c. 

J. Dudley. 
By order of his Excellency the Gov- ^ 

ernour with the advice of the Conn- > 

cil and Assembly. j 

Cha. Story, Secretary. 
God Save the Queen. 

Adj*^ till to-morrow morning, 10 of the clock, ante 
merediem. 

Met accordingly, and adj'^ to Thursday, the 8'^' current, 
10 of the clock, ante merediem. 



440 PROVINCE OP NEW-HAMPSHIRE. [1710. 

[p. 835.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adjournment, 
on Tuesday the eighth day of August, 
1710. 

Present, 
Peter Coffin, J Sam^ Penhallow, ) 

W™ Yaughan, > Esqrs. John Plaisted, > Esqrs. 

John Gerrish, ) Mark Hunkin, ) 

Richard Waldron, Esq. 
, His Excellency's Letters, dated the 1^* and 5^^ of August 
current, was read at this Board and sent down to the House 
of Representatives, in hxc verba sequen ; 

Boston, 1«* Aug., 1710. 
Gentlemen: — 

I desire you, as I have written to the Council and Assembly, to 
dispatch the affairs of the expedition ; if then, the Assembly shall 
see meet to raise 2000^^^ added to the 3000'^^ already impressed, I 
shall agree to an Act for the repetition of 1000^^^ and the Impres- 
sion of one other 1000^^% provided the fund and security for the 
same be 1100^^^ payable in November, 1715 ; and 1100'^^ in the year 
1716 ; See the Act well drawn after the manner of the 31assachu- 
setts Acts. 

And again I require that nothing of this matter be offered until 
the affair of this Expedition be dispatched, and if then the As- 
sembly doubt, it must be left to my next coming. 
I am, Gentlemen, your humble serv*, 

J. Dudley. 

To the Gentlemen of her Majesty's Council, to be communicated. 



Koxbury, August 5"% 1710. 
Gentlemen : — 

I have the votes of the Council and Assembly referring to the 
Expedition ; Tho' they may have abated that of the OflEicers being 
of the Province, because it is in a great measure useless, being al- 
ways my own inclination; [p. 386.] and accordingly, I have now 
written to Colonel Walton, who is the Colonel of the regiment in 
which your men are to serve, to bring with him a Captain and two or 
three other fit persons, to be commissionated under him, for your 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 441 

Companies ; I must attend her Majesty's direction to put one officer 
into each of the companys, wliich sliall be but a Lieutenant and 
Ensign, of whose wages you will be eased by her Majesty's pay- 
ment of their wages ; and you will presently see tlie benefit of 
their being joined with your officers, by their skill in instructing 
the soldjers ; and it may be I may also otherwise dispose of them 
afterwards ; and accordingly I have signed your votes and direct 
yoi|^- proclamation to proceed forthwith in my name Avith the 
clauses in the vote and no other; and that this letter be of record 
with the files referring to the expedition ; and pray you to proceed 
vigorously and give Major Smith and Colonel Walton all possible 
assistance and expedition. I hope I shall ease some of your men 
by some Martha Vineyard Indians upon a Small hire, but you must 
send me your Eound hundred, and I will use my friendship to the 
most necessitous (if I can) with the advice of your own officers. 
I desire you to make no delay. 

And I doe prorogue the Assembly, after these affairs are finished, 
to Wednesday the twenty- third iuifttant, that I may write you once 
more before the forces embark if need be. 

You must give your votes for the Transport, twelve weeks sub- 
sistence on board, and for the clothes, to Mr. Treasurer. 
I am, Gentlemen, your humble servant, 

J. Dudley. 
To the Hon^^^ the Gentlemen of her Majesty's Council and the 

Representatives, in General Assembly, sitting in Portsmouth, 

New Hampshire. 

Adj*^ till to-morrow morning, 10 o'clock, ante merediem. 



[p. 337.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adjourm*, on 
Wednesday the 9*^ of August, 1710. 
Present, 
Peter Coffin, ^ Sam^ Penhallow,^ 

W-Vaughan, U.^,,. John Plaisted, U 

John Gerrish, f^^^l^^' Mark Hunkin, ^^^qrs. 

Robert Elliot, J Pich^ Waldron, j 

Ordered, that Capt. Mark Hunkin, Capt. Richard Gerrish, 
and Capt. John Wentworth, or any two of them, be desired 



442 PROVINCE OP NEW-HAMPSHIRE. [1710. 

to apprize the two transports going upon the Expedition to 
Port Royal, upon their Oaths, and make return thereof into 
the Secretary's Office, with an Inventory of all tackle, ap- 
parel, &c., belonging to each transport, &c: 

The following vote was read at this Boaad, being sentupp 
from the House of Representatives, in h^c verba sequen : 

Yoted, That Mr. Treasurer be desired to advancei»the 
mony for the equipping the Transports, clothing the sold- 
jers, victualling and paying each volunteer a month's pay in 
advance, according to the vote of this House, which we 
promise to take care for the payment of. By order of the 
House of Representatives. 

Portsmouth, 9^^ August, 1710. 

Samuel Keais, Clerk. 

Consented to. • 

J. Dudley. 
9^^ AugS 1710. 

Read in Council and consented to, nemine contradicente. 

Cha. Story, Secretary. 

Prorogued to Wednesday, the 23*^ curr*, 10 o'clock, ante 
merediem. 



[p. 388.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by prorogation, 
on Wednesday the 23"^ of August, 
1710. 

Present, 
The Honourable John Usher, Esq.,. Lieut. Govern'^, &c., 
W™ Vaughan, ) ^ John Plaisted, ) ^ 

Sam^ Penhallow, \ ^^^^^' Mark Hunkin, \ ■*^^^^^- 

Rich^ Waldron, Esq. 
Mr. Secretary Story was sent as a message to the House 
of Representatives to call them to this Board, who accord- 
ingly came ; And 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 443 

The Lieut. Governour made the following speech, in hocc 
verba sequeii : 

Gentlemen, Council and Representatives : — 

For two last years his Excellency having' account of French and 
Indian enemy designing with a body to make an attack on fron- 
tiers, (Her Majesty's service requiring in Massachusetts his pres- 
ence,) desired me to come into the Province to take care of your 
security both by sea and Land ; accordingly did. 

Last year when you set, I recommended raising mony for Expe- 
dition to Canada ; accordingly with all readiness done ; Accounts 
thereof sent to Lords Trade and Plantations which they take notice 
of; at same time recommended care to be taken for receiving claims 
for service of the Govermeut, which I find have been done ; which 
gives great satisfaction, being more than for six years before ; I 
find mony raised for considerable payments as in your list allowed 
by his Excellency, which I ho^^e clears all Province demands. 

Hearing of insults of your enemies on frontiers, never the like 
trouble and danger as now ; Queen being pleased to continue my 
Commission, thought it my duty in this time of extremity to visit 
you for taking care of yo'* frontiers and at all times shall come as 
apprehend her majesty's service requires my presence ; must say 
his [p. 339.] Excell. did take care in giving orders for scouting, 
wanting of provisions same omitted, since come into Province find- 
ing it in sore distress, that loersons could not go two miles from 
their house because of the enemy, I sent out half of Province to 
make discovery of them ; after some returned from scouting to 
Oyster Kiver, these men like to be taken by about twenty Indians ; 
Immediately ordered Capt. Davis to march out to make discovery ; 
Did see about four or five Indians, Judging maybe about twenty, 
Pursued them, but they made escape. Capt. Gilman returned; 
give accounts they found tracts of considerable number of the 
enemy and where lodged, but as for enemies could see none. 

Her Majesty having upon application sent Hon^^^ General Nich- 
olson with forces out of Great Britain, for imediate benefit of 
those parts; for which his Excellency desirous an address of 
thanks may be sent for her [Majesty ; shall order Secretary to pre- 
sent you therewith, and liis Excellency's letter for raising mony, 
dated the 18*^^ Aug. 

Kecomend due care for Treasurer's security in advancing for 
this expedition; he shall lay before you acc*^ thereof, together 
with acc"^ of the Treasury. 

When last year in Province recommended raising mony for my 



4-14 PROVINCE OF NEW-HAMPSHIRE. [1710. 

Bupport of honour Quceirs Commission; pleased then to say 
■would take it into consideration. Her Majesty recommending, 
raisin*^" mony for (»overnour and Lieut. Governour, I now recom- 
mend to your consideration, not doubting due respect to Queen's 
Commission, as well as forwardness in raising mony to value of 
great sums on other ace"* ; to be plain, served four years in time 
Mr. Allen's commission, expenses on Council and guards as well 
as my own, all out of my own estate, and never had to value of 
one drop of water at charge of Province, which stood me in some 
hundreds pounds ; and six years served now, and not i)aid for my 
care, pains and service, purely for good of Province. 

Considering a very busy time for your Harvest in the country, 
and the enemy being on your frontiers, having recomended 
abovesaid to your consideration, doubt not of your dispatch as to 
what laid before you. 

John Usher, L* Govern^ 

Province N. Ilamp., 23* Aug., 1710. 

[p. 340.] The following vote was sent upp to the House 
of Representatives, viz : 

Voted, That George Jaffrey and Theodore Attkinson l)e 
a Comittee from this House, to join those gentlemen of the 
Council appointed to draw an address of Thanks to her 
Majesty for her favours in the forces sent under coniands 
of General Nicholson against Port Royal, and all other her 
favours. 

By order of the House of Representatives. 
23^ AugS 1710. Sam' Keais, clerk. 

23^^ Aug., 1710. Read in Council and consented to, and 
Richard Waldron, Esq. is desired to join with Messrs. 
Jeffrey and Attkinson, to draw up the said address. 

Cha : Story, Secretary. 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 445 

[p. r,41.] Province of New Ifainpsliirc. 

At a Council and General Asscnil;ly lield 
at Portsmouth, hy adj', on TliurKday, the 
24"' of Au^^ust, 1710, ante mercdiem. 
Present, 
The Hon. John Usher, Esq., L* Govern^ 
Major AV" Yaughan, 
Richard Waldron, ) ^ , J-^ani' Penhallow, | -,, 

Mark Hunking, j; ^^^'^^' John Jlaintcd, \ ^^^''^"l^' 
An Address to lier Majesty was read at this lioard and 
sent down to the House of Representatives in haic verba 
sequen : 

To the Quee7i's most Excellent 3fajesty. 
The address of your Majesty's most loyal aud dutiful subjects, the 

Goveniour, Council aud Itepreseutatives of your Majesty's Prov 

iuce of New Ilarnpsliire, convened in General Assembly, 
Most humbly sheweth, — 

That in the midst of Trouble suri'ouuding us from the enemy 
by sea and Land, we received with joyful hearts the advice of 
your Majesty's sending to our relief, from Great Britain, several 
ships of war, marines and warlike stores, &c., under the conduct 
of tlie Honourable Francis Nicholson, Esq., to form an Expedition 
against the French settlements at Port Po3'ai and the r-oast of 
Nova Scotia ; which we take to be so great an instance of your 
Majesty's care and regard for us that we cannot, but with a due 
sense of your Majesty's great favour therein, with all humble gra- 
titude acknowledge the same. And though the circuni.-tance of 
this poor Province (being all frontiers to the enemy by sea and 
Land) be-peaks the assistance of more men than the scattering 
inhabitants thereof, for its defense; yet we freely aud readily sent 
[p. 342.] the quota demanded of us for this present expedition, 
with i)rovisioiis, transports, and all things necessary for tlicm,* 
and shall always exert our utmost endeavors for your Majesty's 
service, as becomes dutiful Loyal subjects. 

It only remains that we continue our daily jn'ayers to God 

* "NicholBon brouglit from England five frigalen, an<l a bomb ketch, Thf-hc, with 
3 fourth rates, 2 fifth rates, the province galley, 14 transiiorts, in the [>ay of Massa- 
chusetts, 2 of New Hampshire, 5 of Connecticut and 3 of Rhode Island, composed the 
fleet, in which embarked a regiment of marines, and 4 regimentB raised in New 
England." Holmes An., vol. I., p. 501, Note. 



446 PROYINCE OF NEW-HAMPSHIRE. [1710. 

Almighty, that by his good Providence your Majesty's arms may 
continue victorious in Europe ; and that in these remote parts of 
your Dominions, particularly in this present expedition, they may 
be under the influence of the same Divine Providence, and attend- 
ed with the like success. 

That the present wars and trouble^ may cease, that your reign 
may be long and prosperous, and the remainder of your days 
lengthened out and attended with the blessing of peace and tran- 
quility, both at home and abroad. 

We are your Majesty's most Loyal and obedient subjects. 

J. Dudley. 

Signed in presence and by order of the Council, 

Cha. Story, Secretary. 

Portsmouth, in New Hampshire, in New England, 24111 Aug* 
1710. 

Signed, in x)resence and by order of the House of Represen- 
tatives. Richard Gerrish, Speaker. 

The petition of John Cross, relating to his maintenance, 
&c., was read at this Board and sent down to the House of 
Eepresentatives, as upon file. 

The following vote was sent up from the House of Eep- 
resentatives, in haec verba sequen : 

3Iap it please yoy^r Honour^ — 

We are sensible of your Honour's great care of us form- 
erly and lately, for which we render thanks, and are sorry 
the wars and other misfortunes hath of late so attended us, 
that at present we are not in a capacity of making any 
other answerable return, proportionable to your Honour's 
good service ; but pray your Honour's acceptance of ten 
pounds to defray your Honour's present travelling expences, 
and [p. 343.] we hope your Honour will still continue 
proper methods for the defense of our frontiers, as may be 
most likely for their security. 

In our last session we took care for the Treasurer's secu- 
rity, and have now voted an address of thankfulness to 
her Majesty for her great favour in sending forces, <fec.. 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 44 7 

under the command of General Nicholson, for the reducing 
Port Royal, and have appointed a Comittee therefor. 

Aug* 24th. Past by the House of Representatives. 

Sam' Keais, Clerk. 

Adj<^ to two of the clock, post merediem. 



Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Thursday, the 
24th day of August, 1710, Post mered- 
iem. 

Present, 
The Lieut. Govern^, 
Major Wm. Yaughan, 

Richard Waldron, ) -i^ Sam' Penhallow, ) -n, 

MarkHunkin, ' | Esqrs. John Plaistod, P^^s. 

As to the vote of the House of Representatives to pre- 
sent the Lieut. Governour with ten pounds to defray his 
present travelling charges, to and from the Province, and 
thanks for his service, The Council concurs therewith : 
but as to the other part of the vote, we are unanimously 
of opinion, its a reflection and indignity cast upon the 
Governour, as if his care of us were defective and himself 
negligent of taking proper methods for the defence of the 
frontiers, — which we cannot but resent. 

[p. 344.] His Honour then proposed to the gentlemen of 
the Council, that he was going to Boston to-morrow, and if 
they had any thing to offer for her Majesty's service and 
good of the Province, he was ready to promote the same. 

Mr. Secretary was sent on a message. to call the House 
of Representatives to this Board, who accordingly came, 
and the Lieut. Governour made the following speech, in 
haec verba sequen : — 



448 PROVINCE OF NEW-HAMPSHIRE. [1710. 

Gentlemen : — 

Yesterday had all chief officers to consult and advise what 
might be proper for your security, according to their desire, given 
directions therein ; the great complaint was >v ant of provisions ; 
due care is taken thereof with the Treasurer for their supply, to 
their satisfaction. 

Am glad my care formerly, and now lately, to yo'" acceptance, 
and assure you in discharge of trust reposed in me, shall continue 
my care, and at all times ready to serve you, and as occasion re- 
quires, visit you. 

I sent an express to his Excellency with account of return of 
Capt. Gilman and Capt. Davis, and to know his pleasure as to 
adjourning or prorougeing the Assembly. This morning had a re- 
turn, that you should be prorogued from AYednesday to Wednes- 
day ; accordingly adjourn you to next Wednesday, and so from 
Wednesday to Wednesday. 

You are adj*^ till his Excellency's further order. 

John Usher, L* Gov'. 

24*^ AugS 1710. 



[p. 845.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, by prorogation, 
the 19^^ October, 1710. 
Present, 
His Excellency Joseph Dudley, Esq., 
W™ Yaughan, ) ^ Ricli'^ Waldron, ) -^ 

Peter Wear, \ ^^^^^- Sam^ Penhallow, \ ^^^^®- 
John Plaisted, Esq. 
His Excellency sent Mr. Secretary Story on a message to 
the House of Representatives, to call them up to this Board, 
who accordingly came, and his Excellency was pleased to 
make the following speech, in haec verba sequen : 

Portsmouth, 19*^ October, 1710. 
New Hampshire. 

Gentlemen : — 

I am glad of your obedience and readiness in her Majesty's ser- 
vice in the expedition to Port Royal; wherein if by the good 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 449 

Providence of Almighty God \vc shall succeed, and 1 h:ive the 
honour to represent it to lier]Maj(;sty, T shall be ready also f<> rep- 
resent the unequal quota demanded of this province in pn)iM»rtioii 
with the other Colonies. 

I have directed Mr. Treasurer to acqutiint you with the present 
state of the Treasury, and the necessity of raising 1000 lbs. in your 
province Bills, for the payment of the forces and their subsistance, 
either by a new impressing that sum in Bills, or repetition (^f so 
many of your bills that may come in upon the year's tax, which 
the Representatives will consider of and determine. 

I am also to acquaint you that by letters from the Right Honor- 
able the Lords Com'"« at the Board of Trade and Plantations, I 
am acquainted that the challenge of [p. 346.] Mr. Allen to the 
lands of this Province is now depending before her Majesty ; and 
if there be any representation or other service to be done in that 
affair, you will consider and move therein as you think proper; 
wherein my advice shall not be wanting when it is desired. 

I have particularly to recommend to you the consideration of 
the Excise, which being well settled and directed, would go a 
great way in our annual charge; which for want of good provis- 
ion in the Law is of very little signification. If it were farmed 
or duly collected, would amount to five times as much as the 
Treasurer can make of it, for want of such provision in Law or 
direction thereabout. Your affairs will not demand a long ses- • 
sion ; and the service of both the Provinces demands my speedy 
return to Boston. I shall therefore desire your dispatcli, and 
there shall be nothing Avanting on my part that you may be well 
defended from the enemy, and cozy and happy in all your atlairs.; 
which I am well assured will be pleasing to her Majesty, as well 
as the benefit and service of the Province. 

Adj'^ till to-morrow morning, ten of the clock. 



[p. 347.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, by adj', on Friday, 
the 20^^ of October, ITlo! 
Present, 
His Excellency Joseph Dudley, Esq., Governour, &c., 
Peter Coffin, ) Rich^ Waldron, J 

W"" Yaughan, V Esqrs. Sam^ Penhallow, > Esqrs. 
Nath^ Wear, ) John Plaisted, ) 

29 



450 PROVINCE OF NEW-HAMPSHIRE. [1710. 

His Excellency sent Mr. Secretary Story on a message to 
tlie House of Representatives, with the Impost Bill, &c. 

The Bill for continuing several Rates and Duties of Ex- 
cise, Customs, Impost and Tunnage of Shipping, was sent 
up to this Board, agreed to by the Council, and ordered to 
be Engrossed. 

The following vote was sent down to the House of Rep- 
resentatives, viz. : 

In Council, 

Voted, that for the better management and advance- 
ment of the Excise of the Province, that the Treasurer for 
the time being, together with the Justices of the Sessions, 
shall from time to time, when they grant licenses to any of 
the inhabitants of the Province, shall set the Excise for 
such persons and houses ; and if the said persons shall re- 
fuse to engage and secure the said excise so set by the Jus- 
tices, the said Justices shall not grant such License peti- 
tioned for, but take care immediately that their signs be 
taken down by the Sheriff, and licenses granted to other 
persons as shall be thought fit for such Lnploy. 

20"' October, 1710. Read in Council and consented to. 

Cha : Story, Secretary. 

[p. 348.] Richard Hilton, his debenture, am° to eight 
pounds, fifteen shillings and ten pence, for victualling of 
soldjers, &c., was read at this Board, considered, and 
allowed to be paid out of the Treasury. 

J. Dudley. 

Cha : Story, Secretary. 

The following memorial was read at this Board, viz.: 
To the Honorable Governour and Council, 

That whereas I was under the service of this Province 
of New Hampshire, in the office of Capt. -Lieut., under the 
command of Colonel Shadrach Walton, and was allowed 
but three pounds per month ; which I pray your Excel- 
lency and Honourable Council will be pleased to allow me 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 451 

what was allowed to others in otlicr provinces, in siicli a 
post, viz., four pounds ten shillings per month, — and sliuU 
ever pray, &c. 

Nic" Davison. 
23'^ October, 1710. 

Read in Council and ordered the same pay as the ]\Iassa- 
chusetts pays a Capt.-Lieut. under a L^ Colonel. 

Cha: Story, Secretary. 

Ajd*^ till Saturday morning, ten of the clock. 

Met accordingly ; Present antea. 

Adj^ till Monday morning next, ten of the clock. 



[p. 349.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj*, on Mon- 
day the 23 October, 1710. 
Present, 
His Excellency Joseph Dudley, Esq., Gov"", &c., 
W^ Yaughan, ) Ricli*^ Waldron, J 

Nath. Weare, > Esqrs. Sam^ Penhallow, > Esqrs. 

Robert Elliott, ) John Plaisted, ) 

Mark Hunkin, Esq. 
In the affair of the New Parish in Hampton, there ap- 
pearing difficulty in making any division of the Lands or 
inhabitants for the support of the ministers in the two sev- 
eral parishes ; 

And whereas the inhabitants and Auditory of the old 
church have agreed with their present minister to pay him 
annually eighty pounds, half in current money and the other 
half in provisions, &g. ; And to allow him the parsonage in 
the said town of Hampton, long since purchased by certain 
inhabitants there ; and fire wood as in the said vote and 
agreement in the record will appear : 

And whereas the inhabitants adjoining to the new parish 



452 PROYINCE OF NEW-HAMPSHIRE. [1710. 

have considered to raise sixty pounds, and fire wood for 
their minister, and to lay out of the waste and unimproved 
lands in Hampton five acres for a house lot, and twenty-five 
acres for pasture, <fec., for the parsonage there : 

Voted, that it be recommended to the select men of 
Hampton to lay out the said two parcels of land indiffer- 
ently, as well for the service as may be ; 

And that the Town of Hampton lay a tax annually for 
the said two sums, Am° to 140^^% in species as above, and 
pay the incumbent of the old Church according to the agree- 
ment made with him ; and the remainder to the incumbent 
of the New Church, from time to time. 

23^^ October, 1710. 

Consented to. 

J. Dudley. 

Read in Council and agreed to, Nemine contradicente, 
and sent down to the House of Representatives for concur- 
rence. 

Cha. Story, Secretary. 

October 2^^, 1710. Read in the House of Representa- 
tives and agreed with the Hon^^^ Council herein. 

Sam^ Keais, Clerk. 

[p. 350.] The following address was read at this Board 
and sent down to the House of Representatives, who agreed 
that the same be fairly ingrossed and sent to her Majesty, 
viz : 

To the Queeii's Most Excellent Majesty. 
The humble Address of the Governour, Council and Representa- 
tives of your Majesty's province of New Hampshire, in New 
England, 
Most humbly sheweth, — 

That 5"0ur most sacred Majesty's most dutiful and loyal subjects 
are deeply sensible of your Majesty's princely regard and favour 
in the support and defense of this province by the late supply of 
cannon and other warlike stores sent hither, as well as in your 
Majesty's most gracious care for us in sending such a force of ships 



1710.] JOURNAL ,0F COUNCIL AND ASSEMBLY. 453 

and marine forces, wlio in conjunclion with llic forces driiwii out 
of these provinces, have, by the Good providence of Alnn'^dity God, 
put your Majesty into possession of the important fort of Port 
Eoyal, the head of Nova Scotia andL'Acadie, who have been tliesc 
seven years the great pest and trouble of all the navigalion and 
trade of your Majesty's Provinces on the coast of America.* 

Your Majesty's most dutiful and loyal subjects do from this suc- 
cess and benefit take encouragement most humbly to address your 
Majesty, that such a number of your Majesty's ships of war and 

* Capture of Port Royal. 
[Penhallow's Indian Wars, Coll. N. H. Hist. Soc, Vol. I., pp. 63-66.] 

Col. Nicholson arrived at Boston, July 1st, 1710, in her Majesty's ship Dragon, at- 
tended by the Falmouth, and a bombship, with several transports, British officers, a 
regiment of marines, provisions, and stores of war; bringing with him her IMajesty's 
royal command to the several Governors of the Massachusetts, New Hampshire, Con- 
necticut and Rhode Island, to be assisting in the said exi)edition ; who very readily 
obeyed and supplied their respective quotas of good effective men, with transports, 
provisions, stores of war, pilots, chaplains, chirurgeons, and all necessaries for the 
service. 

Col. Nicholson was apppointed general and commander in chief, who embarked 
September 18th, from Nantasket, having with him her Majesty's ship the Dragon, 
Commodore Martyn ; the Falmouth, Capt. Kiddle; the Loustift", Capt. Gordon; the 
Feversham, Capt. Pastor; the Province Galley, Capt. Southack; the Star Boom, Capt. 
Rochport. Besides tenders, transports, hospitals, store-ships, and twenty-five lesser 
vessels, with open floats, for carrying boards and necessaries for the cannon. The land 
forces consisted of five regiments of foot, whereof Col. Vetch was Adjutant-General; 
Sir Charles Hobby, Col. Walton, Col. Tailer, Col. Whiting, and Col. Reading, had com- 
missions sent them from the Queen. * * * The fleet arrived in six days. On the 
25th the whole army was landed. The fort fired, on them, but did no damage. On 
Thursday, the 26th, at break of day, the General marched with the army on the south 
side,! the marines in the front, Col. Reading at their head, Col. Whiting's regiment in 
the centre, Sir Charles Hobby in the rear, and Maj. Livingston with a party of Indians 
flanking the body in their march. Towards evening the Fort fired very smartly, and 
so did the French and Indians with their small arms, as they lay behind the fences, 
who killed three of our men. Next day, we mounted some of our guns, and made 
preparations to bring up the flat bottom boats, with the artillery and ammunition. In 
the evening, our bomb ships came up again, and threw thirty-six shells into the fort, 
which put them in an amazing terror. * * * * October 1st, the great guns were 
placed on the batteries ; the mortars were also planted, and twenty-four cohorts at a 
little distance from the outward barrier of the fort. These all i>layed upon the fort 
with good effect. The French, at the same time, firing their great guns and mortars 
upon us. The General sent Col. Tailer and Capt. Abercromby with a summons to 
Monsieur Supercast, the Governor, to deliver up the fort for the Queen of Great Britain, 
as her undoubted right. On October 5th, the Fort was delivered up on terras of capit- 
ulation, which allowed the Governor of the Fort, Monsieur Supercast, with his officers 
and troops, " to march out with drums beating, colours flying, and guns shouldered ; 
each paying their respects to the General as they passed by; then our army entered the 
Fort, hoisted the union flag and drank the Queen's health, firing all the guns round 
the Fort, as likewise did the men of war, and other vessels in the River." 
In honor of Queen Anne, the place was henceforth called Ax>-apolis. 



454 PROVINCE OF NEW-HAMPSHIRB. [1710. 

forces may be sent early the next spring to visit Quebec and Mont 
Koyal [Montreal], with such additional forces from all your Maj- 
esty's Governments on the shore of America as may, by the favor 
of Almighty God, reduce these places to your Majesty's obedience, 
and thereby make the whole North America an addition to your 
Majesty's imperial Crown and dignity, from whence by the indus- 
try of your Majesty's leige people, at p'sent inhabitants, with 
such others as may be planted here, all sorts of Naval Stores may 
with industry and without any hazard or interruption be trans- 
ported home, sufficient not only for your Majesty's service in the 
Kingdoms of Great Britain and [p. 351.] Ireland, but for all 
Europe, to the great increase of trade and navigation, the improve- 
ment of ships and breed of sailors. 

Your Majesty's most loyal and Obedient subjects most humbly 
beseech Almighty God for your Majesty's health, long life, and the 
addition of further glorious victories over the great oppressor of 
the liberties of Europe. 

We are your Majesty's most Loyal and obedient subjects. 

J. Dudley. 

Signed in i^resence and by order of the Council. 

Cha. Story, Secretary. 
Portsmouth, in New Hampshire, in ? 



New England, 23'i October, 1710. 

igned in presence and by order 
the House of Representatives. 



Eich*^ Gerrish, Speaker. 



The following vote was sent from the House of Reprcr 
sentatives to this Board in ha3C verba sequen : 

We rejoice to see your Excellency here at this time, and 
are thankful for your acceptance of our obedience to your 
Excellency's commands in the Expedition against Port 
Koyal. We are satisfied that there wants mony in the 
Treasury and have therefore 

Voted, That two thousand five hundred pounds be im- 
pressed in Bills of Credit on the same fund in proportion 
to the last tliree thousand pounds, and that it be first ap- 
plied for payment of those debts, am^ to about five hundred 
fifty-five pounds, allow'd by the comittee and assembly, and 
that the remainder be applied to the payment of such other 
debts as shall be allow'd by a comittee appointed to ex- 



1710.] JOURNAL OP COUNCIL AND ASSEMBLY. 



[bi) 



amnio tlicrciuto, and to settle the Treasurer's accounts, 
which we pray may be appointed out of botli Houses ; and 
that they making tlicir return, aUowcd l)y the General As- 
sembly, shall be paid and not otherwise attributed. 

[p. 352.] We are thankful to your Excellency for your 
acquainting us with the letters from the Lords Comm' about 
our Lands, and pray your Excellency's continuation of 
friendship to us in that affair. 

We are informed that the Hon^'^'' her Majesty's Council 
made some exceptions to part of our vote last session, as 
thinking they were reflecting upon his Excellency. We 
intended no such thing but acknowledge your Excellency's 
care over us in all respects, and pray the continuation 
thereof, and always intend and shall endeavour to behave 
ourselves as Loyal Subjects to her Majesty and her Gov- 
erment, under your Excellency, which we hope and pray 
will be long and prosperous. 

We think the Law of the Excise is good. It only wants 
to be put in due execution, but considering there might be 
considerable come into the Treasury by a duty on lumber 
exported, 

Yoted, That all the timber that shall be exported to any 
of the Maineland of America shall pay two shill. per ton, 
and that every vessel shall give bond to bring a certificate 
thereof, as in other cases, their bond for encouragement of 
Trade to be frank. That a committee be appointed to 
draw up an Act according to the vote, during one year. 

Past by the House, 23^ October, 1710. 

Sam^ Keais, clerk. 

In Council. 

About the clause in the representatives vote relating to 
a tax upon lumber, boards, <fec., voted unanimously in the 

negative. 

Cha. Story, Secretary. 
23'^ October, 1710. 

Adj'^ to 3 o'cjock, post merediem. 



456 PROVINCE OF NEW-HAMPSHIRE. [1710. 

[p. 353.] Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth, by adj*, on Monday, the 
23*5 October, 1710 ante [post ?] mered- 
iem. 

Present, 
His Excellency Joseph Dudley, Esq., Govern'^, 
W™ Vaughan, ) Eichard Waldron, ^ 

Nath^ Weare, > Esqs. Sam^ Penhallow, > Esqs. 
Eobert Elliott, ) John Plaisted, ) 

Mark Hunkin, Esq. 
Upon application of the friends of Mrs. Ann Hilton, 
widow of the late Colonel Hilton, referring to her said hus- 
band's services. 

Voted, That the Secretary draw out an abstract of the 
several muster rolls, wherein Colonel Hilton commanded 
the forces of the Massachusetts as well as those of this 
Province, and that a certificate thereof be signed in Coun- 
cil, that the widow may obtain the payment of their pro- 
portion as this province has already done. 

And as a testimony of the respect and honour to the 
good service of Colonel Hilton they move the Representa- 
tives that pounds be presented to the widow, and 

that she be acquainted that there is no account of Colonel 
Hilton before the Assembly which is not adjusted and paid. 
Past by the Council and sent down to the House of Rep- 
resentatives. 

Cha : Story, Secretary. 

Whereas there was a vote past for the payment of prov- 
ince debts according to the manner therein set forth, and 
tlie honourable the Council refuseth the whole vote, but 
join in the imprinting the sum therein voted for : We 
think we have done our duty as to the manner of raising 
[p. 354.] mony by each way, but considering our promise 
and obligation to the Treasurer for payment of his acc"^ 
of disbursements, 



1 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 457 

Yotcd, That 1200i''« be raised on all persons and estates 
within one year from this day. 

Past by the House of Representatives. 

23'^ October, 1710. Sam^ Keais, clerk. 

Portsmouth, October the 23'', 1710. 
Gentlemen : — 

The presents meml)ers of her Majesty's Council and the 
present House of Representatives, have in their last sesr 
sions past the debts of this Province to the Treasury for 
the payment of about two thousand pounds. 

Have addressed her Majesty in their session in August, 
with thanks for the Expedition to Port Royal, assuring the 
service of their quota of men and transports. 

Have in this session acknowledged a further debt of 
about 550l'^^ 

Have assured, the treasurer in their last session of the 
payment of his disbursement for the Expedition, which 
amounts to 1250'^ 

Have this day voted to impress 2500"^ in Province bills 
for the discharge of all these engagements, and that the 
Secretary draw the Act, which being presented has no ob- 
jection made to it, but is refused and the jDrovince left 
without possibility to subsist or proceed. 

Mr. Secretary Story was sent on a message to the House 
of Representatives to read the above memorial to them, 
who accordingly did. 

Mr. Secretary Story was sent to call the House of Repre- 
sentatives to this Board, who accordingly came, and his 
Excellency was pleased to prorogue the assembly to Wed- 
nesday, the — of March, 1710-11. 

The foil. Bills having been three several times read and 
past both houses to be enacted, was consented to by his 
Exce^ and by him signed accordingly, viz : 

An Act for continuing several Rates and Duties of Ex- 
cise, Customs, Impost and Tonnage of shipping. 

An Act for the raising twelve hundred pounds. 



458 PROVINCE OF NEW-HAMPSHIRE. [1710. 

[p. 355.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Friday, the 1^^ 
December, Anno Domini 1710. 
Present, 
Major W"^ Yaughan, ) ^ John Plaisted, ) ^ 

Sam^ Penhallow, \ ^^^''* Mark Hunkin, \ ^^^^'^• 

His Excellency's letter of the 27^^' of November, 1710, 
was read at this Board, viz : 

Roxbury, 27"^ November, 1710. 
Gentlemen : — 

I have lately received a letter bearing date November 12*^, 1710, 
signed by Richard Gerrish, Esq., Speaker of the Assembly of New 
Hampshire, and several other members of the House of Repre- 
sentatives, setting forth that at the last session of the Assembly 
there was not sufficient provision made for the payment of the 
Province Debts and intimating that the i^rorogation of the 
Assembly being for so long a time, they pray an intermediate 
speedy session to pass the money Bill iDrojected the last session, 
for the raising two thousand five hundred pounds in Province 
Bills, upon a just fund, and Grant of so much to be paid to her 
majesty's treasury to support the credit of the said Bills. 

The said Bill for the two thousand five hundred pounds having 
been formed and engrossed and read in the House of Representa- 
tives, and read in Council, where I was present, and upon some 
debate laid aside, and another Act brought in for 1200^^^ only, for 
the present supply of the treasury, which as was then and is still 
observed is not sufficient to discharge the Province debts : 

I judge the ofler of the Representatives to be for her Majesty's 
service, and the honour of the Province, as well as their justice 
to discharge the debenters and subsistance of soldjers, and there- 
fore do hereby order [p. 356.] Mr. Secretary Story to issue out 
warrants for the meeting of the Assembly on Friday, the first of 
December next, at Portsmouth, to sit on the said Friday and 
Saturday, and no longer, for the dispatch of that Bill only ; and 
that you do on the said Satui'day evening, dismiss the Assembly 
to the day of the prorogation, which I entered in your books at 
my last being with you, and not to sit any longer or otherwise ; 



1710.] JOURNAL OP COUNCIL AND ASSEMBLY. 459 

It being' my Duty to be present at all debates of tlie General 
Assembly of matters importing- the Govermeiit, which the season 
will not admit of at this time. 

I am, Gentlemen, 

Your very humljle servant, 
J. Dudley. 
To the honorable Peter Coffin, Major Vaughan, and others, the 
Gentlemen of her Majesty's Council for the Province of New 
Hamj)shire. 

Adj'^ till to-morrow morning ten of the clock. 



[p. 357.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Saturday, the 
second day of December, Anno Domi- 
ni 1710, by adj*. 
Present, 
Peter Coffin, \ -^ Sam^ Penhallow. ) p 

W^^^ Vaughan, ] ^^^^^^' John Plaisted, ' j ^^^^'^* 

Mark Hunkin, Esq. 
The following votes were sent up to this Board, in haee 
verba sequen : 

In the House of Representatives. 
Voted, 

That the thanks of this House be given to his Excellency 
the Governour, for the allowance of this extraordinary 
session, so necessary for the discharge of the Province 
Debts. 

By order of the House, 2^ X^^^ 1710. 

Sam^ Keais, Clerk. 
2'^ X''^, 1710, read in Council and concurred with the 
House of Representatives. 

Cha : Story, Secretary. 
In the House of Representatives. 
Voted, 

That the present Bill now signed and sent up herewith. 



460 PROVINCE OF NEW-HAMPSHIRE. [1710. 

containing a grant of two thousand five hundred pounds, 
to be issued in province Bills, be understood to comprehend 
the bill of twelve hundred pounds made the last session, 
dated the 23*^ October last, to enable the Treasurer ; that 
sum being made double in this grant : and therefore the 
Act for the 1200^^^ dated as aforesaid, is hereby taken 
away, the said mony of 1200^''^ being comprehended in this 

double grant. 

By order of the House. 
2^ X'-, 1710. 

Sam^ Keais, Clerk. • 

2d x.^r^ 1710. Concurred with the House of Representa- 
tives. 

Cha : Story, Secretary. 

[p. 358.] In the House of Representatives. 
Voted, 

That the former Comittee for impressing and signing 
Bills take care that two thousand five hundred pounds be 
Impressed, signed and forthwith delivered into the Treas- 
ury, to be issued thence ; first for the payment of five hun- 
dred fifty-five pounds, ten shillings, nine pence, which re- 
mains due of the old arrears, allowed by the Governour, 
Council and Assembly for part of which orders have been 
granted ; for payment of the Governour's salary that is now 
due ; the charge of wages, &c., of her Majesty's fort W™ 
and Mary ; The expedition against Port Royal ; The Treas- 
urer's disbursements for subsisting scouts on the frontiers, 
&c. ; and then the remainder for the payment of all other 
charges that shall be approved of by the standing commit- 
tee, and allowed by the General assembly. 

By order of the House, 2'^ Xbr, 1710. 

Sam^ Keais, Clerk. 

.2^ Dec'', 1710. Read in Council and concurred with the 

Representatives. 

Cha : Story, Secretary. 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 461 

Voted, that Mr. Secretary fortliwitli express tlie T>ill for 
impressing Bills of Credit, signed by the Speaker on the 
behalf of the Kepresentatives, and Mr. Secretary Story on 
behalf of her Majesty's Council, to his Excellency the Gov- 
ernour, for his assent thereto. By order of the House of 
Representatives. 

2d x^r^ 1710. 

Sam' Keais, Clerk. 

oa x^r^ 1710. Read in Council and concurred with the 
House of Representatives. 

Cha : Story, Secretary. 

[p. 359.] Voted in Council, — 

That Robert Elliot, John Plaisted and Mark Hunkin, 
Esqrs., be a Standing Committee from this Board for one 
year, to examine all publick accounts for the years 1709 
and 1710 ; and that the House of Representatives be de" 
sired to appoint three persons out of their House as a Com- 
mittee to join with the Committee of this House, and make 
report to the General Assembly from time to time. 

od xbr, 1710. Past by the Council. 

Cha : Story, Secretary. 

Voted, Major Joseph Smith, Geo. Jafifrey and Theodore 
Attkinson, of the House of Representatives, bo on the 
Committee, by order of the House. 

Sam' Keais, Clerk. 

2^ Decem^ 1710. 



462 PROVINCE OF NEW-HAMPSHIRE. [1711. 

[p. 360.] Province of New Hampshire. 

At a Council and General Assembly- 
held at Portsmouth, by prorogation, 
on Wednesday, the 9*^ May, 1711. 
Present, 
His Excellency Joseph Dudley, Esq., Govern"^, &c.. 
Major W™ Yaughan, \ Sam^ Penhallow, ) 

Robert Elliot, > Esqrs. John Plaisted, > Esqrs. 

Nath^ Wear, ) Mark Hunkin, ) 

Mr. Secretary Story was sent as a message to call the 
House of Representatives to this Board, (1) who accord- 
ingly came, and his Excellency was pleased to make the 
following speech, in hsec verba sequen : 
Gentleme7i : — 

It is the usual season of your meeting for the service and benefit 
of the Pro\dnce, and I shall be glad to consent to anything for her 
Majesty's service and your own defense and advantage. 

I hope the Comittee of both Houses, left the last sessions for 
the adjusting your account and debts, are ready with their returns, 

(1) [From Journal of the House.*] 
On the 9tli of May, met. 

P'sent, 

Mr. Speaker Gerrish, Theo. Dudley, 

S. Keais, N. Hill, 

Geo. Jaffrey, Eze. Wentwortli, 

J. Smith, step. Jones, 

D. Tilton, Ja. Rendell, 

Eph : Marston, Theo. Atkinson, 
Nicholas Gillman. 



*NOTE BY THE EdITOR. 

The first Journal of the House of Bepresentatives now in the ofiice of the Sec- 
retary of State, commences the 9th of May, 1711. It is contained in a bound 
MS. volume, arranged by the late John Farmer, Esq., (by order of the Leg- 
islature, 1827) and labeled, — 

" Province Records. 
, "Journal op the House. 

" 1711-1724." 
This " JouRi^AL " the Editor does not publish in full, but only such por- 
tions as may serve to illustrate the joint proceedings of the Council and 
Assembly, as contained in this volume. 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 463 

soe that all future complaints will be taken away by the payment 
of your Arrears, Debts, Soldjers and Subsistance. 

Wee are sensible that the Indians are divided into smnll i)arties 
and give us trouble everywhere in the frontiers; for i)revention 
of which, I have lately strengthened the Province of ^Maiiu; witii 
a hundred musqueteers more than their usual Garrisons, wliich 
are marching. 

I am informed that several of her Majesty's good subjects of 
this province are willing to march as volunteers, without subsist- 
ance or wages from the province ; if they might have a reward 
by the heads granted them by the Assembly, which I recommend 
to yo"" consideration ; we being all sensible how much more ser- 
vice is to be expected from volunteers at all times, than from men 
impressed and drawn into the service. 

I recommended to yo'^ consideration the building a Town House 
for the province, and an Alms House, and a Bridewell in this 
town for [p. 361.] the service of the province, agreeable to what 
is done in other i)laces ; the benefit of which, for the honour of 
the province, the good goverment of the poor as well as vitious 
j)eople, will soon countervail the charge. 

I have heretofore designed, which I now repeat, y* there may 
be a Comittee of both Houses, to Revise the Laws of this prov- 
ince, and make a fair transcript of them fit to be humbly laid be- 
fore her Majesty for her Royal allowance and confirmation, which 
you may now doe, soe as to have them ready to be transmitted the 
next return of our ships for Great Brittaine. 

I have brought with me Colonel Rednapp, her Majesty's Engi- 
neer, to penise the works at the fort and to report the necessary 
repairs, which I shall lay before you. 

I have directed Mr. Treasurer to lay before you the state of your 



tts 



acc''^ He is now entering upon his tenth year, since I have had 
the honour to command here, and has past liis accounts home to 
her Majesty's Exchequer. I am of opinion the House of Repre- 
sentatives owe him their vote of thanks for his care in the service 
of the province, soe far ending with his ninth year's acc"% and to 
desire his care for the future in supply of subsistance and cloth- 
ing of any soldjers to be necessarily raised for the defense of her 
Majesty's good subjects of this province, as need shall be. 

J. Dudley. 

Adjourned till 3 o'clock, Post Merediem. 



464 PROVINCE OF NEW-HAMPSHIRE. [1711. 

[p. S62.] Province of New Hampshire. 

At a Council and General Assembly held 
by adjom^nment on Wednesday, the 9^^ 
of May, 1711, post merediem. 
Present, 
His Excellency, Joseph Dudley, Esq., Governour, &c.. 
Major W™ Yaughan, ^ Sam^ Penhallow, J 

Robert Elliot, > Esqs. John Plaisted, > Esqs. 

Nath^ Wear, ) Mark Hunkin, ) 

Tlie following vote was brought up to this Board by Mr. 
Ephraim Marston, one of the members of the House of 
Representatives, viz : 

May it please your Excellency : — 

We have perused your Excellency's Speech and shall 
consider the several paragraphs therein and doe our duty 
in answering them. 

By order of the House of Representatives. 
9*^ May, 1711. Sam^ Keais, clerk. 

The Report of the Comittee for auditing the public ac- 
counts of this province was brought to this Board and Mr. 
Secretary was ordered to lay the same before the House of 
Representatives, which accordingly he did. 

Adjourned till to-morrow nine of the clock, ante mere- 
diem. 



[p. 363.] Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth by adj^, on Thursday, the 
10"' day of May, 1711, ante merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, <fec., 
W"' Yaughan, \ Nath^ Wear, \ 

Peter Coffin, > Esqs. Sam^ Penhallow, > Esqs. 

Robert Elliot, ) John Plaisted, ) 

Mark Hunkin, Esq. 
Adj^ to 3 o'clock, post merediem. 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 465 

Province of New Hampshire. 

At a Council and General Assembly held 
at Portsm° by adjournm' on Thursday, 
the 10*h day of May, 1711, post mere- 
diem. 

Present, 
His Excellency Joseph Dudley, Esq., Govern'", ttc, 
Major W™ Yaughan, J Nath' Wear, ) 

Peter Coffin, > Esqs. Sam^ Penhallow, > Esqs. * 

Robert Elliot, ) John Plaisted, ) 

Mark Hunkin, Esq. 
The following vote was sent up to this Board by the 
House of Representatives, viz : 
lO^h May, 1711. 

Ordered, That the parish and precinct in the woods 
called Kingstown, and the parish and precinct upon the 
Isles of Shoals called Starr Island, be served with the or- 
dinary warrants to send one person each to represent them 
in the House of Representatives, and noe more until fur- 
ther order. 

Past by the House. 

Sam^ Keais, clerk. 
Consented to by the Council. 

Cha : Story, Secretary. 

The report of the committee for auditing the publick ac- 
counts of this Province was sent back to this Board from 
the House of Representatives, in hgec verba. 
30 



466 PROVINCE OF NEW-HAMPSHIRE. [1711. 

[p. 364.] Province of New Hampshire. 

At a Committee for auditing the pnblick 
acc^^ of this Province hekl at Ports- 
mouth, on Thursday, the 29*^ of March, 
Anno Domini 1711. 
Present, 

Eobert Elliot, ) Joseph Smith, ) 

John Plaistecl, > Esqs. Theodore Attkinson, > Esqs. 

Mark Hunkin, ) Mr. George JafFray, ) 

Adj*^ till Friday, 13*^ April next. 



Province of New Hampshire. 

At a Committee appointed for auditing 
the publick acc*^ of this Province, held 
at Portsmouth, on Friday, the 13^'' of 
April, 1711. 

Present, 
Robert Elliot, ) Theodore Attkinson, ) 

John Plaisted, > Esqs. Joseph Smith, S Esqs. 

Mark Hunking, ) Mr. George Jaffrey, ) 

Objections against sundry articles in the Treasurer's ac- 
count N« (2) : 

Imprimis, thsCt Capts. Gerrish, Davis and Gilman give 
an account of the expense of provisions sent them for the 
supplying scouts. 

2^^^', That Capt. Davis give an account of sundryes de- 
livered him for a march, and that the Runlett and Bagg 
be returned or to allow out of his pay ten shillings and six 
pence. 

Adj*^ till to-morrow morning, ten of the cjock. 



1711.] JOURNAL OP COUNCIL AND ASSEMBLY. 407 

[p. 365.] Province of New ITampshirc. 

At a Committee appointed to audit the 
publick acconnts of this Province held 
at Portsmouth, hj adj*, on Saturday, 
the 14*^ of April, ITU. 
Present, 
Robert Elliot, "j Theodore Attkinson, ) 

John Plaisted, \ Esqs. Joseph Smith, [ Esqs. 

Mark Hunking, ) Mr. Geo. Jaffrey, ) 

Sundry objections aga'* Mr. Treasurer's account N'' (2) : 
That Colonel Walton give an account of Expense of sun- 
drys delivered him for an Expedition to the Eastward. 

Over charged in freight of powder, tw© pounds ten 
shillings. 

March 30^^, That Capt. Gerrlsh give an account of ex- 
pense of sundryes delivered him for a scout. 

Mr. Treasurer's account N« (1), N*^ (2), N« (3), all the 
articles in the said accounts we allow saving the articles be- 
fore objected against, which accounts amounts in the whole 
allowed of, 1363: 14: 8. 

Adj*^ till Thursday, the 19«^ April, 1711, ten in the fore- 
noon. 

Met accordingly, ut supra, ante merediem. 

No. 1. Mr. Treasurer's account, aui° to 1038: G: 11, 
to balance ; some objections being made against 
some articles as Indorsed on the back side of 
the said acc% allowed 991^^: 2«: 0^ 991: 2: 

2<*. Mr. Treasurer's account, am'' to 111 : 7: 5, for sub- 
sisting of soldjers, &c., allow'd the said sum, 
viz. Ill: 7: 5 

3<^. Mr. Treasurer's ace*, allow'd for several disburse- 
ments, &c., for subsisting of soldjers, &c., and 
abate of Constables, Governor's salary, two 
hundred sixty-one pounds, five shillings, three 
pence, 261: 6: 3 

1363: U: 8 
Adj*^ till 3 o'clock, post merediem. 



468 PROYINCE OF NEW-HAMPSHIRE. [1711. 

[p. 366.] Proyince of New Hampshire. 

At a Committee appointed to audit the 
publick acc*^ of this Province, held at 
Portsm*' by adj*, on Thursday the 
19^^ of April, 1711. 
Present, 
Robert Ellott, ) Theodore Attkinson, ^ 

John Plaisted, > Esqrs. Joseph Smith, > Esqrs. 

Mark Hunking, ) Mr. Geo. Jaffrey, ) 

Brought over, 1363: 14: 8 

4. Theodore Attkinson, Esq., his ace* for his shallopp, 

taking an inquest and sending Expresses, al- 

low'd, 4: 12: 

5. Major Joseph Smith, his account for sending ex- 

presses, &c., throughout the province, allowed 

twelve lbs., six shill., 12: 6: 

6. Major Joseph Smith, Ms account of soldjers sent to 

the Widow Hilton's Garrison, allow'd, eleven 

pounds twelve shillings, 11:12: 

7. Capt. Gilman's muster roll, for five days' scout, al- 

lowed nineteen pounds, seventeen shillings and 

eight pence, 19 : 17 8 

8. Capt. John Wingett, his muster roll of the company 

under his command upon an Expedition to Port 
Royal, allow'd two hundred forty-nine pounds, 
five shillings and nine ]3ence, 249 : 5 : 9 

9. Colonel Shadrach Walton, his muster roll of the 

company under his command upon an Expedi- 
tion to Port Royal, allow'd two hundred and 
ten pounds, fifteen shillings and eight pence, 210:15: 8 

10. Francis Mathews, his muster roll for scouting 9 

days, from the 30*^^ of March to the 8*^^ of April 
last, allow'd thirteen pounds, fifteen shillings 
and nine pence, 13: 15: 9 

11. Major Joseph Smith's muster roll, for two days' 

scouting, having been seen by the committee, 
his acc*% am« to 22^^^ : 19^ : C^, referred to the As- 
sembly, allowed, 22 : 19 : 

12. Col. Packer's Debenter, for expenses by the Coun- 

cil, Committee, &c., allow'd twenty -eight 

pounds, thirteen shillings and six pence, 28 : 13 : 6 



1711.] JOURNAL OP COUNCIL AND ASSEMBLY. 4G9 

13. Capt. WincaPs muster roll, for liimsclf and sail- 

ors, upon an Expedition to Port ]ioyal in the 
Brigantine New Castle, allow'd forty -Ave 
pounds, eight shillings and four pence, 45 : 8 : 4 

14. Capt. Peter Coffin's muster roll, ditto, in the sloop 

Peter, allow'd twenty-nine pounds, seven shil- 
lings and five pence, 29 : 7 : 5 

15. [p. 367.] Theophilus Smith, for scouting 2 days in 

1710, allow'd one pound, sixteen shillings and 

six pence, 1:16: 6 

16. Daniel Lampree, his debenter, for money paid 

Kog"" Swaine for entertaining his son, being 

sick in the service, 0:15: 

Adj^ till Monday next, being 23"^ curr*, ten in 
the forenoon. 

Met accordingly, present as before. 

17. Capt. George Vaughan's debenters, being well 

viewed, allow'd in full of the said acc*% And 
for his Agency to this day, one hundred and 
eighty-two pounds, thirteen shillings, out of 
which sum he is to pay Mr. Kich'* Partridge and 
the solicitor and others, according to the arti- 
cles of his said several acc'% 182 : 13 : 

18. Capt. James Davis, his muster roll for the year 

1710, for forty men in her Majesty's service by 
his Excellency's Order, and for 110 men scout- 
ing, &c., allow'd forty-eight pounds, three shil- 
lings and six pence, 48 : 3 : 6 

19. Capt. Walton's debenter, about the fort, for ser- 

vice for himself and soldjers from the 25"^ March, 
1709, to the 25*^ March, 1710, allow'd one hun- 
dred and fifty-seven pounds, ten sliill., 157; 10: 

20. Capt. Walton's debenter, about the fort, for ser- 

vice for himself and soldjers from the 25*^ 
March 1710, to the25tii March 1711, allow'd one 
hundred and thirty-six pounds, ten shillings, 136: 10: 

21. Colonel Walton's muster Roll, relating to an Ex- 

pedition Eastward, allow'd fifty pounds, eight- 
een shillings, , 50: 18: 

22. Nicholas Oilman's Muster Roll, allow'd, 10: 0: 

23. Capt. Thomas Phipps, his muster Roll, about 

lungstown soldjers, allow'd twenty shillings, 1:0:0 



470 PROVINCE OF NEW-HAMPSHIRE. [1711. 

24. Samuel Penhallow, Esq., his debenter, relating to 

money paid Capt. Wincal and two sailors, and 
the Committee for auditing- accounts, «fcc., forty- 
oue pounds, five shillings, 41: 5: 

25. Capt. Phipps' Muster Roll^ about Hilton's Garri- 

son, allow'd seven pounds, eight shillings and 

six pence, 7 : 8 : 6 

26. [p.368.] Colonel Packer's debenter, Am^ to 46 : 13 : 

9, for house rent and expenses by the Commit- 
tee at his house, allow'd only forty pounds, 
thirteen shillings and nine pence, 40 : 13 : 9 

27. Mrs. Elizabeth Harvey, her debenter, relating to 

entertaining the Governour and Committee, al- 
low'd twelve pounds, 3% 6, [?] li: 0: 

28. Thomas Phipps, Esq., High Sheriff, his debenter, 

relating to his attending upon his Excellency 
and Council, and sending expresses, mending 
the prison, &c., allow*^ him eleven pounds, 11: 0: 

29. Alexander Miller, his debenter, in riding ex- 

presses in 1710, allow'd six x^ounds, ten shil- 
lings and two pence, 8:10: 2 

30. Benjamin Akerman, for one year's service in at- 

tending the General Assembly, allow'd five 

pounds, 5: 0: 

31. William Partridge, his debenter, relating to his 

being 14 days in a sloop Eastward, for her Maj- 
esty's service, and for dieting soldjers allow^ 
him twenty shillings in full of all demands of 
the Province to tliis day, 1 : : 

32. Mr. Secretary Story's debenter allow*^ him for his 

service, salary, &c., 40: 0: 

33. Richard Jackman, for ferridge of soldjers at 

Newtown ferry, allowed fourteen shillings and 

two pence, — 14 : 2 

34. Edward Serjeant for ferridge of soldjers at New- 

bury ferry, seventeen shillings and three pence, — 17:3 

35. Mr. John Knight's ace* for ferridge allow*^, — 14: 6 

36. Capt. Tuttle's debenter for 24 pairs of snow 

shoes and mogasheens at 2^ a ]3air for moga- 

shecns and 8^ a pair for snow shoes, 12 : : 

37. Theodore Attkinson, Esq.,Jiis Muster Roll relat- 

ing to the fort in 1710, allow*^ seventy-five 

pounds, fourteen shillings, 75 : 14 : 



1711.] JOURNAL OP COUNCIL AND ASSEMBLY. 4Y1 

38. Jacob Layers his dcbcutcr relating to liitle>, 

leatlier and kipes and nio«,^asheens, &c., 2: 2: C, 

39. Major W" Vanglian his ace* of which he says 

there remains due to him 287"'»: Answered, 
That, whereas at the last Committee for audit- 
ing- tlie puhlick accounts of tliis province, the 
12"^ May, 1710, they did then allow to Major 
W" Vaughan, two hundred pounds, which he 
owns received, and two hundred pounds more 
with interest thereof reC^ by Colonel W"^ Par- 
tridge formerly Lieut. Governor, on ace* of the 
agency of this province ; And the said Major 
Yaughan [p. 369.] appearing to be the only 
Agent then employed by the province, and deny- 
ing that he ever received any money from the 
said Partridge upon the account of such agen- 
cy; —Allowed therefor that the said Major 
Yaughan be paid out of the treasury, two hun- 
dred pounds, 20Q: 0: 
which with the two hundred pounds above 
mentioned, paid Mm as in full of all accounts 
due to him from this province to tliis day,— be 
it for agency or otherwise. But in case the said 
two hundred pounds be by the province recov- 
ered of the said W^ Partridge with interest, 
the principal to be ordered into the Treasury, 
and the interest to be paid to the said Major 
William Yaiighan; provided nevertheless, the 
said Major Yaughan shall not receive the said 
two hundred pounds out of the Treasury, until 
Colonel Partridge satisfy the Gen^ Assembly 
of this Province that the said two hundred 
pounds was not received by him on account of 
the said Major Yaughan. 

40. Theodore Attldnson, Esq. his debcnter for dis- 

bursements about the Brigatine Newcastle, in 
the late Expedition to Port Royal, allow^ eight 
pounds sixteen shillings, ^' 1^- 

41. Capt. Hill for snow shoes and mogasheens, 2: 12: 

42. Nathi Stevens and Folsham alloW^ as per their 

account, ' * 



472 PROVINCE OF NEW-HAMPSHIRE. [1711. 

Province of New Hampshire. May 9*, 1711. 
We whose names are hereunto subscribed having pe- 
rused all the accounts before mentioned, and well considered 
the same, doe find justly due to each person the several 
sums set opposite to their names and number of each 
man's debenter. 

Robert Elliot, 
John Plaisted, 
Cha : Story, Clerk, ) Mark Hunking, 

of the Committee, j Joseph Smith, 

Theo. Attkinson, 
Geo : Jafifrey. 
[p. 370.] This account returned by the Committee an- 
nexed to each person's name, amounting to three thousand 
seventy-five pounds, seventeen shillings and five pence, is 
allowed by the House of Representatives, according to the 
return, by order of the House. 

Sam^ Keais, Clerk. 
10^^ May, 1711. 

This return of the Committee with the allowance of the 
General Assembly, being read at this Board, was consented 
to by the Council, who desires the Governour to issue out 
warrants to the Treasurer for the payment of each person 
the several sums allowed them out of the Treasury accord- 
ingly. 

Cha : Story, Secretary. 
Adj^ till to-morrow morning 10 of the clock. 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 470 

[p. 371.] Province of New Ilampsliirc. 

At a Council and General Assembly 
held at Portsmouth l»y adjournment, 
on Friday, the eleventh day of May, 
1711, Ante Merediem. 
Present, 
His Excellency Joseph Dudley, Esq. Governour, &c.. 
Major W™ Vaughan, ^ Sam^ Penhallow, ) 

Robert Elliot, V Esqrs. John Plaistcd, [ Esqrs. 

Nath^ Wear, ) Mark Hunkin, ) 

Mr. Wear asked leave of his Excellency to goe home, 
being much indisposed, which was accordingly granted him. 
Adj*^ till to-morrow morning, 10 of the clock. 



Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adjournm*, on 
Saturday, the 12"^ of May, 1711, Ante 
Merediem. 
Present, 
His Excellency the Governour, (fee. 
Major W"^ Yaughan, ) p John Plaisted, ) ^ 

Sam^ Penhallow, } ^^^^- Mark Hunkin, [ ^"^'• 

Ordered, That Colonel Rednapp, Capt. Hunkin and 
Theodore Attkinson, Esqs., review the fort W"' and Mary, 
and make their return of their necessary reparations. 

The following vote was sent up by the House of Repre- 
sentatives to this Board, viz : 
Province New Hampshire. 

The Bills of Credit for this Province having such a gen- 
eral currency : Voted, That the five per cent, for paying it 
into the Treasury be taken off. 

By order of the House. 

Sam^ Keais, Clerk. 
12*^ May, 1711. 



474 PROVINCE OF NEW-HAMPSHIRE. [1711. 

The Council having seen the vote of the Assembly of 
the 15^^ of May, 1710, importing that there be an Act 
brought in for the allowance of five per cent, upon the 
payment of province bills into the Treasury, which the As- 
sembly have not proceeded in, 

Ordered, agreeable to the within vote of the House of 
Representatives, That the Treasurer and Receiver of the 
future taxes receive the bills in full tale, without any al- 
lowance or advance. 

Past by the Council. 

Cha : Story, Secretary. 

[p. 372.] May it please your Excelleney : — 

Yoted, That one thousand pounds collected last year 
into the Treasury be repeated, and that hence forward all 
the Bills of credit of this province pass in publick pay- 
ments without the five per cent, advance. 

Past by the House. 

Sam^ Keais, clerk. 

12th ]yjay, 1711. 

Read in Council and consented to. 

Cha: Story, Secretary. 

Mr. Treasurer's account about powder was exhibited at 
this Board, accepted and approved of, beginning 9^^ X'^'", 
1709, and ending 19"^ Febr>', 1710. 

3Iay it please your Excellency : — 

We, having perused the state of the province since the 
repeating the thousand pounds collected last year, find 
mony sufficient in the Treasury for payment of all such 
debts as was allowed by the Committee's return this ses- 
sion and approved by the General Assembly, 

Pray, that your Excellency would grant orders for the 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 475 

payment of such debts according to the aforesaid return of 
the Committee. 

12*^ May, 1711. 

By order of the House of Representatives. 

Sam^ Keais, clerk. 

Consented to by the Council. 

Cha : Story, Secretary. 

Ordered, agreeable to tlie votes of both Houses of tho 
Assembly, that Mr. Treasurer Penhallow take and receive 
the one thousand pounds now upon the Council Table, and 
that Mr. Secretary be present to see credit entered for the 
Province in his books for the same, and that thereafter he 
dispose and pay the same for the province debts l.)y war- 
rants from the Governour and Council, as usual. 

Adj"^ till to-morrow morning, 10 of the clock. 



[p. 373.] Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth on Monday, the 14"' May, 
1711, ante merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, etc., 
W"" Vaughan, ) Sam^ Penhallow, "j 

Eobert Elliot, [ Esqs. John Plaisted, \ Esqs. 

Peter Coffin, ) Mark Hunkin, ) 

The return of the Committee relating to repairing her 
majesty's Fort W"' and Mary was brought to this Board as 
upon file and sent down to the House of Representatives. 

The following vote was sent up by the House of Repre- 
sentatives, in hsec verba sequen : 

Voted, That the Fort W™ and Mary be forthwith re- 
paired, according to the returne of the Committee, and that 
the Surveyor thereof do not expend more than two hun- 
dred pounds thereon, including all manner of charges, as 
subsistance, materials and labour, to wit : Three shillings 



476 PROYINCE OF NEW-HAMPSHIRE. [1711. 

per diem for every tradesman ; two shillings per diem for 
every labourer, and that the Treasurer be desired to supply 
with subsistance therefor. 

May 14*% 1711. 

Past the House of Representatives. 

Sam^ Keais, clerk. 

Read at the Council Board and consented to and ordered 
that the subsistance mony be supplied by the Treasurer, 
not exceeding eight pence per diem. 

Charles Story, Secretary. 

Ordered, That the necessary tools for all labourers, &c., 
in repairing her Majesty's* Fort W^ and Mary at New 
Castle, according to the vote of the Assembly, That Mr. 
Treasurer be desired to survey what tools may be wanting 
and that he provide the same and what plank, boards, <fec., 
may not be had without being impressed. That the Treas- 
urer issue forth his warrants for impressing the same, and 
that they be paid for out of her Majesty's Revenue, from 
time to time, in this province. 

Adj*^ till to-morrow morning, 10 of the clock. 



[p. 374.] Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth on Tuesday, the 14*^ of 
May, 1711, ante merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'', &c., 
W^ Vaughan, J 

Robert Elliot, > Esqrs. John Plaisted, \ p 
Sam^ Penhallow, ) Mark Hunkin, \ ^^^^^' 

Mr. Penhallow's account of disbursements, am° to 16^^^^ 
2% 4*^, allow"^ and ordered to be paid in course out of the 
Treasury. 

Ordered, that Mr. Penhallow be paid out of the Treas- 
ury twenty pounds sterling, sent Mr. Newman for the laying 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 477 

before tlie Lords of the plantation the affairs of tlie Council 
relating to the compleating the full numljcr of the Council 
here. 

Alexander Miller, his accounts am*" to 3"'" : 2' : 6'', al- 
lowed and ordered to be paid in course out of the Treasury. 
The following vote was sent up to this Board from tlie 
House of Representatives, viz. : — 

Voted, that a Committee be appointed to revise the laws 
of this Province, and for drawing up such others as may be 
thought proper to present to his Excellency at the next sit- 
ting of the General Assembly. 
15"^ May, 1711. 
By order of the House of Representatives. 

Sam^ Keais, Clerk. 
Committee of the Representatives, 
Major Joseph Smith, ) 
Theodore Attkinson, i Esqrs. 
Mr. George Jaffrey, ) 
Committee of the Council, 

Major W"^ Yaughan, ^ 
Sam^ Penhallow, > 
John Plaisted. ) 

An Act for repeating one thousand pounds of Bill of 
Credit, &c ; 

An Act for prevention of frauds and forgeries upon the 

Bills of Credit in use in this and the neighboring provinces ; 

[p. 375.] An Act for the encouragement of volunteers 

for the destruction of the Indian Rebells and enemie ; (1) 

Having been three times read, was past to be enacted 

and assented to by his Excellency the Governour. 

Prorogued till Wednesday, the 12*^ day of September 
next, 10 o'clock, ante merediem. 

(1) [From the Journal of the House, p. 6.] 
May 12th, 1711. Voted, That for Indian man slajni in the Province sixty pounds, for 
every woman thirty pounds, and for every minor or Papoose, fifteen pounds be payd 
out of the Treasury. 



478 PROVINCE OP NEW-HAMPSHIRE. [1711. 

[p. 376.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Thursday, the 
14"^ of June, 1711. 
Present, 
The Hon^^^ John Usher, Esq., Lieut. Governour, 
Peter Coffin, ^ John Plaisted,^ 

W"^ Vaughan, I -^ Nath^ Wear, )>Esqrs. 

Sam^ Penhallow, f^^"^^^' Mark Hunkin, j 
Eobert Elliott, J 
Mr. Secretary Story was sent as a message to call the 
House of Representatives to this Board, who accordingly 
came ; and his Honour the Lieut. Governour was pleased 
to make the following speech : 

Gentlemen: — 

Her most gratious Majesty having sent his Excellency General 
Francis Nicholson, Esq., with forces for reducing of Canada and 
Newfoundland ; It is expected that the government in these parts 
give their ready assistance by raising of sqldjers to join in conjunc- 
tion with the Queen's forces, — to whom God grant success and 
victory, the happy fruits of which will tend to the safetj^, wealth 
and prosperity of these her Majesty's dominions and plantations, 
and more peculiar to this her Majesty's Goverment, that for many 
years have been insulted, waisted and consumed by a cruel, bar- 
barous and periidious Enemy. 

By his Excellency the Governour's precept, you are here called 
together for raising your quota of men, providing transports, jn-o- 
visions, &c., for carrying on the above Expedition. 

Her Majesty's service requiring his Excellency the Governour's 
presence at the Congress, remote from his Goverment, to consult 
in this great design : I am therefore come to expedite matters of 
so great an importance. 

Gentlemen, — You addressed her most gi-atious Majesty in Octo- 
ber last, that she would be gratiously pleased to send ships of war 
and forces for the reducing Quebec, &c. ; Upon which address 
from yourselves, and others from our neighboring Goverments, 
General Mcholson [p. 377.] is now sent as before mentioned, 
whose conduct, courage and prudence, is well known to us all, 
in the reducing of Port Eoyal (now Annapolis Eoyal) last year, 
which if please God to give him success in the reducing of Can- 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 479 

ada, it Avill be of great advautagc to us and our posterities here- 
after. 

I do not ill the least doubt of your ready conii)lianc(' ^vith the 
Queen's expectations from you, and your proceed in «is to bo sucli 
as will demonstrate you her Majesty's most dutiful and loyal sub- 
jects, in your dispatches. 

Her Majesty is at great expense and charge in tliis affair, and 
hath sent clothing, &c., for our soldjers and many presents of 
value to our friend Indians and Mawhawks, &c. 

His Excellency the Governour's expectation and pleasure is, 
that all other business be laid aside, and only witV I chearful- 
ness to forward soe good a designe for the reducir e common 
enemy, pursuant to her Majesty's expectation, and^c.at care be 
taken, for mony to be raised at the next sitting of this General 
Assembly, for payment of soldjers, transports, sailors, &c., and 
for all present expenses and charges upon the said Expedition. 

I shall contribute what I can for her Majesty's service and good 
of her Majesty's province, and hope you will speedily determine 
w^hat is recommended to you. 

John Usiiek. 

The following letter from his Excellency the Governour 
was read at this Board, the Representatives being present : 

Boston, O*'^ June, 1711. 
Gentlemen : — 

I herewith send you a copy of her Majesty's Instructions to my- 
self, referring to the Expedition to Canada, which I desire you to 
keep secret yet. 

You have alsoe enclosed an Embargoe in obedience to her Maj- 
esty's said Instructions, which you must presently publish and ac- 
quaint the fort and officers of the customs with, and see it observed. 

And I doe further direct you to call the Assembly, the proroga- 
tion notwithstanding, to sit on Thursday next, and acquaint them 
with the said Instructions and let them be read [r. 378.] in their 
House ; and let them know that the vast force that is coming, and 
the whole expedition, is in answer to their repeated Addresses, 
and is the last effort of those Goverments, and by the favor of God 
will end in our security and establishment, and therefore that I 
desire and expect their unanimous vote. 

That there be a number of men not exceeding one hundred, with 
officers, raised for the service of the Expedition. 

That the Treasurer provide three months' victuals, transports, 
and other necessaries for the said men. 



480 PROVINCE OF NEW-HAMPSHIRE. [1711. 

That the Assembly will at their next session take care for the 
pa^Tiient of the wages and subsistance and other charges of the 
said force. 

These votes will be cheerfully agreed by the Representatives, I 
doubt not ; Thank them then and dismiss them to the prorogation, 
and express the votes to me. 

The whole tleet consists of ten frigates and eight battallion of 
foot, cannon, stores, arms and clothes for all the soldjers, which 
will save in a great part of our charge. 

Major Plaisted brings this and will acquaint you anything neces- 
sary. Let us be private in the aifair as long as we can, lest it get 
to Quebec or Placentia. 

With my service to the Speaker and Gentlemen of the Assembly • 
I am, Gentlemen, 

Your very humble servant, 

J. Dudley. 
To the Gentlemen of the Council ? 

of New Hampshire. ^ 

Pursuant to the above letter the following Instructions 
was read at this Board and sent down to the House of Rep- 
resentatives, as alsoe a copy of her Majesty's bounty relat- 
ing to the said Expedition : 

ANNE E. 
[p. 379.] [Seal.] Instructions for our trusty and well beloved 
Joseph Dudley, Esq., our Captain General and Commander in 
Cliiefe of our provinces of the Massachusetts Bay and New 
Hami^shire, in America, given at our Court at Saint James, the 
sixth day of February, 1710, in the ninth year of our Reign. 
Herewith wee send you a duplicate of our Instructions to our 
Governour of New York, relating to a resolution we have taken 
for the reduction of Canada and New Foundland, by which you 
will perceive our intentions, and to which we refer you in all 
things as fully as if the same were again particularly repeated in 
these our Instructions; And our will and pleasure is, that you doe 
in all respects conform your selfe thereunto, and give your aid 
and assistance to all the several matters and things herein con- 
tained, as if the same were in these presents repeated and partic- 
ularly ordered and directed. Our will and pleasure further is, that 
you doe observe and perform the several matters and things here 
in after contained on your part to be performed and observed : 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 481 

1. ATee hereby direct lluit at least one tliousand able bodied men 
be raised by you in New England, and that the said men be well 
disciplined and exercised, and if you shall want any experienced 
Officers for that purpose, our Governour of Xew York will s])are 
you some of the Sergeants we have ordered thitlier by tliese ships; 
and if there be any want of Arms and ammnnilion you will re- 
ceive the same by the squadron we intend to send to Xew England, 
whicli may arrive there about the latter end of April next. 

2. That you provide transports, provisions and other necessaries 
for the said thousand forces, to be ready at the arrival of the s<|uad- 
ron at Piscataqua, and also several flat bottomed boats for the 
landing our forces at Quebec, or other place where there may bo 
occasion to land; the said flat bottomed boats to hold sixty meu 
each; Wee also direct that several vessels of fifty or sixty tunns 
each be provided good sailors, to be sent up the said river Canada 
with Land forces, as occasion may offer. 

3.* 



[p. 387.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj*, on Friday 
the 15*^ of June, 1711. 
Present, 
The Honourable John Usher, Esq., Lieut. Govern^, 
Peter Coffin, ) Sam^ Penhallow, ) 

W"' Vaughan, [ Esqrs. John Fkiisted, > Esqrs. 

Nath^ Wear, ) Mark Hunkin, ) 

The following vote was sent up from the House of Ilci> 
resentatives and read at this Board : 
May it please your Honour^ — 

Mr. Secretary Story showed us his Excellency's letter of 
the 11*^' instant, relating to one mem])er of this house at- 
tending him to Connecticutt, to the Congress there ; and 
the day appointed to be at his house, being past already, 
and considering therein, its said if ho was proceeded, they 
were to follow ; Wee think it very unlikely, if not impossi- 
ble, for any person to be of service. 

*CTlie Instructions, evidently incomplete, abruptly end.— Ed.] 

31 



482 PROVINCE OF NEW-HAMPSHIRE. [1711. 

Wee have his Excellency's letter and your Honour's 
Speech under consideration, and shall endeavor the Queen's 
and Province's service therein with all expedition. 
June 15^^, voted by the House of Representatives. 

Sam^ Keais, Clerk. 
15^^ June, 1711. 

Read in Council, who consented to this vote, and^ 
the Secretary is ordered to write to his Excel- I 
lency about the same, and send him a copy j 
of this vote. J 

Cha, Story, Secretary. 

The foil, letter was sent to his Excellency: 

3fay it please your Excellency, — 

In obedience to your ExcelP letter respecting two gentlemen to 
attend your Excellency at the Congress, your Excellency's letter 
was laid before the General Assemblj^, who would readily 
comply therewith, but the late notice rendering it impossible for 
any to be there timely enough, doe humbly beg your Excellency's 
excuse therein, and shall be ready on all occasions to forward the 
expedition and observe such further orders and directions from 
your Excellency, from time to time, in all things relating thereto, 
we are your Excellency's most humble servants. 
Per order of the Council, 

Cha: Story, Secretaiy. 

Adj^ till 2 o'clock. Post Merediem. 



[p. 388.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Friday the 15"' 
of June, Post Merediem. 
Present, 
The Hon. John Usher, Esq., Lieut. Governour, 
Peter Coffin, \ Samuel Penhallow, \ 

Robert Elliot, > Esqrs. John Plaisted, > Esqrs. 

Nath^ Wear, ) Mark Hunkin, ) 

Adj^ till to-morrow morning 10 of the clock. 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 483 

Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth, by adj^ on Saturday, tlie 
16*^ day of June, 1711, Ante Merediem. 
Present, 
The Hon. John Usher, Esq., Lieut. Governour, 
W°^ Yaughan, ) ^ Samuel Penliallow, ) -p 

Nath^ Wear, \ ^^^^^- John Plaisted, | ^''^''' 

Mark Hunkin. 
The foil, vote was sent up to this Board, in base verba 
sequen : 

Ma^ it j^lease your Honour^ — 

Wee, having considered his Excellency'^ letter and your 
Honor's speech, in which we find that the direction is to 
raise men not exceeding 100 ; and in one part of her Maj- 
estie's instructions to his Excellency, we observe the quota 
demanded from New England is 1000 men : 

Wee humbly conceive that our proportion thereof is not 
more than eighty men ; but being sensible of the great ad- 
vantage the success of this Expedition may be. 

Voted that there be raised ninety men, including officers 
and sailors, for the service of the present Expedition for re- 
ducing Canada, &c. ; And that the Treasurer provide a 
suitable transport ship not exceeding one hundred and 
thirty tunns, and three months provisions, and all other nec- 
essaryes for the said Expedition ; improving the stores left 
in his custody of the last year's Expedition ; for payment 
whereof we promise to make provision at the next sitting 
of this House. 

By order of the House of Representatives, 

Sam^ Keais, Clerk. 

Adj*^ till 4 o'clock. Post Merediem. 

16* June, 1711. 



484 PROVINCE OF NEW-HAMPSHIRE. [1711. 

[p. 389.] Proyince of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, by adjournment, 
on Saturday, the 16^^^ of June, Post 
Merediem, 1711. 
Present, 
The Honorable John Usher, Esq., Lieut. Govern^ 
W"^ Yaughan, I John Plaisted, 

Sam^ Penhallow, \ Mark Hunkin. 

His Honour made the foil, speech (the Representatives 
being present) in hcec verba sequens: 

Gentlemen, — 

As to the Governor's letter not exceeding 100 men with officers, 
and part of Governor's Instructions, — You observe the quota of 
Xew England is 1000 men ; you think your quota is eighty men ; 
that there may be a ship for transport of 80 men, including officers 
and sailors. 

His Excellency's letter, dated the 9* June, 1711, That there be 
a nmnber of men not exceeding 100 for tliis Expedition. 

Must acquainte you, though his Excellency doth say not exceed- 
ing 100 men with officers, yet he doth not say less ; As for the 
Queen's instruction the quota to raise 1000 men, these two years 
been settled, viz; 900 Massachusetts; 100 this Pro^dnce; 200 
Road Island ; 300 Connecticutt. 

Now to say 80 men with sailors is but G8 men, when always you 
raised 100 men besides sailors. 

Must doe his Excellency justice that he expect 100 with sailors, 
as formerly. 

The Queen having demanded your quota, she doth expect the 
whole complied with, of which I caiuiot abate : for two years, 
Queen knows your establishment to be 100 men; if same be more 
as to quota than other goverments, your govenneiit might by last 
conveyance have sent to the Queen for relief: if upon arrival, find 
Her Majesty is pleased to lessen the number of your quota, it 
shall be readily complied with ; if not, shall and must expect your 
compliance with the number and shall write to know his Excel- 
lency's pleasure. 

As to three months provision I acknowledge pursuant to his 
ExceP letter; but give leave to acquaint you that not less than five 
months provision must be had: For when Governour Fhipps went 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 485 

to Canada, was two moiiUis "before lie did ^ret to (^iiebefk ; foi- 
want of due provisions, many of liis tlien I^fajesty's subjects' lives 
lost. I am sensible and doe believe that you Gentlemen will not 
be wanting in making due supplys for preservation of her Maj- 
esty's subjects and your friends' lives,— the which I leave to your 
consideration, and shall order your vote to be returned and more 
duly considered. 
Adj. till Monday morning, 10 of the clock, Ante Merediem. 



[p. 390.] Prov. of New Hampsh'^«. 

Att a Council and General Assemljly held 
at Portsm'' on Monday, the 18*^ of June, 
1711, ante merediem. 
Present, 
The Honourable John Usher, Esq., Lieut. Govern', 
W™ Yaughan, ) -^ John Plaisted, ) ^ 

Sam^Penhallow, j ^^^^- Mark Hunkin, ( ^^^^* 

Adj*^ till 4 o'clock, post merediem. 

[Met according to adj. Present the same.] 
The following vote was sent down to the House of Rep- 
resentatives, in haec verba sequen : 

Yoted, That there be an encouragement given to all vol- 
unteers upon the p'sent Expedition to Canada, to the same 
value and in the same manner as the Massachusetts Gov- 
erment hath done ; and that each imprest man have one 
shilling given him at the time of his Ijeing so imprest, to 
be deducted out of his wages at pay Table. 

Consented by the Council. 

Cha : Story, Secretary. 

Adj^^ till 10 to-morrow, ante merediem. 



486 PROVINCE OF NEW-HAMPSHIRE. [1711. 

[p. 391.] Prov. of New Hamp^^ 

Att a Council and General Assembly held 
at Portsmo. by adj* on Tuesday, the 19*^ 
of June, 1711, ante merediem. 
Present, 
The Hon^^^ John Usher, Esq., Lieut. Governour, 
W- Vaughan, ) ^ Robert Elliot, ) ^ 

Peter Coffin, \ ^^^^' John Plaisted, ] ^^^^' 

Mark Hunldn, Esq. 
John Plaisted, Esq., was sent as a message from this 
Board to the House of Representatives to know if they had 
any thing to recommend to this House (who answered 
they had got none at present) . 

Adj'^ till two o'clock, post merediem. 



[Met according to adjournment.] 

Present, 

The Hon'^^" John Usher, Esq., Lieut Govern^ 

W™ Yaughan, I ^ Samuel Penhallow, ) ^ 

i!iSqs. J , pioieforl I iiisqs. 



Robert Elliot, j "^"^"- John Plaisted 
Mark Hunkin, Esq. 

Mr. Secretary Story was sent as a message to the House 
of Representatives to call them upp to this Board, who ac- 
cordingly came, and his Honour the Lieut. Governour 
made the following speech, in ha3C verba sequen : 

Gentlemen, — • 

Yesterday Mr. Penhallow was pleased to communicate his Ex- 
cellency's letter for Raising 100 soldiers ; you were to signifie I 
had sent an Express to know his Excellency.'s pleasure as to 
Quota of men, and desired may consider of it till two this after 
noon; you were then acquainted noe answer it may be will be 
sent ; it is now about six o'clock ; noe returne of the messenger. 
The Queen's concernment requiring expedition, part of fleet be- 
ing arrived: 

[p. 392.] I recommend to yo^ Raising yo'" quota of men. His 
Exce^ in his letter say not exceeding 100 men with oflicers; 
however, you may apprehend 90 men, (for which you pass^ 



1711.] JOURNAL OP COUNCIL AND ASSEMBLY. 487 

a vote) to be more than your quota of 1000 men, to be raised 
in New England, by liis Excellency, in his (;overnients. 

An Address you liaving- sent to her most gratious Majestie, with 
other Goverments, lor carrying on tliis present expedition ; To 
manifest your loyaltie to her Maj««, respect to His Excellency, 
desire you should forthwith pass a vote for raising 100 men, A:c., 
as his Excellency hath signitied to you; shall esteem the same as 
an act of loyaltie to her Majestie, regard to his Excellency's ex- 
pectation from you, pray same may speedily be dispatched. 

The following vote (No. 4) was brought to this Board in 
lifec verba sequen : 

Voted, Noe Encouragement be given but what is of tlie 
Queen's bounty, by reason noe proclamation hath jjecn 
issued, and most of the men already imprest. 

19"' June, 1711. By order of the House of Representa- 
tives. Sam^ Keais, Clerk. 

Adj*^ till to-morrow, 10 of the clock, ante mercdicm. 



[p. 393.] Prov. of New Hamp'«. 

Att a Councill and General Assembly held at 
Portsm" by adj* on Wednesday, tlio 20"' 
June, 1711, ante merediem. 
Present, 
The Hon'^^° John Usher, Esq., Lieut. Govern^ 
Major W™ Vaudian, ) ^ John Plaisted, } p 

Robert Ellott, ^ ( ^^^^- Mark Hunkin, f ^'^^• 

The two following votes was sent to this Board from the 
House of Representatives, in hsec verba sequen : 
Map it please pour Hori^?-, — 

Wee have waited long in expectation of receiving an 
answer from his Excellency to our vote of the IG"' instant, 
for raising and subsisting 90 men, including officers and 
sailors, in hopes that his Excellency would Accept of the 
said vote ; but seeing the Express is returned and noe 
answer to our said vote, and considering tlie quota ex- 



488. PROVINCE OF NEW-HAMPSHIRE. [1711. 

pected, viz., one hundred men, including officers, <fec.,with 
three months provisions, &c., as per our said vote exprest, 
may advance the service of the Expedition, 

Yoted, That there be added tenn men with subsistance, 
tfec, to the 90 voted for, ut supra. 

20^ June, 1711. Pr. order of the House of Represen- 
tatives. Sam^ Keais, clerk. 

20'^ June, 1711. Read in Council, and unanimously 
consented. Cha : Story, Secretary. 

Yoted, That the Honourable the Lieut. Govern"" be paid 
out of the Treasury tenn pounds for his expences in trav- 
elling the two last times into this Province. 

June 20*^ 1711. Past by the House. 

Sam^ Keais, clerk. 

June 20^^, 1711. Read in Council and consented to. 

Cha : Story, Secretary. 
Prorogued. 



[p. 394.] Prov. of Newhampshire. 

Att a Councill and General Assembly 
held at Portsm°, on Fry day, the 6^ 
July, 1711. 
Present, 
Major W™ Yaughan, ) Sam^ Penhallow, ] 

Robert Ellott, > Esqrs. John Plaisted, > Esqrs. 

Richard Waldron, ) ]Mark Hunkin, ) 

His Exceir^ two Letters, dated the 2^ curr* was read at 
this Board, in hsec verba sequen : 

Sirs, — Your subsistance for your 100 men must be for 126 
days, besides their subsistance on Shoar, before their departure, 
equal to the Massachusetts, and the agreement of the Congress of 
the Governours. 

Yo"" servS J. Dudley. 

Boston, July 2, 1711. 
To Mr. Secretary Story, to be communicated. 

Lot the Assembly sitt one day upon this Article of Yictuals, and 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 489 

I desire that wages of men and hire of ships be as in ]\Iassachu- 
setts. 

(2^ Letter.) 

Sirs, — Mr. Peidiallow hriug's two warrants under her Majes- 
tie's Koyal signature, for the SAV(!aring of JJiciiard Wahh-on and 
Mark Ilunkins to' be members of her Majestie's Council of New 
Hampshire ; Imcdiately upon receipt of the said warrants, sum- 
ous the Council and lett the warrants be read, the Gentlemen 
sworn, and a record made of the wan-ants and proceedings tliere- 
upon, that their service be not wanting at Council in the pressing 
occasions before us. 

Boston, 2*1 July, 1711. J. Dudley. 

To Mr. Secretary Story, to be communicated. 

Richard Waldron and Mark Hunkin, Esq., Pursuant to 
her Majestie's warr^^ abovesaid, under the royal signature, 
were sworn members of her Majestie's Council of this 
Province, at this Board. And then his ExcelP said Letters 
were sent down to the House of Representatives by Mr. 
Secretary Story. 

The two following are her Majestie's warrants under Her 
Royal signature, mentioned in his ExceP letter abovesaid, 
viz. : 

[p. 395.] ANNE E. 

Trusty and well beloved, wee Great you well. Whereas by our 
Order in Councill, bearing date the twentyeth day of December, 
in the year one thousand Seven Hundred and five, Upon a Kepre, 
sentation of our Commissioners for Trade and plantations, Humbly 
offering that wee would Constitute our Trusty and well Beloved 
Richard Waldron, Esq., one of our Councill of that our province 
of New Hampshire, in the Eoom of John Hinks, Esq., who had 
left that Countrey without leave ;— Wee were gratiously pleased to 
approve thereof and to order, that the said Richard AValdron 
( Royal ) should be appointed one of our said Councill, as 
I Signature. S being a person by his Loyaltie, Integrity and Abil- 
ity, fitly Qualified to serve us in that Capacity. Our will and 
pleasure is, that forthwith upon receipt hereof, you doe accordingly 
Swear and Admit him the said Richard Waldron, to be one of our 
Council of that our province of New Hampshire ; And for soe 
doing, this shall be your warrant. Aud soe wee Bidd you fare- 



490 PROVINCE OF NEW-HAMPSHIRE. [1711. 

well. Given at our Court at Saiut James, tlie second day of 
March, 1710. In the ninth year of our Reigne. 

By Her Majestie's Command. 

Dartmouthe. 

To our Trusty and well beloved Joseph Dudley, Esq., our Cap- 
taine General and Governour in Chiefe of our province of Xew 
Hampshire, In America, and in his absence, to the Commander in 
Chiefe, or to the president of our Council of our said i^rovince for 
the time beins". 



ANNE R. 
[p. 396.] Trusty and well beloved, w^ee Great you well. — 
"Whereas, by our Order in Conncill bearing date the one & thir- 
tieth day of March, in the year one thousand seven hundred and 
nine, wee were Gratiously pleased upon a Representation from 
our Commissioners of Trade and Plantations, setting forth that 
there were two vacancys in the Councill of the province of New 
Harapsliire, by the Death of George Jatfrey and Henry Dow, late 
members of the said Councill, to Order that our Trusty and well 
c Royal ) beloved Mark Hunkins, Esquire, should be Consti- 
l Signature. ^ tuted and appointed a member of our Council of 
our said province of New Hampshire, to supply one of the said 
vacancies, as being a person by his Loyaltie, Integrity and Ability, 
fitly qualified to serve us in that capacity. Our will and i)leasure 
is, that forthwith upon receipt hereof, you doe accordingly Swear 
and Admitt him, the said Mark Hunkins, to be one of our Council 
of that our province of New Hampshire. And for soe doing, 
this shall be your warrant. And soe wee bicld you farewell. 

Given at our Court at Saint James, the second day of March, 
1710, In the ninth year of our Reigne. 

By her Majestie's Command. 

Dartmouthe. 

To our Trusty and well Beloved Joseph Dudley, Esq., our Capt. 
General and Governour in Chiefe of our province of New Hamp 
shire, in America, And in His Absence to the Commander in 
Chiefe or to the j^resident of our Councill of our said province for 
the time being. 

[p. 397.] The following votes was sent iipp to this 
Board by the House of Representatives, in hcec verba se- 
quen: 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 491 

Whereas there was a vote of this House of the 10''^ and 
20*'' of June ultimo, for providing provisions, <fec., for the 
subsisting one hundred men, three monllis, but fearing tliat 
not sufficient, — 

Voted, that in lieu of the three months' provisions, there 
be provided one hundred and twenty six days' provisions 
for one hundred men, and that the transport vessells be 
allowed eight shillings P. Tunn, P. month. 

July 6"', 1711. Past by the House of Representatives. 

Sam' Keais, Clerk. 

Read in Council & unanimously Consented to. 

Cha : Story, Secretary. 

Considering there was large Encouragement offered l)y 
this House to volunteers that would Inlist for the service of 
the Expedition to Canada, and none appearing thereon, and 
that those Impressed for the said service have had Large 
Encouragement from their Cap*® and neiglibors, which with 
the Queen's Bounty and stated pay, wee think sufficient, 

Yoted, that there be nothing added to the pay of Officers 
or Soldjers. 

July 6"^ ITll. Past by the House. 

Sam^ Keais, Clerk. 

6*'' July, 1711. Read in Councill, and left to be con- 
sidered. 

Cha. Story, Secretary. 

Ordered, that Mr. Secretary Issue out a warr* of Apprize- 
ment to Robert Ellott and Mark Hunkin, Esq., Authorizing 
them to Apprize the two Transports with their Tackle, Ap- 
parrell, &c., upon Oath ; And make returne of the same 
into the Secretary's Office in three days. 



492 PEOYINCE OF NEW-HAMPSHIRE. [1711. 

[p. 398.] Province of New Hamp. 

Att a Councill and General Assembly 
held at Portsm% the 23^ July, 1711. 
Present, 
W- Yaughan, ) ^ Richard Waldron, ) ^ 

Robert Ellott, \ ^^'^^^' John Plaisted, \ ^^'^''^' 

Mark Hunkin, Esq. 

gir^ — By advice I have Eesolved to cover the Addresses of both 
provinces to her Majestic ; In Answer to your votes, and because 
the fleet is ready to saile, and one of the frigatts detached Home 
will saile in a few days, to save the time I have sent this Express 
and Covered a copy of the Massachusetts Address, with very little 
alterations, which you will presently communicate to the As- 
sembly, which I direct you immediately to advise the Councill to 
call, that it may be presently Communicated, and, if they please. 
Agreed and signed by the Speaker* of the Representatives and 
your selfe in the name of the Councill, and let there be three of 
them at least sent to me for several Shipps. 

If you have but the Major part of the Commons it will be well, 
and because you are already warranted by the first vote of the last 
session to address Her Majestic with Thanks. 

And then draw me out a copy of the votes of the Assembly in 
due Order, Your vote of thanks upon reading the Governour's let- 
ter, your agreement of men, transports. Victuals, &c., leaving out 
any superfluous vote, as "Where the Commons agreed to but 80 
men; sett down only the last vote in those cases, And lett the votes 
be all single and fair upon halfe sheets of paper. This letter is 
open that Major Smith may read it, and bring his Deputies with 
him from Hampton to Expedite the matter, and he will send to 
Exeter to gett the Deputyes of that place to come presently to 
Portsmouth, all Depends upon yourExpedition. Cover your pa- 
pers to Colonel Noyce with a letter to Express y™ Immediately, 
unless you cann ride it your selfe. 

Your Serv*, 



J. Dudley. 



Mr. Treasurer wants a Sailor named Peter Man"! 
for an Oflicer on Board of the Transports ; 1 
send him Innncdiately by Land; he wants two | 
more, if possible to be had. J 

*[rrol)ably this letter was addressed to Charles Story, Sec.] 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 403 

[p. 307.] To the Queen's most Excellent Majestie. 

The Humble Address of the Governour, ('ouncil And As.ccinl)]y 
of your Majestie's Province of New irtuni)sliire, in New Kn^^- 
laud, Couveii^^ in General Assembly the Iwentv-second day of 
July, 1711: 

May it please your most Excellent Maj''% — 

Wee Crave leave humbly to prostrate our selves at yo"- :\rajcstie'8 
Royal feet, with all Humble and DutifuU acknowiedi^-ments of 
Highest Gratitude for the Expressions of your Majestie's most 
Compassionate tender Regard to the prosperity of your good Sub- 
jects in these yo'^ Majestie's Northern plantations of America, 
Throughout the course of your Majestie's Glorious Reign ; partic- 
ularly for the signal instance of your Majestie's Ro} al favour in 
the Gratious Acceptance of our late Humble Addresses for obtain- 
ing an Expedition to be made for the Reduction of Canada, and 
freeing us from those Grevious oppressions which wee have long 
laboured under by the French of that Country, and the Salvages 
in their interests in so near neighbourhood to us. And that your 
Majestie has been pleased to command the service of such numbers 
of your skilfull Experienced Officers and choice Troops, with soe 
Considerable a squadron of your Majestie's shipps of AVarr, in tliis 
Important affaire, and to commit the conduct thereof to His Ex- 
cellency Brigadier Hill, appointed by your Majestie Commander 
in Chiefe, and the Hon'^'^ S'" Hovenden Walker, Admiral of your 
Majestie's Squadron, who happily arrived at Boston on the 24"^ of 
June past, with as si3eedy a i)assage as could be Expected, And 
the forces both of the Land and Sea part in good State of Health ; 
the account of which was Joyfull to us. 

The preparations for the part of this frontier Government, In 
Obedience to your Majestie's Commands for the Expedition by the 
Hand of the Honourable Colonel Nicholson, are carryed on with 
such Application in Raising [p. 400.] the Troops of this province, 
and Transports to joyn your Majestie's Squadron, are this day per- 
fected ; And wee render our most humble thanks to your Sacred 
Majestie for the cloaths, Arms, and other accoutrem*^ for warr of 
your Royal Bounty directed for the benetit of your Majestie's 
Troops levied within these yo"" Majestie's Goverments. 

May Almighty God, on whom your ^laj'tie's Dependence is 
placed, be Gratiously pleased to smile upon this Noble Important 
Undertaking, and Grant Success thereto in Subduing of Canada to 
your Majestie's Obedience ; it will be a Glorious Acquisition to 
your Imperial Crown of Great Brittaine, and of Unspeakable ben- 
efitt & advantage to the whole Brittish Empire. 



494 PROVINCE OF NEW-HAMPSHIRE. [1711. 

May God be alsoe Gratiously pleased to preserve yo' Majestie's 
sacred person, long continue yo"^ life & Eeign, and prosper yo'^ 
Majestie's Just Arms Every where, for the Abasing of the pride of 
the Great Oppressor of Europe ; And that your Majestic may be 
Instrumental under God, to bring forward a speedy, hai)i3y and 
lasting peace, is and shall be the daily fervent j)rayer of 

Madam, 

Your Majesty's 
Loyal, Dutifull &*Thankfull, 
Tho' distressed Subjects. 
Signed in presence and by Order of the Council. 

Cha. Story, Secretary. 
Portsm. in New Hampshire, in New England, 22*^ July, 1711. 
Signed in i^rcsence and by Order of the House of Representatives* 

Richard Gerrish, Speaker. 



[p. 401.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsm^ on Monday, the 30^^ 
July, 1711. 
Present, 
Peter Coffin, ) ^ , Rich^ Waldron, 



W- Yaughan, J ^^^'^^- John Plaisted, ' \ ^^^''^• 

Mark Hunkin, Esq. 

The following Letter from His Excellency the Governour 
was read at this Board and sent down to the House of 
Eepresentatives, viz. : 

Boston, 27*^ July, 1711. 
Gentlemen, — 

"\Ye have the news from the French prize lately brought into 
this place, that there is a Great fleet from France likely to make 
their Impression upon this Coast, and they may as easily look into 
your River as any othor place. 

[p. 401. I have had consideration of your posture, and judge 
it necessary that the fort be strengthened with forty men, and the 
halfe of the Militia drawn and made ready for a march from 
Hampton, Exeter and Dover, to the Bank and New Castle, at a 
minute's warning, and desire you to send for Major Smith, and 
agree the matter to be made ready. 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 495 

If you have any thing' other or fiirtlier to otrer, I desire you to 
write me by the post or Express as you sec meet; and two of your 
fishing Boats must be Listed and directed to come in at the first 
sight of any fleet to give you notice. 

I am, 

Your humble Scrv*, 

J. Dudley. 
I allow you to see the Assembly and 
acquainte them with this letter, to 
make provision for the Subsistance 
accordingly. 

To the Gentlemen of Her Maj"°* ) 
Council of New Hampshire. ^ 

Yoted in Council, 

That pursuant to his Excellency the Governour's letter? 
dated the 27^^ Currant, Advising the danger of the French 
fleet designed to visitt the Coast, that her Majestie's fort 
W"^ and Mary be [p. 402.] strengthened with soe many 
Soldjers as those already attached for that service shall 
make the number of forty, to be Raised out of the several 
Companyes of Militia in this province, in Equal proportion ; 
And that a spy Boat or two be kept out a Cruising at Sea 
between Cape Ann and Richmond's Island to discover and 
give notice of the approach of any fleet or shipps to the 
number of five, and the Treasurer be forthwith directed to 
provide necessary Subsistance, which by virtue of this vote 
we promise in due season to Enable him to doe as well as 
to pay the other Charges accruing hereby. 

30^^^ July, past by the Councill. 

Cha : Story, Secretary. 

Past by the House of Representatives. 

Sam^ Keais, Clerk. 

Ordered, that the Secretary Issue out his warrant to 
Sheriffe, Water Baliffe or Constable for the Impressing of 
one or two spy Boats according to the vote of the General 
Assembly. 

Prorouged till Wednesday, the 12^^ of T'^S 10 of the 
Clock, ante mere diem. 



496 PROVINCE OF NEW-HAMPSHIRE. [1711. 

[p. 403.] ProTince of Nevf Hampshire. 

Att a Council and General Assembly 
held at Portsm", by prorogation, on 
Thursday, the 13^^ of September, 1711. 
Present, 
Major W^ Yaughan, ) ^ John Plaisted, ) ^ 

Sam^^ Penhallow, j ^^^'^' Mark Hunking, \ ^^^^^• 

An Act Entituled an Act for Establishing a General Post 
Office for all Her Majestie's Dominions, and for settling a 
weekly Sume out of the Pevenues thereof for the services 
of the warr, and other Her Majestie's occasions, was this 
day ordered to be published by beat of Drum, &c., at the 
usual and accustomed place. Accordingly the said Act 
was published ; the Honourable, Her Majestie's Council, and 
several of the House of Representatives, being then present. 

Adj^ till to-morrow, 10 o'clock, ante merediem. 



Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsm% on Friday, the 14*^ 
of Sep'^'", 1711, by adjournm*, ante 
merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, &c., 
W- Yaughan, ) ^ Sam^ Penhallow, ) ^ 

Nath^ Wear, \ •^'^'^* John Plaisted, ] ^^^^^' 
Capt. Hunkin and Robert Elliot, Esqrs., are appointed a 
Comittee to joyne with two of the House of Representa- 
tives for Auditing the Treasurer's Accounts not yet Audited, 
Mr. Secretary Story was sent in a message to the House 
of Representatives to call them to this Board, who accord- 
ingly came, and his Excellency was pleased to make 'the 
following speech, in ha3C verba sequen : 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 497 

[Copied from Journal of tlio Koiiso.] 

Gentlemen, — 

Since I saw yon in May last, her Majestic's Fleet and foi-oes 
have happily arrived and been joyned with the forces ol" tliis and 
the other Provinces, in obedience to lier Majcstie's command, and 
are proceeded toward Qnebec and other places in possession of y** 
enemy, and from whom we hope by the favonr of Almiglily God, 
to receive a good account of their proceeding and success. 

That which Imports us is, so for to be ready for their return, 
as to make provision for the just Payment of y<^ subsistance and 
wages due to our Quota ; and that you may enable the Treasury, 
I have directed y^ Treasurer to lay before you an estimate of y« 
charge, Avhich tho' it cannot be exact, will well enough put y^ 
Representatives into the just consideration of w* is necessary, and 
which I have no doubt you will now i)rovide for. 

I have been a little more early this session than usual, tliat the 
Treasurer may be ready for the return of your forces, and that y^ 
soldiers may not be oblidged to make any long attendance for their 
payment, which will enervate y® charge. 

The Expedition of a French fleet upon the coast this Summer 
oblidged me to strengthen the fort with forty men, the one half 
whereof I have lately discharged, and shall soon reduce the rest 
to your winter j)Ostnre. 

The ordinary Impost & Excise is nearly exj)iring, and ma}' be a 
loss to the Eevenue, if it be not at this time revived as is usual. 

I shall be glad of your good agreement in every thing, and shall 
not be wanting in any thing in my power to put forward her Maj- 
estie's service and the benetitt of all her good subjects depending 
upon this Government. 

J. DUDLKY. 

32 



498 PROVINCE OF NEW-HAMPSHIRE. [1711. 

[p. 405.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth by adj^ on Friday, 
the 14^^ of September, 1711, post 
merediem. 
Present, 
His Excellency, Josejoh Dudley, Esq., Governour, 
W"^ Yaughan, \ Sam^ Penhallow, ^ 

NatW Wear, > Esqrs. John Plaisted V Esqrs. 
Rich^^ Waldron. ) Mark Hunking, ) 

Adj'^ till to-morrow morning, 10 of the clock. 



Province of New Hampshire. 

Att a Council and General xissembly 
held at Portsm® by adj* on Saturday, 
the 15"' day of September, 1711, ante 
merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, <tc., 

W™ Vaughan, Sam^ Penhallow, 

Nath^ Wear, ) -^ John Plaisted, ) -^ 

Rich'^ Waldron, \ ^^^^' Mark Hunkin, \ ■^^^^* 

The Representation of Theodore Attkinson (1) relating 
to the defect of the platforme and Carriages, (fcc, at Her 
Majesties fort, was read at this Board, and a Comittee of 
both Houses appointed to view the same and make Report, 
which was accordingly done and Approved off, as upon file. 
Adj'^ to-morrow, tenn of the clock, ante merediem. 

(1) [From Journal of the Hoitse, p. 25.] 
Sept. 14. 

COPY OF YE MEMORIALL OF THEODORE ATKIXSOX, ESQ. 

May it Please yo'r Excellency : 

According to yo'r Excellencj'^'s Directions I have caused a House to be built for 
covering the carriages, &c., at her Majties Fort Wm. & Mary, and with the Master 
Carpenter viewed what other things were necessary to be done there. We found the 
Platforme Defective in many places, which for the present are mended, but in a little 
time must be new planked. We find the Carriages of ye Guns very Rotten. The 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 491) 

[p. 406.] Province of New Hampshire. 

Att a Council and General Assemljly 
held at Portsmonth on Monday, the IT"' 
of Seiy"^, 1711, by Adj', ante nieredicm. 
Present, 

His Excellency Joseph Dudley, Esq., Governour, <fcc., 

W^^ Vaughan, ) Richard Waldron, ) 

Nath^ Wear, V Esqs. Sam^ Penhallow, [ Esqs. 

Robert Elliot, ) John Plaisted, ) 

Mark Hunking, Esq. 

The following vote was sent upp from the House of Rep- 
resentatives to this Board, viz : 
May it please yoW Honours^ — 

Wee have perused and considered his Excellency's 
Speech, and wee finde by our votes that wee promised to 
Reimburse the Treasurer for Sundryes, which according to 
his Estimate, we think to be about eight hundred pounds ; 
and the other claims from Mr. Treasurer and other people 
that may have just Debts due, being to us yett uncertaine. 

Voted, That the thousand pounds coming into the 
Treasury in December next be Repeated for the payment 
of such promises and Debts as shall be allowed by the 
Comittee and approved off by the General Assembly, and 
the rest of Debts soe allowed wee promise to make pro- 
vision for payment off at our next session, at which time 

Powder house will want caseing before the snow, which with some other Repairs is 
humbly oifered as absolutely necessary to be repaired forthwith. Your Excellency's 
Humble & Obedient servant, Then. Atkinson. 

Read at the Council Board. Upon the representation above said, Ordered, That 
John Plaisted & Mark Hunking, Esqs., be a Committee to joj-n with two of ye Com- 
mittee of ye House of Representatives, forthwith to repaire to her Majesties Fort Wm. 
& Mary and make Report of what the charge of such Reparation in the Representa- 
tion mentioned will amount to. Cha: Story, Secy. 

Voted, That Mr. James Rendell and Geo. Jaffrey be of the Comittee of this 
House to joyne with the Comittee for the above service. 

Sam. Keais, Clerk. 



500 PROVINCE OF NEW-HAMPSHIRE. [1711. 

wee hope care may be taken for the comittee to make their 

Keturne. 

Past the House of Representatives. 

Sam^^ Keais, clerk. 
17^^ Sep^ 1711. 

Read in Council and consented to unanimously, and or- 
dered that a Bill be Drawn by the Secretary accordingly. 

Cha: Story, Secretary. 

Prorouged till Monday, the 8^^ of October next, 10, ante 
mere diem. 

[p. 407.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsm^ by His Excellency's Es- 
pecial command on Monday, the 8*^ of 
October, 1711. 
Present, 
Peter Coffin, ) Richard Waldron, ) 

W^ Vaughan, > Esqs. Sam^ Penhallow, > Esqs. 

Nath^ Weare, ) John Plaisted, ) 

Mark Hunking, Esq. 
His Excellency's Letter of the 1'* October, 1711, was 
read at this Board, in hasc verba : 

Boston, October l^S 1711. 
Gentlemen, — 

I desire you upon sight hereof to Intimate a meeting of the As- 
sembly upon Monday, the 8*'^ Instant, and let the Inclosed speech 
be read to both Houses, and use your endeavour to obtaine the 
settlement of the Revenew for the year and the enabUng the 
Treasury to pay the Debts and forces. I pray you to use yo*" skill 
to doe the buisiness and if after three dayes you cann efiect noth- 
ing publish the prorogation and rise with friendship. 
I am yo"" humble serv*, 

J. Dudley. 

To the Honourable 
Major W"' Vaughan, to be 
communicated to the Gentlemen 
of her Majesty's Council of New 
Hampshire. 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 501 

Mr. Secretary was sent down to tlie noiisc of Represen- 
tatives to call them to this Board, wlio accordingly came, 
(1) and his Excellency's Speech was read in ha^c verba 
sequen : 

Gentlemen, — 

The Great Hurry of Affaires refeiTing to the fforces in tlie late 
expedition and the Disposition of affaires of IJcr Majties forces 
depending thereupon will not admitt of my seeing of you at this 
time; and the Expiration of the Act for the Excise and Impost 
being within a few dayes, and the forces returning and just!}- ex- 
pecting their payment has moved me to direct your session at this 
time. 

I suppose there cann be noe doubt of the continueing of the 
Act of Excise and Impost, wdiich is always a Branch of the Bcv- 
enue in all Her Majesties [p. 408.] Dominions & plantations, and 
we have much more need of it at this time of soe great expences 
than at any time heretofore. 

And if there be any other Act cann be brought in to save the 
Land tax I shall be always ready to doe my duty to Her Majesties 
Eevenue and justice to the province for the payment of their 
Debts. 

I must desire you to enable the Treasury by Repeating and 
further Impressing soe many Bills, if you choose that way, as 
will pay the province Debts, which must be done by an Act 
Granting soe much as is soe Raised to Her Majestie for a fund for 
the same, least w^ee disparage our Bills soe as they loose their cur- 
rency and the Goverment their Creditt. 

I pray you to pass thro' these articles in two or three dayes ; 
and I have then directed a further prorogation to be then de- 
clared. J. Dudley. 

Colonel Shadrach "Walton was sent for to know when he 
disbanded his soldiers which went upon the expedition to 
Canada. 

(1) [From Journal of the House.] j 

October 8tli. By an order from his Excellency the House met, 

Present, 

Mr. Speaker, Capt. Hill, 

Mr. Atkinson, Capt. Dudley, 

Mr. Wentworth, Mr, Kendall, 

Capt. Gilman, Mr. Marston, 

Mr. Tilton, CJeo. Jeffrey, ^ 

& ye Clarke. j 



502 PROVINCE OF NEW-HAMPSHIRE. [1711. 

Answered, he disbanded them on Saturday last, the 
sixth instant. 
Adj*^ till to-morrow, 11 of the clock, ante merediem. 



[p. 409.] Province of New Hampshire. 

Att a Council and General Assembly- 
held at Portsm^ by adjournment on 
Tuesday, the 9*^^ of October, 1711, ante 
merediem. 

Present, 
Peter Coffin, ) Eichard Waldron, ) 

W'^ Vaughan, > Esqs. Sam^ Penhallow, \ Esqs. 

Nath^ Wear, ) John Plaisted, ) 

Mark Hunking, Esq. 
The following vote was sent from the House of Repre- 
sentatives and read at this Board, viz : 

Yoted, That his Excellency the Governour be desired 
to Reduce the soldiers at the fort W™ and Mary to the 
usual number for the winter service. 
October d'\ 1711. 
Past the House of Representatives. 

Sam^ Keais, Clerk. 
Read in Council and Consented to unanimously. 

Cha : Story, Secretary. 
Adj*^ till 3 oclock, post merediem. 



1711.] JOURNAL OP COUNCIL AND ASSEMBLY. 503 

Province of New Hampshire. 

Att a Council and General Assembly, 
hold at Portsm'', by adjournm^ on 
Tuesday, the 9"' of October, 1711, post 
mere diem. 
Present, 
W"^ Vaughan, ^ Sam^ Penliallow, ) 

Robert Elliot, 1 ^ John Plaistcd, } Escirs. 

NathMVear, ^-^sqis. Mark Ilunking., ) 

Rich^ Waldron, J 
The following votes being sent upp from the House of 
Representatives, was read at this Board, viz : 

Voted, That two thousand pounds in Bills of Creditt be 
Impressed and signed by the Comittce, and Applyed for 
payment of such Debts as shall be allowed by the Com- 
mittee for Auditing the province Debts, &c ; and approved 
of by the General Assembly, and that a Committee be a[> 
pointed for drawing an Act accordingly. Past by the 
house. Sam^^ Keais, Clerk. 

October 9^% 1711. 
Consented to by tlie Council. 

Cha. Story, Secretary. 

[p. 410.] John Plaisted, Esq., & Mr. Secretary Story, a 
Committee appointed to joyne witli two of the House of 
Representatives to draw upp the Act for Impressing and 
Signing two thousand pounds Bills of Creditt, and the Act 
for Repeating 1000^^ to be collected and paid by December 
next. 

Past by the Council. 

Cha. Story, Secretary. 

Voted, Theodore Attkinson & George Jaffrey, a Commit- 
tee from the House of Representatives. 

Sam" Keais, Clerk. 



504 PROVINCE OF NEW-HAMPSHIRE. [1711. 

Yoted, That the Act for Excise within this province be 
continued for one year from the expiration of the former 
Act. 
Past by the House. Sam^^ Keais, Clerk. 

October 9^% 1711. 

Consented to by the Council. 

Cha. Story, Secretary. 
Adj'^ till 10 o'clock, to-morrow morning. 



Province of New Hampshire. 

Att a Council and General Assembly 
held by Adjournm*, on Wednesday, 
the 10^^ of October, ITll, ante mere- 
diem. 

Present, 
Peter Coffin, ) Richard Waldron, ) 

W^' Yaughan, > Esqrs. Sam^ Penhallow, > Esqrs. 
Nath^ Wear, ) John Plaisted, ) 

The following vote being sent upp from the House of Rep- 
resentatives, (1) was read at this Board : 

Yoted, That M' Speaker and Mr. George Jaffrey be a 
Committee to joyne with some of the Council to view what 
stores is Returned, <fec., from the late expedition, &to dis- 
pose of such of them as they think best for the province 
advantage ; And the rest to be Housed in the magazine. 
10 October, 1711. 
Past by the House of Representatives. 

Sam" Keais, Clerk. 

Read at the Council Board, and voted that Richard Wal- 
dron & Mark Hunking, Esqrs., be a Committee to joyne 
with the Committee of the House of Representatives. 

Cha. Story, Secretary. 

(1) [From Journal of the House.] 
jNIemorandum. Capt. Gilinau and Mr. Epha. Mastou absented themselves with- 
out leave. 



1711.] JOURNAL OF COUNCIL AND ASSEMIJLY. 505 

[p. 411.] Tlic several Bills following liaviii<r l)ccii three 
several times read, were past to be enacted and consented 
to by his Excellency the Govern'', and by him signed ac- 
cordingly, viz : 

An xVct for Continuing the Dutys of Excise, &c. 

An Act for Emitting Bills of Creditt, <fcc. 

An Act for Repeating one thousand pounds, <tc. 

I doe hereby prorouge the General Assembly of the prov- 
ince of New Hampshire, to Thursday, the fifteenth day of 
November next. 

Given under my hand, 

J. Dudley. 

And accordingly, the General Assembly of this province 
is prorogued to Thursday, the fifteenth day of Novemljer 
next. 



[p. 412.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsm", by his Excellencye's 
Especial Directions, on Tuesday, the 
30^^ of October, 1711. 
Present, 
W°^ Yaughan, ^ John Plaisted, ) ^ 

Robert Elliot, VEsqrs. Mark Hunking, j ^^'i''** 
Sam" Penhallow, j 
The foil. Letter was read at this Board, in ha3c verba : 

Boston, 25th Octol/, 1711. 
To the Gen" Assembly. 
Gentlemen, — 

Two dayes since L* General Xicliolson arrived here, and the As- 
sembly, sitting, have had conference with him, and he gives ac- 
count that the several Goverments westward are petitioners by 
their Addresses, that Her Majestic will be pleased in Her Loyal 
Regard to Her provinces in North xVmerica, to Renew the expedi- 
tion the next year. And the Assembly now sitting have agi-eed 
the same, and their Committees are now drawing their Address. 

I desire and Direct that there be an Extraordinary session bf 



506 PROVINCE OF NEW-HAMPSHIRE. [1711. 

the General Assembly of the province of Xew Hampshire, holden 
at Portsmouth, on Tuesday, the 30*^ of this Instant October, for 
the Consideration of an address to Her most sacred Majestic, that 
she will be pleased to Renew the Expedition against Quebeck, 
with humble Representation of your great Distress by the warr, 
and Great poverty and Incapacitye to support yo'^ frontiers at 
Home and a Quota of force abroad ; However humbly to pray 
that wee be not left a prey to the Insults of the enemy. 

Yo'" humble ServS 

J. Dudley. 

L* General Mcholson gives his Service to the 
Gentlemen of the Council and Assembly. 

Mr. Secretary Story, of Her Majestie's prov- 
ince of Xew Hampshire, to be communicated. 

Gentlemen : — 

Upon receipt of this Letter I desire you to communicate it to 
the Gentlemen of the Council, Mr. Speaker Gerrish, and such 
members of the Representatives as are usual, and lett the SheritFe 
be directed [p. 413.] to warn the session accordingly. And I hope 
to enclose a copy of the address of this Goverment, or a minute 
of it, that you may use your own words and method. 

Wee are sensible here that the news of a New Expedition at 
Quebeck will do us service ; and truly, if an Expedition or peace 
doe not relieve us, wee shall be Greatly waisted. 

I doe not Doubt but every body will come into it. I desire Mr. 
Secretary and Mr. Speaker will signe two faire copyes in forme, 
Leaving Room for me. 

And I shall expect it Express, and the Court may Rise upon 
the former prorogation to the time appointed. 

Yo"^ Serv*, 

J. Dudley. 
To the Gentlemen of Her Maj"^« 

Council of New Hampshire. 

The following vote was sent upp from the House of 
Eepresentatives : 
Voted, 

That there be an Address from the House to the Queen's 
most Excellent Majestie, that an Expedition be brought on 
for the Reducing Canada the next Spring, and that Geo. 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 507 

Jaffrey and Theodore Attkiiisou be a Committee to joync 
with two of the Council to draw u})p the said address, and 
that the Speaker signe in behalfe of the House of Repre- 
sentatives. 

30"^ October, ITll. 

Past the House of Representatives. 

Sam" Keais, Clerk. 
Read in Council and Consented to, and ordered that 
Sam" Penhallow and John Plaisted, Esqrs., be a Committee 
of this House to Joyne with the Committee of the Repre- 
sentatives, in drawing said address ; And that Mr. Secre- 
tary Story subscribe and signe the same by order of the 
Council. 

Cha : Story, Secretary. 

[p. 414.] To the Queen^s Most Excellent Ifajestie : — 

Wee your Majestie's most Loyal and Diitifiill subjects, the Gov- 
ernour, Council and Eepresentatives of this your Majestie's prov- 
hice of New Hampshire, in New England, in America, Convened 
in General Assembly, the 30*^^ day of October, 1711, Most humbly 
crave leave to acknowledge yo"" Majestie's most gi'acious favour, 
In the late Important Expedition against Canada which (If suc- 
ceeded) might under God be of unspeakable advantage unto us, 
as well as Enlarging the Territories of yo'^ Majestie's Imperial 
Crowm in these Northern plantations. 

But whereas the Divine Soveraignty was pleased to disappointe 
that noble designe, in which wee yielded a chearfull obedience to 
your Majestie's Loyal Commands, would humbly Crave y* not- 
withstanding the Disappointment, your Majestic would gratiously 
accept of our sincere designe and Endeavours therein. 

Att same time most humbly pray. If in your princely wisdom 
you see meet, that your Majestic w^ould Gratiously please to Re- 
new the Expedition In the Spring, for the lleducing of that Coun- 
try unto your Majestie's obedience. 

And Avhereas one halfe of our men arc Employed against the 
daily Insults of a Barbarous Enemy, which render us very poor 
and feeble, and considering that one-third of our young men at 
least, yearly goe abroad, few of whom returne again, Wee humbly 
begg your Majestie's most Gratious favour respecting our Quota 
of men under the present distressing circumstances, and humbly 



508 PROVINCE OF NEW-HAMPSHIRE. [1711. 

prostrate our selves at yo"" Royal feet — with earnest supplications 
unto Almig-lity God for your Majestie's Long Life, and Success 
unto your Majestie's just arms. 

Wee hegg leave to subscribe 

Madam, yo"" Maj^'*^" most Loyal and 
Dutifull Subjects. 
Signed in presence and by order of the Councill. 

Cha: Story, Secretary. 

Portsm° in New Hampshire in New England, 

30'!^ October, 1711. 
Signed in presence and by order of } 

the House of Representatives, ^ 

Richard Gerrish, Speaker. 

[p. 415.] The General Assembly were Prorouged till the 
15*^ day of November next comeing. 

Mett according ; Prorouged till the 21^* of November 
Curr*. 

Mett accordingly, ProrougecJ till the 22^ Curr*. 

Mett accordingly, Prorouged till the 29^^ Curr*. 

Mett accordingly, Prorouged till the 6"^ X'^^ next. 

Mett accordingly, Prorouged till the 6"' Feb'ry following. 

Mett accordingly, Prorouged till the 7"' Currant. 

]\[ett accordingly, Prorouged till the 14^^ Curr*. 

Mett accordingly, Prorouged till the 25^^ March, next 
ensuing. 

Mett accordingly, Prorouged till the 27*^^ Curr*. 

Mett accordingly, Prorouged till the 30*^ of April next. 

Mett accordingly, Prorouged till the 1^* day of May next. 



Portsmouth, New Hampshire, 

Nov"- 1711. 

[From MS. Correspondence in Secretary's Office, pp. 23—25.] 
Instructions for Henry Newman, Esq.,* resident in Westminster, 
employed by the Governour and Council of this her Majesty's 
Province, at Whitehall: 

*These appear to be a first draft, by Gov. Dudley. 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 509 

You shall upon the arrival of these letters, attend Lieutenant 
General Nicholson & communicate to him the Address now sent 
you, & pray him to countenance & favour you in the presentin<r 
your petitiou; and Accordingly depend upon his advice in all 
things. 

You shall also comunicate the Address & these Instructions to 
Jeremiah Dumer, Esq., Agent for the Massachusetts; S: it may be 
present your Address at the same time, with Colonel ^'idiolson's 
advice. 

You shall by your Memorial represent to her Majesty or my 
Lord Dartmouth, as may be judged best, the sorrowful estate of 
the Province, consisting of uo more than one thousand lighting 
men, in six or seven open \411ages, Avho are always ohnoxiou.s to 
the Inroad of the partyes of Indian and French, and always arc 
upon their guard and scouting. 

Besides the one hundred men that have now for three years past 
been in service by her Majesty's especial command, which is a very 
great charge to the Province ; besides forty men in service at the 
Forts; you shall carefalhj [.?] pray some abatement in the said 
number of men, in any New Expedition, and that the lower Grov- 
ernors of the Jerseys, Pennsilvania, Maryland & Virginia may 
sux)ply men or be charged a sume of money to the assistance of 
the Expedition. 

You shall carefully* move as all the Governors do', that a new 
Expedition may be raised, & that Gen. Nicholson be employed 
therein, who perfectly understands the /b^'cei' of the Provifices, the 
state of the country, and what is to be feared if we be now left. 

You shall pray for a Garrison for the fort at Newcastle in this 
Province of forty men, to be upon the Brittish establishment, who 
need a Lieutenant with them ; Colonel Walton, who has her Maj- 
esty's Commission for a Colonel, being at present Captain of the 
Fort. 

[Not consented to, therefore left out.] 

You will always remember that this Province is next to the 
Eastern Indians, who are the most troublesome upon the Conti- 
nent. 

You shall represent the perfect obedience of this Goverm* to her 
Majesty's Commands in all things, of men, & provisions & trans- 
ports the last year to Port Royal, & this year towards Quebeck ; 
and the heavy Debts that are upon us at this time to be discharged 
upon that account. 

♦Perhaps the word is earnestly.— Ed. 



510 PROVINCE OF NEW-HAMPSHIRE. [1712. 

And we intirely submit ourselves to her Majesty's disposal. 
Signed by order of the Governor & Council. J. D. 

C. S. 

Upon receipt hereof, summon & Communicate these Instruc- 
tions to them, & let them adde, alter or correct what they i^lease. 
They will pardon me to be thus free with them ; it is my sincere 
res^DCct to the welfare of the Province, as well as the necessary 
Expedition of the papers, which must be with me by Monday, 
which is the last day the General will stay. 

You may use the advise of Mr. Speaker, and any member of the 
house of Eepresentatives, if you please. I would have done all 
this in full officially, but you see the time will not admit. Send 
imediately for Mr. Waldron & other Gentlemen of the Council & 
let them proceed in this affair, as they, having mett in Council, 
shall determine. 
Mr. Secretary Story. J. Dudley. 

Nov. 7, 1711. 

Make ready your papers for Whitehall. 
Indorsed — ''For her Majesty's service. — J. Dudley. To Charles 
Story, Esq., Secretary to her Majesty's Province of New Hamp- 
shire, Portsmouth. To be Exprest by Col. Hawthorn, Col. 
Noyes, to Hamilton." 



[p. 416.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth by Prorogation, 
On Monday the fifth day of May, 1712. 
Present, 
His Excell. the Govern^, 
Major Vaughan, V Sam^^ Penhallow, J 

Eobcrt Eliot, > Esqrs. John Plaisted, > Esqrs. 
Nath" Wear, ) Mark Hunking, ) 

Mr. Secretary being sent as a Message to call the House 
of Representatives to this Board they accordingly came,* 

* Members of the House. 

Present, 

Ye Speaker, Capt. Hill, 

Mr, Atkinson, Mr. Jones, 

Capt. Dudley, Mr. Kendall, 

Danl. Tilton, Maj'r Smith, 

Epha. Maston, Geo. Jaftrey, 

Capt. Gilman, Saml. Keis. 



1712.] JOURNAL OP COUNCIL AND ASSEMBLY. 511 

and his Excellency was i)lcascd to make tlic f(jll()wing 
speech, in ha3c verba sequen : 
Gentlemen, — 

The Disaster of Her Majestie's fleet and forces last year lias, as 
wee might Expect, Encouraged the Indian Rebels in tlieir Inroad 
upon us. And wee must be content Early to Apply onr selves to 
our usual method of comeing- into strict Garrisons, fSconting «fc 
marching- in the frontiers, and to the fishing places, to prevent their 
Lodging near us. 

I have therefore Resolved to Double the forces in the province 
of Maine, and Given Orders accordingly. Since my coming hither, 
and Jndge it necessary that there be a party of this i)rovince of 
forty men at least, with proper Officers, to March from Kingstown 
to Cochecho Every two or Three dayes, and that halfe the Militia 
be drawn out to stand ready for a March where the Enemy shall 
be known to Approach us with any Great Number, which is to be 
Expected by an Intelligence from Casco Bay, wliich I shall Com- 
municate to you. 

Her Majestie's fort must also be inforced with the usual number 
for the Summer Service. 

I must alsoe recommend to you the Establishment of the Impost, 
which was abated the last year, and is certainly a Suri^rise to the 
Govermeuts at Home, for that there is every where a Duty upon 
shipping and Trade for the support of the publick Charge, in the 
ease of the Land Tax, which is always heavy upon the Country. 

[p. 417.] In yo^' Ordinary aflaires of the province, I shall shew 
myselfe ready to doe my duty for Her Majestie's service and the 
benefitt of all Her Majestie's good Subjects, as I ought. 

Adj'^ till 3 o'clock, post merediem. 



Province of New Hampshire. 

Att a Council and General Assembly 
at Portsmouth, by adj*, on Monday, 
the 15"' of May, 1712, post merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'', etc., 
Major Yaughan,^ Sam^^ Penhallow, \ 

Robert Elliot, I -p, John Plaisted, V Esqrs. 

Nath^ Wear, ^^sqrs. ^^^^^^ Hunking, ) 

RichMValdron, j 



512 PROVINCE OF NEW-HAMPSHIRE. [1712. 

The following vote was sent upp to this Board from the 
House of Representatives, in hasc verba sequen : 
Pro. N. Hampshir. 

Voted, that his Excellency be desired to give Orders for 
a scout of forty men between Kingston & Cochecho, with 
good officers to Command them, for securetye of our fron- 
tiers. By Order of the House of Representatives. 

Sam^^ Keais, Clerk. 
5*^' May, 1712. 

The Council unanimously Agrees to this vote. 

Cha. Story, Secretary. 

Adj*^ till to-morrow, 10 of the clock, ante merediem. 



[p. 418.] Province of New Hampshire. 

Att a Council and General Assembly 
held at portsmouth, by Prorogation, 
on Tuesday, the 6^ of May, 1712, 
ante merediem. 
His Excellency Joseph Dudley, Esq., Govern^', etc., 
Major Yaughan, ^ Sam^ Penhallow, ) 

Natli^^ Wear, I John Plaisted, S Esqrs. 

Robert Ellott, f Esqrs. Mark Hunking, ) 
Rich^ Waldron, J 

To His Excellency, the Govern'", the Hon^'^^ the Council 
and Representatives in General Court Assembled : 

The humble petition of Samuel Foulsham, Humbly Shew- 
eth, — 

That whereas your petitioner lives between the Bounds 
of the Town of Hampton and Portsmouth, in the province 
of New Hampshire, He is Rated by both of the said 
Towns, and has paid his province Rates to each Town, in 



1712.] JOURNAL OF COUNCIL AND ASSEMBLY. r)13 

wliicli case liumbly craves your Excell. and Tlonour's Re- 
lie fc. 

Your Excellency and Honour's most Humble scrv^ 

liix 

Sam"y[ Foulsham. 

mark. 

Upon Reading this petition, — 

setting forth that the Constal3lc of portsm" has taken 
sixteen shillings for a province Rate for the year 1711, 
And the Constable of Hampton thirty-two shillings for sev- 
eral Rates the said year, both upon pretence of his being 
within the Bounds of their several precincts or Constables 
Rick,* 

Ordered, that the said Foulsham be hereby discharged 
from the payment of any tax to any of the said places for 
the future, untill this matter shall be settled. And the 
Govern'', Council and Assembly give order therein ; upon 
peril of any such Constable's suffering for his Contempt of 
this Order. 

Read in Council, the 6*^ May, 1712. 

Cha: Story, Secretary. 

[p. 419.] And upon further Application of Elias Pliil- 
brook, he having paid the Rates as aforesaid, being of the 
Same Circumstances, that he have the like benefitt of this 
Order with Samuel Foulsham, the petitioner. 

In Council, 

Cha : Story, Secretary. 

Read in the House of Representatives and voted, — 

That noe Rates are taken from the said Foulsham and 
Philbrook by either of the Towns, untill the Bounds are 
sett. 

Sam" Keais, Clerk. 

Adj*^ till 3 o'clock, post merediem. 

* liic or rick,— a. district over wliich government is exorcised.— Web. Die. 
33 



514 PROVINCE OF NEW-HAMPSHIRE. [1712. 

Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth, on Tuesday, the 
6^^ day of May, Anno Domini 1712, 
post merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Govern^, 
Major Yaughan, ^ Sam^^ Penhallow, ^ 

Robert Elliot, > Esqrs. John Plaisted, V Esqrs. 
Natli^^ Wear, ) Mark Hunking, ) 

Timothy Gerrish (1) was sworn as a member of the 
House of Representatives, and took the oaths appointed by 
Law, and subscribed the Test and Decl"^, &g. 

Ordered, that all Bills of Creditt of this province., being 
any way Defaced, that may be made Certaine to be true Im- 
printed Bills, shall from time to time be changed by the 
Treasurer of this province. 

The Petition of Nath" Wear, on behalfe of himselfe and 
the Inhabitants [p. 420.] of the new parrish of Hampton, 
was read at this Board, and sent Down to the House of 
Representatives, in hsec verba sequen : 

To His Excellency Joseph Dudley, Esq., Govern'" and Commander 
in Chiefe, and the Honourable the members of the Councill m 
the province of New Hampsliire ; And the Members now sitting 
in General Assembly. 

The Humble Address and petition of Nath^' Weare, in behalfe 
of himselfe and diverse others, on y"" desire, who are Her Majes- 
ties Loyal and Dutifull Subjects belonging to the New parish at 
Hampton ffalls, Most Humbly sheweth, — 

That although wee are comed to a Good measure of settlem' 
through God's good X)rovidence among us, both to Church and 
Ministry, to the Great Satisfaction of all as farr as wee know, 

(1 ) [From Journal of the House.] 
May 6tli. Upon ye death of Mr. Ezekiel Wentwortli, Capt. Timodiy Gerrish was 
chosen a Representative from the Town of Dover, and Sainl. Penhallow, Esq., came 
with Mr. Secretary Story, and gratifyod ye said Capt. Gerrish by administering the 
oaths, &c., appointed. And the sd. Capt. Timothy Gerrish is admitted a member 
accordingly. 



1712.] JOUKNAL OF COUNCIL AND ASSEMBLY. ' 615 

And tlie Town in General, to Raise a tax for tlio support of cacli 
minister as by the said order may appear; Yett there arc several 
charges tliat doth arise that are proper, particularly by tliose tliat 
belong to our parish, to be paid, as wood for to be provided for 
our minister, and fencing the parsonage Land, and for paying the 
schoolmaster, and several Charges that doth llise relating to Min- 
ister and schooling, which cannot be equally discharged, or prom- 
ises justly performed, without a Tax on the Inhabitants in this 
IDarish. 

Wgg therefor pray that wee may have liberty and power to con- 
vene the Inhabitants together that belong to this parish from time 
to time, to Consider and Agree about those things that are need- 
full as to the ministry and schooling ; And that wee may choose 
assessors among our Selves to be joyned with the Select men that 
belong to our parish, to assess the estates of the Inhabitants be- 
longing to our parish, for the Defraying of all such charges as 
shall from time to time [p. 421.] Arise Relating to these Affaires, 
all being Concerned in this affaire that live westerly of the Line 
Returned by the Committee, and that such Taxes shall be col- 
lected and Gathered by the Constables from time to time, and 
paid according to Order of said assessors : all which as in your 
wisdom shall see meet. 

And your petioners, as in Duty Bound, shall ever pray, &c. 

Nath'i Wear. 

The aforesaid petition was sent back from the House of 
Representatives to this Board, with the following Returne 
in ha3C verba sequen : 
Pro. N. Hampshr. 

Wee are huml)ly of opinion that the petitioner be Re- 
ferred to the General Town meeting of Hampton ; by order 
of— 

The House of Representatives. 

Sam" Keais, Clerk. 

The Council Consents to the Reference above and directs 
the Inhabitants of Hampton to proceed thereupon at next 
Town meeting and make a Returne to the next General ^ 
Assembly of this Province. 

Cha: Story, Secretary. 

Adj*^ till tenn o'clock to-morrow morning. 



516 PROVINCE OF NEW-HAMPSHIRE. [1712. 

[p. 422.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth, by adjournm*, on 
Wednesday, the 7*^ day of May, Anno 
Domini 1712. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, &c., 
W"' Yaughan, ) Sam^ Penhallow, J 

Nath" Wear, > Esqrs. John Plaisted, > Esqrs. 

Richard Waldron, ) Mark Hunking, ) 

The Petition of William Partridge, Relating to his being 

Grosly abused by Capt. Armstrong, was Read at this 

Board, in haec verba sequens : 

To His Excellency Joseph Dudley, Esq., Capt. General and Com- 
mander in Chiefe of Her Majestie's provinces of the Massachu- 
setts, New Hampshire, &c., and Vice Admiral of the same, and 
to the Honourable Her Majestie's Council : 
The Humble petition of William Partridge, Inhabitant and free- 
holder in the Town of Portsmouth, in the province of ISew Hamp- 
shire, sheweth, — 
That your petitioner sometime in October last past was in his 

own House, at which time one Caio* Armstrong with two of 

his men, forceably entred your petitioner's House, seized his per- 
son and forceably carried him on Board said Armstrong's vessell, 
there kei^t liim several Dayes uuder pretence of your j)etitioner hav- 
ing a hand in Concealing or Convening away one Rust, a soldier ; 
on Board said Armstrong Punished your petitioner at his 
pleasure, and forced liim to signe a writing, but what it was yo"" 
loetitioner knoweth not, save onely as is Reported that it was for 
Listing him a soldier ; then Turned your petitioner on shoar ; But 
now said Armstrong is come hither againe and Demanded at your 
[p. 423.] Petitioner's House for Him : That your petitioner is 
under Great fear that the said Armstrong will do him Injury, as 
at first. 

Your petitioner doth therefore humbly pray Your Excellency's 
favor in this case soe farr as that your i^etitioner may be secured 
from such violent Actions of said Armstrong, and his person Pre- 
served in such manner as in yo"" Excellency's Wisdom shall see 
meet. Soe prays your Excellency's most 

Humble servant, 

W°' Partridge, Jun. 



1712.] JOURNAL OF COUNCIL AND ASSEMBLY. 517 

111 Answer to this petition It is supposed by the Honour- 
able the Council, that noe person [?] will presume to take by 
force any of Her Majestie's Subjects out of this province. 

However, It is Ordered that the Justices and Iligli Slier- 
iffe of this province take care that none of Her ^Majestie's 
said Subjects be taken or Carried away out of the said 
province without the Knowledge and Approbation of the 
Goverment, Agreeable to Law. 

Consented to in Council, 

Cha: Story, Secretary. 

Some proofs upon file relating to this petition. 

Adj'^ to 3 o'clock, poste merediem. 



[p. 424.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth by adjourm*, on 
Wednesday the 7*^ of May, 1712, post 
merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'', 
William Vaughan, ) Sam" Penhallow, ) 

Nath" Weare, > Esqrs. John Plaistcd, > Esqrs. 

Richard Waldron, ) Mark Hunking, ) 

These are to certifie that Salathiel Denbow was Imprest 
for the Expedition to Canada last Summer. 

James Davis, Cap*. 
Dover, April 29^^ 1712. 

These are to certifie that Salathiel Denbow was wounded 
in her Majestie's service in the late expedition to Canada, 
having his thigh broke and a fracture in the skull. 

James Jaffrey, Cap*. 

Portsm° March 27^% 1712. 

7*^ May, 1712. Read and Recommended to the Repre- 
sentatives for subsistance and satisfaction. 

Cha : Story, Secretary. 



518 PROTINCE OF NEW-HAMPSHIRE. [1712. 

Voted, That there be paid unto the said Salathiel Den- 
bow from the Treasury Tenn pounds for subsistance and 
satisfaction. 

P. order of the House of Representatives. 

Sam^^ Keais, Clerk. 
7*^ May, 1712. 

Consented to by the Council. 

Cha : Story, Secretary. 
The following vote was sent upp from y^ House of Repre- 
sentatives, in h^c verba sequen : 

Voted, That there be seven soldjers added to them at 
Her Majestie's fort at New Castle for the Summer Service. 
Past by the House. 

Sam" Keais, Clerk. 
7*^ May, 1712. 

Consented to by the Council. 

Cha : Story, Secretary. 
Adj^ till to-morrow morning 10 o'clock, ante merediem. 



[p. 425.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth, on Thursday, the 
8*^^ day of May, 1712, Ante Merediem. 
Present, 
W'^ Vaughan, ) Sam" Penhallow, ) 

Nath" Wear, > Esqrs. John Plaisted, v Esqrs. 
Rich*^ Waldron, ) Mark Hunking, ) 

The following note was sent down to the House of Rep- 
resentatives, in hsec verba sequen : 

Upon a message of the House of Representatives Refus- 
ing to lay any dutyes of Impost upon Goods & Merchandize, 
The Council take leave to Represent to the Govern"" that 
they are very willing to come into any Act for the Estab- 
lishm'cnt of a just Impost upon the Trade of the province, 
as has been used in all past times, and as in force in all 



•* 



1712.] JOURNAL OF COUNCIL AND ASSEMBLY. .^lO 

other Her Majestie's Govcnimcnls in America ; Tlicreby 
to assist & ease the Land Tax, which is very licavy upon 
the Husbandry of the province, if it mij^lit be obtained ; 
And this they Judge to be their Duty to Her Majestic and 
all Her Majestie's Good Subjects within this province. 

Read in Council, 8"^ May, 1712. 

Cha : Story, Secretary. 

The Petition of John Hinkes, Esq., was read at this Board 
Relating to an action Commenced ag^ him by John Cross, 
and for money due to him from this province, <fec., as on 
file, — 

Whereupon his Excellency the Govern'' was humbly de- 
sired in Council that nothing may be done In Answer to 
the said petition to stopp the proceedings of Law and Jus- 
tice ; there being Judgement ag* the petitioner, In Her 
Majestie's Inferio^' [p. 426.] Court of Common pleas in 
this Province, and that the Committee of publick acc^^ re- 
ceive any Challenge of Debt upon the province, from the 
petitioner, and to Report the same to the General Assembly. 

Sent down to the Representatives for Concurrence. 

In Council, 

Cha : Story, Secretary. 

Read in the House of Representatives and Concurr*^ with 
the Council's Opinion. 

Sam^^ Keais, Clerk. 

Adj^ till to-morrow morning, 10 of the clock, ante mere- 
diem : 



520 PROVINCE OF NEW-HAMPSHIRE. [1712. 

Province of New Hampshire. 

Att a Council and General Assembly 
held by adj^ at Portsmouth, on Friday, 
the ninth day of May, 1712, ante mere- 
diem. 

Present, 
His Excellency the Governour, 
W°^ Yaughan, ) Sam" Penhallow, ) 

' Nath^ Wear, [ Esqs. Jn« Plaisted, [ Esqs. 
Eich^^ AValdron, ) Mark Hunking, ) 

The following petition was read at this Board, in lisec 
verba Sequen : 

To His Excellency Joseph Dudley, Esq., Capt. General and Gov- 
ernour in Chief e, iii and over Her Majesties provinces of the 
Massachusetts and N'ew Hampshire, &c., and to the Honourable 
the Council noiv sitting at Portsmouth, together with the Bep- 
resentatives in General Assembly: 

The Humble petition of the Poor Inhabitants of the Townshipp 
of Kingstown within said pro\dnce of IS'ew Hampshire, Shew^eth, 
Whereas, the Inhabitants of the Said Town have hitherto on 
ace* of the Warr been cleared from all publick charge, and the 
enemy now insults us as much [p. 427.] as ever, and there now be- 
ing a Rei)resentative required of us, our circumstances being in a 
very Low Condition, and the enemy like to be as troublesome as 
ever they have been : 

Yo"" Petitioners therefor humbly prays yo*" Excellency and the 
Honourable the Council, that wee may as yett stand on the Estab- 
lishment wee did before, till such time as your petitioners are 
better able ; Wee humbly submitting our selves to what your Ex- 
cellency and the Honourable the Council shall Judge meet. 
Soe prays yo'' humljle Petitioners, 

Jon*^ Sanburn, In behalfe of the Town. 

Upon Reading this petition, The Council Declares that 
they are very sensible of the good service of the Inhab- 
itants of Kingstown and the hardshipp they labour un- 
der in and shall use all methods for their Encouragement. 

And tlicrefor Recommend to the Representatives the 
prayer of being eased of the present tax and of the at- 



1712.] JOURNAL OF COUNCIL AND ASSEMBLY. rj21 

tendance of a Itcprcscntative During the jircscnt Distress 
untill further order. 

Read In Council. Clia : Story, Secretary. 

Pro : N. Hampshire. 

Voted, That the town of Kingstown l)e excused from 
sending a Representative & paying any part of the prov- 
hice charge for the present year, provided they assist the 
scouts with pilots at their own charge whenever required. 

May 9"\ 

Pr. order of the House. 

Sam^^ Keais, clerk. 

Consented to by the Council. 

Cha : Story, Secretary. 

Adj*^ to 3 o'clock, post merediem. 



[p. 428.] Provmce of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth by adj* on Friday, 
the 9"' day of May, 1712, post mere- 
diem. 

Present, 
His Excellency Joseph Dudley, Esq., Governour, 
W™ Yaughan, ) Sam" Penhallow, ) 

Nath^ Wear, [ Esqs. John Plaistcd, \ Esqs. 
Rich*^ Waldron, ) Mark Hunking, ) 

The following Petition was read at this Board, in lia^c 
verba sequen : 

To his Excelleiicy the Governour, the Honourable the Council, 
and Bepresentatives in General Court assembled: 
The humble petition of Edward Toogood, Kobert Almcry, Ed- 
ward poUy and Roger Swaine Humbly sheweth, — 

That whereas your petitioners did each of us, by order and 
command of the authority in y« place, take care to Dyett, Lodge, 
Nurse and provide for sundry sick and weak men cast away at 
Boon Island and brought liitlier in December or January, 1710-11, 
whom wee did with much Trouble and paines look after until 



522 PROYINCE OF NEW-HAMPSHIRE. [1712. 

they were in some measure Kecovered and were discharged by the 
said Authority, for which wee were promised Good satisfaction, 
but as yet, altho' wee have ah-eady made application to the last 
General Assembly wee cann obtaiue noe beliefe or Satisfaction ; 

We therefore now humbly Eenew our Addresses to your Ex- 
cellency and Honours, that our Accounts jrhj be i)erused and al- 
lowed, and what reasonable satisfaction you shall see meet may 
be made us. Wee are 
Yo"" Excellency's and Honours most humble serv^% 

Edward Toogood, 
Eob*. Almery, 
Edward Polly, 
Koger Swaiue. 

[p. 429.] The aforesaid petition was read in Council & 
Recommended to the Representatives for payment, least the 
Government be Reflected upon for neglect of the publick 
charitys to distressed persons of our own nation. 

Cha : Story, Secretary. 

The following vote was sent upp from the House of Rep- 
resentatives, viz : 
Province of New Hampshire. 

Voted, That his Excellency be desired to allow there 
may be a Breife* in the several parishes, within this 
province, for the satisfieing the persons who took care of 
the men brought from Boon Island by the Christian Charity 
of the people of the said parishes. 

May 9"\ 

Past by the House of Representatives. 

Sam" Keais, Clerk. 

Consented to by the Council. 

Cha: Story, Secretary. 

Voted, That every minister called and Qualified accord- 

*Brief,—a, letter-patent, from proper authority, autliorizing a charitable collection, 
&c.— 1Feb. Die. 



1712.] JOURNAL OF COUNCIL AND ASSEMBLY. 528 

ing to the Law of the province shall at all times have a 
serv* free from any Impress. 

Sam' Keais, Clerk. 
By order of the house of Representatives. 

Sam' Keais, Clerk. 
Consented to by the Council. 

Cha : Story, Secretary. 
Adj*^ till to-morrow morning, 10 of the Clock. 



[p. 430.] Province of New Hampshire. 

Att a Councill and General Assembly 
held at, Portsmouth hy adjournm^, on 
Saturday, the 10"^ of May, 1712, ante 
merediem. 

Present, 
His Excellency Joseph Dudley, Esq., Govern'', 
W^ Vaughan, \ Sam'' Penhallow, ) 

Nath' Weare, [ Esqs. John Plaisted, > Esqs. 

Richard Waldron, ) Mark Hunki ng, ) 

Province of New Hampsh'". 
To His Excellency the Governor and Hon'ble the Council now 

sitting at Portsmouth: 

I had the Honour of commanding the soldjers at the fort AV"^ 
and Mary last year, during which time, according to your Excel- 
lency's directions, the men were often changed from eight to forty, 
and by the request of the Commanders from whence tliey came, 
and the ease to the people, they were shifted some a week and 
some two, as you may see by the muster Roll, some longer; and 
those men coming from Tenn Companyes, shifting almost every 
one at different dayes, caused me continual Trouble. AVlien I put 
in the muster Roll I i)ut an article of Double Scntiual's ])ay for 
my service, which was thought litt by the Committee as their Re- 
turne will manifest, but Referred to the General Assembly by 
reason as is thereon mentioned. 

However, when it came to the House of Representatives they 
thought it too much ; I then desired they would allow me thirty 
pounds wh^^ is but four pounds more than the meanest Sentinel 
Receives from the Treasury, which not being allowed causeth my 



524 PROVINCE OF NEW-HAMPSHIRE. [1712. 

troubling yo'" Excellency and Honours for yo^ opinion In the mat- 
ter; [p. 431.] and if my request of thirty pounds be thought too 
much I shall humbly submitt to what you order, and crave leave 
to subscribe yo"^ 

Excellency and Hon""^ humble servant, 

Theo. Attkinson. 

Read in Council the 10^^ May, 1712. 

The Council are of oi3inion that Mr. Attkinson's demand 
is very reasonable, and Recommended to the Representa- 
tives accordingly ; And the Council are very sorry the 
province is not able to give liim Lieutenant's pay, as he well 

deserves. 

Cha. Story, Secretary. 

The House Concurr in the Allowance of thirty pounds to 

Theodore Attkinson, Esq., for service at the fort W" and 

Mary. 

May 10^^ 

Per Order of the House, 

Sam^ Keais, Clerk. 

The two following votes was sent upp to this Board from 
the House of Representatives, viz : 

Forasmuch as Ignorance, ill manners and Irreligion are 
propagated by many parents & masters by neglecting to In- 
struct youth under their care, &c. ; It shall be Lawfull for 
the select men, with a Justice of the peace, to Examine all 
youth of Tenn years of Age whether they have been taught 
to Read, and all which cannot Read at said Age, to binde 
out to good masters, who shall be oblidged to Learn them to 
Read and Write, till they shall be of Age, <fec. 

10"^ May, 1712. 

Voted in the House of Representatives. 

Sam" Keais, Clerk. 

Consented to by the Council. 

Cha. Story, Secretary. 

[p. 432.] That whosoever shall Refuse or Disobey the 
Orders of his Officer in Repairing to and doing his Duty at 
the Garrison to which he is appointed, or neglect any ser- 



1712.] JOURNAL OF COUNCIL AND ASSEMBLY. .525 

vice in scouting or marching, for which he is Tinprcs.scd or 
Commanded by his Captainc, shall ])C fortlnvitli sent down 
to Her Majestie's fort W'" and Mary, tliere to serve tcnn 
dayes, and soe much Longer, Untill the ('liai-ges acci-ewing 
by his disobedience be paid, And the Commanders of the 
fort shall receive them and Improve them accordingly. 

10*^ May, 1712. Voted in the House of Representatives. 

Sam" Keais, Clerk. 

Consented to by the Council. 

Cha. Story, Secretary. 

The Committee's Report about the publick Debts of the 
province, with the Representatives' allowance thereupon, 
was read at this Board, in hose verba scquen : 

[p. 433.] Province of New Hampshire. 

Att a Committee for Auditing the pub- 
lick Acc*^ of the province, held at 
Portsm«, the 17"^ Dec'^^ 1711. 
Present, 
Robert Elliot, ) Theodore Attkinson, J 

John Plaisted, > Esqrs. Joseph Smith, \ Esqrs. 

Mark Hunking, ) Mr. George Jaffrey, ) 

Mr. Treasurer Penhallow, Ace* No. (1), for 1710 & 
1711, was distinctly read and his voucher pro- 
duced, Allowed and approved of, and ballance 
due to the said Treasurer, 9 : 2 : 9 

Adj*^ till to-morrow morning, tenn of the clock, 
ante mere diem. 

Mett accordingly, and present as above. 

Mr. Treasurer Penhallow's Accts. about the Canada 
Expedition, No. (2), Am° to 1001: 0: 10, Al- 
lowed and approved of, Excepting 1 : 13 : 8, soc 
there Remaines due to the said Treasurer, 999 : 7 : 2 

Adj^^ till Monday, the 7"' January next. 



526 PROVINCE OF NEW-HAMPSHIRE. [1712. 

Mett accordingly, and all present as above. 

Mr. Treasurer's Acc'% JSTo. (3), for Subsisting of Sold- 

jers at Her Majestie's fort, Anno 1711, Allow*^, 91 : 4: 6 

1099: 14: 5 
Adj*^ till to-morrow morning, 10 of the clock. 



[p. 434.] Province of New Hampsbire. 

Att a Committee for Auditing the 
publick accts., held at portsm'^. by 
adjournment, on Thursday the 2V^ 
March, 1712. 
Present, 
Kobert Elliot, ) Theodore Attkinson, ^ 

John Plaisted, > Esqrs. Joseph Smith, > Esqrs. 

Mark Hunking, ) M' George Jaffrey, ) 

Brought over, 1099:14: 5 

4. Colonel Shadrach Walton's muster Eoll, Refer<^ to 

the General Assembly, with the iDOstage Bill, 323 : : 

5. James Jaifrey's Muster Roll, with the postage Bill 

referred to the General Assembly, 310 : 17 : 7 

6. Dr. Ellis, Ms Acct., No. (6), Referrd to the Gen- 

eral Assembly, about the charge of sick Sold- 
jers of Kew Hampshire. 

7. Major Joseph Smith's Accts., about postage, allow*^, 16: 4: 
9. Mr. Fellows' Acct., about Expences of the Com- 
mittee, ' 3: 6: 5 

9. Mrs. Elizabeth Hai-vey's Acct. about Expences of 

the Governour, Council, &c., Allowed, IG: 5: 10 

10. Alexander Miller's Ace*, about postage, &c., Al- 

low^ 10: 11: 6 

Adj^ till the 8^^ of April next, 10 o'clock, ante 
merediem. 

Mett accordingly, and adj*^ till the 29^^ of April, 
1712. 

11. James Kendal's Acc*^ Referr^ to the Assembly, 

Allow^ 1: 4: 

1781: 3: 9 



1712.] JOURNAL OF COUNCIL AND ASSEMBLY. 527 

[p. 435.] Province of New ITampsliirc. 

Att a Committee for Audit iiig tlie 
publick Acc^' of tlie Province held at 
Portsm% on Monday the fiftli of May, 
1712. 

Present, 
Robert Elliot, J Theodore Attkinson, ) 

John Plaisted, > Esqrs. Joseph Smith, [ Esqrs. 

Mark Hunking, ) Mr. George Jafifrey, ) 

Brought over, 1761: o: 9 

12. Theodore Attldnson, Esq., his muster Roll, about 

the fort W^ and Mary, Ainto 1711. All the Ar- 
ticles in the said Muster Koll allow'^, Excepting 
the last Article, Relating to Mr. Attkinson, 
vrhich is thought Reasonable by the Committee, 
but Referr*^ to the General Assembly, there be- 
ing Noe Establishment, 324 : : 

13. Mr. Secretary Story's Acct., Allow*^ forty pounds 

in full thereof, 40: 0: 

14. Colonel Walton's Debenter, about his pay in the 

two Expeditious, one to Fort Royal the other 

to Canada, allowed, 14 : : 

15. Sam^ Penhallow, Esq., Ms General Ace* of pro- 

visions, Referr'i to the General Assembly. 

16. Colonel Packer's Ace*, about Boon Island Sailors, 

that vrere brought off there almost starved and 
froze to death, Referr'i to the General Assembly. 

17. Roger Swaine's Accts., Relating to Ditto, Referr^ 

to the General Assembly. 

18. Robert Almory, his Accts. Ditto, Referr'i to the 

General Assembly. 

19. Edward Toogood, his Accts. Ditto, Referr'^ as 

above. 

20. Colonel Packer's Acct., about entertaining the 

Lieut. Governour, Council, &c., AIIoaV^, 18: 11: 11 

21. Thomas Phipps, Esq., High Sherilic, his Accts. 

for attending upon the Govern"" and Council 

and summoning the Council, &c., Alio w*^, 10: 0: 

2187: 15: 8 



528 PROVINCE OF NEW-HAMPSHIRE. [1712. 

22. [p. 436.] Edward Polly, his Acct. relating to Sail- 

ors brought from Boon Island, almost perished, 
Referr^ to the General Assembly. 

23. Capt. William Pepperel's Accts., relating to the 

Joanna Transports, Eeferr^ to the Gen^ As- 
sembl}^ 

24. Samuel Penhallow, Esq., his accts. of Disburse- 

ments, allow^ 190: 2: 10 

25. Colonel AValtchi's Muster Roll upon a late Expedi- 

tion Eastw<i, Referr^ to the Assembly, 49 : 19 : 

26. Capt. Gilman's Muster Roll, allows 5: 3: 

27. Major Smith's Acct. about 2 Soldiers at Colonel 

Hilton's Garrison, 7: 4: 

6th May, 1712. 

Wee, whose names are hereunto subscribed, having perus- 
ed all the Accts. before mentioned and well considered the 
same, doe finde justly due to each person the several sumes 
sett opposite to their names and n^ of each man's Debenter, 
and other accts. and muster Rolls, whose sumes are not 
sett opposite as aforesaid, are Referr'^ to the General As- 
sembly. 

Joseph Smith, Robert Elliot, 

Theodore Attkinson, John Plaisted, 

Geo. Jaffrey, Mark Hunking. 

28. Benjamin Akerman, for liis Attendance on the 

Council and Assembly, 5 : : 

29. Selathiel Denbo, pr order of the General Assem- 

bly, for his being wounded in Her Maj''^^ 
Service, 

30. Capt. Wincal's portlidge* Bill, allow^, 

31. Clement Deerings, portlidge Bill, allow^, 

32. [p. 437.] Roger Swaine, for Dyetting Soldjers, 

33. Allowed to Abraham Remmick more than what 

he is allow^ in the Muster Roll for his wages. 



* Portage ?— a carrying place over land between navigable waters. 



10: 


0: 





81: 


2: 


2 


45: 


15: 


6 


0: 


8: 





2: 


0: 





2584: 


10: 


2 



1712.] JOURNAL OF COUNCIL AND ASSEMBLY. r>2J> 

The foregoing Acc^^ am" to two thousand live liundi-cd 
eighty-four pounds, tenn shillings and two pence, allowed 
by the House of Representatives. 

F. order of the House, 

May 10th, 1712. Sam^ Keais, Clerk. 

May 10th, 1712. This Returne of the Committee with the 

allowance of the General Assembly, being read at this 

Board, was consented to by the Council, Avho desire the 

Goverm^ to Issue out warrants to the Treasurer for the 

payment of each person the several Sumes allow' tliem 

out of the Treasury accordingly. 

Cha. Story, Secretary. 

The following vote was sent to this Board, in ha?c verba 

sequen : 

The Returne of the Committee in May, 1710, allowed to 

Major W™ Yaughan two hundred pounds, provided Colonel 

Partridge make it appeare to the General Assembly that 

he did not receive that sume for or on Ace* of the said 

Major Yaughan. 

Yoted, 

That on the Certificate of Colonel Partridge that ho hath 

not Received the [ p. 438. ] aforesaid sume for Major 

Yaughan, that the said Major Yaughan shall be paid two 

hundred pounds out of the first money that comes into the 

Treasury, after the Debts this day allowed to be Dew are 

paid. 

May 10th, 1712. 

P. order of the House, 

Sam^^ Keais, Clerk. 

Read at the Council Board, Eodem die, and consented 

to by the Council, nomine contradicente. 

Cha. Story, Secretary. 
34 



530 PROVINCE OF NEW-HAMPSHIRE. [1712. 

[p. 439.] Province of Xew Hampshire. 

At a Council and General Assembly 
held at Portsmouth, the 9tli day of 
October, 1712. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Major Yaus'han, ) ^ John Plaisted, ) -^ 

Sai>Penhallow; \ ^^^'^^- Mark Hunking, j ^^^''^• 

John Wentvorth, Esq. 
Mr Secretary Story was sent as a Message to the House 
of Representatives to call them to this Board, who accord- 
ingly came, and his Excellency was pleased to make the 
foil, speech, in hgec verba sequen : 

Portsm^ 9th October, 1712. 
Gentlemen. — 

I am glad to meet you after soe difficult a summer, wliereiu vree 
have had soe many Inroads of the enemy, of all sides, by wliicli 
notwithstaudiug wee have suflered soe little loss. 

I am sensible of the Great Deligeuce of the officers and faith- 
full service of the scouts & parties at all times abroad, for which 
I doubt not of your care in their payment, as well as to lett them 
know that their service has been very acceptable to the Govern- 
ment. 

I cann alsoe assure you that wee are not forgotten at Home ; 
Her Majestie, iu Her princely AVisdom and care for Her good sub- 
jects in the provinces of North America, has brought forward a 
peace with France, upon such Honorable aud Advantageous Ar- 
ticles that will in all i:)arts of the world, where [p. 440.] BrittaiDes 
Dwell, Demonstrate Her Majestie's superior Interest and i)ower 
in the Goverment and Decision of the Affidres of Europe, wliich 
wee are in Expectation to Beceive, aud will bring us the Blessings 
of peace wliich every good man will have the joy of. 

Colonel Kednapp, Her Majestie's Engineer, lays before you the 
licpaire and work at her Maj""'' fort AVilliam and ]\Iary, in which 
I am well assm-ed of his good Husbandry, And tliink it best that 
the Committee of those works make their visitt there and Eeport 
10 you, with Colonel Bcdna2:)p, what is Bemaining necessary to be 
done. 

Mr. Treasurer will give you the present state of your Debts 
and what is necessarv. 



1712.] JOURNAL OP COUNCIL AND ASSEMBLY. 531 

You will hr'mg forward ^nch afTairs of tlic Govoniinoiil a« arc 
before you, in which I shall not be wanting- to doe my duty to 
Her Majestie and all Iler good subjects within this Govcrinent. 

Adj'^ till 3 o'clock, post merediem. 

Mctt accordingly and adj'^ till to morrow 10 of tlic clock, 
ante merediem. 

[p. 441.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth, the 10th October, 
1712. 

Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Peter Coffin, ) ^ Robert Elliot, ) -,, 

Mninv Vniio-bnn ( ^^qrS. ^^ . Ppnbnllr^w ( ^^SqrS. 



Major Vaughan, ) ^ ' Sam^ Penhallow, 

Theodore Attkinson, Esq., one of the members of the 
House of Representatives, brought to this Board an answer 
to his Excellency the Governor's speech, in hcec verba 

sequen : 

Portsm^ October 10th, 1712. 
IfciT/ it please yd'r Excellency, — 

Wee are glad to see your Excellency here with the welcome 
news of an approaching happy peace, and are thankfnll to the 
officers for their faithfull and diligent Attendance on the scouts 
this summer, and shall take care for their payment soe soon as 
their Muster Rolls shall be allowed of. 

Wee are very well satisfied with Colonel Rednapp's Ace* of his 
frugally Disposing of the mony for the service of Her Majestie's 
fort W" and Mary, and shall appointe a Committee of onr House 
to Joyne with that of the Council to viev*^ the works and IJeport 
what is further necessary to be done. 

Wee shall consider of the state of the province and take care to 
Raise mony to pay the Debts, and shall with all Diligence forward 
the affairs of the province that are now depending. 

By order of the House, 

Sam' Keais, Clerk. 

[p. 442.] The petition of Richard Sleper was read at 
this Board as upon file ; and an answer given to it. 

Mr. Treasurer Penhallow's Ace* of powder, stated to the 



532 PROVINCE OF NEW-HAMPSHIRE. [1712. 

24th of June, 1712, was delivered to this Board and allow- 
ed of as on file. 

Adj^ till to morrow morning, 10 of the clock. 



Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth, the 11^^ day of 
October, 1712. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'', &c., 
Peter Coffin, ^ Robert Elliot, ^ 

W- Yaughan, I ^ Sam^^ Penhallow, I ^ 

Rich^ Waldron, f ^^^'^' John Plaisted, ^ ^^^^^• 
John Wentworth, j Mark Hunking, j 

The certificate of Colonel W^' Partridge relating to two 
hundred pounds allow'^ Major W™ Yaughan for Agency by 
the Committee for Auditing the publick Accts., <tc., was 
read at this Board and Approved of, and sent to the House 
of Representatives, who allowed of the said Certificate. 

Ordered that his Excellency be desired to issue forth a 
warrant to the Treasurer for payment of the said two hun- 
dred pounds. 

Province of \ 
New Hampshire. \ 

These may Certifie whom it may Concerne, that the Two 
hundred pounds allow'^ to Major W"' Yaughan of the prov- 
ince [p. 443.] of New Hampshire aforesaid, for Agency, as 
appears by the Committee's Report, Returne for Auditing 
the publick Accounts, in May, 1711, was never Received by 
me of the Goverment of the said province, nor paid by me 
to the said Major Yaughan, — as wittness my hand tlie 13*^ 
day of August, Anno Domini 1712. 

W" Partridge. 
October 11*% 1712. 

This Certificate allowed of by the House. 

Sam" Keais, Clerk. 



1712.] JOURNAL OP COUNCIL AND ASSEMBLY. 533 

Upon Consideration of tlic slate of il»c Province, wee 
findc that Considerable sums will he (|uickly due. 

Voted, That the thousand pounds that is to ])C paid iuf u the 
Treasury in December next be Repeated, and that there be 
an Impression of five hundred pounds in Bills of Credilt ])y 
the first of March next, for the payment of such Debts as 
shall be allowed of by the Committee for Auditing the 
province Acc^% and Approved by the General Assemljly. 

October 12^% 1712. 

P. order, Sam^^ Keais, Clerk. 

Eichard Waldron, Sam^^ Penhallow, John Plaisted, ^lark 
Hunking, John Wentworth and Geo. Yaughan, or any three 
of them, are appointed a standing Committee Referring to 
Her Majestie's Stores of Warr in the Province, and are 
directed to view and survey all the powder and shott and 
Arms, Great & Small, and other utensills belonging to the 
Stores, once [p. 414.] in six months at least, and to weigh 
the powder and give account thereof and of their survey 
to the Governour from time to time. 

Att a Conference with the Representatives the Governour 
earnestly Recommended to the Representatives the Estab- 
lishment of Impost, which was last year Refused, And that 
the people of the province that are the Terr-tennants might 
thereby be eased in their taxes. 



Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth, the 13^^ October, 
1712. 

Present, 
His Excellency Joseph Dudley, Esq., Governour, 
W^ Vaughan, ) Sam" Penhallow, ) 

Robert jElliot, > Esqrs. John Plaisted, v Esqrs. 

Richard Waldron, ) Mark Hunking, ) 

Ordered, that the Committee for Inspecting Her Majes- 



534 PROVINCE OF NEW-HAMPSHIRE. [1712. 

tie's Stores of Warr, Small Arms, &c., he notified to 
attend his Excellency the Governour to Her Majestie's fort 
W'" and Mary, to-morrow morning, to view such stores of 
warr, small arms, &c.. And to see what Repair es is neces- 
sary to be done. 

Ordered, that Mark Hunking, Esq., be one of the Jus- 
tices of Her Majestie's Superior Court of Judicature within 
this Her Majestie's Province, and that a commission be 
made for him accordingly. 

Adj^' to Wednesday the 15^^ Curr*, 10 of the clock, ante 
merediem. 



[p. 445.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth, the 15"' October, 
1712. 

Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Major W™ Yaughan, ) Sam^^ Penhallow, ) 

Eobert Elliot, > Esqrs. John Plaisted, \ Esqrs. 

Richard Waldron, ) Mark Hunking, ) 

John Wentworth, Esq. 
The petition of the Inhabitants of Hampton Falls relat- 
ing to a school was read, all parties being present. 
Determination on back side of the petition. 
The several Acts following having been three several 
times read and passed both Houses, were Consented to 
by his Excellency, and by him signed accordingly : 
An 'Act for Repeating one thousand pounds. 
An Act for making and Emitting a farther sume of Bills 
of Creditt. 

An Act to Impower the Guardians of Mr. John Cutt 
(Infra etatem*) to sell part of his Estate for Improvement 
of the Remainder and payment of Debts. 
Prorougcd to the 11"' February next. 

* Under age, a minor. 



1712.] JOURNAL OF COUNCIL AND ASSEMr.LY. 535 

Mctt accordingly, and proroiigcd to the 18^" March next. 
Mett accordingly, and prorougcd to the 15^'' Apr" next. 
Mett accordingly, and adj^^ to tlie 17^'> April following. 
Mctt accordingly, and Prorougcd to the 1?y'^ Curr' (1 ). 
Mett accordingly, and adj*^ to the 24 Curr*. 
Mett accordingly, and Proronged to the S*'' of ;May next. 
Mett accordmgly, and adj'^ to the 1)"' May Curr^ 



[p. 446.] Province of New Hampshire. 

Att a Council and General Assemhly 
held at Portsmouth, by adjournm*, the 
9"' day of May, Anno Domini 1713. 
Present, 

Major W^ Yaughan, \ Sam" Penhallow, ) 

Eobert Elliot, V Esqrs. John Plaisted, \ Esqrs. 

Richard Waldron, ) ]\Iark Hunking, ) 

The returne of the committee for Auditing the publick 

Accts. of this province was read at this Board, in hsec 

verba sequen : 

(1) [From Journal of the House.] 

Copy of a Letter from ye Governor. 

Boston, 20th \\A., 1713. 
Gentlemen, — 

]Mr. Secretary Story by tliis Post acquaints me of ye adjournment of ye Assembly to 
Thirsday, ye 13tk Inst. The last session of ye Assembly left a Comittee stamling to 
adjust ye Province debts, which I presume have accordingly proceeded ; And if the.ee 
Accts. be past thro', I then direct the Assembly to sett Thirsday and Fryday, if need 
be, to agree and. pass the Return of ye said Comittee by ye Representatives and ye 
Council if it can be then finished ; and from Fryday evening I do hereby prorogue ye 
General Assembly to Wed'sday the 13th of May next. Given under my hand, 

J. Dudley. 
Communicate this Letter to ye Representatives. 

It will be very pleasing to mo that ye Debts of 

ye Prov. be adjusted, that we may know what 

we one [own], that a happy Peace may make 

us Easy. 
To Mr. Sec'y Story. 



^^6 



PROVINCE OF NEW-HAMPSHIRE. 



[1712. 



Province of New Hampshire. 

Att a Committee appointed for Audit- 
ing the publick Accounts of this prov- 
ince, held at Portsmouth, the 19^^' of 
November, Anno Domini 1712. 

Present, 

Joseph Smith, ) 

Esqrs. Theodore Attkinson, > Esqrs. 
George Jaffrey, ) 

Cha : Story, Secretary. 



Robert Elliot, 
John Plaisted, 
Mark Hunking, 



Adj^' till the 24^^ Curr*. 



Mett accordingly, present as before. 

No. I-BS. S. D. 

1. Capt. Nicholas Gilman's Muster Eoll not alloTN^ed. 

2. Capt. Nicholas Gilmaii's Muster Ptoll, allow'i . 12: 4; 

3. Capt. Johu Gilman's Muster Roll, not allow"^. 

4. Capt. John Gilman's Muster Roll, allowed . 13 : 15 : 6 

5. Capt. Wiugett's Muster Roll, allow'^ . . . 13: 9: 7 

6. Major Joseph Smith, Muster Roll, allow<i . . 11: 1: 

7. Major Joseph Smith, Ditto, alio w'l . . . 4: 18: 6 

8. Major Joseph Smith, Ditto, allow'^ . . . 3: 16: 

9. Capt. Green's Muster Roll, allow-i . . . 2: 5: 6 

10. Insigne Mathews' Muster Roll, allow*^ . . 2: 14: 4 

11. Major Smith's Muster Roll, allow^ . . . 10: 17: 

12. lusigne Mathews' Muster Roll, alio w'^ . . 14: 1: 4 

13. Capt. Green's Muster Roll, allow^'i . . . 5: 0: 

14. [p. 447.] Capt. Sam^ Weeks' ditto, allow*! . 6: 16: 

15. Capt. Tippetts' Ditto, Referr** to the Assembly. 

16. Major Smith's Account about postage, alio w^ . 3:19: 

17. Capt. Gerrish's Muster Roll, Referr*! to the Assem- 

bly, allow*! 5: 16: 8 

18. James Berry, for going post to Newberry, allow^ 0: 6 : 

Adj^ till to-morrow morning, nine of the clock. 

Mett accordingly, present as before. 

lbs. s. d. 

19. Capt. Ilunkins' account, allow*! . . . . 3: 10: 9 

20. Capt. John Knights' account, allow*! . . . 10:08:11 

21. Alexander Miller's account, allo^v! . . . 7:16:00 



1713.] JOURNAL OF COUNCIL AND ASSEMBLY. 537 

22. Colonel George Yaiigliaii's Muster lloll, allow'^ 

23. Capt. Hill's Muster lloll, allow^ . 



21: 


IH: 10 


0: 


<; ! 00 


1: 


[): 4 


1: 


•J: 4 



•') 


3: 00 


3 


: I'J: 00 


8 


11: 8 


. 12 


5: 4 


8 


: 11: 8 



24. Samuel Shacklbrd's Muster Roll, allow^ 

25. Serjcaut Davis, his Muster Roll, allow'^ 

Adj^^ to the 27"^ curr*, 10 clock, Ante mcredii'in. 

Mett accordingly, present as before. 

26. Lieut. Pearces, liis muster roll, allow'^ . 

27. Thomas Pearce's muster roll, allow'^ 

28. Elizabeth Harvey's account, alloAv*^ 

29. Elizabeth Harvye, Ditto, alloW^ . 

30. Capt. Thomas Westbrook's muster roll, allow*^ 

Adj^ till to-morrow morning, tenn of the clock. 

[p. 448.] Mett accordingly, and present as before. 

31. Mr. Treasurer's General Account, allow'^ to Bal- 

lance 32: IG: 8 

32. Samuel Weeks' account about Riding post, allow"^ : 14 : 00 

33. Capt. Richard Hilton's muster roll, allow'i . . 8: 14: 4 

34. Daniel Greenoe's acct. to be taken out of the 200^^^ 

raised to Repaire the fort, allow'^ . . . 1 : 17: 00 

35. Capt. James Davis' muster Roll, allow*^ . . 275:18:11 

36. Mr. William Pepperel's ace*, allow'i . . . 13:14:00 

Adj*^ to the 18*^^ December next, 10 of the Clock, ante 
merediem. 

Mett accordingly, present as before. 

37. Mr. Treasurer Penhallow ace*, allow^ . . . 400: 6: 2 

38. Mr. Treasurer Penhallow, ditto, allow^ . . 130: 7: 1 

39. Joh]i Searl's account, alio w*^ . . . . 2: 1: 3 

40. Colonels W^aldron's account, allow^ . . . 10 : 00 : 00 

41. Mr. Attkinson's account for Building a House 

for Carriages, ifec 3:00:00 

42. Colonels Walton's Muster Roll, alloW^ . . 33: 00: 00 

Mett Saturday, the 9^^ of May, 1713, present as before. 

43. Jonathan Thing's Muster Roll, allow*! . . 6:11:10 

44. Jonathan Tiling's Muster Roll, allow^^ . . 4 : 00 : 00 

Province of New Hampshire, 9*^ May, 1713. 

"Wee whose names are hereunto subscribed, having pe- 
rused all the accounts before mentioned, and well consid- 
ered the same, doe finde justly due to each person the 



538 PROVINCE OF NEW-HAMPSHIRE. [1713. 

several sums sett opposite to the names and number of 

each person's Debenter. 

Joseph Smith, Robert Elliot, 

Theodore Attkinson, John Plaisted, 

George Jaffrey, Mark Hunking. 

[p. 419.] Allow*^ Capt. Timothy Gerrish his muster 

roll N« (17), 51bs.lGs.8d- 

The House of Representatives allow of the returne of the 
committee as within, Excepting six pounds in Colonel 
Yaughan's muster Roll, as the committee have minuted in 
N^ 22 ; wee alsoe allow Capt. Timothy Gerrish as wee have 
added, — 5 : 16 : 8, — His muster roll. 

9^^ May, 1713. 

Passed by the House. 

Geo. Jaffrey, Clerk pro tempore. 

9^^ May, 1713. 

The Council Concurrs with the vote of the House of 
Representatives above mentioned, nemine contraclicente. 

Cha : Story, Secretary. 

Prorouged to the 13"^ of May curr*, 10 o'clock, ante me- 
rediem (1). 

Mett accordingly, and Pursuant to his Excellency's the 
Gov^ Letter the General Assembly was prorogued to the 
18*^' of June next, 10 o'clock ante merediem. 

Mett accordingly, and pursuant to the Gov'"^ Letter the 
assembly were againe prorogued to the 25^^ June currant. 

(1) [From Journal of the House] 
Copj'^ of ye Goveni's Letter. 

Boston, Maj' 4tli, 1713. 
Gentlemen, — I sometime since Directed ye Assembly of ye Prov. of New Uampshr 
to meet to pass ye Accts. of ye Debts of ye Prov: prepared by tlieir Comittee, wLich 
being not yet done, I do again allow them to sit a Fryday ye eiglith Inst, to Doe and 
pass thro' that affair in Fryday and Saturday, ye Prorogation notwithstanding, that at 
my comeiiig ye week after, I may have the less interruption in ye general affairs of Jq 
Peace witli ye Indians, which I hope may come forward, and accordingly with your 
agreement, Mr. Sec'y may Sumon the Assembly upon ye said Fryday next, and after 
• passing ye Accounts, ye Prorogation lately directed, to continue. 

I am your Humbl Servant, 

J. Dudley. 
To ye Gentlemen her Majties Council in N. Hampshr. 



1713.] JOURNAL OF COUNCIL AND ASSEMBLY. 539 

Mctt accordingly, and pursuant 'to the Gov" letter the 
Gon^i Assembly were prorogued to the 8"' day of July next, 
10 o'clock ante meredieni. 

Mctt accordingly, and adj'' till to-morrow morning, nine 
of the clock, ante merediem. 

Mett accordingly, and adjourn'^ to the W^' curr'. 

Mett accordingly and prorogued to the 13"' curr^ 



[p. 450.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth, the 13"' July, 
1713. 

Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Major Wm Yaughan, ( ^ John Plaisted, ) j. 

Sam^^ Penhallow, \ ^''^''' Mark Hunking, ( ^^^i^^" 

John Went worth, Esq. 
His Excellency made the following speech, in ha3c verba 
sequen : 

Gentlemen, (1) — 

I have delayed your comeiug together until I miglit have tlie 
honor and satisfaction to give you the news of a happy and well 
established peace brought to pass by her Majestie's wise Council 
and prosperous arms, of which wee have already the assurance, 
and daily expect Her Majestie's comands to make it publick. 

And in Pursuance thereof I have now attending me several of 
the Indian sachems and Delegates, making their Submission and 
praying to be restored to Her Majestie's favour and the friendshipp 
of Her Majestie's Goverment of these provinces ; the Issue of their 
attendance I shall communicate to you. 



July 13th. 



(1) 3femhers of the House. 



Mr. Speaker, Mr. Tilton, 

• Mr. Jaffrey, Capt. Oilman, 

Mr. Jones, Mr. Keis, 

Mr. Reiidall, Majr. Smith, 

Mr. Martin, Mr. Atkinson. 

July 14th. Mr. Saml. Thing was qualifyed a member of ye House in ye Room of 
Theophilus Dudley, Esq., of Exeter, deceased. 



540 PROVINCE OF NEW-HAMPSHIRE. [1713. 

Sometime since there was a Comittee of the Council and Repre_ 
sentatives, to Revise the Laws of the x>rovince now in force, and 
to make a faire copy of them, and to oifer such other Laws as 
might be necessary in order to these being humbly submitted to 
Her Majestic ; and the Review and report of the Right Honoura- 
ble the Lords of the Plantations ; I desire this Report may be now 
taken and wee may proceed therein accordingly. 

I must again with all Earnestness recommend to you y*' Revival 
of the Impost and better Government & collection of the Excise ; 
there is uoe Colony or Governm* belonging to the Crown of Great 
Brittaine, that pretends to an open port, or that doe not bring in 
the Trade & merchandize of tlieir province to aid the Land tax ^ 
for the payment of the heavy charges [p. 451.] of the warr, which 
is as needfull in this province as in any other Her Majesties Gov- 
erments, the neglect and inequality whereof will, I fear, justly 
offend Her Majestic, as well as disturb the other Goverments on 
the 8hoar of America. 

I suppose you will think it a proper time for the Assembly most 
humbly to addx-ess Her Maj''^ upon the notice of the peace, in 
which I shall heartily joyne with you. 

The Treasurer will give you the state of his office and what is 
wanting ; whatever is before you for the benetit of the province of 
Her Majties service I shall i^ut forward, as is my Duty. 

J. Dudley. 

Ordered, that Eichard Waldron and John Plaisted,Esq., 
be a Committee from this Board to joyne with a Committee 
of the House of Representatives for drawing upp a Humble 
address to Her Most Gratious Majestie, in Consideration of 
the Happy peace, &c. 

Adj*^ till the morrow, tenn of the clock ante merediem. 



1713.] JOURNAL OP COUNCIL AND ASSEMBLY. 541 

[p. 452.] Province of New IIanij).sliii-c. 

Att a Council and General Asscmljly 
held at rortsnioutli the 14"' day of 
July, Anno Domini 171-3. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'", etc., 

Major Yaughan, "j Sam" PenhaHow, ) 

Peter Coffin, V Esqrs. John Phiisted, [ Esqrs. 

Natli^ Wear, ) ]\Iark Ilunking, ) 

John Wentworth, Esq. 

Ordered, that Eicli'^ Waldron and John Wentwoi-tli, Esqs., 
and the Reverend Nathn" Rogers he a Committee to take 
care of procuring a school Ma'' for the Town of portsmoutli 
forthwith, to serve according to the Act of tlie General As- 
semhly, already past ; And to Agree with him according 
to the Establishment in the said Act mentioned, and to make 
Report at the next sitting of the Govern'" and Council. 

The Assembly's answer to His Excellency's speech, in 
haec verba sequen : 

Wee are glad to see yo'" Excellency Here with the wel- 
come news of peace. 

Hope your Excellency will take such measures with the 
Sachems now attending you, that our frontiers may be 
quietly settled without any danger. 

Wee have several Laws before us. Returned by the Com- 
mittee appointed for Revising them, under consideration ; 
alsoe how to finde a proper way for Raising money on the 
Trading part of the Government to Ease the Land Tax 
thereof. 

[p. 453.] Wee are Humbly of opinion that an address 
may be proper after a proclamation of peace, (1) but shall ol)- 
serve your Excellency's directions therein, and shall al- 

(1) [From Journal of the House] 

July 14th. Voted, Tliat Theodore Atkison, Esq., & George Jaffrey he a Couimittee 
to joyne with ye Committee of ye Upper House to draw up a Congititulatory Address 
to ye Queen upon ye news of the Peace. 



542 PROYINCE OF NEW-HAMPSHIRE. [1713. 

ways eiideavour to observe our Duty as Loyal Subjects to 
Her Majestic. 
Voted July 14^% 1713. 

Sam" Keais, Clerk. 

Ordered, that Mr. Treasurer Penliallow take care to pro- 
vide for the Gentlemen Comm'"^ that are appointed by his 
Excellency out of the Goverment of the Massachusetts and 
this province, who are going to Cascoe fort to the Eastward 
to publish the Articles of Ratification of peace with the In- 
dians, Avith all such provisions, wines. Liquors, and other 
necessaryes as may be proper, and that the Treasurer keep 
a just and true account of the same in order to be laid be- 
fore his Excellency and General Assembly in the Massa- 
chusetts Government, that they may justly pay their pro- 
portion to the charge thereof. 

Adj*^ till ten of the clock to-morrow, ante merediem. 



[p. 454.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth on Wednesday, 
the 15^^ July, Anno Domini 1713. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Peter Coffin, ") 

W"^ Vaughan, ! -p Richard Waldron, ) 

Nath" Wear, f ^^^^^^' Jn« Plaisted, [ Esqrs. 

Robert Elliot, j Mark Hunking, ) 

A Bill relating to a Trade with the Indians was sent Down 
to the House of Representatives. 

The Articles of Pacification with the Indians was sent 
by his Excellency the Govern'"^ Order to the House of Rep- 
resentatives to be their Read and Communicated to them 
by Mr. Secretary Story, which accordingly was done, and 
the House of Representatives were all well satisfied with 
the said Articles and returned his Excellency thanks for the 
same. 



1713.] JOURNAL OP COUNCIL AND ASSEMBLY. 543 

* Articles of Pacifrddon. 

[Copied from Pcnhallow's Iiulian Wars, 18ino., 1726.] 

<< Whercjis for some years last past, we have made a broach of our 
Fidelity and Loyalty to the Crown of (h-eat IJrilaiii, and have 
made open Eebellion against her Majesty's siibjcc'ts, flie Knglish, 
inhabiting the Massachusetts, New JIanipshire and other Ik.t 
Majesty's Territories in New England; and being now sen.^ible 
of the miseries which we and our Teople are reilnced unto 
thereby : 

'^ AYe, whose names are hereunto subscribed, being delegates of 
all the Indians belonging to Norridgwalk, Narahaniegock, Ainasc- 
contee, Pigwacket, Tenacook, liivers of St. Johns and Merri- 
mack, parts of her Majesty's Provinces of the Massachusetts Bay 
and New Hampshire, within her Majesty's Sovereignty, having 
made application to his Excellency Joseph Dudley, Es(j. J Captain- 
General and Governonr-in-Chief in and over the said J'rovinces, 
that the troubles which we have nnhappily rais'd Or Occasioned 
Against her Majesty's subjects, the English, and our selves may 
cease and have an end ; and that we may again enjoy her Maj- 
esty's grace and favour: And each of us respectively for ourselves, 
and in the names and with the free consent of all the Indians be- 
longing to the several places and rivers aforesaid, and all other 
Indians within the said Provinces of the Massachusetts Pay and 
New Hampshire hereby Acknowledging ourselves the lawful sub- 
jects of our Sovereign Lady Queen Anne, and promising our hearty 
submission and Obedience to the Crown of Great Britain, do sol- 
emnly Covenant, Promise and Agree with the said Joseph Dudley, 
Governour, and all such as shall be hereafter in the place of Cap- 
tain-General and Governour-in-Chief of the said Provinces and 
Territories on her Majestie's behalf, in form following: That is 
to say, — That at all "times forever, from and after the date of 
these presents, we will cease and forbear all Acts of Hostility to- 
wards all the subjects of Great Britain, and not oiler the least hurt 
or violence to them or any of them in their persons and estates ; 
but will henceforth hold and maintain a tirm and constant Amity 
and Friendship with all the English, and Avill never enterlain any 
treasonable conspiracy with any other Nation to their disturbance : 
That her Majesty's subjects, the English, shall and may (juietly and 
peaceably enter "upon, improve and forever enjoy all and singular, 
the Rights of Land and former Settlements, Properties and Pos- 
sessions within the Eastern parts of said Provinces of ^rassachu- 
setts Bay and New Hampshire, together with the Islands. Inlets, 
Shores, Beaches, and Fishery within the same, without any nio- 
lestation or claim by us or any other Indians; and be in no wise 
molested or disturbed therein"; saving unto the Indians their own 
Ground, and free liberty of hunting, lishing, fowling, and ;dl other 
lawful liberties and priviledges. as on the eleventh day of August, 
in the vear of our Lord, One thousand six hundred and ninety- 
three: 'That for mutualsafety and benetit, all trade and Commerce 
which here after may be allowed betwixt the English and the In- 
dians, shall be Onlyin such Places, and under such management 

*[See Prov. Records, Vol. II, p. 656.] 



544 PROYINCE "of NEW-HAMPSHIRE. [1713. 

and regulation as shall be stated by ber Majesty's Government of 
the said Provinces respectively. 

'' And to prevent mischiefe and inconveniences, the Indians sball 
not be allowed for the present, or until they have liberty from the 
respective Governments, to come near unto any English Planta- 
tions or settlements on this side of Saco river. 

'' That if any controversy or difference happen hereafter, to and 
betwixt any of the English and the Indians for any real or sup- 
posed v^a'ong or injury done on the one side or the other, no private 
Eevenge shall be taken by the Indians for the same, but proper 
application shall be made to her Majesty's Governments upon the 
place for remedy thereof in due course of Justice ; We hereby sub- 
mitting ourselves to be ruled and governed by her Majesty's Laws, 
and desire to have the i)rotection and benefit of the same. 

'' We confess that we have, contrary to all Faith and Justice, 
broken our Articles with Sir William Phips, Governor in the 
the vear of our Lord God 1693, and with the Earl of Bellomont in 
the year 1699. 

'^ And the assurance we gave to his Excellency Joseph Dudley, 
Esq., in the year of our Lord God, 1702, in the month of August, 
and 1703 in tlie month of July, notwithstanding v»"e have been well 
treated by the said Governors ; but we resolve for the future not 
to be drawn into any perfidious Treaty or correspondence to the 
hurt of any of her Majesty's subjects of the Crown of Great 
Britain ; And if we know any such, we will seasonably reveal it 
to the English. 

'' AYherefore, we whose Xames are hereunto subscribed, dele- 
gates to the several Tribes of Indians belonging to the river of 
Kennebeck, Ameriscoggin, St. Johns, Saco, Merrimack, and the 
parts adjacent, being sensible of our great Olfence and folly in not 
complying with the aforesaid Submission and Agreements, and 
also the sufterings and Mischiefs that we have thereby exposed 
ourselves unto, do in all humble and submissive manner. Cast our- 
selves upon her Majesty for mercy, and pardon for all our past Re- 
bellions, hostilities and violations of our Promises; i)raying to be 
received unto her Majesty's grace and favour. 

^' And for and on behalf of ourselves, and all other the Indians 
belonging to the several Elvers and places aforesaid, within the 
Sovereignty of her Majesty of Great Britain- do again acknowl- 
edge and confess our hearty and sincere Obedience unto the Crown 
of Great Britain, and do solemnly renew and confirm all and every 
of the Articles and Agreements contained in the former and pres- 
ent Submission. 

'^ This Treaty to be humbly laid before her Majesty for her Eat- 
ification and further Order. 

'^ In AVitness whereof, we the Delegates aforesaid, bj^ name 
Kizehewiit, Iteansis and Jackokl for Penobscot; Joseph and 
u^7ieastoi' St. Johns ; Warrueensit, Wadacanaquin and Bombazeen 



1713.] 



JOURNAL OF COUNCIL AND ASSEMBLY. 



r.AK 



45 



for Kcimebeckjliave licreimto set our hinids and seals tliis IS^'^day 
of July, 1713. 
Signed, sealed and delivered in the presence of us. 

Edmund Quimey, 
/Spencer Phips, 

Wm. Dudley, Signum f /^ u* \ Kircl)enuit. 

Shad. Walton, 1^ '(W^ 

Josiah Willard, . -iS>VS. 

&c. 



Signnm 5^^-— ^"^ AVarrucf.'iisitt. 



Siffnum 




Signum 



Sisfnum 



^— i Bomazccn. 



Wadacanaquin. 



-^neas. 



Iteansis. 



Jackoid. 



Joseph. 



Province of Neio Hampshire. 

The Submission & Pacitication of the Eastern Indians was made 
and done the thirteenth Day of July, 1713, Annoque liegni Itegi- 
nae nunc Magnce Britaniae duodecimo. 

Present,— his Excellency JosErii Dudley, Esq., Captain-Gen- 
eral and Governour-in-Chief, in and over her ^iajesty's Provinces 
of Massachusetts Bay and New Hampshire, in New England, and 
Vice Admiral of the same. 
35 



546 



PRO YIN CE OF NEW-HAMPSHIRE. 



[1713. 



Counsellors of the Massachusetts, & of JS'eiu Hampshire. 



Samuel Sewall, 
Jonathan Corwin, 
Peuu Townsend, 
Jolm Appleton, 
John Higgiiison, 
AndrewBelcher, 
Thomas Noyes, 
Samuel Appleton, 
Ichabod Plaisted, 
John Wheelwright, 
Benjamiu Lynde, 



Esqrs. 



Will. Vaughan, 
Peter Coffin, 
Robert Elliott, 
Nathan. Wear, 
Sam. Penhallow, 
John Plaisted, 
Mark Hunking, 
John Wentworth, 



Esqrs. 



Penhallow says : ^'For a further Ratification of this Treaty, sev- 
eral Gentlemen of both Governments went from Portsmouth to 
Casco, where a great Body of Indians were assembled, to know 
the Result of matters. It being a Custom among them on all such 
occasions, to have the whole of their Tribes present; having no 
other Record of conveying to posterity, but what they communi- 
cate from father to son, and so to the son's son. When the sev- 
eral Articles were read and explained by Interpreters, upon Oath, 
(the Delegates being present) they signified an unanimous consent 
and satisfaction, by loud Huzzas and Acclamations of joy : Many 
presents were then made them, which were thankfully received, 
and every Tribe had their proportion given out ; but they were so 
disorderly, that Mauxis (altho' he was the chief Sagamore in all 
the Eastern parts) was robbed, by the morning, of all he had ; upon 
which he made a miserable com^jlaint unto the English next day, 
of the unruliness of his young men, who had stolen away all he 
had, therefore begged a new supply. But altho' their Govern- 
ment is so Anarchical, and their chiefs have so little respect and 
honour shewn them, yet in their Council they observe a very ex- 
cellent decorum ; not sutfering any to speak but one at a time ; 
which is deliver'd Avith such a remarkable pathos and surprizing 
gravity, that there is neither smile nor whisjjer to be observed, un- 
til he that speaks has finished his discourse, who then sits down, 
and after that another riseth up." 



The Cause formerly depending between Mr. Dan^^ Rog- 
ers, of Ipswich, and the freehold'^ Commoners, of Hamp- 
ton, be continued till the next sessions of His Excellency 
the Govern"^ and Council. 

Adj'^ till to-morrow morning, tenn of the clock, ante 
mere diem. 



,1713.] JOURNAL OF COUNCIL AND ASSEMBLY. 547 

[p. 455.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth on Thursday, tlie 
16*^ of July, Anno Domini, 1713. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Peter Coffin, ^ Richard Waldron, '^ 

W"^ Yaughan, I ^^^^ John Plaisted, I ^ 

Nath^^ Wear, f ^^^^- Mark Hunking, f ^^^^• 
Robert Elliot, j Sam" Penhallow, J 

The following address to Her Majestic haying been Read 
at this Board and agreed upon by the Council, was sent 
to the House of Representatives for their concurrence, who 
readily complyed therewith: 

To the Queen'' s 3fost Excellent 3Iajestie : 

The Humble Address of Her Majestic' Council, and Represen- 
tatives of Her Majestie's province of New HampBhire, conven^ 
in General Assembly, 
Most Humbly Sheweth, — 

That whereas for many years past vre have suffered to the Great- 
est Extremity by a Continual Warr and more particularly by the 
Barbarous usage and unheard of cruelties of our Rebellious 
neighbours the Indians, notwithstanding which with the expeuce 
of much of our Blood & Treasure w^ee have hitherto preserved 
and Defended this your Majestie's province against all opposers, 
being always confident that the Reiterated successes of your Maj- 
estie's Glorious Arms in Europe, would by your Majestie's wise 
Councils & steady conduct produce at last an Honourable & a 
lasting jpeace; and wee now with Grateful Hearts congratulate 
[p. 456.] your Majestie thereupon, for that this peace effects the 
Remotest parts of yo'' Majestie's Dominions, and wee already Taste 
the good fruits and effects thereof, in that the Rebellious IndiaiLs 
are Reduced to their obedience ; Your Majestie's Goveruour here 
by his good Conduct in tliis as in all other the affairs of the Gov- 
erment has brought them to an entire submission to your Majes- 
tie and agreement to Articles of pacification, which now gives us 
a fair prospect of sitting under our vines and figg Trees and noue 
to make us afraid. 

And since nothing cann add more to the Glories of your Majes- 



548 PROVINCE OF NEW-HAMPSHIRE. [1713. 

tie's Reign than this last instance of your great care and concern 
of the Repose (not only of your Majestie's subjects but that) of 
all Christendom, in bringing about soe happy a peace through 
soe many insuperable Difficulties, it remains wee daily pray to 
almighty God that your Majestie's life and Reign may be long and 
prosperous in this world, and that your Majestic may, in the 
world to come, for ever enjoy the blessing to which peace makers 
are entitled. 

Portsm*^ in l^ew" Hamp'" 
in New England, the 16*^ 
of July, 1713. 

16* July, 1713. past by the Council and sent down to the House 
of Representatives for concurrence. 

Cha. Story, Secretary. 

Signed in p'sence and by 
order of the House of Repre- 
sentatives. 

Richard Gerrish, 
Speaker. 

Wee are your Majestie's Most Lo^^al and Dutiful subjects, the 
Council & Assembly of your Majtie's province of JSTew Hamp- 
shire. 

Signed in presence and by order of the Council. 

Cha; Story, Secretary. 



[p. 457.] Province of the Massachusetts Bay. Anno 
Regni Annse Reginae Dudecimo.* 

Att a session of the Great and General 
Court or Assembly begun and held at 
Boston upon Wednesday, the 27"' May, 
1713. 
June S^, 1713. The following order past in Council 
Agreed to by the House of Representatives, viz : 

For quieting the present Disputes betwixt the Borderers 
upon the Bound Line of this province and the province of 
New Hampshire, and the demand of Taxes from them by 
the Goverments of the provinces aforesaid, 

* In tlie twelfth, year of the reign of Queen Anne. 



1713.] JOURNAL OP COUNCIL AND ASSEMBLY. 540 

Ordered, That John Appletoii, Jolin IIi(rginson <fe Tliomas 
Nojes, Esqs., be comm™ on the part of this Govcrinont 
with such as shall be appointed hy the Goverment of New 
Hampshire, to goe upon the place Sz to agree upon such 
families and persons by name, who shall be considered as 
present Inhabitants and pay taxes within the said Respec- 
tive Goverments, untill the Bound Line betwixt them be 
Orderly and Regularly stated and settled ; 

That Her Majestie's Subjects be not oppressed l)y i)aying 
of Double taxes. 

Isaac Addington, Secretary. 

Yoted, That John Plaisted, Mark Ilunking and John 
"Wentworth be a committee for this province to joyne with 
a committee appointed by the Gen" Assembly of the Mas- 
sachusetts as in the paper (above) annexed, to goe upon 
the Boarders of the provinces of Massachusetts and New 
Hampshire, between Hampton and Salisbury, and there 
view the families, persons and ratable estates and to agree 
to which Town each shall pay their publick Taxes until 
the Bound Line be Regularly stated and settled or further 
order taken therein. 

16^^ July, 1713. Past by the Council. 

Cha : Story, Secretary. 

[p. 485.] Concurred by the House of Representatives, 
with an addition that the same committee pass the Line 
alsoe between Kingstown and Amesbury and Havercl. 

Sam" Keais, Clerk. 

The following petition of the Inhabitants of Bloody point 
was read at this Board, in haec verba sequen : 

To His Excellency Joseph Dudley, Esq., Capf^ General and Gov- 
ern'* in Chief in and over Her Majestie's provinces of tlie Massa- 
chusetts Bay, New Hampshire, &c., and the House of Repre- 
sentatives now in General Assembly Couven'^. 
The petition of the Inhabitants of Bloody point within the 

Limitts of the Townshipp of Dover, Avith some fcAV of the out 

skirts of Portsmouth, most humbly shcweth,— 



550 



PROVINCE OF NEW-HAMPSHIRE. 



[1713. 



That yo'' petition'^ living soe remote from the i)ublick worship 
and under great Inconveniences to attend the same, have of late 
erected a meeting House and obtained a tract of sixty Acres of 
Land for the accommodation of a minister among them with a 
firm resolution (by the Divine assistance) of giving him an Hon- 
orable maintenance to the utmost of their abilitie. 

But the taxes demanded of us from whence wee doe belong 
doe Render us under soe insuperable a difiiculty of doing as 
otherwise wee could wish. 

"Wherefore moat humbly pray that your Excellency (who hith- 
erto has distinguished your self from others in promoting the 
publick worship of God) would please soe to Order that wee your 
petitioners by maintaining the minister, school and i30or among 
[p. 459.] our selves may be exempted from all other charges save 
only the province tax and tax of the Assembly. 

All which wee humbly conceive to be most reasonable; and 
whereas nothing now is wanting to effect the same but your Ex- 
cellency's concurrence, we most humbly crave that your Excel- 
lency will grant our request herein and yo"^ petition" shall pray 
as in duty bound, &c. 



Geo. Huntris^ 
Jn° Dam, 
Joseph Richards, 
Joseph Rawlingg, 
Ricly^ Downing, 
Jethro Bickford, 
Thomas Bickford, 
Sam^ Huntris^ 
John Hogsden, 
Henry Lanster, 
John Downing, 
Tho.* Trickey, 
Andrew Peters, 
Jn« Warenfol^ 
Jno Rawlings, 
W^ Whilam, 
Clemet Misharvye, 
Alex"" Ilogsdeuy 
AY'" Shackford, 
Rich'^ Pamery, 
John Hueson, 
Abel Pearce, 



W"" Hoit, 
Sam^ Rawlins, 
Sam^ Tomsou, 
W^ Furber, 
Clemet Misharvye, 
John Fab y an, 
Nathan Knight, 
Jn*' Pickering, tertius, 
Benj. Richards, 
John Knight, 
John Downing, 
John Knight, 
John Bickford, 
Hate Evil Nutter, 
James Rawlins, 
Moses Damm, 
Henry Nute, 
Tho. Leigh ton, 
Joshua Crocket, 
John Nutter, 
Tho. Row, 
Jn° Quent, 



1713.] JOURNAL OF COUNCIL AND ASSEMBLY. ft51 

Edward Tearce, James ({ray, 

John Trickey, Ilciiiy Ik'iiiict, 

John Carter, Kicliard Nuson, 

Benj* Bickford, Tho. Downs. 
Edward Kow, 

15^^ July, 1713. 

In Council Read, and the good intention of tlie petition- 
ers is approved, and ordered that the select men of Dorer 
be notified to appear by nine o'clock to-morrow in the fore- 
noon at the Council Board. 

Cha : Story, Secretary. 

16*^ July, 1713. Upon hearing of the select men of Do- 
ver, and the parties to the petition, 

Ordered, that the petition be granted and the place made 
a parish by themselves, they forthwith establishing an able 
orthodox and Learned Minister amongst them, and that 
they be thenceforth acquitted from the support of the Min- 
istry of Dover and Portsm''. 

And upon Representation of the great alteration that 
this Grant makes in the [p. 460.] Town of Dover, and that 
there is a new meeting House built at Cocheclio, mucli 
nearer the center of the remaining Inhabitants of the said 
Town, 

Ordered, that the select men of Dover give reasonable 
notice to the Town to choose proper persons to attend tlie 
next session of the General Assembly, to show cause why 
that House at Cochecho may not be the place of publick 
worship for the future, or any other consideration there- 
upon. 

Voted in Council and sent down to the House of Repre- 
sentatives for Concurrence. 

Cha : Story, Secretary. 

16*^ July, 1713. Concurr*^ with the Council. By order 
of the House of Representatives. 

Sam^^ Keais Clerk. 

Colonel Thomas Packer, his aco** am'' to eleven pouuds 



552 PROVINCE OF NEW-HAMPSHIRE. [1713. 

foT Rent for the Court House, Council Chamber, and fire 
and candles to March last, was allowed in Council and upon 
file. 

The following vote was sent upp from the House of Rep- 
resentatives, viz. : 
Mai/ it please your Excellency^ — 

Mr. Treasurer's memorial is before us, by which wee 
finde omitted giving C'' for sundryes left at Annapolis 
Royal, and in his own hand, but wee find therein the prov- 
ince is in Debt, which we considered, and debated many 
ways to pay the same, that soe in December next wee 
might pay what is due, not knowing the same, and hoping 
by that time there may be a way found for paym* of the 
Debts then due. 

Voted that the Excise be continued for one year. 

Past the House of Representatives the 16*^ July, 1T13. 

Sam^ Keais, Clerk. 

[p. 461.] Mr. Treasurer's Acc*^ of powder and other 
stores of warr to the 24^^ June, 1713, was delivered into 
this Board, as upon file. 

Ordered, that Doctor Olliver Noyes, of Boston, be paid 
out of the publick Treasury of this province nine pounds 
eleven shillings and one penny, for disbursements on thr6e 
Captives from Albany belonging to this province. 

Ordered, that M"" Campbell, post Ma'' General, be paid 
six pounds out of the publick Treasury, for his care in Ex- 
pressing Letters & for Her Maj*^'-'^ service, and in sending 
the Govern'^' Letters to Roxbury, &c. 



1713.] JOURNAL OF COUNCIL AND ASSEMBLY. 553 

Province of New ITamph. 

Att a Committee fur Audit in<'- the i)iil)- 
lick accounts of the province, held at 
Portsmouth, the 8"' of June, 1713. 
Present, 

Robert Elliot, ^ Joseph Smith, ) 

John Plaisted, > Esqrs. Theodore Attkinson, [ Esqrs. 

Mark Hunking, ) M"" George Jaffrey, ) 

11)S. s. d 

1. Colonel Thomas Packer, alio w*^ . . . . G: 0: 

2. Thomas Pliipps, Esq., alloAV^ . . . . 10: 0: 

3. Joseph Smith, Esq., allow'^ for Expresses . . 13: 0: 

4. Mr. Secretary Story, allow^ 45 : : 

6. Mr. Treasurer Penhallow, acc*^ allow*^ . . CG: 19: 

6. M"- fellows Acct% allo^v^ 9: 9: 8 

7. Colonel Walton's acc^ allow^ . . . . 154: 0: 



304: 8: 8 



Province of New Hampshire. 

Wee whose names are hereunto subscribed, having pe- 
rused all the accounts before mentioned, and well consid- 
ered the same, doe finde justly due to each person the 
several sums sett opposite to the names and number of each 
person's Debenter. 

Joseph Smith, John Plaisted, 

Theodore Attkinson, Mark Hunking. 
Geo. Jaffrey, 
[p. 462.] In Council. 

The returne of the Committee for Auditing the publick 
accounts of this province hereunto annexed, Am*" to three 
hundred and four pounds eight shillings & eight pence, 
is allowed and approved of, and sent Down to the Assem- 
bly for their concurrence. 

Cha : Story, Secretary. 
16*^ July, 1713. 

Concurr'^ with the Council. 

Sam^^ Keais, Clerk. 



554 PROVINCE OF NEW-HAMPSHIRE. [1714- 

[p. 463.] Province of New Hampsh. 

Att a Council and General Assembly 
held at Portsmouth by prorogation, 
on Wednesday, the fifth day of May, 
Anno Domini 1714. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Ei chard Waldron, ^ Sam" Penhallow, ^ 

Robert Elliot, > Esqrs. John Plaisted, > Esqrs. 

Nath^ Wear, J Mark Hunking, J 

John Wentworth, Esq. 

Gentlemen : — 

There are eighteen months past since the Committee of the 
Council and Representatives have set to draw up the state of the 
Local Lav^^s and orders in force In the province ; I desire they 
may be directed to make the returne of their ^proceedings, that 
further x3ro\dsions may be made where any defect is, to i)ut for- 
ward Her Majestie's Service and the good Govermeut of the prov- 
ince. 

The Gentlemen of the Representatives are sensible that the last 
year's tax and what is else provided for the four years next com- 
ing, is what is necessary to draw in the Bills of Credit and thereby 
to discharge the province debts and noe more ; soe that there is 
noe provision made for the Annual charge of the Govermeut; 
The fort and other contingent charges, since the abatement of the 
Impost, which I recommend again to your Consideration that it 
be forthwith laid and the Excise formed, or otherwise disposed, so 
as it may be a service to the province and assist in Case of the 
Land tax as it is always intended. 

I have lately intelligence from the Gentlemen sent to Canada 
for the releife and returne of the prisoners there, and am now de- 
termined to send a shipp to Quebeck to receive them ; wherein yo' 
prisoners will demand yo^ proportion of charges, and I think it 
best that a gentleman of yo*" province be there to assist the nego- 
tiation which otherwise may be intangled and ineffectual; you 
will alsoe Consider and represent to me [p. 464.] what share 
of the Trade with the Indians you Judge proper to hold for their 
supply^ and iDrcvcntion of their dependance upon the French 
wliile they live upon English Ground. 

You will lastly determine whether there be any provision by 



1714.] JOURNAL OP COUNCIL AND ASSEMBLY. 555 

way of Repetition to be made to tlie Treasury for tlie curnuit 
Charge, in which as in Every thing relating to the benefit of the 
province, nothing shall be wanting for Her Majestie's service on 
my part. 

J. Dl'DLKY. 

Voted, 

That Kingstown bo Impowercd to send a Representative 
to sitt in the General Assembly, and that notice be forth- 
with sent them accordingly, by Order of the House of 
Eepresentatives. 

Sam" Keais, Clerk. 
5*^ May, 1714. 

Consented to by the Council, 

Cha : Story, Secretary. 
Adj^ till to-morrow morning 10 of the clock. 



Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth, by adjournm*, on Thurs- 
day, the sixth day of May, 1714, by adj^ 
Present, 
His Excellency Joseph Dudley, Esq., Govern^ 
Richard Waldron, ) Sam" Penhallow, "j 

Robert ElHot, > Esqrs. Jolni Plaisted, > Esqrs. 

Nath" Wear, .) Mark Hunkin, ) 

John Wentworth, Esq. 
The petition of Garsham Elkins, Complaining ag^ Justice 
Nathaniel Wear, for Issuing out illegal processes against 
him about a tax, &c., was read at this Board, and upon file. 
Mr. Justice Wear being heard upon the said Complaint, 
the Council doe order [p. 4G5.] that tlie processes against 
Elkins for the tax mentioned in the within petition l)e null 
and voyde, and the proceedings thereupon, for that the war- 
rant for collecting taxes of that nature to the constable or 



556 PROVINCE OP NEW-HAMPSHIRE. [1714. 

collector of the Towns, Impowers him to make distress with- 
out any other processes. 

Cha. Story, Secretary. 
Adj*^ till to-morrow morning, 10 of the clock in forenoon. 



Province of New Hampshire. 

Att a Council and General Assembly held at 
Portsmouth, on Friday, the seventh day of 
May, Anno Domini 1714, by adj*. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Richard Waldron, ) Sam" Penhallow, ) 

Robert Elliot, > Esqrs. John Plaisted, > Esqrs. 
Nath" Wear, ) Mark Hunkin, ) 

John Wentworth, Esq. 
Upon the motion of Mr. Daniel Rogers' Council in a case 
of an appeal from Her Majesties Superior Court of Judica- 
ture of this province, held at Portsmouth, the day of 

wherein the said Daniel Rogers was Appellant and 

of Hampton Appellees, the matter hav- 
ing been so long depending, and not yet heard at this 
Board : 

Ordered that the cause be dismist at this Board and the 
appellant referr^ back to the common Law to take his rem- 
edy by Review or otherwise. 

Adj'^ till to-morrow morning, 10 of the clock, ante mere- 
diem. 



1714.] JOURNAL OP COUNCIL AND ASSEMBLY. 6r)7 

[p. 466.] Province of New TTampsliire. 

At a Council and General Assenil)ly held at 
Portsmouth })y adjournni*, on Saturday, the 
eighth day of May, Anno Donnni 1714. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Richard Waldron, J Sam" Penhallow, ) 

Robert Elliot, [ Esqrs. John Plaisted, [ Esqrs. 

Nath" Wear, ) Mark Ilunkin, ) 

John Wentworth, Esq. 
The following petition was read at this Board in ha3c ver- 
ba sequen : 

To His Excellency, Joseph Dudley, Esq., Govern'" of Her Majes- 
tie's province of New Hampshire, and the Honorable, Ifcr Majes- 
tie's Council, now sitting in Council at Portsmouth, the eight 
day of May, 1714. 

The humble petition of Thomas Waldon, master of the Sloop 
Douglas, Sheweth, — 

That being bound from Barbadoes to Newfound Land, in the said 
Sloop, liaAdng on Board about three thousand Gallons of Hum, for 
account of Mr. Hugh Hay ward, Chiefe owner of the said sloop, mett 
with a disaster by a storm at sea, and was forced to put into tliis 
port and cannot proceed ; and since the commencement of this voy- 
age the said owner is dead, and your petitioner being under age, 
Humbly j)rays your Excellency that some care may be taken for 
the securing of the said sloop, and that Her Lading may be Land- 
ed for the proper owner thereof, and to save any Imbezelment or 
loss of the said estate, and that Her Lading may be sold, being a 
perishing comodity, and what further your Excellency shall 
see cause to direct in the premises: And your petitioner shall 

pray, &c. 

Thomas "Waldon. 

In Council. 

Upon reading this day the above petition. Ordered that 
the judge of the Admiralty appointe two Merchants of this 
port of the best Reputation and Trade, and direct them to 
assist the master in securing the said sloop and cargoe for 
the proper [p. 467.] owners thereof; And that the said 
Judge of the admiralty by the first opportunity, give orders 



558 PROVINCE OF NEW-HAMPSHIRE. [1714. 

at Nevis and alsoe at Bristol, in the Kingdom of Great Brit- 
tain e, where the said Hay ward Lived, that those that are 
concerned may look after and take care of their interests. 

Consented to by the Council. 

Cha. Story, Secretary. 
Portsmouth in New Hampshire, 8* May, 1714. 

Being Informed that the Sloop Douglas, Thomas Waldon Mas- 
ter, having on Board about three thousand Gallons of Rum for ac- 
count of Mr. Hugh Hayward, Cheife owner of the said Sloop, and 
being bound to Newfoundland, meeting with a disaster by a storm 
at Sea, was necesitated to put into this port and cannot proceed; 
and alsoe advised that since the commencement of his voyage his 
said owner is dead, and the said Master Thomas Waldon, alsoe 
being under age, as is sett forth by his petition, on file of 
this date ; — 

To save the Embezelment or loss of the estate, you are hereby 
directed to assist him by your ofB.cers or others Merchants of Rep- 
utation and estate, to secure the said sloop, and Land the Lading 
for the i)roi)er Owner thereof, and forthwith, by the first oppor- 
tunity, to give notice at Nevis, and alsoe at Bristol, in the Kmg- 
dom of Great Brittaine, where the said Hayward Lived, that those 
that are concerned may look after, and take care of their interest. 

Given under my hand, In Council, 

J. Dudley. 

To Cha. Story, Deputy Judge of the Admiraltys in the province 
of New Hampshire. 

By the Govern''^ Command in Council. 

Cha. Story, Secretary. 

Adj*^ to Monday, the 10^^ Curr*, 10 of the Clock, ante 
mere diem. 

[p. 408.] Upon reading the petition of Thomas Packer, 
Richard Wybird, George Marshal and others, and upon 
reading the petition of John Pickering and W™ Cotton, as 
upon file : 

Petition about ) Ordered, that the Secretary notifie 
the Meeting House. ) the select men of Portsmouth, 
and the said Pickering and Cotton, to attend at this 
Board on Tuesday next, tenn of the clock in the fore- 
noon, to have a hearing of the said petitions, and 
copycs of each petition be delivered to each contrary par- 



171-L] JOURNAL OP COUNCIL AND ASSEMBLY. 559 

ties that they lUcay the better be prepared for such Ilcaruig. 

Ordered, that the Treasurer furnish Escumbuit, an Indian 
Capt., and the other Indians (wlio came to Consult his Ex- 
cellency the Governour), with necessary provisions and 
Liquors to carry them to their Several Habitati<j]is, and 
that Peter Cloyce, another Indian Captaine, bo presented 
with a pair of shooes. 

Adj^ to Monday, 4 o'clock, post merediem. 



Mett according to adjournment. 
Present, 
His Excellency the Governour, 
Kichard Waldron, J Samuel Penhallow, ) 
Robert Elliot, > Esqrs. John Plaisted, > Esqrs. 
Nath^^ Wear, ) Mark Hunking, ) 
John Wentworth, Esq. 
Adj*^ till to-morrow morning, 10 of the clock, ante me- 
rediem. 

[p. 469.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth by adjournment, 
on Tuesday, the eleventh day of May, 
Anno Domini 1714. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Richard Waldron, ) Samuel Penhallow, "j 

Robert Elliot, [ Esqrs. John Plaisted, V Esqrs. 

Nath^' Wear, ) Mark Hunking, ) 

John Wentworth, Esq. 
The following vote was sent upp from the House of Rep- 
resentatives, in haec verba sequen : New Hampsh. Sclt. 

Portsmouth, IP^ May, 1714. 
By the Council and Representatives : — 

Upon the hearing of all parties referring to the meeting 



560 PROVINCE OF NEW-HAMPSHIRE. [1714. 

Houses of this Town, and having seen and considered the 
Grants, agreements and votes of the said Town of Ports- 
mouth, referring to the settlements of the Reverend Mr. 
Eogers, the present minister of the said Town or parish, — 
Voted, that the said Mr. Rogers be estabhshed the minister 
of the said Town, and be confirmed in the possession of 
the Gleeb Land or Parsonage Lands according to the agree- 
ment with the Town. 

It is further Ordered and directed that his sallary or 
maintenance he raised by the select men from the Inhabi. 
tants and paid him from time to time as heretofore ; And 
further, considering of the great increase of the Inhabi- 
tants of the said Town of Portsm% that there be two min- 
isters and two meeting Houses maintained in the said 
Town ; and that the two meeting Houses now in being are 
the Houses & places directed and agreed upon, and to be 
finished & repaired at the Expence of the whole Town. 

That Mr. Rogers and his maintenance be Established as 
above pro^dded. 

That the other meeting House,* at the Mill Damm, 
shall be named and chosen by an Assembly of all the free- 
holders in the [p. 470.] said Town, and have his sallary & 
parsonage House provided and maintained at the charge of 
the said Town. 

And whereas Mr. John Emmerson has served in the con- 
gregation at the meeting House near the Mill Damm for 
some time past, there be made him at his departure a pre- 
sent of fifty pounds, with thanks for his service there, the 

* An obvious defect in the record. Perhaps it should read, That the [Minister ot 
the] other Meeting-House, &c.— Ed. 



1714.] JOURNAL OP COUNCIL AND ASSEMBLY. T^Gl 

said fifty pounds to be paid out of the Town Treasury and 
to be raised at the next Town tax. 

Past by the House of Representatives. 

Sam" Keais, Clerk. 
Past by the Council. 

Cha : Story, Secretary. 
I consent to the orders above. 

J. DlTDLEY. 

The following vote was omitted in entering the Eleventh day of 
May, as before in the last minutes. 

Yoted, that Eacli of the parishes have power witliin them- 
selves to tax and assess tlieir several Inhabitants to their 
parish charges, and that they choose three persons Annually 
to make such tax and assessment and collect the same by 
a warrant from a Justice of the peace in the forme and 
manner as other taxes are thereby collected ; and the 
province tax from time to time to Her Majestic remains to 
be taxed by the Towns of Dover and Portsmouth as hereto- 
fore. 

May the 11"^ 1714. Past by the House, 

Sam" Keais, Clerk. 

11"' May, 1714. Consented to by the Council, 

Cha : Story, Secretary. 



[p. 471.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth, by adjourn m^ on 
Wednesday, the twelfth day of May, 
Anno Domini 1714. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, 
Richard Waldron, ) Samuel Penhallow, ) 

Robert Elliot, [ Esqrs. John Plaisted, | Esqrs* 

Nath^ Wear, ) Mark Hunking, ) 

John Wentworth, Esq. 
36 



562 PROVINCE OF NEW-HAMPSHIRE. [1714. 

The following vote was sent up from the House of Repre- 
sentatives, in hgec verba sequen : 

Voted, that M'' Speaker Gerrish and George Jaffrey be a 
committee to joyne with Capt. Samuel Weeks and M"" Jn*^ 
Downing to ascertain the Limits of the parishes of Green- 
land and Bloody Point. 

May 12^^, 1714. past by the House. 

Sam" Keais, Clerk. 

Eodem die. 

Eead in Council. Colonel Waldron and Capt. Hunking 
added as a Committee at this Board to joyne with the 
above Comittee. 

Cha: Story, Secretary. 

In answer to the petition of the Inhabitants of Bloody 
Point and the petitioners of the Inhabitants of Greenland, — 

Ordered, that Colonel Waldron, Mark Hunking, Esqrs., 
Mr. Speaker Gerrish, Mr. George Jaffrey, Mr. John Down- 
ing and Mr. Samuel Weeks, be commissioners appointed to 
ascertaine the Limits of the said Parishes whereby the 
Constables in either place may know how to collect the 
province tax for the use of Her Majestie's Goverment of 
the Inhabitants, and that both parishes be from this time 
forward discharged from being assessed to the payment of 
any minister, school master, or poor, but within their sev- 
eral parishes aforenamed. Bloody Point was named New- 
INGTON this day by his Excellency the Governour. 

Cha : Story, Secretary. 

[p. 472.] The following vote was sent up from the 
House of Representatives, as followeth : 

Considering the Great charge that may arise upon send- 
ing a Gentleman of the province to negotiate the affaire of 
Redeeming our prisoners that are at Quebeck, — 

Voted, that His. Excellency the Govern^ be desired to 
Impower the Gentlemen sent from the Massachusetts to 
transact the business for us, and we will pay our Quota of 



1714.] JOURNAL OF COUNCIL AND ASSEMBLY. 6C3 

the charge in proportion to the niim])er of our prisoners 
that may be returned, and if none to be obtained, wee will 
gratifie the Gentlemen for the trouble and charge they may 
be at to inquire after them. 
May 12"^ 1714. 

Past by the House. 

Samuel Keais, Clerk. 
In Council. 
Eead and consented to by the Council. 

Cha: Story, Secretary. 

The following vote was sent up from the House of Repre- 
sentatives, in hsec verba sequen : 

The last year's tax being paid into the Treasury in Mas- 
sachusetts, Road Island and Connecticut Bills, and the 
burning of them does not answer the fund of this province, 
and to avoyde charges that may arise in changing them in- 
to Bills of this province. 

Voted, that the last province tax, being fifteen hundred 
pounds, be lett to such several persons as will give good 
and sufficient Land security within the province, obleidging 
themselves to repay the same within one year in New 
Hampshire Bills, and that a Committee be appointed 
therefor. 



Past by the House. 



Samuel Keais, Clerk. 



Voted, Mr. Speaker, Mr. Attkinson and Mr. Jaffrey be a 
Comittee to joyne with a Comittee of the Council for the 
above service. 

Read in Council and concurred with [p. 473.] the Rep- 
resentatives, Provided that the money be lent for two 
years, the borrower paying interest for the same ; and Or- 
dered, that Colonel Waldron, Mr. Treasurer Penhallowand 
John Plaisted, Esq., be a committee to joyne with the com- 
mittee of the Representatives for that purpose, who are 
hereby Impowered from time to time, after taking sufficient 



564 PROVINCE OF NEW-HAMPSHIRE. [1714. 

security, to Issue forth their order or warrant to the Treas- 
urer for the payment of such sume soe lent, which shall be 
a sufficient discharge to the Treasurer for the same. 
Past by the House of Representatiyes. 

Sam" Keais, Clerk. 
Consented to by the Council. 

Cha : Story, Secretary. 
Yoted at two and a halfe Pr. cent, interest, or what more 
the committee can gett. 
Past the House. 

Sam" Keais, Clerk. 
Read in Council and consented to. 

Cha : Story, Secretary. 
Adj*^ till the 14*^ day of June, curr*, 10 o'clock ante me- 
redi^m. 

[p. 474.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth, by adjournment, 
on Fryday, the 14"' of June, 1714. 
Present, 
His Excellencj^ Joseph Dudley, Esq., Govern^ 
Mchard Waldron, ^ Samuel Penhallow, ) 

Hobert Elliot, > Esqrs. John Plaisted, \ Esqrs. 

^ath" Weare, . ) Mark Hunking, ) 

John Wentworth, Esq. 
'The two following votes were sent up to this Board from 
€he House of Representatives, in tec verba : 

Voted, That the New Hampshire Bills that for the future 
shall be paid into the Treasury, shall be accepted with the 
advance of five Pr. cent. 
14*^ May, 1714. By order of the House. 

Sam" Keais, Clerk. 
Read in 'Council and consented to, nemine contradicente. 

Cha : Story, Secretary. 
Voted, That twelve hundred pounds in Bill of Credit of 



1714.] JOUllNAL OF COUNCIL AND ASSEMBLY. 565 

this province, be forthwith Impressed and signed Ijy the 
Comittce and applyed to the payment of the province Debts 
that arc allowed b