y« '~ ' .-" ' ' "
(■<)N((ii:ii. .\. II.
(vovin^ml §^)m.
DOCUMENTS AND EECORDS
EELATINQ TO THE
PEOVINCE OF NEW-HAMPSHIEE,
FROM 1722 TO 1737:
Containing important Records and Papers, pertaining to the Settlement of
the Boundary Lines between New-Hampshire and Massachusetts.
PUBLISHED BY AUTHORITY OF THE LEGISLATUEE OF NEW-HAMPSHIRE.
VOLUME IV.
COMPILED AND EDITED BY
NATHANIEL BOUTON". D. D.
Corresponding Secretary of the New-Hampshire Historical Society.
MANCHESTER:
JOHN B. CLARKE, STATE PRINTER
1870.
NOTICE.
Joint Resolution, passed by tlie Legislature of New-
Hampshire.
Resolved hj 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 super-
intend 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 the State, one copy to such of the Public
Libraries of this State as the Governor may designate, two
hundred copies to the New-Hampshire Historical Society, and
the remainder placed in the custody of the State Librarian, who
is hereby authorized to exchange the same for similar publica-
tions issued by other States.
Approved July 6, 1866.
EDITOR'S PREFACE.
This fourth volume of Provincial Papers embraces the latter
part of the Administration of his Honor Jonx Wext^vorth,
Lt. Governor and Commander-in-Chief, in the absence of Gov-
ernor Samuel Shute ; the brief period of Governor William
Burnet's administration, 1729, and that of Governor Jona-
than Belcher, from 1730 to October 1737. TJie volume is of
special and permanent value as containing all the proceedings
of the Governor, Council and General Assembly of the Prov-
ince, and all official documents and papers found in the Secre-
tary's office, relating to the long controversy between New-
Hampshire and Massachusetts, in respect of the boundary lines
between the two Provinces. The correspondence, also, between
Governor Belcher and Secretary Eichard Waldron and others,
and also that between John Thoralinson, Esq., agent for the
Province, in England, and Theodore Atkinson, Esq., and others,
of New-Hampshire, will be found to be of great interest and
value.
In copying and preparing these Papers for the press, the
editor has adhered to the rules at first adopted : viz., to preserve
the exact words and orthography, capitals and abbreviations of
the papers transcribed ; even the punctuation has for the most
part been left untouched. Where names of persons in office
very often occur, it is denoted by passim^ and not always
noted in the Index.
iv editor's peepace.
The fifth volume of Provincial Papers will complete the
record of Governor Belcher's administration and the corre-
spondence relating to the boundary lines, between John Thom-
linson, Esq., and Mr. Secretary Atkinson. Also, additional
letters from Gov. Belcher to Secretary Richard Waldron ; but
the greater interest and value of the volume will consist in the
full record it will contain of the part that New-Hampshire took
in the expedition against Louisbourg, 1745, under the adminis-
tration of Gov. Benning Wentwokth.
Concord, December, 1870.
GENERAL CONTENTS.
VOLUME IV.
Lt. Governor Jonx Wentworth. pages.
Records of Council, 1-22
Notice of Archibald McPbreclris, Esq., . . . 1, 2
« « Hon. John Frost, 4
« « " Thomas Packer, .... 5
« " " Jotham Odiorne, ... 8
" " " Samuel Penhallow, ... 18
Form of Oaths, 10, 20
Journal of the General Assembly, .... 23-308
Letter to Henry Newman, Esq., .... 30
Speeches of Lt. Gov. Wcntworth, . 46, 54, 60, 80, 87, 106
127, 148, 163, 187, 205, 240, 261, 2S0, 295
Answer to the Lt. Gov" Speeches, 49, 62, 82, 90, 129, 156
173, 197, 213, 264, 290, 296
Block-house at "Winnipishoky Pond, . . .56, 58
Address to his Majesty, ..... 8o
Henry Newman's Letter to Committee, . . . 146
Rev. Hugh Adams, of Durham, . . • 171, 412
Submission of Eastern Indians, &c., 1725, . 188-190
Notice of Hon. Peter Coffin's death, • • 209
Henry Newman's Letter to Lt. Gov. Wentworth, . 225
Treaty with the Indians at Casco, 1727, . . 254-258
Vi GENERAL CONTENTS.
PAGES.
Journal of the House of Representatives, . 308-502
Names of Representatives, .... 326, 484
Letter from Gov' Samuel Shute, .... 322
Bridge over Lamprey river, .... 374
Stores belonging to Fort Wm. and Mary, . . 448
Speech of Lt. Gov' Wentwortli, . . . 458, 464
Triennial Assembly, ...... 469
Complaint against the Court of Chancery, . 479
Choice of Speaker, refused, ..... 486
Proportion, for Town taxes, .... 499
List of Tax-payers in New-Castle, 1728, . . 503
Administration of Gov' William Burnet, 1729, 504
Journal of the House — continued, .... 504-533
Salary of Gov' Burnet, 513
Death of Gov' Burnet, 528, 555
Answers to Queries sent by Lords of Trade, &c., 532, 533
Journal of the Council and Assembly, 1729, mider
Gov' Burnet's administration. . . . 534-558
Speech by the Governor, 534
Instruction 30*^ to the Governor, . . . 535
Madam Vaughan's Letter to Gov' and Council, . 538
Message from the Governor, .... 539
Instruction 24* to the Governor, .... 541
Administration of Gov' Jonathan Belcher, 1730, 559-832
Notice of Gov' Belcher, 561
Journal of the House, 1730-1737, . . . 560-756
Governor's Speeches and Meassges, 562, 566, 573, 579, 589
601, 607, 615, 623, 630, 644, 647, 662, 666
673, 679, 685, 697, 711, 716, 734, 743, 762
Answers to Gov'^ Speeches, 564, 576, 591, 602, 617, 632, 652
664, 684, 688, 707, 717, 735, 742
Instruction 32'' to the Governor, .... 561, 567
Instruction 77"' to the Governor, . . . 568
Names of Members of the House, . . 572, 628, 646, 671
Boundary lines between Mass. and N. Hamp., . 573-756
Address to his Majesty, 1730, .... 584, 613
GENERAL CONTENTS.
TU
JouEXAL OF THE HousE — contiiuiecl.
An Act appointing Commissioners to settle Bound
aries, ..'......
Death of Hon. Richard "VValdvon, Sen.,
Death of Lt. Gov'' John "Wentworth,
Objections to the Massa. Act about the lines,
Quakers, Act exempting, &c.,
Notice of David Dunbar, Esq., Commission of Lt
Governor, ...... 599,
Address to his Grace, the Duke of Xcw Castle,
Capt. John Rindge — notice of, .
Governor's order about £15,000 loan.
Remarks on representation of Lords of Trade, &c.
Capt. Joshua Pierce's letter to Gov'^ Belcher,
Gov' Belcher's Answer to s'^ letter,
Addresses of the House to the Governor,
Message from the Council to the House,
Queries of Lt. Gov. Dunbar to the Council,
Letter of Gov"" Belcher about boundaries,
Queen's Chapel, Portsmouth, 1734, .
Communication of Gov. Belcher to the Council,
Letter from Hon. John Sharpe to Gov'' Belcher,
Letter of Gov' Belcher to Lt. Gov' Dunbar, .
John Thomlinsou, Esq., Agent for the Province,
Riot at Exeter,
Return of members disallowed by Governor, .
Act for Supply of the Treasury, .
Letter from Wm. Packer, jun., to Sec^ Waldron,
Burning of Sec^ Waldron's house, 1736, .
Chester Petition,
Lt. Gov. Dunbar and Gov' Belcher, .
Plan or Draught of Merrimack river, .
Benjamin Rolfe, Esq., notice of, ...
Determination of Commissioners on the boundary
lines, objections to, ..... .
Journal of the General Assembly, 1730-1737, .
Notice of Secretary Waldron, Jun.,
585
587
587
590
597
500, 7.S0
610
612
624
624-628
629
629
636, 641
643
645
648
650
665
609
670
677
678
683
693, 722
698
713
727
730
738
742
745
757-832
767
viii GENERAL CONTENTS.
PAGES.
JouiiNAL OF THE Geneeal Assemblt — contiiiued.
Col. John Plaisted — notice of, . . . . 775
Bemiing Wentworth and Theodore Atkinson de-
cline admission to the Council, .... 794, 802
Order in relation to marriages, .... 832
TiiOMLixsoN CoRRESPOisrDENeE, .... 833-865
Belcher Correspondence, 8G6~880
[See Index at the end.]
Erratum. On page 887, in a note by the Editor, "November
17* 1738," shoukrbe October 20, 1737; and "1724-1748,"
should be 1724-43.
NEW HAMPSHIRE
PROVINCIAL PAPERS
VOLUME IV.
[note by the editor.]
[The "Records of Council" which follow from June 21, 1722, to
November 2, 1728, were copied from a MS. volume in the Secretary's office,
labelled "Commissioners, &c., Council & Assembly Records, 1680 to 1740,
Imperfect." The reader will perceive that these " Records " are exceedingly
meagre and imperfect ; but they are the only " Records of Council " that can
be found relating to the above-named period, or until April .5, 1742. Prob-
ably a portion of the Records of Council were destroyed by a fire which con-
sumed Secretary Waldron's house in 1736.* But though thus imperfect, it
will be found, that these Records contain some matters of great historical
interest and value. Pages in the margin correspond with those in the MS.
record.!
[p. I.] Pro. N. Hami^. At a Council, June 21, 1722.
Pi'esent,
Lt, Gov'
Mark H unking,
Thos. Packer,
Arcli. 3IcPlieadris(l).
* See notice of the fire under data May 21st, 1736, in tlie " Journal of the House."
(1) Archibald MacPheadris, Esq., is among the tax-payers in Portsmouth in 1727.
He built a splendid mansion at Portsmouth in 1718-1723, which cost :K6000, and is still
Standing, at the corner of Daniel and Chapel streets, now known as the Warner
house. This house is provided with a lightning-rod which was put up in 17G2, under
the personal inspection of Dr. Benjamin Franklin, and was probably the first put up
in New Hampshire. Captain MacPheadris was a native of Scotland, an opulent mer-
chant, and was a leading projector of the first iron-works in America. He was at the
head of a small company which commenced the manufacture of iron from the ore at
Lamprey river. In 1719 the General Court of Massachusetts granted to the Company
a slip of land two miles wide, at the head of Dover line. This land waa to furnish
2 PROVIN-CE OF NEW-HAMPSHIRE. [1"22
His Hon'- laid before tlie Board a Cliarter for Lond° Derry,
signed by the Gov"', -wliicli Avas read and tlie question put whether
tlio Clerk should oountersig-n and seal it, w"^'' was resolved in the
alfinnative. The Cler. x)reseiited y" report of Col° Davis & Capt.
Gcrrish ab' y« road to Winnipishoky pond, to y"^ board, vsiiiah his
Hon"" took to himself.
Prov. of N. IIanlp^
At a Council at Portsm° June 27, 1722.
Present
Lt. Gov'
Sam' PenhalloAV, i Thos. Packer, j)
Mark Iluiiking, > Esqs. Arch*^ McPheadris, > Esqs.
Geo. .lalirey, ) Kich'' AVibird, )
His Hon'' the Lt. Gov"' laid before the Board a letter from Mr.
Secretary "Wllliard, dated June 20, 1722, directing him in the
Govei"** name to cause 30 men to be imprest in this Prov : to joyu
y* Eastern recruits; and another [p. 2.] letter from his Excel-
lency, dated the next day to Inforce it ; and he likewise informed
the Board he had ordered the impressing j" 30 men according to
s"^ order, whom he expected to appear forthwith ; and thereupon
prox)osed that the Treasurer should subsist them for the present,
& that y^ clerk forthw*"^ issue out summonses to the several mem-
bers of the House of represent' to meet in Gen^ Assem. to morrow
at 3 o'clock p. M., which was resolved, nemine contradicente.
Prov. of N. ITamp^
At a Council at Portsm° July 3d, 1722.
Present :
Lt. Gov. "Wentworth,
Sam' Penhallow, t. ■, ■
/ . , ^ T. ,«>■„,„, ' Jiunking,
Itco. Jailrev, -,,,., . . "'
Arch<i i\Ia(;Pheadris, ^^ ^'"^■^••
AYhereas his Hon"" the Lieut. Gov'' and this Board are credibly
informed that there is now and hath been for 48 houres last past a
pirate sloop lying near the Isles of Shoales to the Eastward
fuol f<ir the iron-works, and a location for settling the foreign operatives. Captain
M)icPhca<lris niarrieil Miss Sarah Went worth, one of the sixteen children of Lt. Gov-
triiiir John Wentworth. They had but one daughter, Mary, who married, in 1754,
lion. .Iiiiialhan Warner. Capt. MacPheadris died in 1729. His widow married
Hon. Guorge Jaffroy.— .SVe llainblei about Portsmouth, p. 13S.
1722.] RECOEDS OF COUNCIL. 3
thereof, which may w"^ the greatest probability destroy all vessels
as well provision vessels as the fishery and all others upon the
coast, if proper measures do not prevent: It is therefore in
Council concluded and resolved. That a suitable vessel be forth-
w"' provided for pursuing the said jiirate, and for the encourngm'
of all such as shall enlist themselves on board the said vessel to
pursue the s** pirate, each person so enlisting [p. 3.] shall receive
in hand 20s. cash for 4 days, and for any longer time they shall
be absent, further reasonable wages, and that they shall be en-
titulod to the King's bounty, which is £10 prhead, and the vessel
w"^ all api)arell, & w"* all cargoe in case of caption.
Pro. N. Ilamp"".
At a Council, July 14, 1722.
Lt. Gov
Sam'i Penhallow Shad. Walton
Mark Hunking Ilich'' Wibird
Geo. Jatirey Tho. Packer.
The Lt. Gov' laid a complaint w'^'^ he had received from J.
Odiorne, Esq., ag*' Col. Walton: Ordered to be heard the first
Tuesday in Aug' next. Ordered, The Lt. Gov' be reimburst out
of y*^ treasury £7 : 15: 6, for his expenses in settling Garrisons in
y* frontiers. Ordered, Mr. Phipps & Mr. JafFrey agree upon the
bill of cost of Amory vs. Winkley.
Ordered, That the postmaster be paid S"*^ out of the treasury
for publick letters to and from this Goverm' to this day.
Pro. N. Ilamp'.
At a Council, July 20">, 1722.
Present :
Lt. Gov'
Sam' Penhallow Geo. JalTrey
Rich'i Wibird Tho« Packer.
The Lt. Gov' laid before the Board an ace' of Robinson,
am" to 30 lbs. 17 : 2, for work at y" Fort. Ordered that a warr' be
issued out to the Treasurer for 20 lbs. payable to s'^ Robinson in
pai't, and that the acct. be laid before the [p. -4.] Gen' Asseni. at
their next sessions allowance.
Resolved, That whereas there was 2 act' entered by Amory &
Winkley at y*^ Court of Appeals, at y" last term, and Judgm' en-
tered onely on one, that y*^ bill of cost to be taxed now be ouely
the costs in that case.
4 PROVINCE OF NEW-HAMPSHIRE. [1723.
Pro. N. ILalnp^
At a Council at Poi-tsm° Jan^ 9"', 1722-3.
Present :
Lt. Gov'
nir 1 TT 1- -17 ^ Geo. Jaffrev ? Von,c
Mark Hunkmg, Esq. j^-^j^^ ^ibird, \ ^''l^'
His Hon'' the Lieut. Gov'' laid before the Board a letter directed
to him, bearing date y" 27"' X^% 1722, from his Excellency GoV
Shute, imi^ortiug that there is a great deal of difficulty and delay
in the affairs of y^ Goverm' for want of a sufficient number to fill
up his Majestys Council, and therefore that he had recommended
Jno. Frost, (1) Esq., for one, till such time as they are filled up
from home; which letter being read, the said Jno. Frost, Esq.,
was sent for to the Board, to whom was administered y"^ oaths,
instead of y'= oaths of allegiance and supremacy, and the abjura-
tion oath, and y" oath of a Councilloi-, and y" by \° [p. 5.] advice
of y* Council took his place at y Board accordingly.
In Council, May 21^', 1723.
Voted, That Mark Hanking and Rich'^ Wibird be of the Com-
mittee from the Board to joyn w* so many of the House of Rep-
resentatives to examine the claims and Demands and audit the
accounts of all persons to be laid before the Gen^ Assem. at this
Sessions, and that they make their report as soon as conveniency
will permit.
Rich'* Waldron, Cler. Con.
(1) lion. John Fkost was of New Castle. He was a native of Kittery, Me., born
iu 1G81, and was the son of Major Charles Frost, who was slain by the Indians on the
Sabbath, July 4th, IfiOT, as he was returning from meeting, and grandson of Nicholas
Frost, an emigrant from England, born at Tiverton, about the jear 1589, and settled at
Sturgeon Creek, iu Eliot, lB36, where he died in 1663. This grandson, Hon. John
Frost, in 1702 married Mary Pejiperill, sister of Sir William, the baronet. Estab-
lished at New Castle, he .soon rose to eminence. He wag a member of his Majesty's
Council, at one time commanded a British ship-of-war, .afterwards pursued the pro-
fession of a merchant, and was much distinguished and highly useful in civil life.
His place of residence was on an eminence, westerly of the Prescott mansion (since
the Almshouse), commanding a view of the spacious harbor, the river and its table-
lands, with the lofty Agamenticus in the distance. His family was numerous and
highly respectable. He die 1 February 25, 1732, aged tifty-one years. — See liamblea
about Portsmouth, ;). 8G, and Farm. Belk., p. 411.
1723.] RECORDS OF COUiNCIL. 5
[p. 6.] Pro. N. IIanlp^
Council, Jime 26, 1723.
Lt. Gov'
Mark Iluiikiiig, ^ Ricli'^ Wibird, ^
Geo. JaflVey, > Esqs. Packer, > Esqs.
Shad. AYalton, ) Jiio. Frost, )
Rob' Armstrong, Esq., presented a Memorial to y"^ Board und'
his hand, setting forth that he had been f.ilsely represented to the
jjQubie ye Lords of y* Treasuiy, and therefore praying that his
character might be cerifyed by the Honourable Board, &c., as pr
y« Memorial at large, on tile. "Whereupon, It was resolved to
give the s<^ Armstrong y'^ following certiticate (namely), That
during our acquaintance av"^ the s"^ Kob' Armstrong, Esq., y« IMe-
morialist, and his abode in this Province, he has behaved himself
as a loyal subject and faithfull officer, and in no way inclined toy"
Pretender, nor any of his adherents, by anything that has ever
occurred to our knowledge.
By order of y« Lt. Gov"' & Coun.
R. Waldron, Cler. Con.
Col. Huuking presented to the Board a return of Stratham
south-east bounds, signed by himself and James Jaffry ; the same
was ordered to be filed w"* y® Report of y* committee appointed
to settle all y« town bounds in y*' Province.
[p. 7.] Pro. N. Hamp^
At a Council at Portsmouth, July 22^, 1723.
Present
Lt. Gov"",
Mark Hunking, \ ^ Rich-i Wibird, } -p
Shad. Walton, S ^ Tho' Packer, (1) \ ^^^^'
The Committee appointed by y° Gen' Assem. the first day of
June, 1723, to survey Lampry River and report y** most commo-
(1) Thomas Packer, whose name appears here for the last time as a member of
his Majesty's Council, was a physician — " One of the earliest surgeons of Portsmouth
who liad been regularly bred to the profession. He was born in London. He came to
this country a young man, resided a short time in Salem, and then removed to Ports-
mouth. There being no physician here at that time of much repute, he united the prac-
tice of physic with that of surgery, and attained some eminence in both. JIo held the
office of Judge of the Court of Common Pleas, Lieutenant-Colonel in the Militia, and
Judge of Probate for the Province, for many years. As Judge of the Court of Com-
mon Pleas, he was superseded in 1095; and from the other two offices, was dismissed
by the President and Council the beginning of the year 1697. He was appointed
Councillor in 1719, which office he held till his death." [Farmer puts his death ii;
1723.— Ed.] Adams' Ann. of Ports., p. 154.
6 PROVINCE OP NEW-HAMPSHIRE. [1723.
dious place for Iniikling- a bridge across s<^ river, this day made
their Report to the Board as follows :
Committees Report.
Ordered, That the Clerk serve the selectmen of Dover w^'^ two
copys of y^ said report, and direct them to serve the selectmen of
Exeter with one of the s"^ copys, and withal to Ictt the s*^ select-
men of Dover know that his Honour the Lieut. Gov"' and Council
expect that a suitable bridge be built assoon as possible at the
place mentioned in y'' s"* Report, w"""^ they have accepted, and that
they comnmnicate the same to the s"^ selectmen of Exeter, in
order to that town's bearing their i^roportionable part of the
charge of said bridge, as to right and justice doth appertain.
Rich'i Waldron, Cler. Con.
Pro. N. IIamp^
At a Council, Jan. 22, 1723-4.
Col. Plaisted and Capt. Frost appointed Justices of Peace, and
sworn and ordered to be inserted in the Commission of the Peace
accordingly.
Pro: N. ^amp^
At a Coun' Feb. 2'2^, 1723-4.
[p. 8.] Present,
Lt. Gov',
Sam^ Penhallow Geo. JafTrev ) ^
:\Iark Ilunking Rich'i AVibinl \ ^^'l^*
His lion'' presented a Comniission to Sam^ PenhaHow, Esq., to
be Treasu'' of this Province, and acquainted him that he had
ordered y'= Clerk to prepare a bond for him to sign w"" two sure-
ties for his fidelity in y'' office, &c.
Feb: 24. ¥••' bond signed pr Mr. Penhallow, Rich'i AYibird,
Esq., and I5enj. Gambling,(l) Esq., as on file.
At a Council, July — , .
[p. 9.] Present,
Lt. Gov.
^Ii'- . ^Ii". JalVrey, Mr, McPheadris.
Ordenul, That y"' Treasurer provide necessary for 40 men to be
detached for a cruice after y*^^ Eastern Iiul'".
(nncnjamin Ganiblcn (or Gambling^, Esq., was a gentleman of propertv in Forts-
moutli.
1724.] RECORDS OF COUNCIL. 7
[p. 10.] At a Council, July 15"'.
Present,
Lt. Gov-^
Sam' Penhallow Geo. JaflVov
Shad. Walton Eicli'' Wibird.
Capt. Jno. Salter & Tho' Mannery appearing at y" Board by
order of his Hon'', and being examined of a late cruise they were
imployed in after y« Eastern Iud°' ; upon which there appeared
that there Avas just cause to suspect them guilt}' of horrible cow-
ardice : wliereupon it was ordered, y' y^ b^ Salter and Mannery
appear at y" Council Chamber on y^ 12"^ of Aug''' next, at 10
o'clock A. M., to undei-goe a proper & regular ti-yal by a Court for
that end to be appointed, & y'
[p. 11.] Pro: N. IIamp^ At a Council held at Xow Castle, y*
26 July, 1729.
Present, His Honour John AYentworth, Esq. Lieut. Gov""
Sam'. Penhallow ) ci i iTr m.
. MarkHunking <Esqs. f^i'l' w-/-"'!
Geo. Jafirey S ^^'''^' ' ^^'^'''^-
Y« Indian Scooner first discovered unde"" y*^ Eastermost Green
Island to y'' Westward of 2funpomecus \_?'\ hast Fry day, between 3
& 4 o'clock P. M. & that Capt. John Salter was then ab' a league
& h distant to y<' Eastw<i & to windward withall. & y' y« Depo-
nent tack'd his vessel to speak w"" his Consort Salter & came up
w"" him, & spoke w"^ him in less than ^ an hour, & then told tliat
under yonder Green Island were the Enemy they came to seek for,
and asked him if he would go Sc see him ; — to which Capt. Salter
reply ed, he would; & upon s'^ Salter's so saying y'' Deponent shot
along ahead of him toward y'' Ind" scooner, & Salter follow'd on ;
but being at some distance behind, y'^ Deponent asked his men if
5^y were willing to run down upon y® scooner and board y'", and
some of his people reply'd, it was best to stay for Salter: then
the Deponent wore his shallop i-ound to speak w"' Salter again,
& haled him, & desired him to bring too in order to attack the
enemj' ; y'' Deponent plainly seeing y*" Ind"' on board y^' scooner,
& supposing that Salter did the like; upon which Salter wore
also and said that he Avould have y'' Deponent take tlie first fire,
& that the Deponent said he was willing & would never leave him.
Upon which Salter pray'd y* Deponent not [p. 12] to take the
wind from him — that the scooner dogged the sliallops ab' an hour
&i.
That when y^ Deponent offered to go if 10 men would stand by
him, y^ people generally that were forward said yy Avere not will-
ing to fight Av"'out Salter; — & y' he suijposed Hooker & Hoojier
were there.
8 PROVINCE OF NEW-HAMPSHIRE. [1724.
John Hooker, sworn.
Benj'' Yeaton — Benj'' Libby.
That they heard ]\Iannery say, if after Salter was gone, y* if 10
or 11 would but come aft & hold up their hands & stand by him,
lie would li<i-ht y"= scooner; yet but they themselves were not
willing w"'oiit Salter.
Joseph Cowel :
That he was not willing to light w"'out Salter was there.
Wm. Packer:
That he heard Maunery say, if 11 men would come aft & hold
up their hands to stand by him, he would fight y« Ind"^^ in ye
scooner.
Jn° Jones :
That he was not willing to light after Salter was gone, but he
heard Mannery say something ab* 11 men, but he would not say
certainly what.
Immanuel Martin :
That he was not willing to fight after Salter was gone,
[r. i:5.] Sam' Emery:
Y' he heard Mannery say, if 11 men would stand by him, he
would fight j" scoouer, but y' himself was not willing without
Salter.
Tho. Barns:
That he was not willing to tight after Salter was gone.
Andr''' Barns :
Tliat he heard Mannery say, if 11 men would stand by him, he
would tack upon y" scooner and fight them; but y' he himself was
not willinir.
[p. U.] Bro: N. Hamp^ At a Council at Portsmouth, 7^' 2G"^,
1724.
Present — His Hon' John Wentworth, Esq., Lt. Gov'
Mark Hunking ^
Geo. JafiVey > Esqs.
B. Wibird )
His Honour y^ Lt. Gov' laid before y^ Board a warrant signed
George K. & by His Maj"'''' Command, Hollis, New Castle, Dated
at Kensington, y^ 9* day of July, 1724, for admitting and swear-
ing Arch'' MacPheadris, Esq., to be of y" Council of this Province.
And another for John Frost, Esq., signed as afores*^, and
dated y« 10"' day of July, 1724.
And another for Jotham Odiornc, Esq., signed as afores"", &
dated y« 11"> of July, 1724.
And the s"^ Arch** MacPheadris, Esq., John Frost, Esq., being
sworn before, Jotham Odionie, Esq., (1) was swoi-n & admitted
to be of the Council accordingly.
(1) Hon. Jotham Odiorne was, in early life, a resident of Newcastle; but after-
wards lived in a house on Market street in Portsmouth, which was burnt iu the great
1725.] RECOEDS OF COUNCIL. 9
[p. 15,] Pro: N. Hamp^ At a Council held at Portsm" Jan.
7"^, 1724-5.
Present,
His Hon"- the Lt. Gov%
Sami Penhallow ) Shad. Walton )
Mark Hunkiiig V Esqs. liich^' Wibird > Esqs.
Geo, Jalirey ) Jno. Frost )
Arch'^ MacPlieadris, Esq.
His Honour the Lt. Gov"" pursuant to y" vote of Gen' Assembly,
having appointed Mr. Theo : Atkinson a Commissioner to join y«
Commissioners of tlie other Governments upon a ^Message to y^
Gov^ of Canada, and furnishing him for his Journey, Ordered
that a Warrant be issued out for y'^ Paym' of 130£ out of y« Treas-
ury.
[P. 17.]
To the Honourable John Wentworth, Esq. Lieut, Govern'' and
Commander-in-Chief in and over his INIajesties Province of New
Hamp% and to the Honourable the Council sitting in Portsnr^ in
the s'l Province; — the Complaint and Pelition of Eich'^ Scotton,
Attorney to Cha: Ungle, High Sherift' of the County of Dor-
chester in the Province of Maryland most humbly sheweth:
That James Smith alias Spurting was by lawful authority in the
month of December, 1724, connnitted to the keeper of the Goal
in Dorchester County afores*^ for suspecion of Felony, for otlering
to sale and selling to a certain Theophilus Pugh of Nansemond
County in the Colony of Virginia, malleable composition of min-
erals or mettals heavier than silver, which the s'' Smith alias Spur-
ling rated and sold as good gold of the value of one hundred
twenty and three and halfe ounces, at four pounds pr ounce, curr*
money of America, altho' at the same time he knew the s'' compo-
sition to be false and countertital ag'' the Peace and Coiitrary to
the Statute in such case made and provided; and the said Smith,
alias Spurting, being so committed to custody, did soon alter make
his escape from the afores<^ Ungle, High Sheriff as afore^'', and is
come into this his Majesties Province, and the s<^ Ungle in danger
of being highly amerced and being a great sufferer thereby —
Your Petitioner therefore humbly prays that your Honour and
fire, in 1802. He married, al>out 1720, Mebitable, daughter of Robert Cuft, of Kittcry,
and bad three daugliters: SaraJi, who first married Henry Appleton, and second,
William Ajipleton, (who, though of the same name, was not a relative of her first hus-
band); Mary, married Cai)t. Peter Pearse, of Portsmouth; and another daughter was
the mother of Mrs. John Peirce. Hon. Jothara Odiorne, died August 16, 1748, aged
73, -See Kam. about Portsmouth. p. 150, and Farm. Belk.,p. 412.
Note. — Brewster in big "Kambles" says Jotbam Odiorne died 17C1,
10 PROVINCE OF KEW-HAMPSHIRE. [1726.
this Honourable Board would please to order liim to be sent back
from thence to the County from whence he escaped, [p. 18.] that
Justice may be done : — and your Petitioner shall ever pray, as in
duty bound.
ElCHAKD SCOTTON.
31 Jan>-, 1725-6.
Pro: N. IIamp^ At a Council held at Ports'm", Jau'-y 3P*,
1725-6.
Present,
His Hon-^ the Lt. Gov'
Geo. Jaffrey ? t^,^^^ Thos. Westbrook ? t^
Kich"! Wibii-d \ ^•'^'- Jno. Frost \ ^'^'-
Jotham Odiorne, Esq.
ForasnuK^h as Rich'^ Scotton hath followed James Smith alias
Spurling from Maryland to this Province, by hue and cry, for an
es.cape from Mr. Sheriff Ungle, of y*' County of Dorchester, in 6"^
Maryland, Avho was there committed to the custody of the s*^
Sherifl" on suspicion of felony, and hath produced a full Power of
Attorney from the s'l Ungle ; and Whereas the s*^ Scotten hath
preferred a Petition to the board prating that the s*^ James Smith
alias Spurling, noAV in Goal in this Province, may be sent back to
the said County of Dorchester for the reasons set forth in the s*^
Petition : —
Ordered, That the s"* James Smith alias Spurling, be delivered
into tlie hands of the s"^ liichard Scotten, by Benj-' Gambling, Esq.
High Shoriflf of this Province, in order to be transported from
hence to the said County of Dorchester ; — he the s** Scotten pay-
ing the Goaler all the lawfull fees due for y*^ imprisonm', Diet,
&c., of the s"^ Smith alias Spurling,
R. Waldron, Cler. Con.
[p. 19.] •
By y'^ Hon'''" Jno. Wentworth, Esq. Lt. Gov' and Command'-in-
Chief in & over liis Maj"^" I'rov. of N. Hamp"" in N. England:
A Pkoclam: von a Publick Fast.
Forasmuch as our Good God is y<^ bountiful bestower of all our
benefits; & Avhereas it is o' boun'den duty & highest interest to
imi)lore y" smiles of his Providence on all" o"" afiairs, & especially
w"' regard to y« advancing seasons of y« year, I have thought fit,
with y'' advice of liis i\Iaj"^» Council, to* order & appoint y*^ Thurs-
day, y« 2i'. of y*^ Instant March, be observed as a day of publick
172G.] RECORDS OP COUNCIL. 11
lastinw- & prayer tlirougiiout this Province; hereby exhorting
both Ministers and people in y"' respective Assemblys, reli<iiously
to observe the same, by liumble & penitent confession of sin &
fervent supplication for y'^ pardon thereof; & by sincere & hearty
pi-ayer y' y*^ Judgments of Heaven may be averted & y*^ blessings
y''^of showered down upon us, who merit not y« least favour;
particularly, that the precious life & health of our Sovereign Lord,
King George, may be continued that their Royal Highnesses y*
Prince & Princess of "Wales, & all y" Royal Progeny may be pre-
served; that [p. 20] his Majesty's Councils may be und"" V® Divine
Guidance, & his Enterprises succeeded; that y'' administration of
Goverm' in this Province maj^ be prospered; that o'' privleges of
all kinds may be prolonged; that y"^ Peace w* y*^ Ind"^ lately
agreed on may be ratify'd & long-lasting; that health may be con-
tinued, and our husbandry, trade & tisher}' may be bless'd; that
y" true Protestant religion may flourish, and y" professors of it be
supported and defended ; & y' y'' Kingdom of our L** & Sav"" J. X.
may be advanced; Aud all servile labour & recreations are for-
bidden on y"^ s*^ day.
Given, &c., 16 March, 1725-6.
Pres' — Lt. Gov"", in Council,
Mark Ilunking Rich'^ Wibird
Geo. JaflY-ey Tho. "\Yestbrook.
The above ordered to be issued out to y" Ministers forth w*.
R. W.
[r. 21.] Pro: N. Hamp'.
At a Council held at Portsm'' May lO"' 1726.
Present,
His Honour Jno. Wentworth, Esq. Lt. Gov''
Mai'k Hunkiug ^ Richard AVibird j)
Geo. Jafirev >Esqs. Joth. Odiorne > Esqs.
Shad. Walton ) )
It being reported to the Board that in Pursuance of a late vote
of the Gen' Assemy of the Province of iNhiss", sundry persons are
going or gone to lay out, take possession of, & settle upon some
of his Majesty's lands within the limits of this Province, at or
near a Place called Pennecook, without the consent of this Gov-
erm' for so doing, which is not only unneighborly, but unjustifi-
able, and has a tendency to the destroying the Mast Trees fit for
his Majesty's service that may be growing thereon, Avhicli the
Lieut. Gov"" and Council in faithfulness to his Majesty & in dis-
charge of the trust reposed in them cannot pass by without bear-
ing testimony against. It is therefore Ordered, That a Connuittee
in behalf of this goverm' viz: Messrs. Nath' Wear, Theod'' Atkin-
son & Richard Wald" jun. immediately repair to s^^ Pennecook,
12 PROVLXCE OF NEW-HAMPSHIRE. [1726.
& forewaru any persons whom they may find there or thereab'
from hxyino- out, taking possession of, or settling at or near the
Place caird Penuecook, or Presuming to appropriate any other
of his Majestys lands within this Province, till they shall have y"
Countenance and grant of this Goverm* for so doing; & to direct
them in an amicable way, forthw"' to withdraw y'selves from the
B'' land, & their pretensions to it, by virtue of the afores"i vote of
V* Gen' Assem. of y" Mass^.
•^ E. Waldron, Cler. Con.
[p. 22.] In obedience to an order of His Hon"" the Lt. Gov"" & the
lIon'''>^ tlic Council, made y^ 10"^ Instant, appointing us a Cominit-
tee w"' directions to repair immediately to Pennacook and fore-
warn anv persons whom we might find there, from laying out or
settling upon that place or any other of his Maj"*^" lands w"Un this
Govrm'as pr the s*^ order will more at large tt fully appear: AVo
have been at s'' Pennacook, wliere we found his lion'' Coll. AVill'"
Packer, Esq. Jno. Wainwright, Esq. & Col. Elez'' Ting, Esq., w"'
sundry others, (mostly unknown to us) to y'' number of near fortj'
men, who were tailing the trees & laying out the lands there:
Whereupon, we presented them with the order of Conn' afores^,
and assured y'" that their Proceedings were highly displeasing to
y*' Goverm' w*^*^ sent us hither, and tJiat they might depend upon
it when y'= Controversial boundary between the two Provinces
should be determined, the poor misled People who might be in-
duced to settle there und"" y" colour of a Mass^ Grant, would be
dispossessed of the said lands or suffer some other Inconvenience
equally grievous; and that y*^ Message on which we were sent &
y" fair forewarning they had by us, would take away all occasion
of complaint when they should be compelled to leave ye s*^ lauds
& lose y'' benefit of their Improv'"'^
To which y" gentlemen before named were pleased to reply,
that as we were sent by y'= Goverm' of N. Hamp"", so were yy by
y" Goverm' of ^Mass"^ & y' [p. 2:3.] when they returned home "they
would lay before their Gen' Assem: the order of Conn' w*^"^ we
had deliver'd, Avho without doubt would pass thereon as they y°
8*^ Gen. Assem: should think I'roper.
Dated at Portsmouth, y^ 18"' of JMav, 1726.
J ' Nath' Weare
I?ichard Waldron
Theodore Atkinson.
1726.] RECORDS OF COUNCIL. 13
Pro : N. Hamp^
At a Council held at Portsm'' Aug. 20"', 1726.
Present Lt. Gov
Mark Hunklng ^ Eicli'^ AVibird ")
Geo. JaftVev >Esqs. Arch'^ ^Macpheadris > Esqs?.
Shad. Waltou ) Joth™ Odiorne )
"Whereas the thirty slulHngs bills of Credit of this Province
signed James Davis, Peter Wear & Joshua Pierce, are counter-
feited, & sundry of the s'^ [p. 24.] counterfeits have been oflered
in payment which are not supposed to be struck from a Copper
plate; — to prevent y* spreading thereof. It is ordered That the
same be published in the Boston Gaz'zette that all persons may
beware of y* s"^ Counterfeits ; and for Encouragem' of y*^ Discov-
ery of the s*^ Plate, any person or Persons that shall give Informa-
tion, so that the s'^ Plate may be found & the offender be brought
to Punishment, shall receive tifty pounds out of y*^ .Treasuxy of
this ProA^nce as a reward for his service.
Pro : X. IIamp^
At a Council held at Portsm" Sept. 2-1, 1726.
Present in Coun^
His Hon'' the Lt. Gov""
jSIark Ilunkiug j^ Rich'^ AVibird j)
Geo. JattVey > Esqs. Jno. Frost >Esqs.
Shad. Walton ) Arch. Macpheadris )
Ordered, That Capt. Wm. Bowen be allowed and paid 22£ out
of y*^ Treasury in full for y^ hire of his Brigantine, & for y'= ser-
vice of his jSTegro, to Casco Bay.
Ordered, that Mr. Fellows be p<^ 3£ out of the Treasury for an
advertisem* ab' 30s bills in y^ Gazette.
Ordered, That Hampton, Exeter, Kingston, Dover & Derry be
served w'** a copy of a Proclam" of Peace, to be sent to y** Chief
Military officer in each town, to be proclaimed by beat of Drum.
[p. 25.] Pro: N. IIamp^
At a Council at Port: Oct. 31, 1726.
Pres' Lt. Gov''
Geo. JafiVey
R. Wibird
A. Macpheadris
Ordered a Thanksgiving Proclam=' be^issued out for a Thanks-
giving dayy« 10* November next : "and y' y* Gen' Assembly be
prorogued till y'= 21"' 9''^
R. W.
14 PROVINCE OF NEW-HAMPSHIRE. [1727.
At a Council, Dec. IS"' 1726.
Pres' y" Lt. Gov'
Coll. Walton Wibird
Mc Pheadris Odiorn.
JatlVey
The Selectmen of Exeter appeared to answer to the Petition of
Chester, and being heard,
Ordered, That NatW Wear, Esq. Deacon Jno. Cate & X>auiel
Lunt be a Comittee to run the head line of Exeter according to
the Ret ur lie of the Grand Comittee for Runing y" lines of y^ sev-
erale Towns, Anno 1778 (1) and that the charge thereof be pay'd
by Exeter & y*' Proprie''"^ of Chester. The s"^ Comitte to make
Returue thereof upon Oath, to y'' Lt. Gov'' & Council as soon as
possib.c.
[v. 26.1 Pro. jST. IIamp^
March 21"' 1726-7. At a Council.
Pres' Lt. Govern''
Coll. Hunking Coll. AYalton
Capt. INIc Pheadris Capt. Frost.
Geo. JaliVcy
Ordered, That there be a Sollenm Ffast kept throughout this
Prov: on Thirsday, y^ 30"^ inst. and that the Clark of the Council
draw Proclamations accordingly,
[p. 27.] Mar. 21: 1726-7.
The petition of Mr. Sam^ Waldo, read at y^ Board, praying the
Attorney Gen^ maybe directed to informe against, seise and Pros-
ecute a parcell of Mat^^ (1) &c.
The Kings Attorney being sent for and appeared, Declared that
if the s*! Waldo would in Due form of Law informe against y^
s*^ Mat™ and Indeninifye against all Damages that might arise to
him, he was ready and willing to do his duty.
Pro : N. ^amp^
At a Council held at Portsm" Apr. 3'\ 1727.
Present Lt. Gov""
Mark Hunking ^ Thos. Westbrook ^
Geo. .hiflVev > Esqs. A. IMacpheadris > Esqs.
Shad. Walton ) J. Odiorne )
Robt. Armstrong, Esq. Deputy Surveyor of his IMaj'*^" woods,
being directed to attend at y"^ Board & Mr. vSam' Waldo's (in be-
ll) This is manifestly an error; tlio grand Com. to run Town bounds was appointed
Dec. 3, 1701.— See Vol. II, p. SCO. Part I.— En.
(1) From what follows, this word " JNIatcs" means or relates to Masts. — Ed.
1728.] . RECORDS OP COUNCIL. lo
half of Ml". Ralpli Golston) his Mem*' being read in his y" s'^ Arm-
strong's hearing, he was aslied l>y his Hon"" y^ Lt. Gov'' wliat he
had to say to y" charge y' was laid against him y"", who rcply'd that
he told Mr. AValdo he had taken y** opinion of y" Advocate Gen' &
of sundry other learned jiersons in that atiair, M'ho were of y*'
mind, y' y"^ trees mentioned were not cognizable in y" Admiralty
Court, according to y" 8* of his Maj'y K. George: wliich advice he
sent home & thought fit to discharge y"^ [p. 28.] s^ Masts ; — secu-
rity being given that y* same should be carryed home & tendered
according to Act of Parliam'. Thus far Mr. Armstrong.
AVhereupon it was desired by y" Board y' his ILm"" y" Lt. Gov''
see that security for carrying y^ Masts to Great Brittain, & tender-
ing y"" to y* Xavey Board accordin , to Act of Parleam'.
In Coun:
Ordered That y" Clerk serve Mr. AYaldo av"' a Copy of y" fore-
going Minutes of Council as an answer to his jNIeni".
Mr. Phipps, Attor. Gen' being sent for, and attending at y"
Board, and Mr. Waldo's Mem° in behalf of Mr. R. Gulston, & sev-
eral letters from him y^ s*^ Waldo to his Hon"" y'^ Lt. Gov"" being
read in his hearing, and being asked by his Hon'' y" Lt. Gov'' what
he had to say to y* s** charge contain'd in s'' Letters, he answered
as follows :
Inasmuch as the lung has commissionated an oflicer to inspect
the King's "Woods in this Province and to preserve the Kings
Woods therein, according to the several Acts of Parliament made
for that end; it aj^pears to me to be his businesse and not mine,
as I am the King's Attorney, to seize the woods mentioned by
Mr. Waldo — unless Mr. Waldo or some other persons do tile an
Inforniation. Thus far Mr. Pliipps.
[p. 29.] Pro: N. Hamp'.
At a Council held at Portsm" Feb^- 11"^ 1727-8.
Present Lt. Gov""
Col. Hunking Capt. Macpheadris
]\Ir. JafiVey Capt. Frost
Col. Walton Capt. Odiorne
Capt. S he rbur n e ( 1 ) .
Benjamin Rust being informed against for maltiously & sedi-
tiously uttering, att the house of Mr. Harvey in Portsmouth, on
(1) Henry Sherburne, of Partsm )uth, was appointed a member of bis JLijesty's
Council ill 1728; be died Bee. 29, 1758, aged 83.— Dd.
16 PROVINX'E OF NEW-HAMPSHIRE. [1728.
or about y* 16* of Jimy last, words that liiglily tend to y« con-
tempt of his Majesty's Lieut. Governour of this Province, and y«
Council as a Court, & in y" Execution of their duty as such, for
which he was apprehended & bound over to appear before y® s*
Lieut. Governour & Council: whereupon y^ s"^ Benj. Eust, appear-
ii)*r, & several Depositions being taken and produced, to support
y'= truth thereof, & y^ same, if fully proved tending- much to pro-
mote sedition & to Defame & Discredit as well y*' s'^ Hon''''" Court
and persons, as alsoe j° other Courts of Justice & their adminis-
tration here legally Established; — That crimes of this nature may
not goe unpunished, Its ordered in Council, That y*^ s*' Benjamin
Eust, forasmuch as y** Su])e'"' Court of Judicature, Assise & Gen'
Goal Delivery is now sitting, to whom y^ Enquiry of these things
more strictly belongs, shall give such security there as to the Hon'''®
Court shall seem meet, to appear and answer y^ s"^ misdemeanour
before y'' s"^ Court, and to be further done with as to Law & Justice
appertains ; — and that notwithstanding y*^ Discharge of his y^ s"^
Eust's Eecognizance, he be held in Custody of the officer who is
hereby commanded to deliver him to y'^ Court of Assize, in order
to be dealt with as above.
E. Waldron, Cler. Con.
[p. 30.] Pro : N. Hamp^
At a Council held at Portsm°, March 27 : 1728.
Pres' Lt. Gov'
]\Iark Hunking Joth. Odiorne
Goo. Jalirev Henry Sherburne.
Eich'i Wibird
His Hon'' the Lt. Gov'' acquainted the Board that he had consid-
ered it would not be for his Majesty's service nor the Interest of
the People, any longer to continue the present General Assembly,
and therefore that he had tho't proper to Dissolve them ; and to
Issue out a precept for tlie calling a new Assembly to meet next
Tuesday, come sen'net. The Couu' unanimously acquiese in his
Hon" sentiments and advised to the Issuing a Precept accordingly.
1723.] RECORDS OF COUNCIL. 17
[p. 31.] Pro:N. Ilami^.
At 11 Council at Portsm" y- — of June,
being Saturday, 1728.
Present
His Hon'' Jolin ^Ventworth, Esq. Lt. Gov''
Mark Hunkino- ) „ E. Wibircl ? j.
Geo. Jaftrey I ^^^^- Jotlr. Odiorne J ^^^'
Tlis Hon'' laid before y'^ Board from his non"" Lt. Gov. Dumraer,
signifying that y"" Gov'^ of y*" Mass'^ had delivei-ed up the Ind"^
Captives w"'in that Province, to several Cheifs of y'' Ind"' late at
Boston, & then Bound to Piscat: to desire any Captives in this
Province, which Lt. Gov'' Dmniner in s^ letter earnestly i>ress'd to
have D'^ up to j^ s'^ Chiefs, &c. The said Chiefs being sent for to
y" board & attending, & Capt. Jos. Bane interpreter being present :
[p. 32.] Aryomuct: Lt. Gov"" Dunimcr told us there was an
Indian Captive here w"^*^ Gov'' "VVentworth would deliver to them,
& they desired y*^ s*^ Captive.
Lt. Govr: You told us at Casco, at y*^ ratification, tliat there
was 5 Ind" captives at St. Francis <fe promised they should be D*^
to y"^ English; 2 of the 5 were returu'd, & desire to know where
the otliers are & have y- D'' up.
Lidii: Tlie Ind"^ that had y^ Captives as soon as yy heard of y^
Peace sold them to y'' French, & then they were out of our reach.
There is not now one captive in y*^ hands of y** Indians, but all
y*-' Eiigiisli y' were ever taken are with j'*^ French.
Lt. Goer: We here there is an English captive or tvro now at
Amnskeag w"' y"^ Ind"^ or thereab'.
lad II. ' We know nothhig of it and have nothing to say to it;
but desire to know vrhether we shall have y'-' captive or not.
Lt. Govr: I have the same affection.
Anno Riii Wis Georgii, 2di 2d(l).
[p. 33.] Pro: X. Hamp^
At a Council held at Portsmouth on Saturday,
the second day of Xovemb'', 1728.
Present,
His lion'' John AVentworth, Esq., Lt. Gov''
?ri^f',7 h^ Joth. Odiorne ? Esqs.
1- Mi-w-l-"i' ( *^'- Hen. Sherburu Counci".
Kiclr Wibird ) -'
His Excellency William Burxet, Esq. Produced and laid be-
fore the Board his Majesties Royal Commission, constitu[ting]
and appointing him to be Gov'' and Command'' in Chief of this his
(1) In the secjn;! year of the reign of King George II.
2 V
18 PROVINCE OF NEW-HAMPSHIRE. [1728.
Majesties rroviiice of New Hampshire; wliich being opened and
Published in tlic i)i-esence of most of the Principal officers and
gentlemen of the Government [p. 34.] & many others, the same
was succeeded by a round of the Cannon at his Majesties Fort
"William & Mary, and on board several Merch' ships in the Har-
bour; and by three vollys of smal arms of a troop of Horse, and
five foot companys of Militia drawn up before the Council Cham-
ber on the occasion. Then his Excellency was pleased to com-
municate to the board the names and order of the Persons
ai)pointed to be his Majesties Council" of the s-^ Province of New
Hampshire, as they stand placed in his Instructions, viz:
John AV^entworth Arch'^ IVfacpheadris
Sliad'' Walton John Frost
Geo. Jaffrey Joth" Odiorne
Thos. Westbrook Hen: Sherburne
Richd Wibird Sam^ Penhallow(l) .
After which his Excellency proceeded to take the oaths re-
quired by his Commission, viz: the Oaths appointed to be taken
by an Act passed in the tirst year of his late ]Majesties reign, En-
tituled an Act for y'' farther security of his Maj"'^'^ Person and
Government, and y"^ succession of tlie Crown in the Heirs of the
late Princess Sophia, being Protestants, & for extinguishing y*^
hopes of y*^ pretended Prince of "Wales, and his open and secret
abettors. He also made & subscribed the Declaration, mentioned
in an Act of Parliament, made in y^ twenty-tifth year of the reign
of King Charles the second, Entituled an Act for prcA'enting
Dangers which may happen from Popish Eccusants ; and further
(1) Saml Peuhallow, Councilor, died December 2, 1726, aged sixty-one. He was born
atSt. Mabon, in tlie County of Cornwall, in England, July 2, 1065. Being bred a
Puritan, he came to this country with the Rev. Charles Morton, of Charlestown, Mass.,
in 1CS6. Mr. Penhallow's intention was to devote himself to the ministry; but finding
affairs in tliis country in a more unsettled state than he expected, he removed to
Portsmouth and engaged in trade. He married the daughter of the late President
•John Cutt, and in her right inherited a large estate. He held many imjiortant offices
in tlie Government ; was distinguished as a magistrate; was deacon in the Congrega-
tional Church. He was aitpoiuted Councilor in 1702 ; was Recorder of Deeds, Judge
of the Superior Court of Judicature, Chief Justice of the same, and Treasurer of the
Province. Possessed of a strong mind, cultivated by education, and influenced by
principles of religion, he discharged the duties of these several offices with integrity.
He was the author ot "The History of the Ware of Kew England with the Eastern
liKliaiis," from August 10, 1703, to July, 1713; & from the 25th of July, 1722, to De-
cember, 1725. He was e.\emplary, charitable to the poor and hospitable to strangers.
Katurally of a warm and sanguine disposition, his lirmness had the appearance of
obstinacy; rigid in his princii)Ies, he was unwilling to make due allowances for those
who dilfered from hiiu in sontimeut. [See Ad. Ann. I'or/smoutli, jp. U\), 150, and
'• Mimoir " preilced to the "X-irralice of Indian Wars," Cincinna/i. 1^.J'J.— Kd.]
1728. RECORDS OF COUNCIL. 19
took y^ usual oatli foi' y* due Execution of the office and Trust
[p. 35.] of Gov'^ & Commander-in-Chief, as well with regard to y^
due and impai'tial administration of Justice as otherwise; and
also another oath required to be taken by Governours of Planta-
tions, to do their utmost that y*' several laws relating to trade and
y'' Plantations be observed. Then those of the Council who were
I)resent, namely, the Hon^'^ John Wentworth, Esq., Shad. Walton,
Esq., George Jaffrey, Esq., Eich'^ Wibird, Esq., Jotham Odiorne,
Esq., and Henry Sherburne, Esq., took the oaths required by the
s*^ Commission, by them to be taken, viz: The oaths appointed by
tlie B'^ Act, Eutituled an Act for y" further security of his Majes-
ties Person and Goverm' and the succession of the Crown in the
Heirs of y"^ late Princess Sophia, being Protestants; and for Ex-
tinguishiug the hopes of the pretended Prince of Wales and his
open and seci'et abettors. They also made & subscribed the fore-
mentioned Declaration, and took y*^ oaths for y^ due Executions of
their place and trust. Then his Excellency proposed the Issuing
of a Proclamation for continuing all officers, &c., w*^^ y'^ Couu' ad-
vised to.
Ordered, That a Proclamation be prepared accordingly and
published on Monday next, by beat of Drum, wJiich is as follows
— vide on file.
His Excellency was pleased to communicate to y^ board an In-
struction ag-*' striking & Emitting Bills of Credit, &c., as follows:
Note. The Council Eecords here abnqjtly end, and there remains a
c?iasm till 1742.
The following is the form of Oaths taken by the Civil, Jlilitary
and JEcclesiastical offlcei's in JS'eiv Hampshire, on the accession
df George II., A. i>. 1727.
[Hist. Coll. N. H., Vol. IV, pp. 83-87.]
I, ■ , do sincerelv pronuse and swear that I will be
faithful and bear true allegiance to his Majesty King George the
Second. So helji me God.
I, ,<lo swear that I do from my heart ablior, de-
test, a1>jure as impious and heretical, that damnable doctrine and
position, that Princes excommunicated or deprived by the I'opeor
any authority of the See of Home, may be deposed or nuu-tliered
by their su])jects, or any other whatsoever* - • M do declare, that
no foreign Prince, Person or Prelate, State or Potentate, hath or
ought to have jurisdiction, power, superiority, pre-eminence or
20 PROVINCE OF NEW-HAMPSHIRE. [1728.
anthovity, ecclesiastical or spifitual, within the realm of Great
Britain. So help me God.
I , do truly and sincerely acknowledge, profess,
testify and declare in my conscience before God and the world,
that our Sovereion Lord, King George the Second, is lawful and
riglitful King of the realm of Great Britain, and nil other his
Majesty's Dominions and countries thereunto belonging; and I
do solemnly and sincerely declare, that I do believe in my con-
science, that the person pretended to be Prince of Wales during
the life of the late Jving James, and since his decease, pretending
to be, and taking upon himself the style and title of King of Eng-
land, b\' the name of James the Tliird, King of Great Britain,
hath not any right or title whatsoever to the Crown of the realm
of Great Bi'itain, or any other of the dominions thereto belong-
ing. And I do renounce, refuse and abjure any allegiance or obe-
dience to him. And I do swear that I Avill bear faitli and true
allegiance to his Majesty, King George the Second, and him will
defend to the utmost of my power, against all traitorous conspira-
cies and attempts whatsoever, which shall be made against his
person, crown and dignity. And I will do my utmost endeavor
to disclose and make known to his Ms.jesty and his successors, all
treasons and traitorous conspiracies which I shall know to be
against him, or any of them; and I do faithfully promise to
the utmost of my power, to support, maintain, and defend the
succession of the Crown against liim, tlie said James, and all other
persons whatsoever ; which succession by an Act entitled an Act
for the further limitation of the Crown, and better securing the
rights and liberties of the subject is, and stands limited to the
Princess Sophia, Electress and Dutchess Dowager of Hanover,
and the heirs of her body being Pj-otestants. And all these things
1 do plainly and sincerely acknowledge and swear, according to
their express words by me spoken, and according to the plain and
conimon sense and understanding of the same words, without any
equivocation, mental evasion or secret reservation whatsoever.
And I do make this recognition, acknowledgmeist, alijuration, re-
imnciation and promise" heartily, willinglv and truiy, upon the
true faith of a christian. So he/p me God.'
[The foregoing oaths were subscribed by the following persons.
Tlieir names are copied in the order in which they stand in the
original and are according to their autographs (1).— Sec J^. H.
Hist. Coll., IV., p. 85.]
(1) The " original " here referred to h.as not been four.d by the Editor.
1728.]
RECORDS OF COUNCIL.
21
Lieut. Governor
J. Wentworth
Cou7icU
M. Ilunking
Shad. Walton
Arch'd Macplieadris
Geo: Jaffrey
Jno. Frost
E. Wibird
Jotliam Odiorne
Eich'i Waldron
Cler. Con.
Bepresentatives
Peter Weare
James Davis
Andrew Wiggin
Panl Gerrish
Sam' Tebets
W. Fellows
John Downing
John Gilraau
Jos'a AYinget
John Sanbnrn
Ebenezer Stevens
Rich'd Jennes
Eph'ni Dennet
Theodore Atkinson
James Jeilry
Gler. Bepres.
Jflnisters of the Gospel.
Jabez Fitch
Hugh Adams
John Odlin
Nathaniel Gookin
William Shurtleff
Josei^h Adams
Ward Clark
Nath'l Morrill
Jon'a Ciishing
William Allen
Henry Eust
Civil Officers
Nathaniel Weare
Nicli'o Gilman
Nat'l Sargent
Geo. Walton
J. Wentworth
Theodore Atkinson
Devereanx Bacon
David Dunbar
Benj'a Gambling
Clement Hughes.
Assembly
Nath'l Weare
Andrew Wiggin
Theod. Atkinson
Sam'l Thing
Josh. Peirce
Sam' Tebets
Geo. Walker
Eph'm Dennet
James McKeeu
Paul Gerrish
Barthol. Thing
Joshua Winget.
unitary Officers
Richard Jennes
John Downing
John Sanbnrn
Ebenezer Stevens
Francis Mathes
Nath'l Fellows.
John Gofte.
22 PROVINCE OF NEW-HAMPSHIRE. [1728.
[Then follows a list of a New Assembly, containing, besides the
preceding Assembly, the following names:]
Benj'a Gambling Thomas Smith
John Saiibnrn Jaccob Sargent [?]
John Knight John Gofle.
Samuel In^alls
1722.] JOURNAL OF GENERAL ASSEMBLY. 23
Journal of the Oeneral Assemhly.
[The Journal which follows, from April 30, 1722, till April 22, 1729, is
found in a MS. volume in the Secretary's office, labelled " Jourxal of the
Council & Assembly, I7IG-1728." The pages in the margin correspond
with the paging of the MS. copy. IMany miscellaneous papers of much value
will also be found in the body of the work or in the foot notes, for which due
credit is given. — Ed.]
[p. 222.] Pro. N. Ham]/.
At a General Assembly held at Portsm"
by prorogation, April 30th, 1722.
Present In Council
His Excellency Sani^ Shiite Esq Gov'' ^
His Honor Jolin Wentworth Esq. L' Gov""
Sani^ Penhallow 1 Shad. Walton \
Mark Plunking \ Rich'^ Wibird \ Esqs.
Geo. Jatfry ) Tho* Packer )
Adjorned till tomorrow 10 o'clock a. m.
Pro. N. Hamp"".
At a Gen' Assem. held at portsmouth by
adjornm* May 1*' 1722.
Present In Coun,
His E.xcellency Samuel Shute Esq Gov'
His Honour John Wentworth Esq L' Gov"^
Sam' Penhallow ) ^ Mark Plunking ) -p,
Shad'^ Walton \ ^^^ Rich" Wibird i ^^^
Tho" Packer Esq
A message to the house by the Clerk to require Their
attend'"^ at the l)oard. The Speaker and house came ac-
cordingly and his Excellency was pleased to make the fol-
lowing Speech :
Gentlemen —
I have notliing at xjreseii!; to aeqiiahit you Mitli from Tlic Court
of Great Brittaiii, my packetts being- on board the ship that wa.s
uufortuuatly biu-iit at Sea, I understand that a bill was past at
24 PROVINCE OF NEW-HAMPSHIRE. [1722.
the last Sessions of tlie parliament, for the Encoiirag-emeiit of Na-
val Stores, as also that the Duty is taken of your lumber which I
hojie will prove very advantagious to this Province.
Gent— What I have to recommend to you, is the quick Dispatch
of Those matters that shall he judged necessary to he done at our
present Sessions.
Adjorned till 3 a clock p. m.
[p. 223.] Pro. N. Hamj/.
Mctt according to Adjornnicnt.
Present as Before,
also Geo. Jaffry Esq.
A Message to the board by Ca[/ Wiggln Cap* Greenongh
and Mr Dam with the following memorial :
Pro. N. Ham}/. To His Excellency Samuel Shute Esq.,
Cap' Gen' and Commander iji Chief in and over His Ma-
jesty's s^' province :
The Humble Memorial and Request of the House of Rep-
resentatives of the said province now sitting — Humbly
Sheweth —
That It is now more than five years since we The Memo-
rialists were formed and qualifyed a house of Representa-
tives for The Province aforesaid, and Tlie Towns whom we
represent Think it a greivance. That They may not have a
new choice once in Three years, according To Tlie English
constitution, and Ave having once and again })rayed for a
dissolution. It being a Greivance also to our selves by
being continued so long, Therefore w"' submission we
humbly pray Tluit We may lie now Dissolved, for That It
will be a great benefit To The province and also will create
and maintain great peace unity and Satisfaction To His
Majesty's good subjects of -Said Province and to our Selves.
So pray your humble memorialists.
May 1**' 1722. James Jaffry, Cler. Assem.
Jotham Odiorne Esq. Enters his Dissent ag"' This Me-
morial.
17-2'2.'] JOURNAL OF GENERAL ASSEMBLY. 25
A Message from His Excellency to The house hy the
Clerk w*^ the following answer to their Memorial :
[p. 22-1:.] Gentlemen —
I have considered your inemorial and sliull be alwayes ready to
Comi)ly w*^ the requests of a house of representatives when the
circumstances of aifairs will allow of it. Tlio' I must acquaint
you that I think this Memorial is without precedent, however
since I know your inclinations I shall take your memoi'ial into
consideration and Shall at a proi)er Time endeavour to make you
easy. In The meaii, Time I Think it necessary you sliould see all
the Debts that have been contracted, discharged and The Treas-
ury Supplyed.
A message to tlie House by Richard Wibird Esq w"' a
vote for a Committe to consider of kStriking more l)ills of
credit itc.
Ordered &c.
Adjorned till tomorrow 10 a clock a. m.
Pro. N. Hani}/.
At a General Assembly held at ports-
mouth by Adjornm' May 2'' 1722.
Present In Council
Sam' PenhalloAv ) Shad'' Walton )
Mark Hunking [ Esq Riclf' Wibird [ Esq
Geo. Jaffry ) Tho^ Packer )
A message to the board by Maj'' Gillman and Cap* Gill-
man with a vote for repealing the Impost and Excise Act,
and also for refunding to all persons the mony which hath
been Taken from them by the impost officer Since the mid-
dle of March last; Which vote was returned to the house
by Geo. Jaffry Esq who was directed to recommend to
them the suspending of said Act for Two months instead
of Repealing it and likewise to shew them the unreasona-
bleness of refunding the Dutys mentioned in said vote.
The petition of Eph^ Roberts and others representing
that they had been condemned in an action of Tresspass in
the County of Essex for a fact done in New Ilamp'' and
praying relief was read at the board as on fde.
26 PROVINCE OF NEW-HAMPSHIRE, [1722.
[p. 225.] A message to the House by the Clerk to In-
quire whether any thing was done upon the vote of Council
sent down yesterday, who replyed It was under considera-
tion.
Adjorned Till 8 a clock p. m.
Pro. N. Ilamp'.
Mett according to Adjornm*. Present as before.
A message to the board by Capt. Gillman w"' a vote for
repealing the impost and Excise Act.
A message to the board by Mr. Dennet w'^ y° following
vote :
In Council,
Voted, That a Committe of both houses be appointed to
consider of a proper fund & method for bringing into the
Treasury, all such monys as have hitherto been postponed
and also to make an Estimate of the charges of the Gover-
ment which have arisen since His Majesty's order to His
Excellency prohibiting the Striking bills of Credit, &c., &
further to consider what sum is necessary to be now struck
and Emitted to pay the present Debts and to lodge in the
Treasury for defraying the Contingent charges of the Gov-
erment, and that Mark Hunking, George Jaffrey and Rich*^
"Wibird, Esq''^ be of the Committe from this board for the
service above.
May 1^', 1722.
Rich'i Waldron, Cler. Con.
May 2'', 1722. Read in the house of representatives and
Concurred, and Voted tiiat CoP James Davis, Maj"^ Jn"
Gillman and Andrew Wiggin, Esq. be a Committe of this
house to joyn w'" the Gentlemen of the upper house for
the service Exprest in the above vote. '
James Jeffry, Cler. Assera.
Adjorned till to-morrow 10 a clock a. m.
1722.] JOURNAL OP GENERAL ASSEMBLY. 27
[p. 226.] Pro. N. Hamp'-.
At a General Assembly held at
Portsmouth by Adjornm* May
S^'S 1722.
Present Council
His Excellency Samuel Shute, Esq. Gov''
His Honour John Wentworth, Esq. Lt. Gov"^
Sam' Penhallow ) Shad^ Walton ^
Mark Hunking [ Esqs. Rich'' Wibird > Esqs.
George Jaffry ) Tliom'' Packer )
A Message to the board by Cap* Greenough and Cap*
Gillman praying to be informed whether any thing was
done upon the vote of the house for repealing the impost
and Excise act sent up yesterday ; They were answered It
was und'' Consideration.
A Message to the house by Geo. Jaffry and Rich'' Wibird,
Esq^ w"^ their vote for repealing the impost and Excise non-
concurred ; They likewise carryed down a vote of Council,
for Suspending The force of said act (in part) till tiie end
of The next Sessions of the Massachusetts Assembly.
The petition of the Inhabitants of Dover by Their Com-
mitte Col. Waldron, Cap* Jones and Cap' Paul Gerrish,
praying that Cochecho River and Lamprey River might be
bridged at the province charge, was read at the board.
The petition of sundry persons mostly of the Town of
Dover praying for a Tract of land above the said Town,
<fec., was Read at the board and ordered to be delivered to
Col. Waldron & Cap* Wentworth That They might Collect
out of the said petitioners such persons as They Thouglit
proper to be proprietors and present The same to The
board for approbation.
A message to the House Ijy Tlie Clerk, To Enquire
whether they had yet Acted upon The publick accounts,
who replyed They had not, That Tliey were very solicitous
for repealing The impost and Excise Act, and would if pos-
28 PROVIXCE OF NEW-HAMPSHIRE. [1722.
siblc accomplish That before They entered upon other busy-
ness.
A message to the board by Cap' Gillman w"' the vote of
The house for repealhig the Impost and Excise Act without
any alteration, and the [p. 227.] Council's vote for suspend-
ing The said w^'out any Thing done thereon, both which
were returned to The house by Sam' Fenhallow, Mark
Hunkitig and Geo. Jaffry, Esqs. To be further considered.
A message to the board by Mr. Dennet & Cap' Gillman
w"^ Tlie following vote :
In The House of Representatives
Voted, That The Act of This Province of the fifteenth
of July, 1721, so far as related to the Dutys of Export
and impost be suspended until The province of the Mass*
})ut Their Act of Export and Impost In force relating to
this province.
May 3'-^, 1722. James Jeffry, Cler. Assem.
In Council Eod'" Die.
Read and Concurred.
Rich'' Waldron, Cler. Con.
A Message to the house by the Clerk To Recommend To
them the dispatch of The publick accounts.
Adjorned Till 3 a clock p. m.
Pro. N. Ilamp"-.
Mett according To Adjornment.
Present as Before.
The petition of George Walton for himself and The
other Children of Sam' Allen, Esq. Dec'', praying for a
Tract of land four miles Square, &c., read at The board as
on file.
His Excellency laid before the board a letter from M"^
"W'" Popple, w'^" was read and ordered to bo Entered in y"
Council Book, and is as follows ;
1722.] JOURNAL OF GENERAL ASSEMBLY. 29
Sir—
The Lords Commissioners for Trade and plautatioiis liave read
a letter from ISP Newman To me w* The Extract of one from yon
to him in relation to the Act for powder mony to be Collected
in New [p. 228.] Hampsliire and The additional Instrnction
therein mentioned, Whereupon I am Commanded to Acquaint
you, That Their Lordships Thought That The letter I wrote you
by their order tl:e 10"^ Aug''' last, might have been Sufficient to
have Explained the difficultys M"" Newman mentioned in his me-
morial in relation To The powder mony, but since you have
thought That The additional Instruction above mentioned was a
Sufficient Authority To you, To Suspend the Execution of The
aforementioned act, I am further Commanded To Inform you,
That The said Act having been passed in 1702 and Confirmed in
1706 the additional Instruction of 1717 could have no retrospect
to The foresaid act, besides Tis plain from The words of The In-
structions that the restriction Therein mentioned onoly relates to
such Acts as Should be passed for the future, and Therefore their
Lordships are of opinion that you ought To Take care that the
said act be punctually putt in Execution according to the true in-
tent and meaning Thereof.
I am.
Your most humble Servant,
AVm Popple.
Whitehall, fcV^ 13*"', 172^^.
Adjonied till To-morrow 10 a clock a. m.
Pro. N. Ham]/.
At a Gen^ Asscm. held at portsmoulh
by Adjornmcnt May 4"' 17:22.
Present in Council
His Excellency Samuel Sliute, Esq. Gov'"
His Honour Jn" Wentworth Esq. Lt. Gov""
Pam^ Penliallow ) -p Sliad=^ Walton )
Mark Hunking ] ^^'''^^- Rich'' Wil)ird \ Esqs.
Tho^ Packer )
The petition of the Select men of portsmonth ])raying
for a Township of six miles broad & Eleven Long- l\ead at
the board as on file.
Adjorncd till 3 o'clock p. m.
30 PROVINCE OF NEW-HAMPSHIRE. [1722.
[p. 229.] Pro. N. Harap^
Mett according to adjornmeut.
Present as Before.
Ordered That the Clerk write to M^' Agent Newman and
acquaint him w"' the opinion of His Excellency and the
Honourable board in relation to the divisional line between
This province and the Mass'"" w''' was immediately done and
delivered to His Excellency To be Sent him, a copy where-
of is on file.
[From MS. Correspondence in Secretary's Office p. 43.]
Letter to Mr. Newman, May Wi, 1722.
Mr. Newma]i —
Sir — I am commanded by his Excellency the Gov"" and the
Hon''''^ the Council [of New Hampshire] to represent to yon their
sense of that paragraph in the Mass* Charter on wliicli the deter-
mination of the Divisional line between this and the ^Nlass*^ Gov-
erm' depends: The words are as follows. " all that part of IS'ew
"Enji'land in America lying- and extending from the great river
''commonly called Merrimack on the north part, and Irom three
''miles nor-ward of the said river, &c."
It is the last words of the paragraph which want explanation,
viz — and from three miles nor-ward of the said river — w'^'' his
Excellency and board understand to intend, That from tlie moutli
of said Merrimack three miles directly north, and from the end of
the s'^ three miles, to run a west line to the western Ocean, and
that to be the dividing line between y" two Provinces ; and that
if it be otherwise as the Mass'^ would have it, that the said line
shall run i)arallel to the river. This the King's Prov: of N. Hamp"^
nuist necessarily be contracted within exceedingly narrow limits;
the s'^ River a little above towns running a great length on a north
course, and to eastward of north, and for the most part northerlv;
Avhich they desire you to lay l)efore the Right Honourable, the
Lords of Trade and'Plantations, which they tliink sufficient vv'^out
any papers to he sent from hence.
[No signature.]
A Message to the hoard by Mr. Dennett and Cap' Gill-
man w"' an allowance To The Souldiers sent To The East-
ward w'^^' was sent down for amendment by George Jaffry
and Shad"" Walton Esq.
Adjorned till Tomorrow
10 a Clock A. M.
1722.] JOURNAL OF GENERAL ASSEMBLY. 31
Pro. X. IIamp^
At a Geii^ Assem. held at portsm"
by Adjornin* May 5"^ 1722.
Present In Conn.
His Excellency Sam' Sluite Esq Gov""
His Hononr Jn" Wentworth Esq. L* Gov""
Sam' Penhallow ) Shad^ Walton \
Mark Hunking [ Esqs. Rich'' Wibird [ Esqs.
Geo. Jat'fry ) Tho^ Packer )
A i\[essage to the board l)y ^Ir. Dennett and Cap' Green-
oug'h w"' the Committee of Auditts report as follows and
the following votes.
We The Subscribers being- a Committee appointed by the Gen-
eral Assembly, for Audittin": The publiclc Accounts of the prov-
ince, have pursuant To such appoiutui' Examined The several
claims and Demands laid before us and do hereby report That we
find justly due to the several persons hereafter mentioned The
respective Sums Sett against their names viz'
[p. 230.]
No. 1, ^Ir. Treasu''^ Acct. of sundry Disbursm''
" 2, Capt Moody's Muster Rol
" 3, Ace' of Victualling Ditto
" 4, liob' Coates for a tlag Stafl' &c
" 5, Cap' Penliallow's Muster Kol
" 6, Ace' of Victualling «fcc
" 7, MM nerk Waldrou
'' 8, D'Peirce
" 9, M'- Sherritr Gambling for y« year 1721
*' 10, M' Eph'' Dennet Coroner
May 21 1722.
In the House of representatives May 4, 1722,
Voted, That the above Accounts be accepted (Except
Cap' Penhallow's Muster Roll rcdnccd" To X193 : 16 : 8
and Cap' Moodys Muster Roll reduced to 64 : 17 : 7)
James Jcffry Cler. Assem.
LU"sm''
£213. 3.
£ 87. 11.
29. 7.
5. 17.
351. 15.
298.—
70. —
5
4
4
4
721
35. 1.
12.—
4. 9.
4
£1107. 2.
9.
Blark
ITunking
Geo.
Jatfry
Eichd Wibird
Peter Wear
Jotham Odiorne.
32 PROVIN-CE OF NKW-HAXPSHIRE. [1722.
In Couu. May 5'" 1722.
Read and ConcuiTed. Ricli^' Waldron, Clcr. Con.
Sundiy Accounts brought in Since The Sitting of y'^ Au-
ditors, viz'
Col" Thomas Packer's account £19. 10. — .
L' Gov-^ Wentworths acct 12. 12. 7.
Benj=' Akermans Ace', lieing p'^ 4s 1. — . — .
M'" Sherriff Gambling for his Service for
y'' years 1720 & 1719 not being acc'^^'^ for 30. 00. 7.
.£63 2. 7.
[p. 231.] In the House of Represen.
Voted The above acc'^ be allowed.
May 5^^ 1722. James Jeffry Cler. Assem.
Eod'° die. In Council.
Read and Concurred. Rich'^ Waldron, Cler. Con.
In The House of Represen.
May 4"^ 1722.
Resolved that Tlie. Souldiers named in Cap' Moodys Mus-
ter Roll be paid for Their Service at The Eastw*^ Tlie sev-
eral Sums as entered ag^' Their names as in s*^ Muster Roll
on file, in full discharge Thereof.
James Jeffry Cler. Assem.
In Council May 5«^ 1722.
Read and concurred, (except the words in full discliarge
thereof). Rich" Waldron Cler. Con.
In the House of represen May 4"' 1722.
Resolved That Cap' Penhallow and The Souldiers named
in his Muster Roll be paid for Their Service the Several
Sums Sett ag""' Their names as entered in the Said Muster
Roll on file. In full discharge thereof.
James Jeffry Cler. Assem.
In Council May 5"^ 1722.
Read and Concurred (except the words, in full discharge
thereof.) Rich'^ Waldron, Cler. Con.
1722.] JOURNAL OF GENERAL ASSEMBLY. 33
111 the House of Bepresen. May 4"' 1722.
Voted, That from henceforth all Expresses that Shall be
Impressed To any where w*'Hn This province, Shall be al-
lowed, and paid by the Treasurer on Certificate of His per-
formance thereof six pence P. mile and eight pence P.
mile To any place out of Tlie Province For himself and
horse for going out and That ferrys [p. 232.] within this
province carry them ferry free.
James Jeffry Cler. Assem.
In Coun. May 5'^ 1722.
Read and Concurred. Rich'^ Waldron, Cler. Con.
A bill entituled an Act for altering the time for holding
The Superiour Court &c. read at the board.
Adjorned till monday next, 3 a clock p. m.
Pro. N. Hamp^ At a General Assembly held at portsm"
by Adjornm* May 7*^ 1722.
Present In Coun.
His Excellency Samuel Shute Esq"" Gov'
His Hon'^ John Wentworth Esq Lt Gov^
Sam^ Penhallow ] Shad'"" Walton \
Mark Hunking \ Esq. Rich*^ Wibird > Esq
Geo. Jaffry ) Thom^ Packer )
A Bill entituled an Act for altering The Time for hol'l-
ing The Superiour Court of Judicature &c. Read at The
board a Second and Third Time and past to be Enacted
and sent down by The Clerk for Concurrenee.
The petition of Sam' Penhallow Esq, as Adnr on y"^ Es-
tate of John Cutt Deceased praying for a Special Act To
Enable him To Sell part of the Intestates Estate &c, read
at The board.
Adjorned Till Tomorrow 10 a clock a. m.
3
34 PROVINCE OF NEW-HAMPSHIRE. [1722,
Pro. X. Ilanii/.
At a Gen' Asscm. held at portsm" by
Adjornmt May 8"> 1722.
Present In Council
His Excellency Sam' Shute Esq Govern''
His Hon'' John Wentworth Esq L* Gov''
Sam' penhallow ) Sliad'-^ Walton )
Mark Hanking > Esqs Rich" Wibird S Esqs
Geo. JatTry ) Thomas Packer )
Adjorned Till tomorrow A. m.
[p. 233.] Pro. N. namp''.
At a Gen' Assem. hy Adjornm* May
9'" 1722, at portsni^
Present In Council
Sam' Penhallow ) ^ Shad^ Walton ) -^
George Jaffry \ ^^"^ Rich" Wibird J ^'''^
Adjorned Till 3 a clock p. m.
Pro. N. Hamp^
Mett according to adjornnient.
Present as Before, also
Mark Hunking, Tho* Packer, Esq.
A message to the Ijoard by Cap* Odiorne and M'' Dennet
with the following report and votes :
Pursuant to a vote of the General Assembly of the 2d
Instant, we have examined The State of the province Debts
&c, and find There has been post|)oned and drawn out of
The Treasury That is now To be provided for (the Sum of
5284'") by Repetition to be paid from the year 1724 To
1728.
We find tlie Debts contracted since the Kings order To
))rohil)it the striking bills to amount to £2256-16-4 of
M-liieh is ]>'' pr Impost 222 To be now Impressed
for paym' of s" Debts 2001-16-4.
1722.] JOURNAL OF GENERAL ASSEMBLY. 35
And for payment of the accruing charges, there will be
due, (viz*)
To His Excellency the Gov"^ 200
Repairs of the Fort 50
Incidents 550
800
Total X2801
To be repaid into The Treasury one half in the year
1729, The other half 1730 in like bills of Creditt or such
Naval Stores and Species as shall be agreed on by [p. 234]
The General Assembly To whom This is sul)mitted By
Mark Hunking
Geo. JatTry
Rich^' Wibird
James Davis
John Gillman
Andrew Wiggin
In the House of Represen. May S"' 1722.
Having considered The report of the above Committee
we accept and concur in the same.
James Jeffry, Cler. Assem.
In Council, May 9"' 1722.
Read and Concurred. Rich'^ Waldron, Cler. Con.
In The House of Represen.
Whereas The Emergencys of this Province have at Sev-
eral Times occasioned The striking bills of Credit To an-
swer the present demand thereof and there is yet out
Standing of the same Impression by repetition five Thous-
and Three hundred and Eighty four pounds, which liills of
Creditt are Through much handling, and constant usage
very much broken and many of them in danger of ])cing
wholly lost w'^^' may prove prejudicial especially to the poor
in whose hands they may Rest and Ije lost.
Voted That The aforesaid Sum of five Thousand three
36 PROVINCE OF NEW-HAMPSHIRE. [1722.
hundred and cig'lity four pounds be forthwith Impressed in
ord'' to Exchange all the former Impressions of This prov-
ince Bills before the year 171G, and that The Committe To
be appointed for Signing what may be now Struck for the
claims on the province as allowed by the Committe may
Sign the same, and that the aboves'' sum be deposited in
The hands of Trustees, for the ends abovcs'^ and no other,
w^'' shall now be provided for by a fund on the several
Towns of this Province proportionably to be paid in To the
[p. 235] said Trustees at five equal payments That is to begin
at 1724, and so every year to 1728, and to be burnt To Ashes
by the General Assembly annually, and That a Committe
be appointed to form a bill accordingly.
May 9"> 1722. James Jaffry, Cler. Assem.
Eod™ die. In Council.
Read and Concurred- Rich*^ Waldron, Cler. Con.
The House of Represen. having considered the Report
of The Committee Relating to what is necessary in ord' to
furnish y*^ Treasury <fec.
In The House of Represen.
Voted — That Two Thousand eight hundred pounds bills
of Credit on This province be forthw*'^ Impressed and that
a Committe be appointed to sign the same which said com-
mitte shall furnish The Treasury from Time to Time as
shall be allowed and ordered by the Gen' Assembly, and
the same committe to form a bill accordingly To bring in
the same sum of Two Thousand eight hundred pounds.
To them one half in the year 1729 the other half in the
year 1730 in like bills of Credit or naval Stores or such
Species as Shall be agreed on by The General Assembly.
May 9"> 1722. Dan' Greenough, Cler. pro Temp.
Eod'^ Die. In Council.
Read and Concurred.
Rich^' Waldron, Cler. Con.
1722.] JOURNAL OF GENERAL ASSEMBLY. 37
A message to The Board by Cap' Samuel Tibbitts w"'
the following votes :
Constable Longfellow of Hampton being obstructed in
The collecting of his rates near the line in Controversy?
There being Twenty eight pounds twelve shillings behind,
[p. 236.] In the House of Representatives
Toted That The said Constal)le Longfellow be allowed
the abovesaid twenty eight pounds Twelve shillings out of
the Treasury, and that the said Sum be levyed on the Town
of Hampton in Their next Province Tax.
May 9* 1722. James Jeffry, Cler. Assem.
Read and Concurred.
Rich^i Waldron, Cicr. Con.
In The House of Representatives
Voted That M' Agent Newman be presented w"" one
hundred pounds out of the Two Thousand eight hundred
pounds voted to be impressed.
May Q^i^ 1722.
Dan' Greenough, Cler. pro Temp.
Bod"" die. In Council.
Read and Concurred
Rich^ Waldron Cler. Con.
A Message to the board by Cap* Tibljitts w"' the bill sent
down the 7*'' Instant Entitled an Act for altering The time
for holding The Superiour Court of Judicature &c. Read
in the House and non-concurred.
A Bill Entituled An Act To prevent Swines going at
large was laid before The board, and past To be Enacted
and Sent down by Shad"'^ Walton Esq. for Concurrence.
A Message to the board by M'' Eph^" Dennet w"' a Memo-
rial & request of CoP Walton praying to be reimburst five
pounds out of the Treasury as on file, and the vote Thereon
as follows :
38 PROVINCE OF NEW-HAMPSHIRE. [1722.
In the House of Represen.
May 9'^ 1722.
Allowed Col° Walton five ponnds to be paid liim out of
the publick Treasury.
Dan' Grecnough Cler. pro Temp.
[p. 237.] Eod™ die. In Council
Read and Concurred.
Rich^i Waldron Clcr. Con.
A Message To the board by M>" Dcnnet w"' The Ijill Enti-
tled an Act To prevent S wines going at Large. Read in
the house and non-concurred.
Adjorned till tomorrow, 10 a clock a. m.
Pro. N. Hamp"^
At a Gen' Assem held at portsm**
by Adjornm^ May lO*'^ 1822.
Present In Conn.
His Excellency Sam' Sliute Esq Gov"^
His Hon'' John "Wentworth Esq Lt Gov''
Sam' Penhallow ) Shad-'' Walton )
Mark Hunking V Esqs Rich'' Wibird [ Esqs
Geo. Jaffry ) Tho" Packer )
Ordered tliat the Clerk Issue out proclamations for a
General Fast To be observed and kept Throughout This
province upon Thursday the 24"' Instant.
Rich" Waldron Clcr Con.
A Bill Entitled an Act for striking and emitting a further
Sum of Bills of Credit. Read three times at The board
& past To be Enacted and Sent down To the house for con-
currence l)y Sam' Penhallow <fe Geo Jaffry Esq"".
A Message To the board l)y Mi\ Dennet and Cap' Tib-
bits w"' the following vote.
In the House of Represen.
Voted, That ]\[r. Speak'' Peirce, Col° Davis and Col°
Wear be a Committe To joyn w"' such as may be chosen
1722.] JOURNAL OP GENERAL ASSEMBLY. o9
in the upper house for preparing a bill relating to the strik-
ing bills of Credit and signing the same.
May 9^^ 1722. Dan' Greenough, Cler. pro. Temp.
In Coun. May 10"^ 1722.
Read and Concurred and Mark Ilunking, Geo. Jaffryand
Rich'' Wibird Escf appointed for y*^ Service above.
Rich" Waldron Cler. Con.
[p. 238.] A Message To The board by Mr. Dennet and
Capt Tibbitts w"^ a vote of the House for addressing His
Majesty, for liberty to Strike and Emitt more bills of Credit
w'='' was returned To The House by Sam' Penhallow and
Geo Jaffry Esq** for farther consideration, by the same
Message The bill Entitled an Act to prevent Swines going
at large was Sent down To be reconsidered.
A Message to The House by The clerk w"' The Petition
of the Town of Dover as Minuted the 3"' Instant and a
vote of Council Thereon (namely) for allowing the peti-
tioners Sixty pounds out of The Treasury Towards bridging
Cochecho & Lampry rivers.
Adjorned Till 3 a clock p. m.
Pro. N. Hamp'.
Mett according to adjornment.
Present as Before
A Message to The board by Cap' Tibbitts and M'^ Dennet
w'" The Bill Entitled an Act for Striking and Emitting a
further sum of Bills of Credit concurred & past To be
Enacted w'^'' being Immediately Engrost was signed and
sealed accordingly.
A ^Message To The board by M'' Dennet w"Uhe following
vote.
In the House of Represen.
May 10^" 1722.
Voted That a Committee of both houses be chosen to
Desire our agent M' Newman To give us advice what proper
40 PROVINCE OF NEW-HAMPSHIRE. [1722.
Steps may be used in ord'" to obtain The Royal assent for
Striking bills of Credit in this province for the encouragem*
of raising naval Stores, Cap* Odiorne Maj'^ Gillman and
Cap' Wiggin Esq^ are of the Committee from This house
for the ends afores"^.
Dan^ Greenough Clcr. pro Temp.
Eod™ die. In Council.
Read and Concurred and Mark Hunking Geo Jaffry &
Rich'^ Wibird Esq appointed for j" service above.
Rich. Waldron Cler. Con.
[p. 239.] A Message To the board by M'" Dennet w"' The
vote of Council for granting sixty pounds towards The
bridging Cocheclio & Lampry River non-concurred.
A Message to the ]joard by Mess''® Odiorne Dennet and
Greenough w"^ the following vote.
In the House of Represen. May 10"^ 1722
Voted. That His Excellency be presented w*^ one hun-
dred pounds to be paid him out of the publick Treasury.
Dan^ Greenough Cler. pro. Temp''.
Eod" die. In Council.
Read and Concurred.
Rich. Waldron, Cler. Con.
Several Charters being prepared by order of His Excel-
lency The Gov"^ and Council for granting sundry tracts of
land in this province and incorporating The Grantees were
tliis day laid before the board, and being Read were signed
and sealed, (namely)
1'' Chester Charter dated y-^ 8"' Instant
2. Nottingham ^
3. Harrington > dated this day.
4. Rocliester )
Coj)ys of which Charters are on file.
The petition of Samuel Weeks and otliers in behalf of
the parish of Greenland, praying To be proprietors in Bar-
1722.] JOURNAL OF GENERAL ASSEMBLY. * 41
rington, or that another Tract of land be granted them as
an Equivalent for it, Read at the board as on file.
Adjorned Till Tomorrow 10 a clock a. m.
[p. 240.] Pro. N. Hami/.
At a Gen^ Assem. held at portsm*^
May 11"' 1722 by Adjornment.
Present In Council.
His Excellency Sam' Shute Esq Gov''
His Hon"' John Wentworth Esq. L' Gov"^
Sam' Penhallow ) Sliad^' Walton J
]\[ark Hunking > Esqs Rich^' Wibird > Esqs
George Jaffry ) Tho* Packer )
A message to the House by Cap* Wibird w'^'' a vote of
Council for a Committee To survey The land between Co-
checho and AVinnipishoky pond which was returned by
Cap* Tibbitts concurred and is as follows.
In Council May IP'' 1722.
Voted That Lieu* CoP James Davis, Maj'' Jno. Gillman
and Cap* Timothy Gerrish be a Committee To Survey &
find out The most Commodious way to Winnipishoky pond
and Report the same w*" an Estimate of the Charge That
will attend the opening or clearing Thereof to the Gov"" &
Council within six weeks and that They be paid for the
same out of The Treasury.
RiclV^ Waldron Cler. Con.
In the House of Represen. May 11*" 1722.
Read and Concurred.
Dan' Greenough Cler. pro. Temp.
A Message to The House by Sam' Penhallow and Rich'^
Wibird Esq"^ w*" a vote of Council ab* Swine, w"^'^ was re-
turned by a member of The Plouse Concurred, and is as
follows.
In Council May 11*" 1722.
Voted. That from and after the first day of June 1722
42 PROVINCE OF NEW-HAMPSHIRE. [1722.
for and during The Term of three years next ensuing The
said day no Swine Shall go at large in that part of The
Town of Portsmouth which lyes to the northeastw*^ of a
straight line [p. 241 .] which shall run from Edward Gates
house To the head of the Creek at Islington, under the
penalty of ten shillings fine to be paid by the owner of Such
Swine so offending, one half To The Informer The other
half To Tlie poor in s'^ Town, and so toties Quoties any laws
uscage or Custom To the contrary notwithstanding.
Rich'' Waldron, Clcr. Con.
In, the House of Represcn. May ll*"^ 1722.
Read and Concurred.
Dan' Greenough Cler. pro. Temp''®
Cap* Archibald Macpheadris being sent for by His Excel-
lency appeared at the board who took the oathes Insteed of
the oathes of Allegiance and Supremacy, and The oath of
a Councillor and Then being directed by His Excellency
took his place at The board.
In Council.
Granted To The Children of Samuel Alien Esq. Deceased
and to Their heirs a Tract of land of four miles square ad-
joyning to Chester side line, and Notingham head line
upon Condition They Settle fifteen familys on the same
within five years, but in case of an Indian Warr within that
limitation Then to have so many years after the end of the
s'' Warr To perform the aforesaid Condition.
Rich^' Waldron Cler. Con.
Reserved for The Inhabitants of N. Castle & Greenland
a Tract of land of four miles broad bounded by the land
granted to M'' Allen's Children, and six miles long bounded
on Nottingham head lilie, To be hereafter Granted upon
such Conditions as The board shall Think meet.
Rich-^ Waldron, Cler. Con.
The Children of Mrs Ann Clark, who formerly petitioned
for a Special Act to enable her to Sell a Tract of Entailed
1722.] JOURNAL OF GENERAL ASSEMBLY. 43
land appeared at The board a id volnntaryly declared ,
(namely) Margaret Swain, [p. 242.^ Bridget Miller & Sarah
Clark, That They were freely willing and did Consent to
the Cntting of the s'^ Intail.
Rich'^ Waldron, Cler. Con.
In Coun.
Ordered, That the Acts and laws of This province w*^^
are yet onely in Manuscript be forthw*'^ putt in print and
that Sam^ Penhallow Esq Take the care Thereof.
Eich'^ Waldron, Cler. Con.
A Message to The house by The Clerk, to Require Their
attend-'' at the board, The Speaker and house came accord-
ingly and Then His Excellency was pleased to prorogue
Them and accordingly They were Prorogued Till the
first Tuesday In Aug^' next.
Pro. N. Ilanq/.
At a Session of The Gen' Assem. Mett being
Especially Summoned and held at Portsmouth
the 28"» day of June 1722.
Present In Coun.
His Hon'' John Wentworth Esq L* Gov''
Sam' Penhallow ) Shad^ Walton J
Mark Hunking [ Esqs Tho' Packer > Esqs
Geo. Jaffry ) Arch'' Mxpheadris )
A Message to the house by the Clerk requiring Their
attend'' at the board, The Sj)eaker and house came accord-
ingly, and his Hon'' The L' Gov'" Informed them. His Excel-
lency Gov"" Shute had directed the Impressing Thirty men
To joyn The Eastern recruits as the Quota of This Prov-
ince and That They were accordingly Impressed and that
he expected provision for their [p. 243.] subsistance. Then
The house prayed leave to withdraw to consider The prem-
ises and afterward sent up a vote that no Souldier be paid
or subsisted for service at The Eastward &c. as in s*^ vote
on file, under consideration.
44 PROVINCE OF NEW-HAMPSHIRE. [1722.
In Council
Ordered That M' Treasurer Penhallow forthwith provide
twelve barrels pork & twenty five hundred weight of bread
To be ready for His Majesty's Service, in case of Emer-
gency.
Rich-^ Waldron Cler. Con.
A message To The board by M"" Dennet w^^ y® following
vote.
In The House of Represen.
June 28"^ 1722.
Voted, That His Excellency be desired that the men
now Impressed may be imployed in scouting within this
province and in cutting the Road from Winnipishoky pond
to Dover as lately surveyed and that The Treasurer supply
Them w"^ provision and ammunition, and that no Sons un-
der age or servants be admitted to Take up any of Their
Wages, without Their parents or Masters consent.
James Jeffry Cler. Assem.
Eod™ die. In Council.
Read and Concurred.
Rich^ Waldron Cler Con.
His Hon"^ The Lieu* Gov'' acquainted The board That he
was impowered by His Excellency Gov'' Shute to Dissolve
The Assembly (if he saw meet) and Therefore moved the
Council for Their advice Thereupon who unanimously ad-
vised in the affirmative. Then His Hon'" Sent for the
House by Tlie Clerk. The Speak'' & house came accord-
ingly and His Hon'' was pleased to pronounce tlie present
Gen Assembly
Dissolved.
1722.] JOURNAL OF GENERAL ASSEMBLY. 45
[p. 214.] Pro. X. Hamp.
At a General Assembly begun and
held at portsmoutli July 2*^ 1722.
Being the first Session.
Present In Council.
His Honour Jn" Wentworth Esq L' Gov^'
Sam' Penhallow ]
Mark Hunking \ Esqs Shad'^ Walton ) -p
George Jaffry ) Thom® Packer ) ^ '
M'' Sherriff Gambling made return of His precept (Issued
out the twenty eighth of July last for calling a new Assem-
bly To meet and Sett this day) w'" the names of the several
persons Elected and Deputed to represent the several Towns
as follows.
John Plaisted Esq ]
M-^ Eph=^ Dennet } for Portsm"'
Mr W^ Fellows )
James Davis ]
Cap* Tim" Gerrish > for Dover
Cap* Sam' Tiljbitts )
John Redman / tt ,
M^- John Sanl3urn j Hampton
Peter Wear Esq, Hamp" falls
John Gillman Esq ) tti -r
Cap* Jn° Gillman \ ^^^^
Jotham Odiorne Esq ) -^j rx li
M' Theo Atkinson j ^- ^^^^^^^
Sam' Easman, Kingston
Cap* Jn° Downing, Newington
And'^ Wiggin Esq, Streatham
A Message from the board by Sam' Penhallow Geo Jaffry
Esq and The Clerk to administer The oathes appointed by
law To The several Deputys above named, To qualify
Them for busyness w°'^ was done accordingly.
A Message to the house by The Clerk To require their
attend^ at the board. They came accordingly and His Hon-
our directed them (as they were the persons returned to
46 PROVINCE OP NEW-HAMPSHIRE. [1722.
Serve in the Oen' Assem. and now qualified) To proceed
To cliuse A Speaker and Settle The house &c. Then they
withdrew to their own Chamber.
A Message to the board by Jotham Odiorne and Andrew
Wiggin Esq. to acquaint Ilis Hon'' That tlu House had
Chosen Peter Wear Esq Their Speaker.
[p. 245.] ±\. Message to the house by the Clerk to require
Tlieir attend"^ at the board. They came accordingly To
whom His Honour The Lieu' Governour declared his ac-
ceptance of Their choice of a Speaker, and then prorogued
The Gen^ Assembly and accordingly they were Prorogued,
Till The first Tuesday in Aug*' next.
Prorogued Till y« 15 Aug*' 1722.
Pro. N. Hamp"".
At a General Assembly held at portsraouth
by prorogation Aug*"' 15"' 1722.
Present In Council
His Honor John Wentworth Esq Lt. GoV
Sam' Penh allow ) -p Geo Jaffry )
■ Mark Hunking j ^^^^ Rich'^ Wil) d } Esq
Tho^Pack 1- )
A Message to the house by the Clerk to require their
attend'' at tlie board, Tlie Speak'' and house came accord-
ingly and his Hon'" was pleased to make the following
Speech.
Gentlemen —
I had no thoughts of Seeing you until Ilis Excellency our Gov-
ernour came into this province which will be the hitter end of
September, but a warr being declared ag«' the Indian llebels of
the East and also receiving a letter from his Excellency That he
intended to see The Gen' Assembly of the Mass'' o i t e 8"^ Instant
Aug^' in ord' to push on a vigorous Warr ag'' our Eastern Enemy s
which letter I shall lay before you.
^ I hope it will be for H IM , esty's Service and the ■ ood of This
Govcrment That we [i>. 24C.] are iiowmett to consult of and soon
1722.] JOURNAL OP GENERAL ASSEMBLY. 47
make sucli resolves as may pusli ou This warr (that we arc so
forced into) with a heart}- willing mind.
Judge there is none among us that scruples the Justice of Tills
warr on our part since tlie dians have so often violated Their
most Solemn Treatys and Ingagements to us.
I suppose It's generally Thouglit That The Scout now on the
frontiers of this province under y*^ Command of Maj"" John Gill-
man is and has been of service, but in case our neighbours of
the Mass* make an offensive wa r and keep out a sufficient num-
ber of men to march to the Enemys head Quart rs and also to
scour the Sea-Coast at The same time, Then and in sucli case 1
hope we shall cheerfully come in to send our Quota of men and
joyn w* them to putt a Speedy end to this warr.
If such an army be kept moving in the Eastern parts, Then our
Scout which I think it absolutely necessary there should be one
may be reduced to a Much Small'^ number, Than wliat we now
have and as we shall not at present enter upon any other busy-
ness but that of The warr, I hope you will Take it under your
serious consideration and grant sucli Supplys as may carry on the
warr chearfully, and also that the Honour of the Government may
be supported, for the accomplishing of which you are always sure
of my best Endeavours.
Jn° Wentwoiitii.
The Speak'' prayed a Copy of the foregoing Speech who
was answered by His Hon^ that the Clerk should Serve him
w"' a Copy Thereof, Then the House w'^ drew to Their own
Clianiber.
A ^lessage to The house by The Clerk, w"' a Copy of
His Hon'' The L* Gov''^ Speech, and a letter from His Ex-
cellency to The L' Gov'' referred to in s*^ Speech.
Acljorned Ti.l 3 a clock p. m.
[p. 247.] Pro. X. Hamp'-.
Mett according to Adjournment.
Present In Council, As Before.
• Adjorned Till Tomorrow 10 a clock a. m.
48 PROVINCE OF NEW-HAMPSHIRE. [1722,
Pro. N. Ilami/.
At a General Assem. held at portsra"
by adjornm' Aug*' 16 1722.
Present In Conn.
His Honour Jn° Wentwortli Esq L* Gov^
Sam' Penliallow ( p Geo. Jaffry )
Mark Hanking j ^^^ Rich'^ Wibird \ Esq
Tho' Packer )
Adjoriied Till 4 a clock p. m.
Pro. N. Hamp''.
Mett according to adjornm*.
Present In Coun. As Before.
Adjorned Till Tomorrow 10 a clock a. m.
Pro. N. Hamp^
At a General Assembly held at portsm"
by adjornm* Ang^* 17, 1722.
Present In Coun.
His Hon'^ Jn" Wentworth Esq L' Gov"^
Samuel Penhallow ) ^ Geo. Jaffry )
Mark Hunking \ ^^^ Kich" Wibird [ Esq
Tho^ Packer )
A Message to the ]joard by Cap* Gerrish and M'' Dennet
w"' The House of Represent answers to His Hon"^* Speech,
and w"' The following account and vote.
Pro. N. Hamp^ Dr.
For service done in Surveying The road [p. 248] to Win-
nipishoky, May 21^' 1722.
To CoP James Davis 5 days £2. 10.
Cap* Tim« Gerrish 6 ditto 30.
M-- Rich'^ Waldron 5 ditto 2. 10
Jn° Wingate 5 ditto 1. 5
17-22.] JOURNAL OF GENERAL ASSEMBLY. 49
1. 5
1. 5
1. 5
W" inn
5 days
Echv'' Evans
5 ditto
Dan' Davis
5 ditto
£U.
In The House of Rcprescn.
Aug^' 17, 1722
Voted, That the above account be allowed.
James Jaffry Cler. Assem.
Eod™ die In Council
Read and Concurred
Rich" Waldron Cler. Con.
A Message To the board by Col° Hunking and Cap' Wi-
bird w"^ a vote for a Committee of warr w*"'' was returned
by Cap* Odiorne non Concurred.
A Message to the House by Rich'' Wibird and Tho* Packer
Esq w*'' a vote of Council for a Committee To wait on His
Excellency which was returned by M'' Fellows and Cap'
Tibbitts Concurred and is as follows.
In Conn. Aug^' 17"^ 1722
Voted, Tiiat one of the House be joyned w"' one of Tiiis
board to wait on His Excellency w"' The answer of The
House To His Excellency's letter and the L' Gov™ Speech
and discourse Him Thereon.
Rich''' Waldron Cler. Con.
Eod'-' die. In tlie House of Reprcsen.
Read and Concurred.
James Jaifry, Cler Assem.
A Message to the House l)y George Jeffry Esq w'" Tlicir
answer to The Lt Gov""" Speecli to be amended w^*" was re-
turned to The board by M"" Atkinson and Capt Wiggin w'''-
out any alteration & is as follows.
[p. 249.] i\Iay it please your Honour.
In answer To your Honours speech,
Your Honour Having been pleased hi your si)eecli at The open-
hig This Sessions To Inform us That a wan- being declared ag«'
4
50 PROVINCE OF NEW-HAMPSHIRE. [1722.
The InJiiUi llebels at the Eastw*^ who have violated all Their
Treatj'S and made an unjust warr upon us, That it would be ne-
cessary for us in Conjunction w"' The Massa*' to push on a vigor-
ous Avarr to The utmost of our power and ability we are entirely
of your honours opinion, and Therefore shall chearfully concurr
in raising- such Sums of mony as shall be sufficient To carry on
our proportionate part of The said warr. But whereas our Gov-
erment lying much of it fronting up"*^ y* Wilderness from whence
The Indians make their fatal Inroads ui)on us, as this province has
formerly felt by wofull Experience and may reasonably Expect
The like again, and having lately discovered that some of Their
headquarters are not much above a day's 3[arch above our Towns,
So That whatsoever Ave can raise in This Government being im-
ployed on our frontiers Avould not ouly be a protection to us, but
a A'ery great annoyance To, The Enemy, and Tend very much to
The distressing Them and bringing the warr to a Speedy conclu-
sion, and Ave are of opinion That our Good friends and neighbors
of TJie Mass" Avill Esteem it a proportionable part in carrying on
The warr, and That His Excellency Avill direct his Comiuanding
officers that may be posted near unto us, To Concert measures w*
ours for suppressing and destroying The Enemy as opportunity &
occasion may olTer. And Avhereas you lion'' Avas pleased To lay
before us his Excelleucys letter of y'^ 13"^ Curr' Avherein he dii-ects
To Send Seventy men To The EastAvard To joyn Tlie Army There
we rind our Selves utterly unable To Support That Charge and at
Tlje same Time To be able to Secure our frontiers and to oppose
The Enemv in case of an attack.
Peter ^Fear, Speak'.
Aug't 17 1722.
Adjourned till 3 a clock p. m.
[p. 250.] Pro. N. Hamp.
Mett according to adjornnient.
Present as Before.
A Message To The board bv Mess'" Wiggiu aiid^Easman
w"' The following vote.
In the House of llepresen. Aug''' 17"' 1722.
Voted, That a Committee of This house be chosen To
joyn Av"' a Committee of The upper house To draw up In-
structions for Those Gentlemen That are to wait on His
1722.] JOURNAL OF GENEUAL ASSEMBLY. 51
Excellency according To our vote in The morning, and To
lay the same before The General Assembly for their appro-
bation.
Aug^' IT"' 1722. James Jeffry Cler. Assem.
Eod" Die. In Council.
Read and Concurred, and Voted, That Col*^ Ilunking,
Geo. Jaffry and Ricli'^ Wibird Esq be of The Committe
from the board to joyn w"' so many of The house for The
Service above.
Eiclr' Waldron Cler. Con.
Ead'" die.
In The House of Represen.
Toted, That Andrew Wiggin Esq. Ca})* W'" Fcllo-vvs and
M"" Theo. Atkinson be of The Committe of This house for
the Service al)Ove.
James Jetfry, Cler. Assem.
Adjorned till tomorrow 9 a clock A. M.
Pro. N. Hanip''.
At a General Assem. held at portsm"
by Adjornm' Aug^' 18'" 1722.
Present In Council
His Honour Jn° Wentworth Esq L* Gov""
Sam' Penhallow ) ^ Geo. Jaffry )
Mark Hunking \ ^^^ Rich" Wibird [ Esq
Tho« Packer )
A Message To The board by Cap' Samuel Tibbitts w'" the
following votes.
[p. 251.] In the House of Represen. Aug^' 17 1722
Voted. That Isaac Green be allowed and paid by the
Town of Hampton The sum of Three Shillings pr day for
forty eight days according To his oath and that The Select
men of said Town of Hampton make an assessment for the
same on said Town.
James Jeffry Cler. Assem.
52 PROVINCE OF NEW-HAMPSHIRE. [1722.
Eod'" die. In Council
Read and Concurred.
Ricli^^ Waldron Clcr. Con.
In The House of Rcprcscn. Aug^' IT 1722.
Voted, That the sum of seven pounds Ije allowed and
paid out of The Treasury unto Benj^'- Akeruian for his Ser-
vice as door keeper for y" year 1721.
James Jeffry Cler. Asseni.
Eod'" die. In Council
Read and Concurred.
Piicli'^ Waldron Cler. Con.
George Jaffry Esq laid Itefore the Ijoard a receipt w*^'' was
ordered To be entered here and Returned to him. It is as
follows.
Received of Geoi'ge Jaffry Esq. j)r ord'" of The Committe
for Signing bills of Credit Thirteen hundred Seventy five
pounds province bills for Supply of The Treasury, pursuant
to order of The Gen' Assem. July 26*'^ 1722.
Pr Samuel Penhallow Treasurer.
A Message To The Ijoard by M'' Atkinson Caj/ Gerrish
and Cap* Tibbitts w"' a vote for accepting The Committees
report appointed To prepare Instructions for Tlie Gentlem"^
who arc to wait on liis Excellency w'^^'' was read and
non-concurred and sent down by Ricli'^ Wil)ird Esq.
Also by liim was sent down a vote of Council for accepting
another Report of y*" same Committee w'^'' was returned To
the board by Lt. Col° Davis [p. 252.] Capt Gerrisli and
Two other members non-Concurred as on file.
[From tlic Journal of tlie House. j-
Au^-. IS, 1722.
Instructions for the (rent, of the Committee yt are to walte on
Ills Excellencle.
To acquaint liis E.v" y (;ov(M-iiour lliat this Prov, and every
Town ill it is so very luneli exposed to the Insult of the Enemy
Indian;^, by being in a manner all frontiers, as that this Goverm'
1722.] JOURNAL OF GENERAL ASSEMBLY. 53
is nnable to comply with his Excell^ Demands of sending sevoiity
men to the Eastward, «fec. Bat to assure liiiu y' if the Governm'
of the Mass"- will, upon advisiiiG' with this Governm' joyn in an
Expedition ag"'*' the enemy at AVinnipisokee Pond, Osapee, Pic-
waket, & at y* head of Merrymak as Conega? «fec. this Governm'
Avill readily & cheerfully joyne with them to the number of men
mentioned in his Excellences letter, which Expeditions may both
annov the enemy and cover the Frontiers of the Mass" on Merry-
mack river & this Province at the same time. But this Province
lying under much the same circumstances and altog-ethcr as nuich
exposed to the incursions of the Enemy as that part of the county
of Yoi'k, viz. York, Berwick, Kittery & Wells, and his Excellen-
cie having tho't it proper not only to exempt the towns abovesaid
from any expedition formed ag^' the Indians beyond the bounds
of s"^ county, but have afforded them upwards of 100 men from
the westward, posted there for theirc security ; therefore being
under \^ same circumstances. Pray wee may be excused seneling
any men into the Eastern Country upon the same consideration.
The above submitted to Gen' Assembly for approbation.
Theo. Atkinson, Clk. Com.
In council read & non-concurred.
R. AYaldron, Cler. Con.
A Message To the board by James Davis Esq w"^ a vote
of The house for giving Thanks To his Hon'' the L' Gov'
for liis great care in visiting The frontiers and ordering
Scouts &c. as on file.
Adjorned till y" 29"^ Instant.
Pro. N. Hami/.
At a Gen' Assembly held at portsni"
by Adjornm* Aug^' 29'" 1722.
Present In Council
His Hon'' John Wentworth Esq Lt Gov''
Samuel Penhallow ) t-i Geo Jaffrv )
Esq
Mark Hunking \ '^^'i Shad^ Walton ) Esq
Rich^' Wibird )
Adjorned Till 3 a clock p. M.
54 PROVINCE OP NEW-HAMPSHIRE. [1722.
[From Journal of the House.]
Instructions to the Gent, to be Elected to loaite on his Excellencee
from this Frov: to confer ivith him touching ye Indian Warr &c.
To acquaint his Excellencie y*' Gov'' y' this Govei-nm' will joyue
with the Massaclmsetts in all sucli Expeditions ag»' the Indian
enemy as shall be agreed on by both Governm'% not exceeding-
one company of lifty men at one time ; & y' tliis Governm' expect
to be consulted about all Expeditions in Avhich our Quota is
demanded.
Submitted for approbation.
Theo, Atkinson, Cler. Comitte.
In Council, August 18, 1722.
Read & accepted & ordered to be sent down for concurrence.
Eodem die. In y^ house of Kepresentatives. Read and non-
concurred.
Jas. Jeffry, Cler. Assem.
Pro N. Hamp^
Melt according to adjornment.
Present as Before.
Also Tho' Pack-^ Esq
A Message To The House by The Clerk To require Their
Attend^ at the board. The Speak"" and house came accord-
ingly and his hon"^ was pleased To make The following
Speech.
Gentlemen —
You have had a recess for a few days That you might The bet-
ter consider of Avhat I laid before you at our last Sitting and more
Especially That part of it w#'' relates to The sending our Quota of
men To The Eastward to joyn Avith our Neighbors of The Massa-
chusetts [r. 2o;5.] In Marching To The Head Quarters of The In-
dian Rebels & That you will freely grant Such Su[)plys as may be
necessary for Their subsistance, in doing of Avhicii, We act but
the Just part To our selves and also Cultivate a good understand-
ing w"' our neighboring Goverment who we see are most gen-
erously Entered into The present AVarr.
I Flatter my self That We are all of opinion That it is our In-
terest to Act in Conjunction w"' Them, more Especially in matters
That Relate to The warr.
I Have given His Excellency our Governour an Account how
1722.] JOURNAL OF GENERAL ASSEMBLY. 55
faiT WQ had proceeded and that I had fai'thcr prorogued you for a
few days in hopes yon would better consider Thereof, and come
in To send our Quota. I have His Excellency's answer Thereon,
who is greatly Surprised that you should refuse doing a Tiling so
much your Interest and what the greatest part of you Voted in
May Session.
John Wentworth.
Robert Coates presented an Acct of Yictualling laliour-
ers at Fort W'^ and Mary To The board.
Ordered In Conncil,
That Twelve pounds be paid To The accountant hi part
out of the Treasury, and that The Clerk make ont a War-
rant accordingly, and That The Ace' be laid before The
Committe of Andits for Their allowance of the residue.
Rich'i Waldron, Cler. Con.
The petition of The Represen*^ of The Town of Dover,
praying for a Special Act To Exempt That Town from keep-
ing a graniar School during the Indian warr. Read at y*
board and voted That the prayer be allowed &c. and The
Said petition and vote sent down by The Clerk for Con-
currence.
Adjorned Till Tomorrow 10 a clock a. m.
[p. 254.] Pro. N. Hamp^
At a Gen' Assem. held at portsmouth
by Adjornm' Aug^* 30*'^ 1722
Present In Council
His Honour John Wentworth Esq Lt GoV
Samuel Penhallow ^ Rich'' Wil)ird )
Mark Hunking > Esq Shad"- Walton > Esq
Geo Jaffry ) Thorn" Packer )
A Message to the board by Cap' Gerrish and jM' Pennet
w"' a resolve of the house that no men be supported in the
Eastern parts by this Goverment as on file. Also a Vote
for a Committe To prepare a bill for The Encourage m* of
Souldiers & Voluntiers ; and The vote of Coiiu. for grant-
56 PROVINCE OF NEW-HAMPSHIRE. [1722.
ing The prayer of Dover petition concurred w"' is as
follows.
Voted That the prayer of The petition for Exempting
Dover from keeping a grammar School during The Indian
warr he granted and that The petitioners have leave to
bring in a Bill accordingly.
Aug'' 09th 1122. Rich^' Waldron, Cler. Con.
In The House of Represen. Aug^' W 1722.
Read and Concurred provided They keep a school for
Reading and writing &, arithmetick.
James Jeffry Cler. Assem.
His Honour The L' Governour Communicated To the
board a letter from His Excellency of y*^ 27''' Instant di-
recting The Impressing fifty men to joyn the Mass^ Army
To March Eastward which were impressed and now ready
to move, and therefore acquainted Mr. Treasurer Penhallow
he expected that he should provide for their subsistance
immediately ; who replyed, he would readily do it, but that
he had not wherew''* in the Treasury for their supply, and
therefore could not comply with his Honour's directions till
he was enabled by the Gen^ Assembly.
A message to the House by Capt. Wibird w'^' a vote for
building a block House at "Winnipishoky pond.
Adjourned till 3 o'clock, p. m.
[p. 2o5.] Mett according to adjornm'
Present as Before.
A message to the Board by Messrs. Fellows and Atkin-
son with the following vote.
In Council, Aug. 30"' 1722.
Voted, That a block-house be fortliw"' l)uilt at "Winni-
pishoky pond, at such place and in such form as a Com-
mitte to be appointed for that end shall direct, for the
annoyance of the Indian Enemy in those parts, & that a
1722.] JOURNAL OF GENERAL ASSEMBLY. 67
Committe of both houses be appouited to make an estiuialo
of the charge, in order to have the sum allowed and voted ;
which committe for making the estimate on the part of the
Board are Col. Hunking and Col. Walton.
Rich^^ Waldron, Cler. Con.
Eodem die. In the House of Represen*^
Read and Concurred, and Col. James Davis, and Cap*
Tim° Gerrish to be of a Committe of this House to joyn
w"^ the above Committe for tlie end aforesaid.
James Jeffry, Cler. Assem.
A message to the house l)y the Clerk w"' tlie vote for a
Committe to prepare a bill for the Encouragement of soul-
diers and volunteers ; and the Committe nominated . . .
w°'^ was returned by Ca{)t Odiorno, concurred, and is as
follows :
In the House of Represent* Aug 30'" 1722.
Voted, That a bill ))e drawn up for Encouragem' of vol-
unteers and soldiers of this Province ag^* y*" Indian Enemy;
and that a Committe of this house be chosen to joyn w*'' a
Committe of the upper house for drawing up a bill accord-
ingly.
James Jaffry, Cler. Assem.
[p. 2")6.] Eodem die, In Council,
Read and concurred ; and George Jaffry and Rich^ Wi-
bird, Esqs. appointed to be of the Committe from the board
for the service above.
Rich*^ Waldron, Cler. Con.
Eod™ die, In the House of Represen".
Voted, That Capt. Wm. Fellows and Mr. Theodore At-
kinson be a Committee of this house to joyn w"' the above,
Committe for the end abovesaid.
James Jeffrey, Cler. Assem.
Capt. Tim" Gerrish presented to tlie board a hill cntituled
an Act to exempt the Town of Dover from the {>eualty of
the Act relating to Grammar schools, which was read three
58 PROVINCE OP NEW-HAMPSHIRE. [1722.
times and past to bo enacted, and sent down for concur-
rence by the Clerk.
Adjorned till tomorrow, 10 o'clock, a. m.
Pro: N. I-Iami/.
At a Gen' Asscm. held at Portsm"
by adjornm* Aug'' 81'' 1722.
Present in Council
His Hon'' John Wentworth, Esq. Lt. Gov''
Samuel Penhallow | -^ George Jaffry ) ^
Mark Hunking \ ^''^'- Rich"" Wibird J ^^^i^'
Tho^ Packer, Esq.
Adjorned till Sep' 1^' 1722.
Pro : N. Hamp''.
At a Gen^ Assem. held at Portsm°
by adjornm' 7'"^ 1*" 1722.
Present in Council
His Honour Jno. Wentworth, Esq. Lt. Gov''.
Samuel Penhallow ) -p, Geo. Jatfrev ) j^
Mark Hunking \ ^^'^^- Rich" Wibird ] ^"^'^*^'
Tho* Packer, Esq.
[p. 257.] A message to the board by Capt. Gerrish and
Capt. Tibbets w"' the Report of the Committe for Win-
nipishoky Fort, and a vote thereon, which vote was returned
by Geo. Jalfry, Esq. to 1)0 amended, and was amended and
brought up again by Mr. Dennet. The said Report & vote
are as follow :
An Estimate of the Committe for building and erecting
a block-house on the side of Winnepislioky pond, at the
south-east side near the opening of the pond, so near the
bank of the pond as may be thought convenient ; and for
the building a block-house of fifty feet long and forty feet
wide, with two Flankers, and barricks of nine feet wide all
around w"'in side, and to be built within and without w'**
1722.] JOtJRNAL OF GENERAL ASSEMBLY. 59
square timber of eight inches thick, and the walls without
to be fifteen feet high ; and the barricks w"^in eight feet,
for which we, the subscribers, do estimate the cost to finish
s'^ block-house about two hundred pounds.
Aug. 30*" 1722. Mark Hunking^
Shad. Walton ( r^ -ii
T n • >Uommitte.
James Davis
Tim" Gerrish
J
In the House of Represen'^ 7'^' 1^'*, 1722.
Voted, That the Report of the Committe for building a
block-house at Winnipishoky pond be accepted, with tliis
amendment. That the s'' block-house or Fort be made fifty
feet square, and that the Commander-in-Chief be desired to
provide one hundred & fifty men, at least, for that service,
including the labourers, and that it Ijo begun as soon as
conveniently may be ; <fe that the Treasurer be ordered to
supply accordingly.
Eodem die. In Council
Read and Concurred.
James Jeffry, Cler. Assem.
Ricli'^ Waldron, Cler. Con.
[p. 258.] A message to the board by Capt. Gerrish and
Mr. Sanburn, w''^ the following vote :
In the House of Represen'^ 7'^^ 1^' 1722.
Voted, That the Committe in whose hands the mony is,
supply the Treasury w"* four hundred pounds for the sub-
sistance of the forces that shall be imployed in building the
block-house voted to be built at Winnipishoky, and for
furnishing and supplying w"' provision and ammunition
such volunteers as shall have or obtain the approbation of
the Command'' in Chief for the time being.
James Jeffry, Cler. Assem.
Eodem die, in Council,
Read and concurred.
Richard Waldron, Cler. Con.
60 PIIOVINCE OF NEW-HAMPSKIRE. [1722.
A message to the House by the Clerk to requu-e their
Attend^ at the board : The Speak'" and house came accord-
ingly. Then the three following bills, w'^'' Avere past to be
enacted in both houses, were again read and signed and
sealed at the board, (namely)
An Act to encourage the prosecution of the Indian Ene-
my and Rg1)c1s.
An Act in addition to the Acts for regulating the Militia.
An Act to exemj)t the Town of Dover from y*" penalty of
the act relating to Grammar Schools.
Then his Hon*' was pleased to prorogue the Gen' Assem :
and accordingly they were
Prorogued, till y® b"' day of October next.
Prorogued till y® 17"' Instant.
[p. 250.] Pro. N. Hamp'-.
At a Gen' Assembly held at Portsmouth,
by prorogation, October 17"' 1722.
Present in Council,
His Hon"" Jno. Wentworth, Esq. Lt. Governour.
Sam' Penhallow \ ^ Rich" Wibird ) ^
Mark Hunking \ ^'''"l^* Tliom^ Packer \ ^'*^-
A message to the house by the Clerk to require their
attend''' at this board ; the Speaker and House came accord-
ingly, <t then his Hon'" was pleased to make the following
Speech : —
Gentlemen —
1 received a letter from bis Excellency our Governour, bearing
date the o"' instant, advising me tliat. Coll° Scliiler, w''' seven
Maquas Avere come to Uoston to treat with the ^Massachusetts Gov-
ernment ab' the Eastern Indian warr; which aflair would not per-
mit his Excellency's coming into the Province this Fall, for w*"^
i-eason, I purpose that our Sessions be short, & therefore pass on
those things onely that are absolutely necessary for the support
and honour of the Government.
Pursuant to a vote of Gen' Assembly, I have caused a wav to
1722.] JOUilXAL OF GKXr:il.VL ASSIvMBLY. Gl
be cut to Winnipishoky Poiul, which 1 hope will give geneiMl sat-
isfaction. It has beeu attended with a considerable expence;
however it is well over, and that without au\' loss of men, for
which favour God Almighty be praised.
The Block-house voted to be built at the Pond, I am of opinion
it is best to suspend the building thereof for the present.
It is just that the souldiers & others that have been in the ser-
vice of the Goverment should be paid of [off] this Fall. I would
therefore recommend to you the Raising' two thousand pounds on
a good fund, ^y'^^ I hope will more than pay of our just debts;
& as we are contracting debts on ourselves, so I think it our in-
terest to find out a way to be paying in what we can without lay-
ing too heavy a burthen on the people. I would therefore recom-
mend to y° the laying on a tax of one thousand pounds for this
present year, to be paid into tl e Treasury in species, or Merchan-
able tish, boards and all sorts of Provisions, & y* a Committe be
appointed to sett the prices.
[p. 260.] I am of opinion that the report of the Committe of Audit
relating to the soldiers sent to Arowsick the last winter, under y"
conunand of Capt John Penhallow, ought to be reconsidered ; it
appearing to me that the said CapL. & his men are sufferers by the
said Committes report.
As I have the command of his Majestys Fort, Wm. & Mary, so
I think it my duty to lett you know the state of that garrison,
what money you formerly voted for the repairing and rebuilding
of it I do assure you has been faithfully applyed to that use ;
what we have rebuilt for ihe two years past is laid with stone and
lime and may stand ages. I hope you will still continue your
yearly allowance of about one hundred pounds until it be finished.
Our stock at the fort of all sorts runs low ; the droping of y" pow-
der act was a very great loss to the Province; — for the redressing
of which I think it reasonable & just that we make an additional
clause to our Gunpowder act, passed in the year 1704; "We then
received one pound of powder for every ton the ship or vessel
measured; and now but two-thirds of a pound p"" ton, occasioned
by the difference of mony; so that three shillings p"" pound now
bears the same proportion that two shillings did when the Act was
made ; and that all vessels (fishermen only excepted) should be
oblidged to pay powd'' money once a year.
There are some of the Laws that want to be strengthened, w'=''
well deserves yo"" consideration.
I have ouely to add, that you will take effectual care to provide
62 PROVINCE OF NKW-HAMPSHIRE. [1722.
for his Excellency our Govei-n" usual allowance, and wliat else is
necessar}^ for the Hou'''^ support of this his Majesty's Goverment.
J. "Wentworth.
Mr. Speaker prayed a copy of y*" foregoing Speech, which
was granted ; and then ho and the honse w"\h-ew to their
own Chamber.
Adjorned till tomorrow, 10 o'clock, a. Bl. .
[p. 2G1.] Pro : N. Hamp'-.
At a General Assembly, held at Portsmouth,
by adjornm* the 18"' day of October, 1722.
Present in Council,
His Honour John Wentworth, Esq. Lt. Gov"^
Sam' Ponhallow ) t^ George Jaffry ji -p
Mark Hunking \ ^^^- Rich-i Wibird \ ^'^'^^
Tho' Packer, Esq.
Adjorned till 3 o'clock, p. M.
Pro. N. Hamp^ ]\Iett again according to adjornm*.
Present in Council — as Before.
A message to the board by Capt. Gerrish and Mr. Den-
net w"' the Representatives answer to the Lieut. Gov''^
Speech (as follows)
Pro. New Hamp"" &:c.
In answer to his Honour the Lieut. Gov" speech of y" 17"^ cnr-
rent:
Whereas y'' Hon'' is pleased to communicate to us the reason of
his Excellency's not honoring us w"' his presence this Fall's ses-
sions, was his being taken up in a treaty av"' the live Nations of
Maquas at Boston : we should have looked upon it as a mark of
the favour of the Mass" Government, if the subject matter of the
said treaty had been imparted unto us, our Interest being insepar-
able from theirs.
We shall take speedy care for the payment of the cutting the
way up to Winnipishoky pond, and concurr w"' yo' Hon" opinion
that the building the block-house be suspended for the present.
1722.] JOURNAL OF GENERAL ASSEMBLY, 63
"We shall take care to erect a fuud for the payment of all the
just debts of the Province, As to the souldiers that went to
Arowsick uud'' y^ command of Capt, Juo, Penhallow, the report
of the committe being I'econsidered by y* assembly and settled as
well for others as those, cannot make any alterations.
As to the repairs of Fort AVm & Mary, we [p. 262.] think the
season to farr spent for any farther repair this fall, but shall not
fail making pi-ovision in due season therefor.
As to the stock of the stores of the fort, we shall take it into
consideration, and doubt not but to find some Avay to supply it.
AYe shall likewise consider what yo'' Hon'' mentious concerning
his Excellency, and also what is necessary for the hon"''''-" support
of this Province,
S*"- 18* 1722. Peter Weak, Speaker,
Capt, John Penhallow preferred a Petition to the board,
Praying for a reconsideration of the last report of j'^ Com-
mitte of Audit, w*"^ respect to him, and a further allowance
for his service at the Eastward : he also preferred another
Petition subscribed by Jno, Ladd and others praying for a
further allowance to them for service as souldiers at the
Eastward,
Adjorned till to-morrow ten o'clock, a, m.
Pro: N, Hamp^
At a Gen^ Assem, by adjorm* held
at Portsmo, y*^ 19*'' Oct. 1722.
Present in Council
His Honour John Wentworth, Esq, Lt, Gov''.
Sam' Penhallow ) -p Geo. Jaffry } ^
Mark Hunking \ ^^'^^- Rich'^ Wibird \ ^^'i^'
Tho, Packer, Esq.
A message to the board by Capt. Gerrish and Mr. San-
burn, with the following vote.
In the House of Rcprescn''* Oct 19'" 1722.
Toted, That the established wages of all officers and
souldiers in the service of this Province, done in tliis Prov-
64 PROVINCE or NEW-HAMPSHIRE. [1722.
incc for two years now next ensuing from the 17 of August
last past, shall he for [p. 203.] a Captain, seven pounds per
month ; for a Lieutenant, four pounds ; for a sargent &
clerk, each fifty eight sliillings ; for a corporal forty five
shillings, and for a centinel forty shillings.
James Jeffry, Cler. Assem.
In Council, Eodem die.
Read and Concurred.
Rich'' Waldron, Cler. Con.
Mr. Clement Hughes, commissioner of the Excise, laid
a Memorial before the board for restraining unlicensed per-
sons from selling strong liquors, <tc. w*^^^ was read at the
board, as on file.
Adjorned till tomorrow, 10 o'clock, a.m.
Pro: N. Hamp''
At a Gen' ^Issem : at Portsm° by
adjornm* Oct. 20"^ 1722.
Present in Council.
His Honour John Wentworth, Esq. Lt. Gov''
Sam' Peiihallow } ^ Geo. Jaffry ) -p
Mark Hunking \ ^'''^^' Rich" Wibird j ^^^^•
Tho^ Packer, Esq.
A message to the house of Representatives by Messrs.
Jaffry and Wibird, av"' a vote of Council for a Committe to
examine the Treasurer's Accounts from July 1721, and to
report the State of the Treasury, etc. By the same mes-
sage Capt. Penhallow's Petition, and Lieut. Ladd's were
sent down and recommended to the consideration of the
house.
Adjorned till Monday next, 3 o'clock p. m.
1722.] JOURNAL OF GENERAL ASSEMBLY, 65
Pro : N. Hamj/.
At a Gen' Assem : by adjorm
October 22^ 1722.
Present in Council
His Honour John Wentworth, Esq. Lt. Gov''
Sam' Penliallow ) Pich" Wibird ) ^
Mark Hunking [ Esqs. Tho^ Packer \ ^^^^'
Geo. Jafifry )
Adjorned till tomorrow, 10 o'clock, a.m.
Pro. N. Hamp^
[p. 264.] At a Gen' Assem. by adjorm* October 23" 1722.
Present in Council
His Honour John ^"entwortli, Esq. Lt. Gov"^
Sam' Penliallow ) ^ Geo. Jaffry \ -^
Mark Hunking \ ^^^^- Rich^' Wibird j ^^^^•
Tho" Packer, Esq.
Adjorned till tomorrow, 10 o'clock, a. m. ^
Pro : N. Hamp^
At a Gen' Assem. held at Portsm"
by adjornm' y'' 24^'^ October, 1722.
Present in Council
His Honour John Wentworth, Esq. Lt. Gov""
Sam' Penhallow ) Rich" Wibird ) -p
Mark Hunking [ Esqs. Tho« Packer j ^'^^•
Geo. Jaffry )
A message to the house of Representatives by Rich" Wi-
bird and Tho" Packer, Esq., with a vote for a committe to
examine y* Muster Rolls of last summer, — w'^'^ was con-
curred w*'^, and is as follows :
In the House of Representatives, Octob'' 24"" 1722.
Voted, That Jotham Odiorne, Esq. and Mr. Theod^ At-
kinson, and Mr. Dennet be a Committe from this House to
joyn with a Committe of the Upper house to examine the
Muster Roles of the Souldiers in the service of this Province
6
66 PROVINCE OF NEW-HAMPSHIRE. [1722.
this last summer, in ord'' to he laid before this house for
allowance. James Jeffry, Cler. Assem.
In Council, Eodem die.
Eead and concurred; and Mark Hunking, George Jaffry
and Rich'' Wibird, Esqs. appointed of the Committee on
the part of the board for the service abovesaid.
Rich" Waldron, Cler. Con.
Adjorned till tomorrow, 10 o'clock, A. M.
[p. 266.] Pro. N. IIamp^
At a Gen' Assem : held at Portsm°
by adjornm' Ocf^ 25'^ 1722.
Ilis Honour John Wentworth, Esq. Lt. Gov"^
8am' Penhallow ) Ricli" Wibird ) -^
Mark Hunking [ Esqs. Tlio« Packer ( ^^^^'
Geo. Jaffry )
A message to the house of Represen** "with a vote of
Council for the Treasurer to provide two hundred pr. snow-
shoes, &c.
A message to the board by Capt. Fellows w*'^ y® vote of
Council for the Treasurer's providing snow-shoes, non-con-
curred in the house of Representatives; and a vote of that
house for the several Towns of the Province procuring
Snow-shoes, &c. which was concurred with at the board,
and is as follows:
In the house of Represen*^ Ocf 25, 1722.
Voted That two hundred pair of snow-shoes, and so
many pair of mogosoons be forthwith provided & made at
the publick charge ; each town in this Province to make
their proportional part according to their last prov : tax ;
and that the selectmen in each town take care the same be
done, and rate each town, and pay for the making thereof;
and that the care of them be und' the chief military officer
in each town, and they shall not be used at any time but
for his Majesty's service, nor lent.
James Jeffry, Cler. Assem.
1722.] JOURNAL OP GENERAL ASSEMBLY. 67
In Council, Eodem die.
Read and concurred.
Richard Waldron, Cler. Con.
A message to this board by Mr. Dennet, with a bill ag"
retailing strong liquors without license, which was read
and past in the house, the same being read three times at
the board, Avas also past there and ordered to be Ingrost.
A message to the board by Messrs Tibbits and Sanljurn,
with Mr. Treasurer Fenhallow's acct^ settled by the house
of Representatives w%ut y*^ Council,
[p. 2G6.] A message to the house of Representatives w**^
a vote of Council, for a Committee of both houses to joyn,
to examine the Treasury accounts and report the State of the
treasury to y'' Gen^ Assem: Avhich vote was returned non-
concurred, by Capt. Gerrish and Capt. Gillman, by which
message the house sent up also a resolve that it was their
undouljted right to examine "and allow the Treasurer's ac-
counts, as on file.
The Clerk of the Representatives came to the Council
board and prayed in the name of the house, the Treasurer's
accounts (sent up this day) to correct an error they had
discovered, w''^ was granted.
Adjorned till tomorrow, 10 o'clock, a. m.
Fro : N. Hamp'.
At a Gen' Assem : held at Portsm"
by adjornm* Octob'^ 26^^ 1722.
Present in Council
His Hon'' John Wentworth, Esq. Lieut. Gov""
Sam' Penhallow ) Rich'' Wibird ) ^
Mark Hunking [ Esqs. Tho^ Packer ] ^^^^^
George Jaffry )
A message to the house of representatives by Sam' Pen-
hallow and Geo: Jaffry, Esq. with the vote of Council for
having a Committee of l)oth houses to examine y*" Treas-
urer's acct^ (which they had non-concurred yesterday) to
bo further considered, which was brought back by Messrs.
G8 PROVINCE OF NEW-HAMPSHIRE. [1722.
Wiggiii and Tibbets without any alteration, who also
brought up to the board Mr. Treasurer'^ accounts, which
the Representatives had settled, but inasmuch as the said
house of Representatives would not act in conjunction w*^
the Council in the settlement, the Council did not pass upon
them, but ordered tbem to be filed as they were.
George Jaffry, Esq. produced and laid before the board
a receipt under the hand of Mr. Treasurer Penhallow, for
four hundred pounds which he had paid the said Treasurer,
by ord' of y° Gen' Assem : of the first of Septemb'' 1722.
In Council,
Ordered, neniine contradiconte. That the Clerk issue out
a Proclamation for a public Thanksgiving to be observed
throughout this Province y° 8"' day of Novemb'' next, and
that it be in his Hon'' the Lieut. Gov^ name.
R. Waldron, Cler. Con.
[p. 267.] A message to the board by Mr. Atkinson and
Capt. Gillman, with the Committe's report on the Muster
Roles, as follows :
AV'e the Committe do approve the fohowiug Muster Roles, viz.
No. 1 Capt. Jiio. Knights Muster Eole £22: 17: 8
2 Capt. Paul Wentworth, ditto 17 : 2:4
3 Capt. Francis Mathew's, do 22 : 16:8
4 Maj^ Jno. Gilhnan ditto 269: 8:7
5 Capt. Josh"^ Week's ditto 19 : 13 : 4
6 Lieut. Juo. Sherburn, ditto 21 : 4:2
7 Capt. Juo. Gillman, ditto Cl: 15: 2
8 Capt. Jno. Wadleigh, ditto 21: 10:
9 Leiut. Joseph Beard, ditto G2: 17: 1
Capt Tini° Gerrish his account ah' cutting v" way to Winnipish-
oky: ]
Col. "Davis, ditto: o .- i ^ i.i r^ i a
Capt. Jno. Gillman, ditto: ( ^^^^ci-red to the Gen' Asscm.
Capt. Sam> Tibbits, ditto: J
Mark Hunking
Geo. JatlVv
Eichi Wibird
Jotham Odiorne
Eph" Dennet
Theo. Atkinson.
1722.] JOURNAL OF GENERAL ASSEMBLY, 69
In the House of Representatives S^'"" 2G 1722.
Resolved The above account of the Muster Roles re-
turned by y^ Committe of Audit be allowed the Several
Sums Entered against the officers names
James Jeffrey Cler. Assem.
In Coumcil Eod™ die
Read and Concurred.
Richard Waldron Cler. Con.
A Message to the house of represen* by Rich''' Wibird
Esq with a vote of Council for preparing a bill to lay an
additional Duty of Gunpowder on forreign vessels.
[p. 268.] A message to the board by Cap' Gillman and
Mr. Sanburn with the following accounts and votes of al-
lowance upon them.
7i.r lo'ii 1722. Pro. N. Hami/. D-" To Cap' Tibbitts.
Cap' Sam' Tibbitts 3 days Service in waiting on liis lion""
tlie Lieu' Gov"" in dispatcliing the Sould'''* to Winui-
pishoky at 5s. P. daj^ 15
Pro N. Hamp'" Dr.
To Cap' Jn° Gillman 7'"' lO"' 1722 For Service as overseer
in cutting tlie way to Winnipishoky pond, being 10
days £2 10
iu that Service at 53 £- 5
9
9
£2 15-
Pro. N. Ilamp--. To Tim° Gerrisli D' 7^' 10"^ 1722.
For service done in Cutting the road to AVinnipishoky
pond being 8 days as Survey'' myself at ten shillings
P. day ' ' £i
To John Wingate 8 days as Pilot at 5s
To W™ Hill 8 days as Pilot at 5s
To one Kittle lost in tlie service afores*^ — 6
Tim" Gerrish. £8 — 6
To Col" Davis for taking the whole care and management
of the affairs in Cutting y'= way to AVinnipishoky pond
8 days at 10s £^
Thom« Aldeu as Docf 8 days
Signed by Coll° Davis being new drawn. —
£6
70 PROVINCE OF NEW-HAMPSHIRE. [1723.
In the house of Eepresentatives S^' 26 1722.
The above account being referred to the Assembly, Eesolved
that the above account be allowed as y* sums are Sett of.
James Jeffry Cler. Assem.
In Coun. Eod™ die
Read and Concurred.
Rich<i Waldron, Cler. Con.
[p. 2G9.] Memorandum of Service done the Province in scouting
to Winnipishoky pond, Feb-'y 1721,
To 3 men at 6 days each, at 5s P. viz' Benj* "Weutworth,
John Hayes & James Guppy £4 10
To Ditto Service done by (viz')
Jn" Wing-ate 30s being 6 days at 5s £110
Eleaz' Young 30s ditto • 1 10
AV" Hill 30s ditto 1 10
4 10
Oct' 1722. Errors Excepted
P. Signed by Coll" Waldron and New di-awn.
In the House of Represent. Ocf^ 26'^^ 1727.
The above account being Referred to the Assembly, Re-
solved That the above sums be allowed as Set of.
James Jeffrey Cler. Assem.
In Council Eod™ die.
Read and Concurred.
Rich^ Waldron Cler. Con.
Adjorned till tomorrow 9 a clock a. m.
Pro. N. Hamp'.
At a General Assembly Held at Portsm°
by adjornment the 27"' October 1722.
Present In Council
His Hon-" John Wentworth Esq. Leiut Gov'"
Samuel Penhallow ) ^_^ Geo. Jaffrey ) t-
Mark Hunking j ^^^«- Rich'^ Wibird | ^^^^•
Thom^ Packer.
A Message to the board by Mess''^ Redman Fellows and
Sanburn w"' the Petition of Cap* Jn^ Penhallow Sent^down
1722.] JOURNAL OF GENERAL ASSEMBLY. 71
y« 20*^ Instant, and the Petition of Leiu* Ladd [p. 270.]
and others praying A Further allowance for their Service
at the Eastward as Souldiers and also a new Muster Role
made and preferred by the said Cap* Penhallow w'^ the sev-
eral following votes on the said Petitions and Muster Role,
(viz*) on Cap* Penhallow's Petition.
In the House of Representatives S*"'' 25"' 1722,
The Prayer of this Petition is partly answered in the
Mens Petition and no farther answer given to this Pe-
tition.
James Jeffry, Cler. Assem.
In Coun. Oct^ 27 1722.
Read and Concurred.
Rich-^ Waldron, Cler. Con.
on Leiu* Ladds and the Other Sould""^ Petition.
In the House of Representatives 8^'^ 26*^ 1722.
Voted, That the Souldiers that were under the command
of Cap* John Penhallow at Arowsick have a further- allow-
ance to the Muster Role that is made up of eight Shillings
P. month each man for the time he was in the Service, &
that Leiu* Ladd have an Addition of ten shillings P. month
added to his former pay that was allowed, and the deserters
y® same. James Jeffry Cler. Assem.
In Coun. Oct'- 27*" 1722
Read and Concurred.
Rich<i Waldron Cler. Con.
Entered on y*^ Muster Role as follows
Ocf^ 27 1722. We of the Committee do allow of the
within Muster Role and to be due thereon £125: 3: 8
Eph'' Dennet Mark Hunking
Joth. Odiorne Geo. Jalfry
Theo. Atkinson Rich*^ Wibird
In the House of Represent^ 8'"- 27*" 1722
Voted, The above addition to the former Muster Role
be allowed and paid out of the Treasury.
James Jeffry Cler. Assem.
72 PROVINCE OF NEW-HAMPSHIRE. [1722.
In Council Eod™ die.
Read and Concurred.
Rich" Waldron Cler. Con.
[p. 271.] A Message to the board by Mess" Redman, Fel-
lows & Saiiburn w"' the votes of Council for levying a tax
of one thousand pounds, and Settling a Gunpowder Duty
on forreign Vessels, voted by the house of representatives
to have the consideration of them Suspended til y® Spring
Sessions.
A Message to the house of Representatives by the Clerk
with a vote of Council for Trustees to Exch'* y° old out-
standing bills &G. W''^ was Concurred w'^ in the house &
Returned by Maj' Gillman and is as follows.
In Council 8""' 27*^ 1722.
Voted, That Mark Hunking Geo. Jaffry and Rich^ Wi-
bird Esq be of the Trustees from the board to joyn w"' so
many of the house to receive the five thousand three hun-
dred & eighty four pounds in Equal parts for Exchanging
the old out Standing bills according to the tenour of the
Act. Rich. Waldron Cler. Con.
In the House of Represen*. Eod™ die.
Read and concurred and voted, That Col. Peter Wear,
Col. John Plaisted and Mtij'' John Gillman be the Trustees
from this House, to joyn w"^ those chosen by the Council to
receive in equal parts w"' them the five thousand three hun-
dred and Eighty four pounds for Exchanging y*^ old out
standing bills according to the tennour of the act.
James Jeffry, Cler. Ass™.
Memorand'" the other votes past (for the distribution of
y* 5384X aforcs*^) yesterday are vacated,
Rich'J Waldron, Cler. Con.
A message to the board by Capt. Gillman with tlie fol-
lowing vote.
In the house of Representatives, 8''' 27'^^, 1722.
Voted, That the Sum of five hundred thirty eight
1722,] JOURNAL OF GENERAL ASSEMBLY. 73
pounds eleven shillings and three pence be delivered into
the Treasury of this Province by the Committee that
Signed the two thousand [p. 272.] eight hundred pounds,
for the payment of the several muster roles, and accounts
allowed by the Gen' Assembly, Octob' 26"', 1722, and that
it be paid to the Several officers named in the Muster
Roles, and the Several persons to whom the said accounts
are due, and that the Command'' in Cheif for the time be-
ing be desired to Issue out his warrants accordingly.
James Jeffrey, Clcr. Assem.
In Council eod"^^ die.
Read and concurred. Rich*^ Waldron, Cler. Con.
A message to the board by Mess" Wiggin and Atkinson,
^th j<2 following votes.
In the House of Represen, 8^'^ 27, 1722.
Voted, That His Excellency the Gov"^ be presented with
one hundred pounds to be paid out of the Treasury for his
support in manageing the affairs of the Government To
October, 1722. James Jeffrey, Cler. Assem.
In Council Eod™ die.
Read and concurred.
Rich^ Waldron, Cler. Con.
In The House of Represen. &>' 27, 1722.
Voted, That the Sum of one hundred pounds be pre-
sented the Hon'^''*' the Lieut. Gov"^ for his great care and
special Service done the Province, and that it be paid him
out of the publick Treasury of this Province.
James Jeffrey, Cler. Assem.
In Council Eodem die.
Read and concurred.
Rich*^ Waldron, Cler. Con.
In the house of Represen. 8''^ 27, 1722.
Allowed To Susanna Smal out of the Treasury twenty
five Shillings being for y° Expences of Several Comittees
in y^ last two years. James Jeffrey, Cler. Assem.
74 PROVINCE OP NEW-HAMPSHIRE. [1722.
Ill Conn. Eocl™ die.
Read and concurred.
Rich'^ Waldron, Cler. Con.
[p. 273.] A message to tlie board by M"" Redman, w*^
the following votes.
In the house of Representatives, 8'"' 27, 1722.
Voted, That there be Two Thousand pounds bills of
Credit of this Province forthw"^ impressed and Signed by
a Committe to be appointed by both houses, and be by
them paid into the Treasury from time to time by order of
the Gen' Assembly for defraying the charges of the Gov-
ernment and for a fund to repay the same that it be raised
by a Tax on the Inhabitants of this Province, one half in
the year 1731, and the other half in the year 1732, and
when brought into the Treasury to be burnt to Ashes in
presence of the Gen' Assembly, the said bills to be repaid
in money or Such Species as shall be agreed upon by the
Gen' Assem. from time to time, and that an Act be drawn
up accordingly, & that M"" Speak'' Wear, CoP Jn^ Plaisted
& Maj' Jn" Gillman be of the Committe of this house to
Sign the Same. James JefTry, Cler. Assem.
In Council Eod™ die.
Read and concurred.
Rich-^ Waldron, Cler. Con.
In the House of Represen. S^' 27, 1722.
Voted, That Andrew Wiggin, Esq., & W Theo. Atkin-
son be of the Commite of this house to joyn with a Com-
mitte of the upper house to draw up y^ Act for the emitting
two thousand pounds now to be drawn.
James Jeffry, Cler. Assem.
In Council Eod™ die.
Read and concurred and Mr Jaffrey & Col. Packor ap-
pointed on the part of the board to joyn y*^ gentlemen
afores" for the service aforesaid.
Rich*^ Waldron, Cler. Con.
1722.] JOURNAL OF GENERAL ASSEMBLY. 75
[p. 274.] A message to the board by Mess" Atkinson
and Sanburn with the following votes.
In the house of Represent. 8^' 2V^, 1722.
Voted, That the Souldiers belonging to the Castle W" &
Mary be paid their respective wages at two several times
(viz.) the one half in March the other half in October,
and so de anno in annum.
James Jeffrey, Cler. Assem.
In Council Eod" die.
Read and Concurred,
Rich^ Waldron, Cler. Con.
In the House of Represen Ocf 27, 1722.
Voted, That every town shall Ije supplyed w"' a copy of
the act relating to Tippling houses in ord'' that the same
may be published in each town w^^'in this Province, and
that the clerk of the council be allowed for the same &
paid out of the pul}lick Treasury.
James Jeffry, Cler. Assem.
In Council Eod™ die
Read and concurred. Rich"^ Waldron, Cler. Con.
In the House of Represen. Ocf 27^'' 1722.
Voted, That four hundred eighty six pounds eight shil-
lings and nine pence be delivered to the Treasurer by the
committee that signed the two thousand eight hundred
pounds, for payment of the farther allowance of Capt.
Penhallow's Muster Role, and the Account allowed Mrs
Smal, Sjaid sum being the ballance of the 2800X and if any
over plus to remain in the Treasury til further ord"".
James Jeffry, Cler. Assem.
In Council eod°' die.
Read and concurred.
Rich'' Waldron, Cler. Con.
[p. 275.] A message to the board by Capt Tibbits, w*'^
the bill entitled an act for striking and emitting a further
sum of bills of credit which had been reported to the
78 PROVL\CE OF NEW-HAMPSHIRE. [1722.
house of representatives by the committee ap];ointed to
prepare the same, and which had been several times read
in the house, and was there passed to be enacted, which
said bill was read three times at the board & there also
past and ordered to be engrost.
A message to the house of Representatives by the clerk
to require their attend'"^ at the board. The speak'" and
house came accordingly and then the two bills which were
past this session being signed and sealed in presence of the
Gen^ Assembly, (namely)
1^' an Act to Prevent the Retailing & selling strong
drink without license, &
2*^ An Act for striking & emitting a further sum of bills
of credit.
His Honour was Pleased to prorogue the Gen' Assem &
accordingly they were
Prorogued till the tenth day of December next.
[p. 276.] Pro:N. ^amp^
At a Gen' Assembly held at Portsmouth
by Prorogation Decemb"" 10"', 1722.
Present In Council,
His Hon'' John Wentworth Esq. Lieut. Gov""
Sam' Penhallow ) Rich^^ Wibird ) ^
Mark Hunking [ Esq. Tho« Packer \ ^'^•
Geo. Jaftry )
A Message to the house of Represent, by Samuel Pen-
hallow and George Jaffry Esq. with a vote of Council for
Col" Hunking to be Recorder, etc
A Message to the board by Cap* Gerrish and Mr. San-
burn wth a Resolve of the house for the Treasu'" laying his
accounts before them in ord"^ to be adjusted as on tile.
George Jaffry Ksq. laid before the board a receipt und"'
the hand of Mr. Treasur"^ Penhallow for four hundred
eighty nine pounds three shillings Prov : bills paid into the
1722.] JOURNAL OF GENERAL ASSEMBLY. 77
Treasury (being part of the 2800£) wliicli was ordered to
be minuted.
Rich'' Wibird Esq. laid before the board a receipt und"^
Mr Treasu^ Penhallows hand for three hundred and thirty
one pounds four shillings paid into the Treasury w'^'' was
ordered to be minuted, being part of the 2800X.
A Message to the board by Cap' Gillman, w"' the follow-
ing vote.
In the house of Represent X"-^ 10*^, 1722.
Toted, That a committo of this house be chosen to
joyn with a committe of the upper house for adjusting the
Treas'^ accounts before he goes of and That Jn'' Plaisted
Esq. Cap' W" Fellows, Mr Theo Atkinson, Mr Eph^ Den-
net and Mr Clerk Jeffry be of the committe from this
house for that end, and that an Express be sent his ExcelP^'
to call the assem. immediately to sitt again for adjusting
and discharging said accounts.
James Jeffry, Cler. Assem.
[p. 277.] In Council Eod'" die.
Read and Concurred and voted That Mark Hunking
Geo Jaffry, Rich'' Wibird Tho" Packer & the clerk of the
Council be of the committe on the part of y° board for the
service aforesaid.
Richard Waldron, Cler. Con.
Ji. Message to the house of Represen. by the clerk to re-
quire their attend*^ at the board the speak"^ and house came
accordingly and were then acquainted by His Honour that
he liad received possitive directions to prorogue or adjourn
the Gen' Assembly till y^ 20"^ of 'Feh'^ and therefore could
not continue the session to finish the busyness, now und'
consideration ; but with all that he would Immediately
send a dispatch to his Excellency for liberty to meet and
sitt on Thursday next to finish the present necessary affairs
& therefore desired all the memb" to be in town at that
time that the appointment of a Recorder and the adjust-
ment of the Treasurers accounts might meet no further
78 PROVIiNCE OF NEW-HAMPSKIRE. [1722.
impediment. Tlieii Ilis Hon'' was pleased to adjorne the
Gen' Assembly and accordingly they were
Adjorne till the eighteenth day of February next.
[p. 278.] Pro : N. Hamp"-
At a Council held at Portsm" X*^-- m^ 1722.
Present
His Honour Jn° Wentworth Esq. Lieu' Gov'^
Sam' Penhallow ) Rich'^ Wibird
Mark Hunking S Esqs. Tho« Packer { ^^^'
Geo : Jatfry )
Whereas the Gen' Assembly of this Province stand ad-
jorned to the eighteenth day of Feb''^ next and His majes-
tys service and pressing affairs of this Government require
a special sessions at this time Ordered that the Clerk forth-
w^'^give notice to the memb''^ of the house of Represent, to
meet and sitt this day at Three oclock afternoon in Gen^
Assem for His Maj"** Service, and accordingly they were
notify ed.
[p. 278.] Pro: N. Hamp'
At a special sessions of the Gen' Assembly
held at Portsm" f 13*'^ Decemb 1722.
His Honour John Wentworth Esq. L* Gov^
Sam' Penhallow ) -^ Geo : Jaftry )
Mark Hunking j ^^^^' Rich-^ Wibird [ Esqs.
Thos : Packer )
A Message to the board by Cap* Fellows and M"" Sanburn
with the vote of Council sent down the 10''' Instant appoint-
ing Col° Hunking Record'' nonconcurred by the house as on
file : by the same message the following vote.
In the house of Represen' X^^ 13"' 1722.
Voted Tliat the Recorder of Deeds for this Province be
chosen every Three years at the Spring sessions from the
next spring sessions.
James Jeffry, Cler. Assem.
1722,] JOURNAL OF GENERAL ASSEMBLY. 79
In Council Eod™ die.
Read and Concurred.
Rich'i Waldron, Cler. Con.
[p. 279.] A message to tlie board by Messrs. Atkinson and
Dennet with the following votes.
In the House of Represent X"-^ W^ 1722.
Voted That CoP Mark Hunking be the Recorder of
Deeds for this Province and that all the books of records
and files of papers belonging thereto be forth""" delivered
into his hands, he giving a receipt for the same and taking
an oath for the faithfull discharge of his office.
James Jeffrj, Cler. Assem.
In Council Eod™ die.
Read and Concurred. Rich'^ Waldron Cler. Con.
In the House of Represent X*^"^ 13"' 1722.
Voted That John Plaisted Esq. Cap' W^^ Fellows, Mr
Eph^ Dennet, Jotham Odiorne Esq and Mr Atkinson be of
a committee of this house to joyn with a committe of the
board to take y® records and files thereto belonging from
Mr Record'^ Penhallow and deliver them Col° Mark Hunking
taking his receipt for the same.
James Jeffry Cler. Assem.
In Coun* Eod™ die.
Read and concurred and Rich'^ Wibird & Tho^ Packer
aj5pointed to joyn the Gentlem" aboves'^ for ye service above
said. Rich^ Waldron, Cler. Con.
In the House of Represen* X"-" 13"^ 1722.
Voted that the return of the Auditors on Mr Treas'' Pen-
hallows acc'^ be accepted and the acc*^ be allowed.
James Jeffrey, Cler. Assem.
In Council Eod™ die.
Read and Concurred Richard AYaldron, Cler. Con.
[p. 280.] Memorandum
The Auditors reported that Mr Treasurer Penhallows
General Account for the year 1722 was well vouched and
80 TROVINCE OF NEW-HAMPSHIRE. [1723.
right cast, and that tliere is duo to Ijallance from the said
Treasurer thirty six pounds nineteen shillings as endorsed
on the said account on file.
A message to the board by Messrs Downing and Sanburn
w*^ the following vote.
In the House of Represen* X*"^ Vd'^ 1722.
Voted That John Plaisted Esq. Capt William Fellows,
Mr Eph'' Dennet be of the committe from this house to
joyn w'" a Committe of the upper house to take the stores
that are left in the Treasury, and deliver them the new
Treasurer.
James Jeffry, Cler. Assem.
In Council Eodem die.
Read and Concurred. Richard Waldron Cler. Con.
And Coll*^ Hunking, Mr Wibird and Mr Packer appointed
from the board to joyn the Gentlemen above for the service
above. Richard Waldron, Cler. Con.
A Message to the house by the clerk To direct their
attend*"^ at ye board the Speak'' and house came accordingly
and then His Hon'' was pleased To prorogue them and ac-
cordingly they were
Prorogued To the 18"' day of Feb-'^ 1722-3.
[p. 281.] Pro. N. Hamp--.
At a Gen' Assem. held at Portsmouth by
Prorogation y' 18*" day of Yeh'^' 1722-3.
Present In Council
His Honor John Wentworth Esq. Lieut. Gov"'
Mark Hunking ^
Geo : Jaffry v Esqs.
Tho^ Packer )
A Message to the house of Represen* by the Clerk to re-
quire their attend^ at the Council board, the speaker and
house came up accordingly & his Honour was pleased to
make the following Speech.
1723.] JOURNAL OF GENERAL ASSEMBLY. 81
Gent.
This being the first time I have seen you since his Excellency
our Govern"' Embarked for Great Brittain where I hope he is ar-
rived in safety, and we may expect his return to us again some
time in the months of September or October next which I thought
jjroper to communicate to you,
I am sensible that his Excellencys suddain leaving us, had laid
me und"" some difficulty and the more so since we have a waiT
upon us.
I promise myself that my Council will at all times and more
especially at so critical a juncture as this give me their faithfull
advice, and I have uo less I'eason to believe but the house of Rep-
resent will give me all aid & assistance for the better and more
honourable support of y^ Goverm' and so enable me to carry on
our proportion of the Indian AYarr, which we are now engaged
in so as that our neighbours may have no just cause to censure u8
on that head.
It has been the practice of this Goveimment on several occasions
to address His Maj'y, and I think it much so our duty now, since
we have the certain advice of a wricked and bloody conspiracy
formed ag*' His Majesty and His whole Royal Family, — the subver-
sion [p. 282] of our happy constitution both in church and state,
but by the good Providence of Almighty God it was timely dis-
covered.
I would put you in mind that the Treasury is empty which is
not for the honour or interest of the Government more especially
in time of Warr and that there are some few debts due from the
Province that ought to have been discharged the last fall and some
now due, you may be assured I will take effectual care that the
money which comes into the Treasury shall be applyed to the
ends it was raised for and no other.
I hope a few days will finish what we have to do at present, the
Time of our Spring sessions drawing near, by which time we may
expect to hear from Great Brittain which may enable us the bet-
ter to manage the aftairs of the ensuing year.
You may be assured that whatever you offer to me that is in my
power to grant for His Maj'^^ service and the good of this Prov-
ince you shall have my hearty concurrence thereto.
John Went worth.
Adjorned til Tomorrow, 10 o'clock, a. m.
6
82 PROVINX'E OF NEW-HAMPSHIRE. [1723.
Pro. N. ITami/.
At a Gen' Assem held at Portsm°
by adjornm* Fel/>' 19*" 1722-3.
Present in Council
His Honour John Wentworth Es(|. Lieut Gov^
Mark Hunking | y Shad" Walton j j,
Geo : Jaffry \ ^^"^^ Thom^ Pack=- ] ^-*1^-
Memorand'" This day was delivered to the Gen' As-
sembly by the Grand Conimitte (for y*' fifteen thousand
Pounds) three hundred and twenty one pounds whicli was
burnt to ashes in i)resence of the said Gen' Assembly of
which said sum of i521<£ the s,^ Grand Committee are here-
by discharged
Rich'' Waldron, Cler. Con.
Adjorned til 3 oclock P. M.
[p. 283.] Prov : N. Hamp.
Mett again according to adjournment.
Present As Before.
A Message to the Board Ijy Capt Gillman and Mr Den-
net wi"' an answer to His Hon'" Speech as follows.
In tlie House of Represen' Feb. 19"^ 1722-3.
May it Please yo' Honour.
His Excelleucys aflairs calling- liiui over to Great Brittain, "\Ye
■n"' pleasure behold your Honour in the Chair Invested with the
power of Command'' in Chief over the atiairs of this Government.
AVo Assure your Honour that in our Station we shall taithfuUy
aid & assist you at all times and shall readily grant such supplyes
as sliaJl be necessary to support the Honour of y*^ Government
and for the discharging all just Debts contracted upon the Gov-
ernment, w"' a particular regard to the Indian Warr, So as our
neighbours ingaged w"' us in y'^ same warr shall have no reason
to coini)lain.
We are Heartily willing tojoyn w"' your Honour and The Hon-
ourable board in a Congratulatory address to His Majesty upon
His Wonderfull Deliverance from those Hellish Plotts & Contriv-
ances thatAvere laid for His destruction w* all tlie Royal Family.
We desire yo"^ Honour would be pleased to order an account of
1723.] JOURNAL OF GENERAL ASSEMBLY. 83
tliose debts to be laid before us that are yet unpaid w"' an esti-
mate of the contingent charges tliat may liappen between this and
tlie Spring Sessions.
We s]iall endeavor to dispatch wliat lyes before us in as short
time as the nature of the atiairs will allow.
We shall entirely depend upon yo'' Honours Prudent care and
management in the atiairs of the Government and especially the
warr & in the Good Improvement and husbanding the Publick
Treasure.
Petkr Weare Speak""
[p. 284.] A Message to the House of Representatives
by the clerk, w"^ a vote of Council for a committe to pre-
pare the draught of an address to Ilis Majesty.
Humphry Sullivan Preferred a Petition to the board
Praying for 50 £ to be paid him by y® Town of Dover for
liis service there as schoolmaster ttc. for reasons therein
mentioned, w"^^ Petition being read It was ordered that the
select men of Dover be served with a copy of said petition
and this order, who are hereby directed to give answer
thereto To his Honour the L' Gov"^ at or before the fifteenth
day of March next.
A Message to the board by Maj"" Gillman and Capt. Tib-
liits w"' the following vote.
In the house of Representatives Feb'-'' 19"' 1723.
On the petition of James Cate Whereas Jeremiah Lary
who was hired by said James Cate to serve in his room to
scout the frontiers und"^ y*" Conunand of Maj'' J"° Gillman
and being omitted in the said JMaj"" Gillman's Muster Role,
prays he may be allowed a centinel's wages for twenty
three days service.
Voted that he be allowed ccntincls wages for twenty
three days service, and payed out of the pulilick Treasury.
James Jeffry, Cler. Assem.
In Council Eod'" die.
Read and concurred.
Rich'^ Waldron, Cler. Con.
Adjorned til to-morrow 10 oclock a : M :
84 PROVINCE OF NEW-HAMPSHIRE. [1723,
Prov N, Ilamp.
At a Gen' Assem^ held at Portsm°
by adjoniment Feb 20'", 1722-23-
Present In Council
The IIoii^'*' John Wentworth Esq. L' Gov'',
Mark Hunking ) ^^^ Shad=^ Walton ) ^
Geo. Jatfry i ^^^- Thomas Pack'' \ ^^^■
Mr. Joseph Hewston in behalf of himself and many
others late from Ireland, preferred a Petition to the board
praying for a Tract of in land to settle upon in tlie miap-
propriated parts of this Province.
In Conn,
Granted, That the Petitioners may [p. 285.] look out
for a Tract in the unappropriated & unimproved lands of
this Province of eight miles square and report the bounds
to His Honour in order to be incorporated in May next.
Rich^ Waldron Cler. Con.
A Message to the board by Mr Dennet, w"' the following
vote,
In Council, Feb'^' 19"' 1722-3.
Voted, That George JafTry Esq, and the Clerk of the
Council be of the Committee from this board to joyn such
as may be chosen by the house of Representatives to pre-
pare the draught of an address to His Majesty on His late
happy deliverance from a hellish plot &g.
Rich^ Waldron Cler. Con.
In the house of Represen* Eod™ die
Read and concurred and Voted That Jotham Odiorne
Esq. and Capt William Fellows be of the committe of this
house to joyn those Gentlemen of the upper house for the
end above said.
James Jcffry Cler. Assem.
A Message to the board by Capt Samuel Tibbits and
Capt John Gillman, with the following vote.
In House of Reprcsen, Feb, 20"' 1722-3.
Voted, That there be signed of the Two Thousand
1723.J JOURNAL OF GENERAL ASSEMBLY. 85
pounds now ready impressed three hundred pounds and ])ut
into the Treasury for payni* of sundry Debts due from the
Province and other contingencys that may happen between
this and the Spring sessions, and that the Treasurer
forth"'"^ call in all the monys and debts due to the Province
for Import Export Excise [p. 286.] & Interest that it may
be accounted for at the next sessions.
James Jeffry Cler. Assem.
In Coun. Eod'" die.
Read and Concurred.
Richard Waldron, Cler. Con.
In the house of Represen. Feb. 20*" 1722-3.
Ordered, That Mr. Treasurer Jaffry demand and receive
from the late Treasurer Mr Penhallow the ballance of His
account made up and due to the Province and that the
Present Treasurers Receipt shall l)e a full discharge to the
former treasurer for the same sum.
James Jeffry Esq. Cler. Assem.
In Coun Eodem die.
Read and Concurred.
Richard Waldron Cler. Con.
Geo. Jafifry Esq. Reported to the board a draught of an
address to His Majesty w'^'^ was sent down by the clerk and
being accepted by both houses was fairly drawn and Given
to tbe Lieut Gov'' which is as follows ;
To tlie King-'s most Excellent Majesty, The humble address of (he
Lieut Gov'' Council and representatives of your Maj'>* Province
of New Hampshire in New England in America convened in
General Assembl}'.
3fost Gracious Sovereign :
AVe your Majestys most loyal & dutiful! subjects do unani-
mously for our selves and in The name of all the peoi)lc of this
Government humbly take leave to prostrate ourselves at your
lioyal Feet and manifest to your [p. 287.] Majesty our unfeigned
and boundless Gratulations for the late seasonable & mcrcyfull
discovery of the blackest and most horrible Tragedy Hell itself
could project; by which means your majesty's most sacred Person
86 PROVINCE OF NEW-HAMPSHIRE. [1723.
and your Illustrious family were delivei-cd from the danger of a
bloody masacre and murtlierous conspiracy and even the liapi^y
constitution of your kingdoms and Dominions both in church and
state with your subjects propertys and privileges preserved (from
Popish chains and Romish slavery) which were all to be destroyed
by the same fatal blow. We adore the Intinite Goodness of the
Omniscient on this account, who hath brought to light this dark
and deep design and we do unitedly and earnestly pray that the
same tender regards of Heaven which hitherto have may ever yet
surround your majesty and that the Almighty Arm of y"= King of
Kings may at all times be stretched out for y'^ defence of your
Majesty against all secret attempts & open violences. That the
Crown of Great Brittain may sitt fast and flourish on your maj-
estys head many years yet to come, and that after you shall
change this for a Ileavenlj'^ Crown, the Throne of those Kingdoms
may be tilled by a Protestant Prince of your most Illustrious
family till time shall be no more ; and we do also at this time with
the Greatest humility beg leave to Testify to your INIajesty the ab-
horrence and detestation we have conceived against a Popish Pre-
tender and His Adherents, and more especially such of them as
are your Majestys lawfull subjects, and tyed in subjection not by
laws alone, but by the most mild and mercyfull administration
that liberty itself could wish for and freedom desire, the Influ-
ences whereof have reached y^ remotest regions in your Majestys
Dominions even this little distant American Province which has
rejoyced in y« felicity and Privilege of being your subjects.
And while we are yet addressing We the Council and Repre-
sentatives [f. 288.] with utmost submission ask liberty To Tender
to your Majesty our hearty thanksgiving for your gracious care
concerning us in having the chair of this Government from time to
time furnished with Governours of known loyalty worth and dis-
tinction and at this time by one Avho.se administration has hitherto
been and we promise ourselves will continue to be, meritorious of
your Majestys smiles and of your peoples prayers for His con-
tinuance. We are
May it Please your Majesty
Your Majestys
Most Loyal, Dutiful!
and obcd' Subjects
Rich<* Waldron Cler Con.
P ord-- of y« II IP'« y<= Lt Gov"- & Conn.
By order of the House
of Representatives
Peter AVear, Speak''.
1723.] JOURNAL OF GENERAL ASSEMBLY. 87
A Message to the houses by the clerk to require their
attendance at the board. The Speaker and house came up
accordingly and then Plis Honour was pleased To Prorogue
the General Assembly and accordingly they were
Prorogued
Till the 20"' day of May
1723.'
[p. 289.] Pro. N. Hamp.
At a General assembly Held at Ports-
mouth by Prorogation the 20"' day of
May, 1723.
Present in Council,
His Honour John Wentworth, Esq. L* Gov"
Mark Hunking ) -^ Rich'' Wil)ird ) , ^ .
Shad'-' Walton J ^"'i^ Tho^ Packer \ ^''^^
A Message to the House by the Clerk to desire their at-
tendance at the board the Speaker and House came accor-
dingly and his Honour was pleased to make the following
speech.
Gentlemen —
Its with Great Satisfaction tliat I meet you at this tune, and
hope with minds well prepared for the speedy going through what
remained of y'^ last years business, and then pass on those things
that concern the Present year.
You may remember tliat I recommended to you the laying a
Tax on the Inhabitants of a thousand pounds in order to les.-en
our Public Debts. I then told you tliat the Growing charge ot
the Province was such that if avc did not find out some way for
discharging our Debts as we went along, that in time it would
bring the burthen to be very heavy which I hope you will Season-
ably prevent by taking proper Methods for the lessning thereof.
I did hi the Proper Season of y'^ year provide plaidc TimI)or
stone and lime at y'' cheapest rate I could for repairing His ?^Iajes-
ty's Fort W" & Mary at New Castle, and I hope you will take
care to provide for that repair.
I have taken all proper measures to defend our frontier Towns
from y' Insults of the Indians by keeping out Small Scouts, Avhich
88 PROVINCE OF NEW-HAMPSHIRE. [1723.
by y° blessing- of God has proved successful! hitlierto So that not
a man has fallen by the enemy in this Province Since the warr.
[p. 290.] I have with the advice'of the field oflficers sent a small
Party of men to Winuepishoky pond und"^ Command of Cap* John
Gillman they are gone twelve days March to that part of the pond
where their fishing- ware is fixed in ord' to make what discovery
they can of the enemy which I hope will have its desired effect.
I am to let you know that I have received a letter from His Ex-
cellency our Governour dated in London March y*^ 6"^ last i)ast in
which he advises me of His Safe arrival there, and that he in-
tended to return to this Country in three or four months, and as
he has promised to do every thing in his Power to serve this Prov-
ince, So I think I should be wanting in my Duty to him. If I did
not recommend to your Consideration the usual allowance made
him when present w* lis.
I would recommend to you that proper care may be taken for
the discharging- what debts remained due from the Province for
the year past and also for y^ Present year's expence as the Scout-
ing and going to Winuepishoky pond &c. also that you will take
proper care for the Hon'^''^ Support of this His Majesty's Goverm'
and if you have anything to offer that is for His Majesty's Service
and the Good of this Province you arc always sure of my hearty
Concurrence.
Jn° Went worth.
A Copy of the foregoing Speech was Sent down to the
House by the Clerk at the request of M"" Speaks
Adjorned til 3 o'clock P. M.
Pro. N. Hamp^«.
Mett according to adjornm*.
Present In Council As Before.
Adjorned Till tomorrow 10 o'clock a. m.
[p. 291.] Pro. N.IIamp-.
At a Gen' Assembly at Portsm° by
adjornm* May 21^' 1723.
Present In Conn'
His Hon'' John Wcntworth, Esq. Lieu' Gov'"
Mark Hunking | .. Rich'' Wibird ) j.
ShadMValton \^''^- Tho^ Packer \^''^^'
1723.] JOURNAL OP GENERAL ASSEMBLY. 89
M"" Joslr'' Pierce Publick Register of Marriages, Births
and Burials for the Province represented In writing under
his hand that the laws relating to that affair was Imperfect
&c. which was read at the board and sent down to the
house by the Clerk.
Adjorned til 3 o'clock p. m.
Pro. N. Hamp^«
Met according to adjornm*
Present In Coun' as Before.
Also George Jaffry Esq.
Rich'^ Wibird Esq. laid before the board a receipt for
302<£ 5s w*^^ was ordered to be entered and is as follows.
Received March 4"' 1722-3, three hundred and two
pounds five Shillings Province bills of the Committe j^r Mr
"Wibird for Supply of the Treasury pr order of the Gen-
eral assembly.
£302: 5 Pr Geo : Jaffry Treasurer
A Message to the House by Geo : Jaffrey and Rich'' Wi-
bird Esq with a vote for a Committe of both houses to
audit y° Publick accounts &c.
By the Same Message a vote to restrain y* the firing
Guns in y*' day time during the Present Indian Warr.
Adjorned Till tomorrow 10 o'clock a. m.
[p. 292.] Pro.'H. Harap^«
At a Gen' Assembly at Portsni° by
adjornment May 22" 1723.
Present In Council.
His Honour John Wentworth Esq Leiu' Gov''
Mark Hunking ^ Rich'' "Wibird ^
Geo : Jaffry V Esqs Tlio' Packer > Esqs.
Shad=» Walton ) John Frost )
A Message to the board by Cap' Downing and Cap' Fel-
lows with y'' Councils vote for a Committe of both houses
90 PROVINCE OF NEW-HAMPSHIRE. [1723.
to auditt y° publick accounts Sent down yesterday non con-
cuiTed and a vote of the house for laying all accounts be-
fore them for approbation and allowance as on file.
Adjorned till 3 o'clock P. M.
Pro. N. Hamp^°
Met according to adjornment.
Present as Before.
A Message to tlie board by Messrs Odiorne and Sanborn
with a vote as follows.
In the House of Rej^resentatives May 22'' 1723.
Voted, That Jotham Odiorne Andrew Wiggin Esqs Mr
Theo'' Atkinson and Mr Eph-' Dennet be of the Committe
from tliis house to join with a Committe of the upper house
to examine the claims and demands and audit the accounts
of all persons to be laid before the Gen' assembly at this
Sessions for allowance, and that they make their report as
soon as couveniency will permit.
James Jeffry Cler. assem^'.
In Conn' Eod'" die.
Read and Concurred and Voted That Mark Hunking
Rich'' Wil)ird and John Frost Esqr be of tlie Committe
from the board for y® Service above.
Richard Waldron Cler Con
[p. 293.] A Message to the board liy Cap* Downing and
Cap' Tibbits with an answer to His Hou'''^ Speech as follows.
3Iay it Phase your Honour.
In your Honours Speech to this house of the tweulieth Instant
you are pleased to manifest your satisfaction of meeting this house
at tills time. We heartyly rejoice to See your Honour in the Chair
of the Government of this His Majestys P)-ovince and shall be as
cx])editious in any affair that may lay before us as possible.
The Kaising- oue thousand pounds mentioned by your Honour
ou the Inhabitants within the Province for defraying the charges
thereof is what we think very Reasonable and Shall take due
care therefor.
1723.] JOURNAL OP GENERAL ASSEMBLY. 91
As to the Fort W" & Mary Ave think a Committe to view what
is necessary in order to Its repair might be proper and Shall
readyly come into anything thonght Reasonable on that head.
We are Sensible of and very tlianklul To your Honour for your
Great care in defending our frontiers by scouts and are of opinion
that y« scout und"" the Command of Cap' John Gillman as well as
those other smaller ones has been very serviceable and Shall cheer-
fully defray any reasonable charge that has arose thereon.
We rejoice to hear of His Excellencys safe arrival in Great
Brittain and shall not fail paying all due regard to his Person and
Commission when he returns our Governour.
As to the other afiairs Such as defraying the Province Debts
already contracted together with a Suitable Provision for tlie
Hou^'^ Support of the Goverum' is what will not be forgotten
by us,
Peter Wear Speak^
[p. 294.] A Message to the board by Messrs Fellows
Downing & Tibbits w"' a vote of the house for a Triennial
Election of Assemblymen and for a Committe to prepare
the bill etc as on file.
Adjorned till tomorrow 10 o'clock a : M.
Pro. N. Hamp'"''.
At a General assembly held by adjorn-
nient May 23, 1723.
Present In Coun'
His Honour John Wentworth Esq L' Gov""
Geo JaffVey ) Tho^ Packer ^
^^•^m\V-^"^5 r'"^'- John Frost \^''^'-
lliclr W ibird ) '
A Message to the board by Cap* Tibbits and Mr. Sanborn
with the following vote.
In The House of Represen'^ May 28'^ 1723.
Voted, That the whole house (excepting the Committe
of audit) be a Committe to Joyn a Committe of the
upper house to view the Fort William and ]\rary at New
Castle this afternoon and make report thereof to the Gen^
assembly. James Jeffry Cler. assem'-".
92 PROVINCE OP NEW-HAMPSHIRE. [1723.
In Council Eod'''' die.
Read and Concurred and Geo : Jaffry Shad'* Walton and
Thomas Packer Esq. appointed to Jojn the Gentlemen
above for the service above.
Rich'' Waldron Cler. Con.
By the Same Message a vote of tlie house To authorize
tlie Military Commission officers of y'' Province to make a
By-Law for restraining y*^ unnecessary firing Guns during
the Present Ind" warr as on file.
Joseph Chesley Preferred a Petition to the board directed
to tlie Gen' assembly Praying for an allowance out of the
Treasury being wounded in the head by Jn° Davis for rea-
sons therein expressed w*^'' being read at the board [p. 295.]
it was sent down to the house of Representatives by the
Clerk.
Adjourned Till tomorrow 10 o'clock a. m.
Pro. N. Hampshire
At a Gen' assem by adjournmt May 24"" 1723.
Present In Council,
His Hon"" John Wentworth, Esq Lieu' Gov''
Mark Hanking ) Rich'' Wibird )
Geo : Jaffry V Esqs. TIk/ Packer J Esqs.
Sbad Walton ) Jn'' Frost )
A ilessage to tlie board by Maj"" Gillman w'*" Joseph
Chesleys Petition sent down yesterday voted by the house
to l)e dismissed which was again sent down by Geo : Jaffry
Esq to be reconsidered.
Mess"" John Kniglit John Downing Jun'' and Jno Fabyan
Preferred a Petition in behalf of Newington Praying for a
line and an enlargement &c wdiich was read and sent down
to the house by George Jaffry Esq.
Adjorned till 3 o'clock p. m.
1723.] JOURNAL OF GENERAL ASSEMBLY. 93
Fro. N. Ilamp.
Met according to atljonrnment.
Present as Before.
A Message to the board by Mess''^ Fellows and Sanborn
with the Fetition of Newington sent down in the morning
^ytii ye following vote.
In the House of Represen'^ May 24"' 1723.
The said Fetition being Read, Voted that the Town of
Portsm" and Farish of Greenland be served w"' Copys of
the Fetition by the Petitioners and notifyed to answer at
the next sitting of the assem^' and shew cause if any why
the prayer of the Fetition may not he granted.
James Jefifry Cler assem.
In Conn' Eod"' Die.
Read and Concurred.
Rich'^ Waldron Cler Con.
[p. 296.] A Message to the House by the Clerk with a
vote of Council to Impower the Selectmen in each Town to
agree w"' a bellman to walk through their Respective towns
in the night season and to pay him for it by a Tax on the
Inhabitants.
By the same Message anotlier vote of Council for repeal-
ing the act Entituled an act to Encourage y° Frosecution of
the Indian Enemy and Rebels, and for preparing a bill
forthwith by the same title with greater Encouragements &c.
Adjorned til tomorrow 10 o'clock a. m.
Fro : N. Hamp'^
At a Gen^ assembly by adjornment
May 25"' 1723.
Present In Coun'
His Hon"" John Wentworth Esq Lieu* Governour
Mark Hunking ) Rich'^ Wibird )
Geo : Jaffry [ Esqs Tho* Packer [ Esqs
Shad^ Walton ) John Frost )
A Message to the board by Maj'' Gillman & Cap* Gill-
94 PROVINCE OF NEW-HAMPSHIRE. [1723.
man w"' tlie Petition of Josepli Chesley as on file and vote
of allowance thereon as follovv's
In the House of Representatives, May 25, 1723.
On a rehearing of Joseph Chesleys Petition
Voted, That the Petitoner be allowed fifteen pounds and
})aid him out of the Publick Treasury.
James Jeffry Cler assem'^'.
In Council Eod™ die.
Read nnd Concurred.
Richard Waldron Cler. Con.
By the same Message the vote of Council for Repealing
the Act Entituled an Act to Encourage the Prosecution of
the Indian Enemy and Rebels &g which was Sent down
yesterday, concurred w"^ by the house as on fde, "Where-
upon the Clerk was ordered forthw"' to prejiare a bill ac-
cordingly.
A Message to the board by Maj"^ Gillman and Cap' Odi-
orne with the Report of the Committe [p. 297.] appointed
to view Fort William and Mary w*"" the Votes thereon as
follows.
We the Committe of both houses agree that the Treas-
ury be Su|)plyed with one hundred and fifty pounds for the
repair of Fort William and Mary to be applyed first to the
Platform and y** Remaind' to Stone work.
Peter Wear at y*' request Geo : Jaffry in behalf
of the house of y*^ Committe of Coun^
In the House of Represen' May 25"' 1723.
Voted, That the above Report be accepted and that a
Committe of both houses be chosen to agree Avitli any
person or Persons to perform the work at the cheapest rate
they can, and that notifications be Sett up in Each Town
to give notice for any person or persons to meet Said Com-
mitte at the Fort at a day by them therein appointed to
agree with them for the same.
James JefTry Cler assem-'.
1723.] JOURNAL OF GENERAL ASSEMBLY. 95
111 the House of Represeu'
Eod™ die.
Voted, That Jotham Odiorne Jolin GiUmaii and John
Plaisted Esq be of the Committee of this house to joyn
with a Committee of the upper house to agree witli Person
or Persons to do the work at tlie Fort according to the
above vote and That His Honour the Leiu* Gov'' be desired
To Inspect the well-doing thereof.
James Jeffry Cler assem.
In Conn' Eod'" die.
Read and Concurred and Shad"" Walton, Tlio" Packer
and Jii" Frost Esq appointed to joyn y^ Gentlemen above
for the service above.
Rich*^ Waldron Cler Con
Adjorned till \Yednesday next y^ 29"^ Instant.
[p. 298.] Pro N. Hamp^'^
At a Gen^ Assem' by xVdjornment at
Portsm" May 29'" 1723.
Present In Coun'
His Honour John Wentworth Esq Lieu' Gov'
Mark Hunking, \
Rich'^ Wibird [ Esqs
Tho« Packer )
Adjorned til 3 o'clock P. m.
Pro : N. Hampshire.
Met according To Adjornment.
Present as Before also
Geo : Jaifry ^
Shad--^ Walton [ Esqs
Jn° Frost )
The Clerk of the Council laid before y" board a ])ill
which lie was ordered to jjrcpare y^ 25'" Instant Eiiti(uled
an Act to Encourage the ProseciUion of the Indian Enemy £f
96 PROVINCE OF NEW-IIAJIPSHIRE. [1723.
Rebels and to Eejjeal an Act of the Same Title made and
past ye first day of September, 1722, which was read and
Sent down to tlie house of Representatives by Geo. JafFrej
& Rich" Wibird Escf .
A Message to the House by the Clerk with a Vote of
Council to Impower and require of Selectmen in their re-
spective towns to pay for such oxen and implements as
shall 1)6 Impressed by the Surveyors for repairing high-
ways &c.
A Message to the lioard by Mess''** Davis, Atkinson and
Fellows to Conferr upon some clauses of the bill Entituled
an Act to Encourage the Prosecution of the Ind" &c in
order to have some amendments &c.
By the same Message an Inquiery from the House wheth-
er the Council had passed upon the vote of the Represen-
tatives sent up y® 22'^ Instant for a Triennial Election of
assemblymen. To which His Hon'' Replyed he had dis-
coursed Several Members of the house on that head and
Thought they had acquainted the house w"* his mind in
that matter.
Adjorned til tomorrow 10 a. m.
[p. 299.] Pro. N. Hamp'^°
At a Gen' Assem' by Adjornm*
May 30"^ 1723.
Present In Coun'
His Hon'" John Wentworth Esq Lt GoV
Mark Hunking ) Rich*^ Wibird )
Geo. Jaifry V Esqs Tho« Packer [ Esqs
Shad'' Walton ) John Frost )
Adjorned til 3 o'clock p. m.
Pro N. Hampshire.
Met according to adjornment.
Present as Before.
A Message to the board by Maj' Gillman and Cap* Tib-
1723.] JOURNAL OF GENERAL ASSEMBLY. 97
bits with Sundrj accounts and claims upon the Province as
on file and The Com'itte of audits report tliercon as follows.
We the Subscribers being appointed a Committe to audit
the accounts &q of the said Province Do make return as
follows (viz*)
No 1. an Ace* by Col° Davis for Euning the Provhice
line dismissed being paid by M'' Treasurer Penhallow
as pr liis account 1722.
No 2. an Act Signed Jolni Robinson for work &c on
Fort W" and Mary am° to 97£ 3s 20£ being paid
pr M"" Penhallow as pr his account and 15s being
overcharged in his ace' of labour, allowed, £76. 8.
N° 3 John Roberts his ace' for Goudela hire &c am" to
7£ 16s, 9s overcharged, allowed, 7. 7.
N" 4 Susanna Smals ace* for expsnces &c. allowed 5. 1. D
N° 5 Benj* Acremans ace* for atten" & express to Bos-
ton: y« BalF allowed. 10.
N° 6 Jethro Person ace' for work done at Fort W'" and
Mary am'' 7£ for 28 days labour allowed 6. 6.
N° 7 Rob* Coates ace' for Sundry disbursm'^ on Fort
W™ and Mary and y^ Men that worked am'' to 17£ Ms
allowed 17. 2.
[p. 300.] N" 8 A Muster Role Signed James Nock for
Scouting am" to 4:7£ 12s allowed 47. 12.
N' 9 Ditto Signed Joseph Beard am" to 14£ 8s Exam-
ined and find it right cast but not sworn to when
done allowed 14. 8.
N° 10 Ditto John Gillman am" 54£ 13 days am° to
£59 15s Id allowed 59. 15. 1
N° 11 an Ace* Signed Rich'* Perry for Iron Work &c
at Fort W" and Mary allowed 15. 16. )
N° 12 An ace* Signed Edward Toogood for himself and
others allowed as follows (viz) Himself and Servant
John Clark
John Grunday
Thomas Wilkinson
N" 13 an account Signed Thom^ Packer for house rent
fireing and Candles 15£ and 2£ for visiting two ves-
sels and also another ace' for Medicines &c am° to
5'^ — . 6d AV^e allow as follows (viz)
For house rent fireing &c as pr Establishm* U.
7
19.
5.
.'i
4.
0.
5.
5.
5.
3.
(i
98 PROVINCE OF NKAY-HAMPSHIRE. [1723.
For Visiting- two vessels 2 dtiys 1.
and for the ace' of ;>£. — . 6d we refer it to the assembly
N" 14 A Muster IJole for a Scout und'' y* Command of
Lieu' Jn° Lad Sign'd byMaj"" Gillman alloAved 21. 10.
X" 14 an ace' Signed Ricli'^ Waldron for Service as
Cler: Con: &c referred to y'' assem'.
X" 15 Muster Kole Signed Joseph Beard dismist being
voluntiers that went out on y" bounty act
N" 16 an act Signed Benj'' Gambling for Service as
SherrifF am° to 18£ 3s. allowed 12. 14.
X" 17 an ace' Signed Clem' Hughes Collect' of Excise
adjusted & due to y'^ Prov: £18. 16. 6
N" 18 An ace' Signed James Langley for getting Stones
for the fort &c am« To 4. 10.
X" 19 an account Signed Geo Pierce for Iron Work for
the fort &c am" 12£ 13s allowed 12. 8.
X'^ 20 an ace' Signed Geo Yaughan f<n- his Sallary at
the Fort am° to 118£ 10s dismissed, [p. 301.] He
having rendered no account of the money and Pow-
der Eec*^ on account of the Province when he was
Commander of the Fort.
X" 21 an ace' Signed James Jeffrey for drawing a map
of the Province &c am° £3. 10 allowed 2.
X" 22. A Muster Kole Signed Jon* Chesley am° To
£15. 9. 3. Dismissed for y* reasons given ag^' Beards
Muster liole.
We the Subscribers being appointed a Committe to audit the
claims and accounts of the Province do make our Report as above
liaving Examined the Several Particulars in the vSeveral accounts
brought in to us. May 25, 1723.
Jothain Odiorne Mark Hunking
And"' AMggin Rich'' Wibird
Eph: Deiinet John Frost
Tlieo : Atkinson
In the House of Represent May 30"' 1723.
Yotecl, That the Return of the Committe of audit be
accepted as carryed of ag^' the Persons names and that M'
Clci'k Waldron be allowed the Sum of seventy pounds in
full of ITis account and that James Jeffry have thirty shill-
ings allowed him more than is carryed of, and that Col.
Packer's account of the box and medicines and Instruments
1723.] JOURNAL OF GENERAL ASSEMBLY. 99
lye unci'' consideration til next sessions and that the liox be
ordered to be retnrned, and what is wanting to be made
good, and that Col. Davis's lye according to the vote upon it.
James Jeffry Cler assem.
In Conn' Eod"^ die
Read and Concnrrcd Ricli'^ Waldron Cler Con.
[p. 302.] By the Message which brought up the Committe
of Audits report the ace* of M'' Fellows as on file, w**^ a vote
thereon as follows.
In the House of Represen* May 30*'» 1723.
Voted, That Cap' William Fellows be allowed and paid
out of the Publick Treasury the Sum of four pounds nine
shillings and one penny In full of His account.
James Jeifry Cler assem.
In Coun' Eod" die
Read and Concurred.
Rich^^ Waldron Cler Con.
A Message to the house by the Clerk To Inquire whether
they had passed upon the votes of Council Namely Respect-
ing a l)ellraan sent down y*^ 24'^' Instant : and for Select-
mens paying for oxen to repair highways sent dovfu yes-
terday.
Adjorned til tomorrow 10 o'clock a.m.
Pro. N. Hamp'"''
At a Gen' Assembly by adjornment
May 31^' 1723.
Present In Council
His Honour John Wentworth Esq L* Gov''
Mark Hunking \ Rich'' Wibird ) -^^
Geo : Jaffry > Esqs. Tliom^ Packer ) ' ^ '
Shad'-^ Walton )
A Message to the board by Cap* Downing & Cap' Gill
man w"' the votes of Council ab' the bellman, and paying
for Impressed oxen to repair highways both non concurred.
By the same Message the following vote.
100 PROVINCE OF NEW-HAMPSHIRE. [1723.
In the House of Represent May 30''' 1723.
Voted, That the house of M-- Theod--^ Atkinson at New
Castle where John Wilson now liveth be a licensed house
the Person living therein giving security for good orders as
usual and paying Excise.
James Jeffry, Cler assem.
[p. 303.] In Council eod'" die.
Read and Concurred.
Richard Waldron Cler Con.
A Message to the board by Mess''"' Atkinson and Dennet
with the following vote.
In the House of Represen' May SV^ 1723.
Voted, That there Ije a Tax of one thous'' pounds laid
on the Inhabitants of this Province and that it be brought
into the Treasury hy the middle of January next in mony
and that it Shall be applyed for discharging the Support of
the Government as the General assembly Shall ord"".
James Jeffry Cler assem.
In Council Eod™ die.
Read and Concurred.
Richard Waldron Cler. Con.
Adjorned til 3 o'clock p. m.
Pro. N. Hamp'«
Met according to adjornment.
Present In Council As Before.
A Message to the House from the Honourable the Lieu*
Governour by Mark Hunking Geo. Jaffry and Shad^ Walton
Escf to communicate to them some part of a letter which
he had received from M' agent Newman relating to y'^ pub-
lick affairs of this Province, and to Recommend his good
.services to them, and to desire their Consideration thereof,
and honourable allowance to him for the same.
A Message to the board by Mess'* Odiorne and Sanborn
5V-"* t:he following vote.
1723.] JOURNAL OF GENERAL ASSEMBLY, 101
In the House of Represen'.
Voted, Tliat John Gilhnan And"' Wigghis Samuel Eas-
man Escf M^ Theo. Atkinson, M^' [p. 304.] Jn" Sanborn,
Cap' Samuel Tibbits, Cap* Jn"^ Downing M^" Eplr"^ Dennet be
a Committe of this house to joyn with a Committe of the
upper house to draw a scheme for the Proportions of the
Several towns in this Province for the Province Taxes.
James Jeffry Cler assem.
In Conn' May 3P' 1723.
Voted, The Gentlemen above mentioned be tlie Com-
mitte in behalf of the board as well as for the house and
that they prepare and lay the Said Scheme before the Gen'
assembly at the next Sessions.
Rich" Waldron Cler. Con.
A Message to the board by Mess""^ Tibbets and Gillman
w'^ the following vote.
In the House of Represent May 31*' 1723.
Voted, That Jotham Odiorne, Andrew Wiggin Esq* M"^
Theo : Atkinson and M"" Eph^ Dennet be of the Committe
of this House to Joyn w"' a Committe of the upper house
to draw the act for Receiving one thousand pounds on the
Inhabitants of this Province this year according to the vote
of this day. James JeiTvy, Cler. Assem.
In Council Eod'" die.
Read and Concurred, and Mark Hunking Shad** Walton,
Rich'' Wibird and Tho^ Packer Esq appointed to Joyn the
Gentlem" above for the service above.
Rich" Waldron, Cler. Con.
A Message to the board by Col Davis w"' the bill Enti-
tuled an Act to Encourage the Prosecution of the Ind" En-
emy and Rebels &c which had been passed upon in tlic
house and voted to bo Enacted and the Same having had
its several readings at the board was past and ordered to
be engrossed.
Adjorned till to-morrow 9 a clock a. m.
102 PROVINCE OF NEW-HAMPSHIRE. [1723.
[p. 305.] Pro. N. Ilamp^''.
At a Gen' Assem^ at Portsm" by
adjonuuent June P* 1T23.
Present In Council
His Hon' John Wentworth Esq Leiut Gov""
Mark Hunking ) Rich*' Wibird )
Geo : Jaffiy [ Esq Tho'^ Packer [ Esq
Shad'^ Walton ) John Frost )
John Underwood Preferred a Petition to the board pray-
ing that his house at N. Castle might be licensed a Publick
house for reasons there in Expressed which was read and
sent down pr the Clerk.
Col Waldron Preferred a Petition to the board Signed
by himself, Benj'* Wentworth and Nicholas Harford Select-
men of Dover Praying that a Committe may be appointed
to Survey Lamprey river in order to find out a Convenient
place to build a new bridge across said river for Reasons
therein Expressed. The Council Voted to Grant y*" Prayer
and sent down the Petition and Vote by John Frost Esq.
A Message to the board by Cap' Tibbits and M'' Sanborn
w''' M"^ Underwoods petition as on file and votes thereon as
follow.
In the House of Represent June 1*" 1723.
Voted, That the prayer of the Petition be granted the
Person living in said house yearly according to the usual
custome producing his certificate for good orders to the
Sessions and paying his Excise.
James Jetfry, Cler asscm.
In Council Eod'" die.
Read and Concurred during the Petitioners life upon
Condition he }»ay his excise and keep due orders according
to law and not otherwise.
Richard Waldron Cler Con.
By the same Message the ace' of Maj"" Gillman as on file
the ball"' due to him as allowed [p. 306.] by the Committe
of audit being £5 16s w"' the vote thereon as follows
1723.] JOURNAL OF GENERAL ASSEMBLY. 103
In the House of Represent May 31"' 1723.
Voted, the above ace' be accepted and allowed.
James Jeffiy Cler assem.
In Conn' June 1^' 1723.
Read and Concurred.
Rich^^ Waldron Cler Con.
A Message to the board by M'' Dennet w"^ the Petition of
the Selectmen of Dover Sent down pr M"^ Frost as on file
w"' the votes thereon as follow.
In Council June 1"' 1723.
Voted, Tliat Six Indifferent Persons be chosen a Com-
mitte to Survey Lamprey River and Report to His Honour
the Lieu' Gov'' and Council as soon as conveniency will per-
mit y° most commodious place for l)uilding a bridge across
Said River, and That Col Walton M'' Edw-^ Ayres & M^
Benj'^ Thomas be three of the Committe to Joyn w'^ the
Gentlemen whom the house shall appoint.
Rich" Waldron Cler Con.
In the House of Represen' Eod™ die.
Voted, a Concurrence w'^ the above vote (with this Pro-
viso) that the Petitioners pay the Charges of the Committe
and That Col° Peter Wear CoP John Plaisted Esq and M^
W^ Moor be three of the Committe for the End aforesaid.
James Jcffry Cler assem.
A Message to the board by Mess" Atkinson and Tibbits
w*^ the following votes.
In the House of Represent June 1*' 1723.
A^oted, Tliat the Postmaster General Ije allowed and paid
out of the Treasury the Sum [p. 307.] of three pounds For
Expediting the Public letters for His Majesty's Service free.
James Jeffry, Cler assem.
In Coun' Eod"" die.
Read and Concurred.
Rich'' Waldron Cler. Con.
104 PROVINCE OF NEW-HAMPSHIRE. [1723.
Endorsed on Axwel Roberts ace* am° to 3X 17. 4 as fol-
lows y^ s^ ace' is on file.
In the House of Represent June 1'' 1723.
Toted, That Axwel Roberts be allowed and paid out of
the Publick Treasury the Sum of two pounds, sixteen Shill-
ings in full of His ace* Provided That M" Roberts make
oath that She never Received anything, from the Mass^' or
the Ind" or JVr Bane towards the Payment of the Sum
therein mentioned.
James Jeffry, Cler. Assem.
In Council Eod™ die.
Read and Concurred.
Rich'i Waldron Cler Con.
In The House of Represent.
June 1^' 1723.
Allowed Doct"^ [John] Crosby for administering to tlie
men und"^ Cap* Gillman's Command as pr his ace* on file
£1. 12. 11
James Jeffry Cler. assem.
In Coun' Eod"" die.
Read and Concurred.
Rich" Waldron, Cler. Con.
In the House of Represen* June 1'* 1723.
Toted, That His Honour The Lieu' Gov"^ having the
whole burthen of this Government as Command'' in Chief
devolved upon him, be presented w"' the Sum of one hun-
dred pounds for His Extraordinary Service done the Gov-
ernment, and To be paid out of the publick Treasury.
James Jeffry, Cler. assem.
In Coun' Eod"' die.
Read and Concurred.
Rich'' Waldron, Cler. Con.
[p. 303.] A ^lessage to the board by Mr Dennet with
the following vote.
1723.] JOURNAL OF GENERAL ASSEMBLY. 105
In the House of Represent June 1" 1723.
Voted, That there be signed of the two Thousand
pounds now ready Imprest nine hundred pounds and put
into the Public Treasury for the payment of the Sundry
Debts now allowed and due from the Province and other
Contingencys that may ha})pen Ijetwixt this and the fall
Sessions and that His Honour The Lieut Gov'' be desired
to Issue out warrants for the payment of the respective
Sums now allowed to be due.
James Jeffry Cler assem.
In Coun^ Eod™ die.
Read and Concurred.
Rich^i Waldron Cler Con.
A Message to the board by Cap* Tibbits w'^ a vote of the
house for the lead''^ of y*^ Scouts now going out to have Sar-
gents pay, the said vote was sent down by M' Jaiiry and
Col° Walton, who were directed to Reccommend Leiuten-
ants Pay instead of Sargents. y'' house returned the vote
to the board w"" an addition (viz.) That they had Recon-
sidered it and adhered to it, as on file.
A Message to the board by M"^ Redman w*'' a bill Entit-
uled An Act To Levy a Tax of one thousand pounds on y*
Poles and Estates within this Province, which had been
read and Past to be Enacted in the house. The Same had
Its readings at the board and was ordered to be Ingross'd
Immediately.
A Message To the House by the Clerk to require their
attend'' at tlie board the Speaker and house came accord-
ingly and Then the two bills being again read in presence
of y'' Gen^ assem^ were Signed and Sealed namely,
1. an act To Encourage y^ Prosecution of the Ind"
Enemy & rebels and to Repeal an act of the same title
made & past y* 1«' day of 1"' 1722.
2. an act To Levy a Tax of one thousand j)0unds on The
Poles & Estates w^'^in this Province.
After which His Hon' was pleased to Prorogue the Gen^
106 PROVINCE OF NEW-HAMPSHIRE. [1723.
assem^ and accordingly in His Majestj'-'s name they were
Progued til Tuesday y^ 10"' day of T'"" next, further
Progued til y® 19"^ November next.
[p. 309.] Pro : of N. Hamp^°.
At a General assembly held at Portsmouth
by prorogation November 19"^ 1723.
Present In Council,
His Honour John Wentworth Esq L' Gov^
Sam' Penhallow ) Shad=^ Walton )
Mark Hunking [ Esq Ptich'' Wibird [ Esq
Geo : Jaffry ) Arch'^ M^pheadris )
John Frost Esq.
Adjorned til 3 o'clock p. m.
Pro: N. Hamp''*'.
Met according to adjornment
Present as Before.
A Message to the house by Mess''^ Jaffry & Wibird and y®
Clerk to'adjorn them Till tomorrow 10 oclock a. m.
Pro : N. Hamp'"
At a General assembly held at Portsmouth
by adjornment November 20'^ 1723.
Present In Council
His Honour John Wentworth Esq L' Gov"^
Sam' Penhallow "i Shad'* Walton j
Mark Hunking V Esqs Rich'' Wil)ird > Esqs
Geo. Jaffry ) Arch'' M'^pheadris )
A message to the board by Cap' Gillman to acquaint His
Honour that The house had chosen a Speaker pro tempore
(M'^' Speaker Wear not being come to Town) & that they
were ready to enter upon the business of the Sessions.
A jMessagc to the house by the Clerk to require their
attendance at the buard the Speaker and house came up
1723.] JOURNAL OF GENERAL ASSEMBLY. 107
accordingly to whom his Honour made a Speech, a Copy of
which was (aty'' desire of y'^ Spoak"") delivered unto him
<fe is as follows.
Gentlemen,
I have deferr'd y^ Setting of y* fall Sessions for some time that
so I might hiy before you the Master Holes with y* whole Expence
of y^ Summer past.
[p. 310.] The Charge in defending our frontiers has been con-
siderable and altho we have not had the wished for Success agaiust
our Eneniys yet we have in some measure answered our expecta-
tions in that the enemy has not made those breaches upon us
which we might have x'easonably expected had we been careless
and secure.
I Promise myself that you will make the necessary provision
for Enabling M"" Treasurer to pay of the ju^^t demands due from
the Province an account of which I have order'd to be laid before
you.
"NYe are wel assured that our bills of Credit are Counterfeited,
and that our neighbouring Governments have deteckd some of
the offenders. I think it is a matter well worthy of our consid-
eration and wherein our Laws are deticient let us strengthen them
or Pass new laws for the Prevention of So great an Evil.
I have received Several letters from His Excellency Gov"" Shute
since our last sitting assuring me that he will do his Utmost en-
deavors and everything in his power to Serve this Province and
particularly in getting the lines Settled and His Majesty's bounty ■
to Fort "William and Mary.
M'' Agent Newman writes me much to the same purjjort with
this addition that he had just then made an Interest w* M'' De Le
Fay Secretary to the Lords Justices for obtaining the more speedy
answer to his Memorial, the letter bears date aug"*' 23'^ last past
also that he had wrote to M'^ Speaker Wear by same conveyance
which Judge ^M"" Speaker will communicate to your house.
We have not done what was designed as to the stone work of
the Fort occasioned by \^ war but the timber work is all tini.-h'd
and in good order designing early in the Spring to proceed on the
stone work.
I Promise myself that you will stil take care for y^ Hon'''"' sup-
port of this His Majesty's Government where you Shall find me
both ready and willing to serve my King and Country to the
Utmost of m\- Power.
J Wextwokth
108 PROVINCE OF NEW-HAMPSHIRE. [1723.
His Honour The Lieu* Gov'' read to y'' Speak' and house
a Paragra})h of a letter (which he told them he had re-
ceived from Gov'' Shute) acquainting him that M' Penhal-
low had been at some [p. 311.] Expence in England for
the Province service and ought to be Considered for it.
In Council
Ordered, That Cap' Joshua Weeks be paid fourteen Shill-
ings and five pence out of the treasury for Provisions pro-
cured by him for y® souldiery by y*' Lu't Gov- order for His
Maj'-''^ service last year.
Rich^ Waldron Cler. Con.
Adjourned till 3 o'clock, p. m.
Pro. N. Hamp""®. Met according to adjornm'
Present as Before.
A Message to the I)oard by Mess""' Odiorne and Gillman
Praying his Honour to direct the Muster Roles forthw"' to
be laid before the house and likewise desiring the treas-
urers accounts to be laid before them.
Mess" Downing, Knight and Fal)yan Pray'd liberty to
withdraw tlieir Petition Preferred ye 24^'^ of May last in
behalf of ye Dcstrict of Newington accordingly Ordered
That y" S'd Petition be dismissed & y* the partys may
depart. Rich^ Waldron Cler Con.
Adjorned till tomorrow, 10 o'clock a. m.
Pro. N. ^amp^
At a General assembly held at Portsmouth
by adjornm* Nov"^ 2P' 1723.
Present In Council
His Hon'' John Wentworth Esq Lieu' Gov""
Samuel Penhallow ^ Shad^ Walton j
Mark Hunking V Esq Rich'' Wibird J Esq*
Geo:Jaffry ) Arcli*^ Mcpheadris )
John Frost Esq.
1723.] JOURNAL OP GENERAL ASSEMBLY. 109
Rich'^ Wibird Esq Presented a receipt to the board und^
the hand of M' Treasurer Jaffry which was ordered to be
entered and is as follows.
Pursuant to an order of Gen' Assembly June 1'' 1723
Received of the Committe for Signing bills of Credit y"
sum of eight hundred and ninety nine pounds eight shill-
ings June 25'^ 1723
£899. 8 pr Geo : Jaffry Treasurer
[p. 312.] A Message To y^ board by Cap* Tibbits w'" }<=
following vote.
In the house of Representatives.
NoV^ 21«' 1723.
Voted, That James Davis andrew "Wiggin Escf & Cap*
W°^ Fellows be of the Committe of this house to joyn w^'^ a
Committe of the upper house to audit the accounts of the
Cluster Roles and other accounts brought in this Sessions.
James Jeffry Cler: assem
In Coun' Eodem die.
Read and Concurred and Rich*^ Wibird arch'' M^pheadris
and Jn° Frost Esq""^ appointed to Joyn w"" y" Gentlemen
above for the service above.
Rich*^ Waldron, Cler. Con.
A Message to the house by Sam' Penhallow and Shad*
Walton Esq* with a vote for roviveing y° Excise act &g and
to recommend to the house The Consideration of Lamprey
river bridge
Adjorned Till 3 a clock p. m.
Pro. N. Hamp^^
Met according to adjornm*
Present as before.
A Message to the house by the Clerk w"' the Petition of
Thomas Leavit and others which was ordered to be heard
this day, the same being read in the house was return'd to
the board by CoP Davis and M' Fellows who acquainted His
110 PROVINCE OF NEW-HAMPSHIRE. [1723.
Ilonour tliey wore ready to attend the liearing. Then the
liouse were directed by y° Clerk to give their attendance at
y° board and y*" Speaker and house Came up accordingly
and all Partys being Present The agents for Kingston
moved to have y'' hearing Suspended til tomorrow, and ac-
cordingly It is suspended til tomorrow 3 oclock afternoon.
His Ilonour Ordered to be read to y'' Speak'' and house a
Copy of ^r Agent Newman's Memorial for Stores for Fort
William and Mary and Part of a letter which he had re-
ceived from the f-aid M'' Newman respecting the same.
Then the speak"" & house withdrew.
A Message to y'' house by Shad-'* Walton & Jn° Frost Esq^
To recommend to them y° Passing an act in addition to y^
act ab* Fish.
Adjorned Till Tomorrow 10 o clock a. m.
[p. 313.] Pro. N. Hamp--^
At a General assem held at Portsm"
by adjornm* 9"^ 22'* 1723.
Present In Coun'
His Hon'' John Wentworth Esq L* Gov"^
Sam' Penhallow ) Shad^ Walton J
Mark Ilunking \ Esqs. Rich'' Wibird > Esqs.
Geo. Jatfry ) Arch^' M'^Pheadris )
John Frost Esq.
Robert Auchmaty Esq Preferred a Petition in behalf of
Rich'' Hilton Esq Praying for a Special act to enable y'^ S'^
Hilton to bring forward an action before y^ Gov"^ and Coun-
cil ag^' Mrs Mary Brown etc which was read & sent down
to the house of representatives pr the Clerk.
Adjorned til 3 o'clock p. m.
Pro. N. Hamp'«
Mett according to adjornment.
Present as Before.
1723.] JOURNAL OP GENEx^AL ASSEMBLY. Ill
A Message to the house by the Clerk to reqinre tlieir
attend"^ at the board the Speaker and house came up accord-
ingly upon y^' liearing of y® Petition of Thomas Leavit and
others and the Petitioners & respondents being Present and
fully heard the Partys withdrew and y® Speaker and house
retired to their own Chaml/ to Consider of the Premises.
Adjorned til tomorrow 10 o'clock a, m.
At a General Assembly held at Portsmouth
by adjornment Nov"" 23*^ 1723.
Present in Council
L* Gov"^ Wentworth.
Sam' Penhallow ) Shad^^ Walton \
Mark ITunking [ Esqs Rich'' Wibird J Esqs
George Jaffrey ) Arch^ M'^pheadris )
Jn'' Frost Esq
Adjorned til y® 25''' Instant 10 o'clock a. m.
Pro. N. Hamp''^
At a General Assembly held at Portsm°
by adjornment Nov'' 25 1723.
Present in Council
His Hon'' John Wentworth Esq. Lt. Gov''
Samuel Penhallow ^ Shad'' Walton ) -p
Mark Ilunking { Esq Arch*^ M'^pheadris ) ^
Geo : Jatfrey )
[p. 314.] A Message to the house by CoP Walton with a
A'ote of Conn' for dismissing y*" Petition of Thomas Leavit
and others.
A Message to the board 'oy Mess'' Odiorne and Downing
w"' a Petition of Nathan Longfellow Praying for an allow-
ance out of y^ Treasury for his being Imprison'd and
oblidgcd to attend Several Courts in y'' County of Essex for
distraining a rate from And"' Greelo a l)orderer on the Di-
visional line of the two Provinces A'c w"' a vote thereon the
Petition is on file and y"" vote as follows.
112 PROVINCE OP NEW-HAMPSHIRE. [1723.
Ill The House of Represen' Nov^ 23 1723.
Voted, That the Said Longfellow the Petitioner be al-
lowed and paid out of the Treasury the sum of Seven
pounds in full of all he can demand for anything or dam-
age he Sustained as in the Petition.
James Jeffry Cler. Assem.
In Council Nov Ib^ 1723.
Read and Concurred.
Rich** Waldron, Cler. Con.
By the same Message Came up the following vote.
In Council Nov^ 25'^ 1723
Voted (nemine Contradicente) That the Pet'ion of Thom-
as Leavit and others heard before y® Gen' assem' y*^ 22'' In-
stant be dismist and that the Petitioners pay Costs.
Rich'* Waldron Cler. Con.
Eod™ die. Read in the liouse of Representatives & Con-
curr'd w*'' this amendment (Viz) that each party pay his
own Costs.
James Jeffrey, Cler. Assem.
In Council Eod"^ die
Read and Concurred w*"^ the amendment
Rich'* Waldron, Cler. Con.
By the same Message a Vote of y" house for Preparing
a bill for a Triennial Election of assembly men.
Adjorn'd til tomorrow 10 o'clock a. m.
[p. 315.] Pro.N. Hamp^«
At a General assembly held at Portsmouth
by adjornm* Nov-^ 26"^ 1723.
Present In Council
His Honour John Wentworth Esq. Lt. Gov"^
Sam' Penhallow ) Shad^ Walton )
Mark Hunking \ Esq'^" Rich" Wibird V Esq'«
Geo : Jalfrey ) Arch Mcphreadis )
John Frost Esq''"
1723,] JOURNAL OF GENERAL ASSEMBLY. 113
A Message to the board by Sam^ Easman Esq and Cap'
Gilhnau w"" a vote of the house for repealing all the laws
that were past before the year 1710 that are not Printed.
A Message to the house by George Jaffry and John Frost
Esq''® w'*" the vote of the house Sent up yesterday for pre-
paring a bill respecting a triennial election of assembly men
to be reconsidered.
By the same Message the Gov'' Instructions were sent
down w'^ an ord"" that one Paragraph of them (forbid ing y^
Gov"^ to assent to any act of an .unusual and Extraordinary
Nature) Should be read to the house (fee.
Jacob Smith Pray'd a Consideration for a Saddle prest
from him last year & never return'd upon which
A Message to the board by Maj"" Gillman with the follow-
ing vote
In The house of Represent Nov"" 26 1723.
Voted, an allowance of twenty five Shillings to be paid
out of y® Treasury.
James Jeffry Cler Assem.
In Coun' Eod°' die
Read and Concurred.
Rich'^ Waldron Cler Con.
A Message to the house by George Jaffry Esq w*^ a vote
of Council respecting the Parishes at Portsm" wliich was
Immediately return'd by Cap' Downing and Cap' Tibbits
and is as follows
Whereas in The act of Gen' assembly of y'' 27"^ of May
1720 Impowering each Parish in Portsm" to lay a Tax for
the Sup})ort of the Ministry The name of the reverend
M'' Rogers [p. 316.] wlio is now dead is mentioned without
respect to his Successor.
* In Council Novemb^ 26'^ 1723.
Voted, That in addition to S"'' act the Successive Minis-
ters in Each Pari^ih may be inserted
Ricli-^ Waldron Cler : Con
114 PROVINCE OF NEW-HAMPSHIRE. [1723.
In the House of Represen* Eod°^ die
Read and Concurred
James Jeffrj Clcr. Assem
By The same Message came np a vote for a Triennial as-
sembly which was Concurred tfcthen a Cummitte appointed
to prepare the bill & Sent down by y*" Clerk.
A Message to tlie house by Col° Walton with a vote of
Council Prohibiting hoggs going at large in some part of
y® Town of Portsmouth and New Castle,
A Message to the house to reccommend to them by Sam'
Penhailow and Rich*^ Wibird Escf*" the affair of Lamprey
river bridge &c
A Message to the board by Mess" Dennet and Tibbits w*'^
the following Votes.
In the House of Represen* Nov"" 2G"' 1723.
Yotcd, That no assembly or lower house of Representa-
tives of this Province shall have any longer Continuance
than three years from the time of their being first call'd
and qualifyed, and that there Shall be ten days (at lest) be-
tween the date of the writs for Electing them & the time
of their being Chosen (unless upon Extraordinary emer-
gencys) and that an act be drawn up accordingly. The
Execution thereof being deferred and Suspended until His
Maj'-^'^ Pleasure be known.
James Jaffry Cler Assem
In Coun^ Eod"^ die
Read and Concurred & Voted That Sam' Penhailow &
Jno Frost Esq* be of y® Committe from y'' board for draw-
ing the bill.
Rich" Waldron Cler Con
In the House of Represen* eod™ die
Voted — Tbat Jotham Odiorne Esq and M^ Theo""* Atkin-
son be of y'^ Committe of this house to joyn w**^ y*^ Com-
mitte above for y*^ end aforesaid.
James Jeffry Cler Assem
1723.] JOURNAL OF GENERAL ASSEMBLY. 115
[p. 317.] A Message to The house bj Messrs M'^Phreadis
& Frost w*^ y® Vote of y° house for repealing y*^ laws made
before 1719, w*^** are not yet Printed vc"^^ vote was sent up
this day.
by y" Same Message a Vote of Council was sent down
for a Committe to Supervise y® laws in y® Secretarj's office
not printed in y® recess of y^ Court.
Adjorned til 3 o'clock p. m.
Pro : N. Hamp'*^
Met according to adjornm*.
Present as Before.
A Message to the board by Cap* Tibbits w"' y'' Yote of
Council for a Committe to Supervise y*^ laws in y*' recess of
y® Court Non-ConcuiTcd and the Vote of y'' house for re-
pealing y*^ laws Past before 1719 and not printed adhered
To.
Adjorn'd til tomorrow 10 oclock A. M.
Pro : N. Hamp''"^
At a General assembly held at Ports-
mouth by adjornment Nov'' 27'^ 1723.
Present in Council,
His Hon"" Jn« Wentworth Lieu* Gov'^
Sam' Penhallow ) Shad-'* Walton )
Mark Hunking [ Esq" Rich'' Wibird [ Esq"
Geo : Jaffrey ) ArclV' M'^Phredris )
Jn° Frost Esq.
John Frost Esq'"'' from y" Committe appointed to pre-
pare a bill for a Triennial election of assembly men re-
ported a bill accordingly entituled an act for calling and
electing an assembly once in three years, and George Jaf-
frey Esq Presented a bill entituled an act in addition to the
act entituled an act for y^ Settlement of the Parishes of the
Town of Portsmo. both which were Several times read at
IIG PROVINCE OF NEW-HAMPSHIRE. [1723.
y" board and past to be Engrost & Sent down to the house
by Mess" Wibird & M'Fhreadris for Concurrence.
A Message to the house by Sam^ Peuhallow and George
Jaffrey Esq™ to recommend to them an allowance out of y®
Treasury to M'' Agent Newman.
Adjorned til y^ 10'^ day
of Dec"" next.
[p. 318.] Pro. N. Hamp-^^
At a General assembly held at Ports-
mouth by adjornment the 10'^ day of
December 1723.
Present In Council
His Honour John Wentworth Esq L' Gov''
Sam^ Penhallow ) Sliad=^ Walton )
Mark Hunking [ Esq--^ Rich^i Wibird \ Esq-^*^
Geo: Jaffry ) Arcli'^ M^^plireadris )
John Frost Esq.
adjorned til tomorrow
10 o'clock A. M.
Pro : N. Hamp^'
At a Gcnr' assem held at Portsm" by
adjornra* Dec'' 11"' 1723
Present In Council
His Honour John Wentworth Esq Lieu* Gov""
Sam^ Penhallow ) Shad^ Walton )
Mark Hunking [ Esq™ Rich'' Wibird S Esq-"*
Geo : Jaffry ) Arch"^ M'^pheadris )
John Frost Esq""
A IMessage to the board ])y jMaj' Gillman with the follow-
ing vote.
In the house of Representatives Xov'' 11*'' 1723
Voted That Cap* W'" Fellows and M'' Theodore Atkinson
be of the Committo from this house to joyn with a Com-
1723.] JOURNAL OF GENERAL ASSEMBLY. 117
mitte of y'' upper house to tell over y^ old broken & defaced
Mony of the first Impression that may be brought in this
assembly by those who have Exchanged it that it may be
burnt according to the act
James Jeffry Cler assem
In Council Eod™ die
Read and Concurred and Arch'' ^Pphreadris and Jn°
Frost Escf appointed from y" board for y'' service above.
Rich" Waldron Cler Con
A Message to the house by Geo : Jaffrey and Shad^ Wal-
ton Esq to read two letters from M' Agent Newman to y'^
Lieu' Gov"" which his lion'' received by y*^ last Shij).
A Message to the house by Sam' Penhallow and Rich''
Wibird Esq"^ to reccommend to them ye Passing an act to
make death y® Punishment for Counterfeiting or altering
y*^ Publick bills of Credit &c
Adjorn'd til 3 oclock p. m.
[p. 319.] Pro. N. Hamp'-'^
Met according to adjornment.
Present as l^efore.
A Message to the board by Mess" Davis & Fellows w"' the
bill Entituled an Act for y*^ Calling and Electing an assembly
once in three years w'^'^ was sent down y'' 27"' of Novemb''
last. Concurred with in the house w"' this amendment
(viz) That His Maj'^'^ Prerogative may not be infringed be-
ing Struck out.
By The same Message the Report of the Committc of
audit as follows
We The Committe of botli houses appointed by Vote of
General assembly of y"^ Sl'^' Novemb' 1723, for Examining
Muster Roles &c Do allow the several Sums annexed to
Each name having Examined y*^ Same.
NM. Sergt James Nock £61: 2: 6
2. SeroMos: Beard 46: 2: 1
67:
4:
8
55:
4:
24:
15:
n
61:
12:
5
163:
18:
4
118 PEOVINCE OF NEW-HAMPSHIRE. [1723.
3. Ditto James Nock
4. Ditto John Ladd
5. D° Moses Conner
6. D° Joseph Beard
7. Cap' Benj^ Wentworth
8. ColMYear 7:
Allowed Serg' James Nock & Serg* Jos:
Beard 40s. each for carrying up pro-
visions and expences 4 :
9. Cap' Wentworth for 10 men in a Scout 26*
May for 3 days each at 33. pr day they
finding victuals 4 : 10 :
10. Serg' Jos : Beard for 10 men 3 days each ^^
finding provision at 3s. pr day 4: 10
11. The Treasur" ace' of Provisions as pr. his
account will appear 20"' 9"^ 1723 403 : 3 : 4
Total £903: 2: 6
James Davis John Frost
And^ AYiggin Eich<i Wibird
W"^ Fellows Arch"* Macpheadris
In The House of Eepresen' Nov"^ 27"^ 1723.
Voted, That the witliin return of y^ Committe be allowed as
the Sums are Carryed oflf and that Cap' Benj* Wentworth be
allowed and [p. 320.] paid out of y** Treasury the Sum of twenty
Shillings for his Service and attend* in Making up M' Jos Beards
Muster Eoles. James Jefi'ry Cler assem
In the House of Represen'
Dec-- 11"^ 1723.
Voted, That His Honour The Lieu' Governour be de-
sired to Issue out his warr'^ to the Treasurer for the pay-
ment of the several Sums allowed in this return.
James Jeffry Cler assem
In Coun' eod™ die
The Two foregoing Votes read and Concurred
Rich^ Waldron Cler : Con
A Message to the house l)y Arch"^ Macphedris and Jn°
Frost Esq"^ w"^ a vote of Council for making death y® pen-
alty of Counterfeiting or altering Publick bills of Credit, &c.
Adjorned til tomorrow 10 a clock a. m.
1723.] JOURNAL OP GENERAL ASSEMBLY. 119
Pro : N. Hamp''®
At a General assem held at Portsm'*
by adjonim* Dec 12'^ 1723.
Present In Coun^
His Honour John Wentworth Esq"^ Lieu* Gov''
Sam' Penhallow ) Shad=^ Walton )
Mark Hunking [ EstV^ Rich<^ Wibird [ Esq"
Geo: Jaffry ) Arch Macpheadris )
John Frost Esq"^
The Committe appointed to make tale of the defaced
broken bills y*^ ll*'^ Instant reported to the board that they
had received of y*^ sd broken bills as follows (viz*)
of Geo : Jaffry Esq'' one hund'^ twenty one
pound ten & six pence £121: 10: 6
Rich'^ Wibird Esq'' one hund'^ & Seventeen
p'^^ sixteen Shillings 117: 16:
Col" Hunking thirty five p''^ eighteen ct six-
pence 35: 18: 6
Maj"^ Gillman eighty two p''^ three & three
pence 82: 3: 3
In all X357: 8: 3
Which Sum of 357 : 8 : 3 was then burnt to ashes in y*
Council Chaml)er in Presence of y' Gen' assembly.
The Council Consent to y* amendm' of y* bill for a Tri-
annial assembly Sent up Yesterday as then entered by y*
house.
A Message to y^ board by Col° Davis & Cap' Downing
w^ a bill for granting to His Majesty an excise on liquor
&c w^'^ was sent back by Sam' Penhallow & Jn° Frost Esq to
be reconsidered.
Adjorn'd til 3 o'clock p. m.
120 PIIOYIXCE OF NEW-HAMPSHIRE. [1723.
[p. 321.] Pro: N. Ilamp"
Met according to adjornm*
Present as before.
A Message to the house by Cap* Macpheadris w*^ a rote
of Council for a Committe to prepare a bill for }'*■ better
Curing and Culling fish.
Adjorn'd til tomorrow 10 o clock a : m.
Pro : N. Ilamp".
At a Gen' assem held at Portsm'' by
adjornm* Dcc^ 13, 1723.
Present In Council
His Honour Jn"^ Wentworth Esq Lieu* Gov''
Sam^ Penhallow ) Shad^ Walton )
Mark Hunking i Esq Rich" Wibird | Esq"
Geo:Jaffry ) Arch'' Macpheadris )
A Message to the board l.)y M'' Atkinson w"' y° bill for
granting to His Majesty an Excise on liquors w"^ was re-
considered in y® house &c y" board Concurred w'^ y^ s'^ bill
and ordered the same to be Engrost.
by the same Message y'' following votes
In Council Dec 12*^ 1723
Voted That there be an act Past within this Province
for the better regulating the Cureing and culling of fish,
and that a bill be prepared accordingly and that Samuel
Penhallow and John Frost Esq'' be of a Committe to joyn
w"^ Such as Sliall be Chosen in the house of Representa-
tives to Prepare the S'* bill
Rich" Waldron Cler Con.
In the house of Ropresen* Dec'" 13, 1723
Read and Concurred and Yuted that Col° John Plaistcd
and W' Theo : Atkinson be of the Committe of this house
to joyn w'*' y*' above Committe fur y^ end aijovesaid.
James Jeffry Cler assem
In the House of Represen* Dec 12*^ 1723
Voted That the old broken defaced bills of Credit of this
1723.] JOURNAL OF GENERAL ASSEMBLY. 121
Province of the first Impression that was this day brought
in by the Trustees and told over by y*^ Committe appointed
That those of the Trustees that brought in the same be dis-
charged of tlie several Sums brought in (viz) George
Jaffrey Esq of the Sum of one hundred and twenty one
pounds ten Shillings and Sixpence and Maj^ John Gillman
of the Sum of eighty two pounds three Shillings and three
pence & Rich'^ [p. 322.] Wibird Esq of the sum of one
hundred and Seventeen pounds Sixteen and Col° Mark
Hunking of the sum of thirty-five pounds Eighteen Shil-
lings and Six pence and they are hereby discharged of the
Said Several Sums.
James Jeffry Cler Assem^
In Coun^ Dec 13'^^ 1723.
Read and Concurred. Rich'^ Waldron Cler Con
A Message to the board by Cap* Odiorne and Cap' G ill-
man with the two following Votes
In the House of Represen* Dec 13*'' 1723.
Voted That M'^ Justice Easman be allowed and paid out
of the treasury y^ Sum of thirty five Shillings for an Ex-
traordinary Express sent this last Summer from Kingston
to Nutfield. James Jeffry Cler assem.
In Couii' Eod™ die.
Read and Concurred.
Rich'' Waldron Cler Con
In the House of Represen* Dec'' 13''' 1723.
Voted That James Jeffry be paid out of the rublick
Treasury the sum of ten pounds for his Service as Clerk of
y« assembly for the last year from y" 20"' Nov^ 1722, to y"
29*" Novemb'' 1723 and tiiat His Honour tlie Lieu* Gov"- be
desired to Issue out his warr' to y*" Treasurer accordingly
James Jeffry Cler assem
In Council Eod"' die
Read and Concurred
Rich'' Waldron Cler Con
122 PROVINCE OF NEW-HAMPSHIRE. [1723.
The Committee appointed to make tale of y** old broken
defaced bills reported to the board that they had received
of Jii° Plaisted Esq four hundred thirty two pounds &
Seven Shillings which Sum was burnt to ashes in y*^ Coun-
cil Chamber in Presence of y^ General assembly.
Adjorn'd til 3 o clock p. m.
Pro : N. Hamp''^
Met according to adjornm*
Present as Before
A Message to the House by Mess" "Walton Macpheadris
and Frost w"^ a Yote of Council for addressing His Majesty
for His favour in returning Gov'' Shute &c.
[p. 323.] The following Yote brought To the board by
one of the Members of the house.
In the house of Represen* Dec'"lo'^1723.
There being brought in to the assembly by John Plaisted
Esq one of the Trustees for Exchanging the old broken de-
faced bills of Credit of tiiis Province the Sum of four hun-
dred and thirty two pounds and Seven Shillings as told over
by y° Committe appointed for that end which was burnt in
the face of the assembly,
Voted That the Said John Plaisted be discharged of the
S'd Sum of four hundred and thirty two pounds & Seven
Shillings and he is accordingly discharged
James Jeffry Cler assem
In Coun' Eod°^ die.
Read and Concurred.
Rich^ Waldron Cler Con
A Message to the board by Cap* Tibbits and M"" Easman
with a Vote of the house for repealing the laws not in
Print, past before y® year 1719, the Same in Substance w*''
a vote of the house Sent to y'' board y* 25*^'' of y® last month
w*='' vote was returned to y'' house by Geo : Jaffrey and
Arch'* Macpheadris Esq who were directed to acquaint
1723.] JOURNAL OF GENERAL ASSEMBLY. 123
tliem that y^ Council absolutely declined a Concurrence w''^
tliat Vote.
A Message to the board by Jotham Odiorne Esq with the
following vote.
In the House of Represen' Dec"" 13"^ 1723.
Voted That no laws made & Enacted before tlie yeaj
seventeen hundred and nineteen Except what have been
printed be pleaded in any Court within this Province until
they be Supervised by a Committe of both houses Chosen
for that end and that Col° John Plaisted Esq and Theod""
Atkinson be of the Committe to joyn w*"^ Such as y^ board
Sliall chuse for y® overlooking the s^ laws and that they lay
them before the General assembly for their approbation in
order to their being Printed.
James Jeffry Cler assem
[p. 824.] In Coun Eod™ die
Read and Concurred and Geo. Jaffrey & Rich*^ Wibird
Esq''^ appointed for y® Service afors'd
Rich^^ Waldron Cler Con.
Jon'* Chesley Preferred a Petition for an allowance for
Scouting (tc w*^^ was read and Sent down to the house of
Representatives pr y® Clerk.
Adjorn'd til to morrow 10 o'clock a. m.
Pro : N. Hamp'^
At a Gen' Assem held at Portsmouth
by adjornment Dec"- 14'" 1723.
Present In Conn'
His Honour John Wentworth Esq"" Lieu* GoV
Sam' Penhallow ) Shad-* Walton j
]\Iark Hunking [ Esqs Rich'' Wibird > Esqs
Geo. Jaffry ) Apch'' Macpheadris )
John Frost Esq
A Message To the house by Geo Jaffrey and Shad"* Wal-
ton Esq'' to enquire after y" bill relating to the Parishes of
Portsmouth sent down y® 27'" Novemb'' last.
124 PEOVINCE OP NEW-HAMPSHIRE. [1723.
The Coramitte appointed the l**' of June 1723 to Survey-
Lamprey River &c having made their report the Same was
read at y® ])oard & sent down by George Jaffry and Rich^i
Wibird Esq-"^
John Frost Escf® from y*^ Committe for drawing a bill for
■^ better Cureing and Culling Fish Presented a bill to the
board which was read and Past to be Engrost and Sent
down for Concurrence by Rich'' Wibird and John Frost
Escf*
A Message to the board by Mess''^ Fellows and Dennet
w'*^ the bills a'b* the Parishes at Portsm° Concurred in y®
house to be Engrost by the same Message the following
vote.
In the House of Represen* Dec"^ 14"' 1723
Voted That His Honour The Lieu* Gov'' having the
whole ))urthen of Government as Command'' in Chief de-
volved & continued upon him be presented with one hun-
dred pounds for his Extraordinary Service done the Gov-
ernment to be paid out of y® Publick Treasury
James Jeffry Cler assem
[p. 325.] In Council Eod"' die
Read and Concurred.
Rich'' Waldron Cler Con
A Message to the board l;)y Mess" Odiorne and Easman
w'*' y*^ following reports & votes ab* Lampril river bridge <fec
Pro : N. Hamp''® Whereas the General assembly of the
Said Province appointed a Committe to view and find out a
Convenient place for building a bridge over Lamprey River
that so it might be made to Stand ag'* the force of floods
comeing down S'' river and we the Subscribers being the
Maj'' Part of S'' Committe ^lat met at time and ])lace ap-
pointed did view and find out a place which in our best
Judgment Is at the Picked rock so called a little above the
first Dam on S'' river which we according to our best under-
172"..] JOURNAL OF GENERAL ASSEMBLY. 125
standing think tlio most proper jilacc to erect the bridge.
Given und"^ our hands the twelfth of July 1723.
Shad^ Walton
Edw^ Ay res
John Plaisted
In the house of represent Dec"" 14"' 1723.
Voted The above return be accepted.
James Jeffry CIcr Ass"^
In Coun' Eod™ die.
Read and Concurred.
Rich^^ Vraldron Cler Con
I Benj-'' Thomas being appointed by the Hon"'''' The Lieu'
Gov'' Council and representatives convened in Gen' assembly
to be one of a Committe to view Lamprey River and make
report of y° Most convenient place to build a bridge over it
but not having seasonabl notice to go with the rest of the
Gentlemen of y"" Committee These may Certify I have
been there and viewed the river and am of opinion with
the other gentlemen that at a Picked Rock upon the lower
falls near y*" old Dam is y'' most Convenient place for S^
bridge. Given under my h.and y*^ 13"' Decemb"' 1723
Benj** Thomas
[p. 326.] In The House of Represent
Dec-- 14"' 1723.
Voted The above return be accepted.
James Jeffry Cler Ass'"
In Council Eodm die
Read and concurred.
Rich-^ Waldron Cler Con
In Coun'
Ordered, That The Clerk forthw"> Transcril.e Coi)ys of
y^ report ab* Lamprey River bridge, and Send one to the
Selectmen of Dover, and another to the Selectmen of Ex-
eter together with Copys of the vote of General assembly
past thereon and that he write to y'= S'^ Selectmen & Inform
126 PROVINCE OF NEW-HAMPSHIRE. [1723.
them that His Hon'^ y® Lien* Gov"^ and Council Expect a
bridge be built Pursuant to the S'^ Report w"* all possible
dispatch.
Rich*' Waldron Cler Con
A Message to the board by Mess" Tibbits and Gillman
w*'' tlie vote of Council for addressing His Majesty respect-
ing Gov'' Shute Non-concurr'd in the house also the Vote of
Council for restraining hoggs going at large at Portsm" and
N. Castle Non concurred ; and the Yote of Council respect-
ing y*^ Counterfeiting and altering Publick bills of Credit.
Voted by y'^ house to be referred til y® Next Sessions.
A Message To The board by M"" Atkinson w*'* y® Petition
of Rob* Auchmuty Esq in behalf of Richard Hilton Esq"" as
entered y® 22*^ 9^'' last on which is Minuted a Yote of both
houses that y® Consideration of Said Petition be deferred
til y^ Session of Gen^ assembly in May next.
A Message to the board by Cap* William Fellows w*'' the
following vote
In the House of Represen*
Dec' 14, 1723.
Voted That M"" Agent Newman be Presented w*^ one
hundred pounds of our mony and that a Committe of
both houses be appointed to draw up Instructions to be
Sent him desireing him to Preferr the Triennial act for the
Choice of assembly to Endeavour the procuring the Stores
mentioned in his [p. 327] Petition to y*" Lords Justices,
And that he be desired to desist meddling w*° y° line unless
to defend anything that may ])e preferred as an Incroachm*,
and That M"^ Speaker Wear, CoP John Plaisted Cap* W"
Fellows and M'' Theo. Atkinson be of y* Committe of this
house to Joyn w*'^ y" Committe of the upper house for to
draw up and Send Such Instructions.
James Jeffry Cler assem'
In Conn' Eod™ die
Read and Concurred and Voted That Sam' Penhallow,
1724.] JOURNAL OF GENERAL ASSEMBLY. 127
George Jaffrej, Ricli'^ Wibird and Jii" Frost Esq" Joyn \v"'
the Gentlemen above for the service above
Rich-J Waldron Cler. Con.
A Message to the house by the Clerk To require their
attend^ at y® Council board the Speaker and house Came
up accordingly and Then The three following bills being
Past in both houses to be Enacted were again read and
Signed & Sealed in Presance of the Gen^ assem' (namely)
1®' An act for Calling and Electing an assembly once in
three Years.
2. An act In addition to the act Entituled an act for y*
Settlem' of y'' Parishes of y* Town of Portsmouth.
3. An act for Granting to His Majesty an Excise on
Several liquors.
Then His Honour was Pleased to Prorogue the General
assembly til monday the 11"' day of May 1721 and accord-
ingly in his Majestys name they were
Proro-ued.
Further Prorogued by
Proclamation til the 25'^ May
1721.
[p. 328.] Pro:N. Harnp^^
At a General assembly held at Portsmouth
by Prorogation May 25'^ 1721
Present In Coun^
His Flonour John AVentworth Esq' Lieu* GoV
Sam> Penhallow ) Shad=^ Walton )
^[ark Hunking [ Esq'« Rich'^ Wibird [ Esq"
GeorJaifry ) Arcli'^Macpheadris )
A Message to the house by the Clerk of the Council to
require their attend^ at the board the Speaker & house
came up accordingly To whom His Honour made the fol-
lowing speech
123 PKOVINCE OF NEW-HAMPSHIRE. [172'i.
Gent'' '
My Intentiou was to have seen you Sooner but when I con-
sidered the backwardness of the Season occasion'd by the long
rains we have had I determined to give you more time that you
might flnisli the busyness of the Spring, and then be better pre-
pared to dispatch what maj' now come before you.
I have by the last Ships from Great Brittain received a letter
from Gov' Shute, and lie stil assures me he will Contribute every
thing in his Power to Serve this Province, and the Present State
of his afifah's would not admit of his telling me when he Should
Imbarque for New England.
I was in Expectation of Giving you the pleasing account of His
Majestys bounty to Port W" & Mary whose Stoi-es are well Ex-
hausted and Stock very low but by my letters of the 27 of March
last from M"" agent Newman I find the Memorial laid in by him to
the Lords of Trade &c did not meet w"" the Expected Success,
however he is advised to Petition His Majesty and is in hopes of
obtaining.
I have Given Sam* PenhalJow Esq'' a Commission for Treasur''
of this Province and hope you will take care to allow such Sup-
plys of money as are necessary for y* Supi)ort of the Government.
Geo: Jatfrey Esq The late Treasurer will lay before you the
Publick ace' of the Province in order to be examined and ad-
justed.
[p. 329.] I have taken care to guard our frontiers w"' n Scout
of thirty two men, eight men in a party, the better to secure our
Exposed Inhabitants, a Greater Number may be raised as occa-
sion otfers but am willing to make the expence as Easy as Pos-
sible Tjiat so you may be encouraged the more liberally to raise
mony for repairing and building Fort W"" and Mary. The Com-
mitte for that Service have provided Materials & agreed with
workmen, but the Season has hitherto prevented them from be-
ginning work
The Thousand pound Tax To be raised on the Inhabitants this
Present year you can Expect no benefit by for it must be burnt
To ashes tlierefore you Avill Consider how to Provide for the
accruing charge of this year that so His Maj'J'^ Governm' may be
Supported w'^ honour.
J. Wentwokto.
The speak'' in behalf of the house Pray'd His Honour to
favour them w"^ a Copy of His Speech, who were answer'd
1724.] JOURNAL OF GENERAL ASSEBIBLT, 129
that the Clerk Should -^ait upon them w^ a Copy thereof
and tlien they withdrew to their own apartment.
Adjorn'd til tomorrow
10 o'clock A. M.
Pro. N. Hamp'^
At a Gen' assem by adjornm't May 26, 1724
Present In Coun'
His Honour John Wentworth Esq Lieu' Gov''
Sam' Penh allow ] Shad'* Walton )
JMark Hunking i Esq" Rich" Wibird \ Esq"
Geo : Jaftrey ) Arch'' Macpheadris )
John Frost Esq.
A Message to the board by M"" Sanburn w^'' the following
Vote.
In house Represen* May 26, 1724
Voted, That Maj-" Jn<^ Gillman M^ Theo Atkinson and
Capt W"" Fellows be a Committe from this house to Audit
y® ace** of this Province for y*^ year 1723.
James Jeffry Cler assem
[p. 330.] In Conn' Eod™ die.
Read and Concurred And Mark Ilunking Rich'' Wibird
and arch'' Macpheadris Esq''* appointed to Joyn y*^ Gentle-
men above for y^ Service above.
Rich^ Waldron Cler Con.
A Message to the board by M^' Sanburn w*'' y"" following
answer to y*^ L* Gov''* Speech.
The finswcr of the house of Rcpresen' To His Hou' the Lieut
Gov" Speech, Made May 25, 1724.
We arc Sensibly affected and Concerned, that in Tliis time of
warr and danger our Memorial To His Majesty for His bounty of
Stores of warr meets w*'' Such an unexpected Stop after the
Pleasing- views it was laid before us in but we would that if due
care and proper and reasonable application were made by our
agent it might Yet Prove SuccessfuU.
We are ready to receive M'' Treasurer Jaffrey's accouut and
have Chosen a Committe To Audit y<= Same.
9
130 PROVINCE OF NEW-HAMPSHIRE, [1724-
We like wise take notice that yC Honour liath Commission'd
Sam^ Penhallow Esq to be Treasurer and Expect he will be quali-
fyed by giving- bond.
We Shall Take care in Supporting y'^ Publick faith in discharg-
ing' the debts that become due this year from the Province and to
raise Such Sums as Shall Support the Government and the dis-
charge of such debts as shall be made in the necessary defence
thereof.
We acknowlege Yo'' Hon" Care for the defence of our Fron-
tiers and Pray the Continuance thereof and Gods blessing upon it.
May 26* 1724. Peter Wear Speak-"
Adjorn'd Til o oclock p. M.
Pro: N. IIam|/'=
Met according to Adjornm*
Present as Before
Adjorn'd Til Tomorrow
10 o'clock A. M,
[p. 331.] Pro : N. Hamj/«
At a Geu^ assem' held at Portsm"
by adjornm* May 27 1721
Present In Council
His Hon-^ y-^ L' Gov"-
Sam' Peiihallow ) Shad^" Walton )
Mark Hunking [ Escf^ Ricli^' Wibird [ Esq^^
Geo : Jaffrcy ) Arch'' Macpheadris )
A Message to iha house by y*" Clerk of the Council w"' a
Vote of Council for Pre])ariug a bill ag'' unnecessary firing
Guns Durip.g y^ pres' Ind" Warr etc
Adjorned til 3 o'clock p. M.
Pro : N. Ilamp"
Met according to ad jornmeut
Present as Before.
A Message to the board by Cap* Odiorne and Cap* Gill-
man w"' Several accounts w'^" had been under y* Considera-
1724.] JOURNAL OF GENERAL ASSEMBLY. 131
tion of y'' Coiuniittc of Audits, and the auditors report,
which report was ordered to lye on y'' Table for considera-
tion.
A. Message to the board by M'" Sanburn w"' the following
Totes.
In Coun^ May 27, 1724
Whereas there was an Act made and past in y* 18"' year
of King William of blessed Memory, forliidding any jier-
son to aljuse His Majestys name and authority in Pretend-
ing himself to be a Sherriff, Under Sherriff Deputy or Con-
stable which really were not so upon very Severe pains and
penaltys, and whereas there is no Provision made ag^' Per-
sonating a Military officer and abusing Ilis Majestys name
and authority as Such by pretending to Impress without
Avarrant so to do.
It is therefore
Voted That there be an addition to the Same Act (name-
ly) That the penalty for Pretending to be a Military officer
or Assuming a Military Power and Authority where there
is none Shall Ije the Same as in the S'' Act is Exprest for
personating a Civil officer and further that in Said Addi-
tional Act, the Unnecessary lireing Guns from the first day
of March to y*^ last day of NovemlV annually dureing the
Present Ind" warr in the Towns of Dover, Exeter, Kings-
ton and London Derry Shall Ijc prohibited on ])ain that
every offend' Shall pay forty Shillings being Convict.
Rich'' Waldron Cler Con
[p. 332.] In the House of Represent Eod™ die
The above vote of the Council this day read and Voted
a Concurrence w"" these amendments (viz) to he added
The Towns of Greenland Streatham and Newington and
that the Penalty be but ten Shillings and if the Delin(]uent
hath not mony to pay, then to l)e })unished at y" Discretion
of y" Military officers in the Town where the offence was
Committed and That no man fire w"' out leave from Ilis
Cap* or field officer.
132 PROVINCE OF NEW-HAMPSHIRE. [1724.
And That John Gilhnan Esq'' and Theo'' Atkinson be of
the Committe of this house to joyn w*'^ the Committe of the
upper house to draw up an Act according to the a])ove vote
-^th ye amendmt^ agreed on.
James Jeffry Clcr Assem
In Coun^ Bod"' die.
Concurred w**^ the Amendments And Shad^ Walton and
John Frost Escf^ appointed to Af;sist in drawing the bill
Rich<^ Waldron Cler. Con.
In the house of Represen* May 26*^^ 1724
Voted That Jotham Odiorne Esrf and M-^ William Fel-
lows, and M'" Theo : Atkinson be of the Committe from this
house to Joyn w"' a Committe of the upper house to ac-
count & receive the old Inlls of Credit of Each sort that is
to be burnt this assembly, and make their return to the
assembly. James Jeffry Cler Con
In Conn' May 27, 1724.
Read and Concurred and Sam' Penliallow Arch'' Mac-
pheadris and John Frost Esq" appointed for y° Service
above. Rich'' Waldron Cler Con
Adiorned til Tomorrow 10 a Clock a. m.
Pro : N. Hamp''°
At a Gen' assem held at Portsm° by
adjornm' May 28"' 1724.
Present In Conn'
His Honour John Wentworth Esq" Lieu*^ Gov"^
Sam' Penhallow \ Shad-'' Walton )
Mark Hunking [ Esq"'' Rich*^ W'hird V Esq'"*
Geo : Jalfrey ) Arch'' Macpheadris )
John Frost Esq.
A Message to the l)oard by M'" Redman w'" the follow-
ing vote.
[p. 333.] In The House of Represent May 27, 1724.
Voted That Ezekiel Moulton be allowd & paid out of the
1724.] JOURNAL OF GENERAL ASSEMBLY. 133
Treasury twenty Shillings in full for Piloting two Ind"^ To
Xewbury and bringing back their horses.
James Jeffrey Cler asseni
In Conn' May 28«^ 172-1.
Read and Concurred. Rich'' Waldron Cler Con
A Message to the board by Cap* Ordiorne and Cap* Gill-
man w"^ the following vote.
In The honse of Represen* May 28"' 1724.
yoted That M*" Speak'' "Wear be of y^ Grand Committe
for y'= 15,000£ in the Room of Col° Thomas Packer De-
ceased. James Jeffry Cler asscm
In Coun' Eod"' die.
Read and Concurred. Rich'' Waldron Cler Con
Adjorned til Tomorrow
10 o'clock A. M.
Pro. N. Hamp''^
A a Gen' assem held at Portsmouth
by adjornm* May 29*" 1724.
Present In Coun'
His Honour John Wentworth Esq L* Gov""
Sam' Penhallow ) Geo. Jaffry \
Mark Hunking [ Esq'*^ Rich'' Wibird \ Esq'"';
Shad-'' Walton ) arch'' Macpheadris )
A Message To The house by Samuel Penhallow and arch''
Macpheadris Esq'"* To recommend to their consideration y''
Vote of Conn' past last Sessions ag^* Counterfeiting bills of
Credit and M"" Hiltons Petition preferred by M'" Auchmuty,
and both Suspended til the present Session.
A Message to the board by ^P Dennet & Cap* Tibbits
w*'' the following vote.
In The house of Rcprcsen*
May 29'" 1724.
Voted That The accounts of George Jaffrey Esq late
134 PROVINCE OF NEW-HAMPSHIRE. [1724.
Treasurer of this Province as reported by the auditors be
accepted and allowed.
James Jeffry Cler assem
[p. 334.] In Conn' Eod'" die
Read and Concurred (memorand'" y*^ ballance due to y^
Prov: is £19: 4: 8.)
Rich'^ Waldron Cler Con
A Message to the Ijoard by Cap' Downing & M"" Sanburn
w*'' the following vote.
In the house of Represen' May 29"' 1724.
Voted That there be Signed of the Two Thousand
pounds now ready Imjirest y*" Sum of Seven hundred ninety
eight pounds seven Shillings and put into the Treasury for
the payment of the Sundry debts now allowed and remain-
ing due from the Province, and other Contingent Charges
that may happen, and That His Honour The Lieu* Gov'' be
desired to Issue out warrants accordingly, for y'' Payments
of what is yet unpaid and for payment of y® Contingencys
James Jefifry Cler assem
In Conn' Eod™ die
Read and Concurred.
Rich'^ Waldron Cler Con
A Message to the board by M"" Dennet w'^ the two follow-
ing Votes,
In the house of Represen'
May 29'" 1724.
Voted, That There be a Tax of five hundred pounds laid
on The Inhabitants of this Province, and that it be brought
into the Treasury by the middle of January next in mony
and that It shall be applyed for discharging the Support of
the Government, as (he Gen' assemldy Shall order and
that an act be drawn up accordingly, and That John Gill-
man Esq. and W Theo : xitkinson be of the Connnitte of
this house to Joyn w'" a Connnitte of the upper house to
draw up the act accordingly.
James Jeffry Cler Assem
1724.] JOURNAL OP GENERAL ASSEMBLY. 135
111 Couu' Eod™ die
Read and Concurred and Geo : Jaffiy and Arcli*^ !Mac-
pheadris Esq" appointed to joyn for y*^ Service above'
Rich'^ Waldron Cler Con
In the House of Represen'
^lay 29^-^ 1724.
[p. 335.] Ordered That Each Town and Precinct within
This Province Shall Sometime before the first monday in
October next chuse Some proper person to meet at y^ Court
House ill Portsm° on S'd day. Then and There to agree
upon rules and measures for y*^ New proportioning the
Province Tax for every town and precint w"'in this Prov-
ince (the best they can) and make return thereof unto the
next Sitting of the General assembly that Sit after the
Said day for their approbation, and That each Town pay
the Person chosen for His Service therein.
James Jeffry Cler asscm
111 Coun' Eod'^^ die
Read and Concurred.
Rich-^ Waldron Cler Con
Adjorn'd til tomorrow 10 oclock a. m.
Pro : N. Hamp^"
At a Gen' Assembly held at Portsm'^
by adjornm* May 30'" 1724.
Present In Coun'
His Honour John Wentworth Esq L* Gov""
Sam' Penhallow ) Shad'^ Walton )
Mark Huuking [ Esq--^ Rich"* Wibird [ Esq"
Geo : Jaffrey ) Arch*^ Macpheadris )
John Frost Esq
A Message To The board by Mess''^ Odiorne and Gillman
w"^ the following report and Votes
We The Subscribers hereof being a Committe of both
houses to account and receive and tell over the mony of
136 PROVINCE OF NEW-HAMPSHIRE. [1724.
each sort that is to he burnt in this assembly Do thus make
our return
Reel from Geo : Jaffrey Estf (of y° 15000£ bank) £i37 : 4:6^-
Do from D« on ace' of Col° Packer (of y<= Same) 189 : 4:1
£626: 8: 6
Eec^i of Geo : Jaffrey Esq (Exch" on y^ 5384£) 142 : 11 : 6
Ditto of Col° Wear (of y« Same) 21 : 3 :
Ditto of Col° Plaisted of y« Same 11 : 3:6
Ditto of Ricli'^ Wibird (ditto) 70 : 5 :
251: 3
Ditto of Col'' Hanking- (ditto) 31 : 6: 6
We Received of y'= 15,000£ bank mony y° Sum of Six liundred
twenty Six pounds eight Shillings and Sixpence, [p. 836.] And
of tlie 5384£ old Defaced bills Exchanged y*' Sum of two lum-
dred and fifty one pounds three SluUiugs, and more of CoP Hunk-
iug thirty one pound five Shillings and Sixpence May 28, 1724
Jotham Odiorne Arch'* Macpheadris
W"' Fellows John Frost
Tlico: Atkinson
In The House of Represen* May 30«'^ 1724
There was brought into and burnt in the face of the
General assembly of tlie fifteen thousand pound bank
mony, the sum of- four liundred thirty Seven pounds four
Shillings and five pence, by Geo: Jatfrey Esq'' & also the
Sum of one hundred eighty nine pounds four shillings and
one penny by the S''' George Jaffrey of the Same Ijank
mony rcc'd of Col° Thomas Packer deceased and the Said
Packer and Jafirey are hereby discharged of *the Said
Several Sums.
James Jeffry CI or Assem
In Council Eod"' die.
Read and Concurred.
Rich'' Waldron Oler Con
In the house of Represen* May 30"' 1724
Voted That The old broken Defaced bills of Credit of
this Province of the first Impression There was brought
1724.] JOURNAL OF GENERAL ASSEMBLY. 137
into llie assembly by the Trustees and told over by y® Com
mitte appointed as pr their return, and that those of the
Trustees that brought in the Same be discharged of the
Several Sums brought in (viz) Geo : Jaffrey Esq'" of the
Sum of one hund*^ forty and two pounds eleven Shillings
and Sixpence and M"^ Speak'' Wear of the Sum of twenty
one pounds three Shillings and Jn° Plaisted Esq"" of the
Sum of Eleven pounds three Shillings & sixpence and from
Rich'^ Wibird Esq"^ y® Sum of Seventy Six pounds five shil-
lings, and from Mark Hunking Esq the Sum of thirty one
pounds five Shillings and Sixpence and They are hereby
discharged of the Said Several Sums.
James Jeffry Cler Asscm
[p. 337.] In Council Eod'" die
Eead and Concurred
Rich^' Waldron Cler Con
A Message to the Ijoard by Jotham Odiorne Esq. w"' y^
following vote
In The house of Sepresen'
May 30^'^ 1724.
Voted That the old Prison in Portsmouth be sold for the
benefit of the Province to the best advantage by a Com-
mittee appointed for that end and that John Gillman Esq''
and M'^ Theod''' Atkinson be of the Committe from this
house to joyn w'^ a Committe of the upper house to do y^
Same.
James Jeffry Cler Assem'
In Coun' Eod"^ die.
Read and concurred
Rich'^ Waldron Cler Con
Adjorn'd Til y« 10"' June
Next.
138 PROVINCE OF NEW-HAMPSHIRE. [1724.
Pro : N. Ham}/'^
At a Geii^ Assem lield at Portsm"
by adjornm* June 10* 1724.
Present in Coun^
His Honour John Wentwortli Esq'*^ Lieut Gov''
Sam' Pcnliallow ) ShacV"' Walton ]
Mark Hunking [ Esq" Ricli'' Wibird [ Esq''^
Geo : Jaffry ) ArclV' Macpheadris )
A Message to the board by Mess''' Fellows and Atkinson
to acquaint His Honour That Pursuant To a Receipt from
M"^ Speaker to have a representative chosen in the Town of
Dover in the room of Cap' Tim° Gerrish who had lately
removed out of the Province Cap* Benj-'* Wentworth was
return'd pr the Siierriff as lawfully Elected & to Pray That
the S'd Cap* Wentworth might be qualifyed &c Whereupon
His Honour appointed Geo : Jaffrey Esq'' and Rich'' Wibird
Esq'' and The Clerk to go into the house of Represen' and
adm"" the proper oathes w''' was Immediately done accord-
ingly.
[p. 338.] Sam' Ingals being admited into the Council
Chamber Presented a Petition To The board In behalf of
himself and others Praying that the Garrison at Chester
might be Strengthen'd w"' men at y® Province Charge w'^'*
was read and Sent down Ijy Sam' Penhallow and Geo :
Jaifrey Esq""^
Adjorned Til Tomorrow
10 oclock A. M.
Pro : N. Hamp'-''
At a Gen' assem held at Portsm"
by adjorm' June 11"' 1724,
Present In Coun'
His Honour John Wentworth Esq Licu*^ Gov""
Sam' Penhallow ) Shad^' Walton )
Mark Hunking [ Escf^ Rich'' W^ibird { Esq''*
Geo : Jaffry ) arch'' ]\racpheadris )
John Frost Esq
1724.] JOURNAL OF GENERAL ASSEMBLY. 139
The Petition of Jotham Odionie Esq Praying for a Spe-
cial act to Enable him to bring forward a Suit ag*' Rich''
Jordan at y'' Next Snper'" Court &c for reasons therein men-
tioned whicli was read and dismist,
A i\[essage to The board by Cap' Fellows and Cap' Tib
bits w"' a bill Entituled an Act to Ascertain the Time for
y'' redemption of land Mortgaged on Conditions or by deed
of Sale w'** defeasance av'^'' was past in the house to be En-
acted, and being read three times at the l)oard tlie Council
Concurred and ordered the Same to be Engrost.
By the Same Message The bill (w'^'^ was reported to the
house by y'' Committe appointed to draw the same) Enti-
tuled an Act in addition To an act made in the thirteenth
Year of King William The third Impowering Sheriffs Und^
SherrilTs Deputys or Consta!)les to demand aid and assist-
ance in y'^ Execution of their respective offices, which being
Past in the house was Concurred in Council having had its
Several readings there.
By The Same Message the following Vote
In The house of Represen* June lO'** 1724.
Voted That Jon^ Moulton be allowed and paid out of
the Treasury for ten days Service under Lieu' Jos : Beard
(he haveing taken his oath of S''' Service) as Centinel.
James Jeffry Clcr Assem
In Conn' June 11"> 1724.
Read and Concurred. Rich'' Waldron ClerCon.
[p. 339.] A Message To The board by Cap' Wiggin w"^
tlie Petition of Sam' Ingals and others (w*^'' was read at y°
board and Sent down To y*" house Yesterday.) Voted to be
dismist.
By The Same Message a Bill Entituled An Act To Levy
a Tax of five hundred pounds on the Poles and Estates w"^
in this Province, Past in the house To be Enacted w"'' being
Several Times read at y^ board y° Council Concurred
Therew'".
140 PROVINCE OF NEW-HAMPSHIRE. [1724.
Gcorgo Jaffrey Esq Presented To The board a bill Enti-
tuled an act In addition to the act ag^' Trespasses in Town
Commons which being Several times read at the board was
Past To be Enacted and Sent down to the house }/ the S'd
Geo Jaffrey Esq'"
Adjorn'd Til 3 o'clock p. m.
Pro : N. Hani]/^
Met according To adjornm*
Present as Before
Adjorn'd Til Tomorrow 10 a'Clock a. m.
Pro N. Hamp'*'
At a Gen' assem held at Portsm°
by adjornm* June 12*'' 172-i
Present in Coun^
His Hon'' John Wentworth Esq Lieu* Gov'"
Samuel Penhallow "i Shad'^ Walton )
Mark Hunking S Esq'"* PJclr' Wibird [ Esq'^^
Geo : Jaffry ) Arch"' Macphreadris )
John Frost Esq
Robert Buruham was admitted into The Council Cham-
ber, and presented an Ind" Scalp To tlie board, and made
oath Tliat it was l)ona fide the Scalp of an Indian Slain two
days before at Oyster river by a Party of Men under y®
Command of M'" Abraham Bennick & that he believed y®
S'd Ind" was an Enemy Indian ttc Whereupon it was or-
dered TJiat Pursuant To xVct of Gen^ Assem' the Slayer be
paid one hundred pounds out of The [p. 340.] Treasury
and that the Clerk forth w"' prepare a warrant accordingly:
the Said Sum being made payable To Cap* Francis Mat-
thewi at y'' request, and on the account of the S''' Slayers.
Adjorned Til 3 a'Clock
p. M.
1724.] JOURNAL OF GENERAL ASSEMBLY. 141
Pro : N. Hamp'"''
Met according To acljoniment
Present In Coun^
As Before.
A Message to the board by Maj"" Gillnian and Cap* Went-
worth with the following vote.
In The house of Represen*
June 12"» 1724.
Benj^ Gambling Esq'' high Sherriff of this ProTinco of
New Hampshire desires the Gen' xVssem. for an allowance
for his Service as high Sherriff for y° year 1723 and Sub-
mitts it to the Gen' xissem'.
Voted That There be allowed and Paid him out of the
Publick Treasury in full of his S'^ Service the Sum of thir-
teen pounds.
James Jeffry Cler Assem
In Council Eod™ die
Read and Concurred
RiclV' Waldron Cler Con
By The Same Message A Petition of the Commoners of
Hampton Praying for a Committe To lay out land in Kings-
ton &G Voted To be Suspended Til Next Session &c and
That Kingston be notify 'd as Endors'd on S'*^ Petition on
file — And The Bill about Trespasses Sent down Yesterday
Voted To be Considered . at the next Sessions and an ace'
of Rob* Coates Voted To be dismist, which was returned by
Geo Jaffrey To be reconsidered, and Immediately brought
to the board again by M'' Redman w^ut amendment.
This day The Council Concurred w"' the Vote of the
house upon y° first report of y'' Committe of audit Sent up
y® 27 of May last, which is as follows.
[p. 341.] We whose names are underwritten being ap-
pointed Committe to audit the accounts of the Province of
New Hampsli'^^ for y^ year 1724 Do allow as follows.
142 PROVINCE OF NEW-HAMPSHIRE. [1724.
N° 1. An account Sigu'd Robert Coates for work and
necessarys for Fort ^V"' & Mary am« To 29. 12. 3
£19. 1.5 being paid by M' Jaffrey y« Treasu'- so
remains due & allow d £10. 10. 10
N" 2. Ail Account for work as above Sign'd Eicli"^
Perry am° [To £19. 8 Paid by mony from y^
Treasurer & old Iron £17. — remains due &
allowed 2. 8.
N° 3. M'' Treiisi/ Jaffrey Ace' allowed and due to the
Province £19. 4. 8
Besides
outstanding in y'^ Constables hands Gl. 13. 5 and some
Smal Stores liatchets jjowd'' &c which M"" Penhallow
must be debted with.
N° 4. An account Signed John Frost in behalf of
Rob' Sanders of y^ Isles of Shoales for coming
tobring the News of a Pirate am" To 40s alio wed. 2. 0.
to be pal ! by y^ Constable of Gosport who as
yet is behind hand in the payment of his Prov-
ince rates for y^ year 1723
N° 5. An Ace' Signed Benj^ Acreman for Service as
doorkeeper, & Expresses &c allow'd 7. 10
The Clerk of the Council not haveing
kept an Ace' of his Service done for
the year past recommends the
Same to this house for allowance
Allowed ]\P Waldron 72. 10.
An Ace' Signed Clem' Hughes Commission' of the
Excise being examined and found to be right
Cast there is due to the Pi-ovince for y*^ year 1723
now in his hands the sum of £90. 14.
The Said Hughes Prays a fuither allowance on his
account for y^ year 1722, being for Sundrj- Services
which is mentione 1 in his arc' and wliich y^ Com-
mitte of audit for tliat year disallowd being recon-
sidered allowed 4. 10.
An account Signed John Newmarch for a Castle
boat am" to £28. 14. allowed 26. 13.
[i>. 312.] An account Signed Joseph Moulton for
Ditio band/ am" To £3. 1. 6. allowed 3.
An Ace' Signed Joseph ^SIoscs for Joyners work on
Ditto boat am° to £2. 15. allowed 2.
An ace' Signed Susanna Smal for Expencc:? am" To
£3. 13. 10 allow'd the Said Sum 3. 13. 10
1724.] JOURNAL OF GENERAL ASSErdBLY. 143
An account of Sundiy Smal necespavys from y"^ Gun-
ner of Fort W™ ic U-dvy am" to £9. 17. 1 allow'd 9. 17. 1
An ace' Signed Josli^ Bab for Glass work on the Frov :
goal am" To 1. 17. 2 allowed 1. 17. 2
An account Signed John Clark for Masons AYork on
the Said Goal am" to 26s allowed 6, 1.
An account Signed John Gillman for Services done as
Commissary for Sundry Provisions & Stores D*^
to the forces at Exeter am" to 27. 11. 1 referred
to the house for their Consideration & appro-
bation.
AT"' Fellows Mark Ilnnking
Theo"^ Atkinson Rieh'^ A^'ibil•d
Arch"* Alacpheadris
In the House of Represent May 27"^ 1724.
Toted That The within vctuni of the Auditors of tlie
accounts be accepted and allowed, and that what is unpaid
be paid out of the Publick Treasury.
James Jeffrey Clcr Asseni
In Conn' June 12"^ 1724.
Read and concurred Rich'^ Waldron Cler Con
A Message to the board Ijy M'' Atkinson w"' the following
report and Votes,
AYe Underwritten being appointed a Committc to audit The
Publick accounts report as follows June 11"' 1724 To Jotham Odi-
orne Es(f for 2 days viewing Fort AV" k ]\Iary & to let out y''
work w"' expenccs £1: 7, alloAved Kothing £0: 0:
John Plaisted Esq"" his ace' for ditto £1 : 19, allowed 0:0:0
Edw*^ Toogood's ace' for lime and labor not proved
[p. 313.] John Knights ace' for expcnces of the Gov""
and field officers at Several times for Service of
the Government £S: IS: 8 allowed in full dis-
charge of S"'^ ace' £5: 7: 8
The account of Jolin Gillman Esq"' for Sundry Services
for Goverm' am" To 27: 11: 1, allow'd in full
discharge of S'd account 7:
The account Signed Benj^' Leavit for Seizeing a De-
serted Ind° from y* Mass'' w"' Cliarges of other
men to assist him £1 : 5 not allowed.
Mark TInr.k'ng
lliclii AVibii-d
AV"" Fellows Arch<^ Macpheadris.
144 PROVINCE OF NEW-HAMPSHIRE. [172-1.
Ill the House of Represen' June 12"' 1724.
Voted That The above accounts bo allowed, and the
Several Sums set of be paid unto each person out of the
Publick Treasury and that there be paid To Maj'' John
Gillman besides the above allowance tlie Sum of three
pounds as an addition, and paid out of the Publick Treas-
ury also.
James Jeffrey Cler Assem
In Council Eod''' die
Read and concurred.
Eich'^ Waldron Cler Con
Adjorn'd Til tomorrow
10 a Clock A. M.
Pro. N. Hamp"""
At a General assem held at Portsm"
by adjornm* June 13*^ 1724.
Present in Coun^
His Honour John Wentworth Esq Lieu* Gov'^
Sam' Penhallow ^ Shad* Walton )
Mark Hunking S Esq'"'' Rich** Wibird S Esq""^
Geo : Jaffrey ) arch'^ Macpheadris )
John Frost Esq'"
A Message to the board by Mess""^ Downing, Fellows and
Dennet w*'' the following vote
In the House of Represent June IS^ 1724.
Voted That His Honour The Lieu* Gov"" haveing the
whole Government as Commander [p. 344.] In Chief stil
continued upon him) be Presented w*'^ the sum of one
hundred pounds for his Extraordinary Service done the
Government in this Time of warr, and that It be paid him
out of the Publick Treasury.
James Jeffry Cler assem
In Council Eod™ die
Read and Concurred.
Ric¥ Waldron Cler Con.
1724.] JOURNAL OF GENERAL ASSEMBLY. 145
A Message to the board by M'" Atkinson w"' the following
vote,
In The honse of Represen* June 13"' 1724.
Voted, That ten pounds five Shillings be paid out of The
Publick Treasury To Cap' Benj" Wentworth in full of his
account for distributing Stores To y° SoukV'^ &c
James Jeffry Cler assem.
In Coun^ Eod™ die
Read and Concurred
Rich^ Waldron Cler Con
A Message To The house by y*" Clerk of the Council to
require their attend^ at the board The Speak^" and house
came up accordingly and the three following bills being
read ct Signed and Sealed in Presence of the Gen' assem
(namely)
1** an Act in addition to an Act made in y'^ lo*'^ year of
King "William the 3'' Impowering Sheriffs under Slierriffs
Deputys or Constables to demand aid and assistance in the
Execution of their resj)ective offices
2*^ an Act to ascertain the time for y** redemption of
lands Mortgaged on Condition or by deed of Sale w''' de-
feasance
3. an Act To Levy a Tax of five hundred pounds on the
Poles and Estates w"'in this Province.
His Honour was pleased to Prorogue the General Assem'
and accordingly They were
Prorogued
Til the 13'!^ day of October Next.
Further Prorogued by Proclam
Till y« W^ Instant.
10
146 PROVINCE OF NEW-HAMPSHIRE. [1724.
Henry Newman'' s Letter to Committee of both Houses.
[From MS. Correspondeuce in Secretary's Office, p. 37.]
To Mr. Peuliallow and y'' Gent, of the Comittee of both Houses in
New Hampshire.
Middle Temple, 29* Sept. 1724.
Gentlemen —
I received your Instructions dated the 10"' of March last, signed
by Mr. Fenljallow in behalf of the committee of both Houses, and
immediately applyed nn self to execute your Orders.
1 v/ent to the board of Trade with the Triennial Bill and ac-
quainted Mr. Secr'y Popple with the Directions I had received
thereon ; he told nie they could receive no Bill there without the
Province Seal to it: I told him I would leave the Copy I had re-
ceived as an Aullientick Copy signed by the Secr'y of the Prov-
ince, tjill a Copy with the Seal of the Province could come; he
said, I might do so if I would, but the Board would consider it
only as a Piece of Waste Paper, and give no opinion of it till it
came in Form. I then suspended farther application in Hope the
next Ship might bring' a Copy in Form; but to this day none is
come. 111 the mean time I have acquainted the Governor with
the contents of the Bill, knowing' the Board of Trade would con-
sult him thereon, before they Avould recommend it to the King.
The Govern'' said he thought it an improper juncture to ofler a Bill
for limiting" the Prerogative, when the neighboring- Province had
incurred the Jealousie of the Coiirt by several invasions of it;
but if the Province of New Hampshire thought their Interest
much concerned in it,' he would not oppose it; if the Governm*
here should think lit to approve of it.
I have since asked some Gentlemen belonging to the office of
Trade and Plantations Avhat they thought would be the sentiments
of the Board on such a Bill, when it came regularly before them:
and they told me it is dubious what might be the success of it for
these Peasons :
l**' Because of the Incroachmeuts of a neighboring Province.
2<iiy That as the Province was at this time Petitioning the Crown
for a considerable Favour of stores, the oflering such a Bill as
should limit the Crown was not so well tim'd as might be wish'd.
;3iiiy That the Commons of Great Brittain did at an impoi'tant
Juncture obtain such a Limitation on the Crown as that a New
Parliament should be called once in 3 years, but Experience had
shown that such a Limitation was prejudicial to y^ subject by the
Tunuilts and Expence it occasioned to the Candidates for Elec-
tion, and therefore they had since obtained an Enlargement of
that Limitation from 8 to 7 years.
I mention these Things that you may, if you think proper, sub-
mit them to the Consideration of the assembly.
The Board of Tiade have very kindly espoused and recom-
mended to the (iovernment the memorial for stores for Fort Wil-
liam and Mary, but the office of Ordnance have not done so,
because the Stores sent by an order of Council in the late Queen's
time are not paid for to this day. and they seem content it should
remnin as a desperate Debt, provided they may never have such
orders again, without a Provi.'^ion in Parliament.
1724.] JOURNAL OF GENERAL ASSEMBLY. 147
I liave seen at the office of ordnance their memorial to my Lord
Cadouain, but have not yet been able, after frequent solicitations
to yet an Authentic Copy of it. They also latel}^ refns'd giving
any co])y and told me I must go to the Secretary of State's otRce
for it; Mr. Delafaye, who then acted as Secretary of State, assures
me he never received it, and having- since desired a copy of it,
they sent him a copy, or rather an Extract of it Avithout any name
to it, and when Mr. Delafaye shew'd it to me, he told me
he could only let me read it, because it did not come regularly to
him. I told him that would do me no service without the libeity
of copying it, and having- y'' names of those who signed it. He
then desired I would write to him such a letter, as I had sent a
a copy of, dated the — ? of July last, and that he would try to get
a copy on such a Letter. I have since been to wait on him at
Windsor to know what effect this method of application had; my
journey was in vain, for he plainly told me, unless I would give
him his own time, he could not serve me.
I have again wrote to him the l?"* curr' in the terms herewith
sent, Init have no answer. Nor can I take more steps in this
affair with the ministry without a Copy of this memorial to iire-
vent any further Reference to the (.)rdnance.
As to the affair of the Lines, I am attentive to any step the
Agent of jMassachusetts may take therein, and shall make the best
use I can of the Instructions you have given to Defend your In-
terest when occasion offers,
TIk! Board of Trade will not meddle with it, till it comes re-
fcrr'd t<^ "em by the Governm', and to Petition the king, at this
juncture to urge a Hearing before the Council, I am sure of a
great Expence, bttt not so sttre of serving the Province therein
with success, as I desire to be when I make application about it.
Please to assure the Lieutenant Gov"' and both Houses of the
Assembly of my humble service, and thankfull acceptance of their
last llemittance, and to believe that I am.
Gentlemen,
Yo'' most obedient
Humble servant
Henry Newman.
My former went
hy Capt° Steel.
[p. 345.] Pro: N. Hami/.
At a Geii^ assem lield at Portsm" by
Prorogation y° I'd'^ October 1724.
Present In Council
His Honour John Wentworth, Escf' Lieu' Gov''
Sam' Peuliallow ) S]iad=^ Walton )
^lark Hanking [ Escf'' Rich^' Wibird [ Esq""^
Geo : Jatfrey ) Arclf' Macplieadris )
Jno Frost | j.,,
Joth Odiornc ( '' ^
148 PROVINCE OF NEW-HAMPSHIRE. [1724.
A Msssage to the house by Geo : Jaffrey Esq""^ and Arch''
Macpheadi'is Esq'" & the Clerk to Prorogue the Gen' assem-
bly tt they were accordingly
Prorogued til y" V^^ of Novemb'' Next.
Pro : N. Hamp-^"
At a Gen' assembly held at Portsm"
by Prorog^^ O'"' 16"^ 1724.
Present In Council
at y'' Lieu* Gov"" house
His Plonour John Wentworth Esq Lieu' GoV
Mark Hunking | ^ .^ Rich" Wibird } ^^
Shad--^ Walton \ ^^^ Jn° Frost j ^^
Jotham Odiorne Esq''®
A Message to the house by Jotham Odiorne Esq and y®
Clerk to require their attend" at the board the Speaker and
house came up accordingly to whom Ilis Hon' addressd
himself in y*^ following speech.
Gentlemo),
I litive at all times manifested my concern for tlie welfare of this
Province & people and I now give you fresli Instances of my
readyness to do anything that is in my power that may add to Its
Peace and prosperity.
It will be very pleasing to me to See the business of this Ses-
sions meet w**^ dispatch yet not in a hurry but to give every thing
Its due consideration.
[p. .'U6.J I was in great expectation that our forces Eastward
would have met with better success, but the Season of the year
being so far advanced, and our men much fatigued by its long
march av"' other concurring circumstances put an End to that
Exi)edition.
The i)reseiit expensive warr we are Engaged in dayly increases
y*^ Cliarj^-e of y'' Province so I find there will be a necessity of
Stiikino- or emitting- more bills of Credit in order to discharge y"
extraordinary demands of the warr. I would put you in mind
y'due cai-e be taken that what bills of Credit arc aimiially brought
in by tax on y Inhabitants be burnt to a«hes according to act of
Gen' assembly and not Issued out of the Treasury again on any
pretence whatsoever.
It would bean honour to this Government to make suitable pro-
Ausion for chan<4in^- such bills of Credit of tliis Province as are so
defaced that they Avill not pass from man to man, and appoint a
Person or Persons lor tlie Same.
Thj expcncc of the Province for the year I have managed Avith
1724.] JOURNAL OP GENERAL ASSEMBLY. 149
all possible friig-ality, and what mony you raised the last Session
has been api)ly"d to y*^ Uses it was designed for.
I have ordered M'' Treasurer Penhallow to lay before you the
Publick accounts, and the IMuster llolls to be brought, in," that so
they may be Exaniin'd & Adjusted.
I doubt not but you will allow such Supplys of Money to the
Treasury as may be wanting to discliarge the Just debts of the
Province, and also make Honourable Provision for the Support of
this His ^Majesty's Government.
By The last Ships I Rec'^ letters from His Excellency Gov'
Shute, who Intends here y" next Spring haveing a prospect of
Composing his affairs by that time. His Excellency Thinks him-
self neglected (Since he is there serveing y*^ Province at his own
Expence) That the assembly dojit make him Some hansome allow-
ance. I am very well assured that he has and will do us any Ser-
vice in his Power.
This Gentlemen you may remember I have frequently recom-
mended to your Consideration.
M'' Agent Newman has also Avrote me by some of the last Ships
from Great [p. 347.] Brittain That he Is Still Soliciting about the
line and Stores for F()rt W'" & Mary but as yet not the desired
Success but yet in expectation of bringing it to a good Issue
J. AVentwouth.
A Copy of The foregoing Speech being desired by the
Speaker in behalf of the house y'' same was delivered him
])y y'' Clerk, & then the house w"' drew to their own
Chamber.
Adjornd Til tomorrow 9 a Clock a.m.
Pro : N. PIamp^^
At a Genl assembly held at Portsm"
by adjornm' 9'^'- 17'^' 1724.
Present In Council
His Hon-" Jii" Wcntworth Esq'"'' L' Gov"".
Samuel Penhallow } t-, Geo. Jaffrey ) -pi
Mark Hunking \ ^^^ Rich'» Wibird j ^""^
Jotham Odiorne Esq"""
A Message to the board by Cap' Gillman w"' the follow-
ing vote.
In the house of Represen*.
Voted Tliat Maj'' John Gillman Andrew Wiggin Esq &
M' Theo : Atkinson be of y'' Committe of this house to joyn
150 PROVINCE OF NEW-HAMPSHIRE. [1724.
with a Committc of the upper house to audit the accounts
and Muster Rolls brought in this Session
9br 17th 1724, James Jeffiy Cler Assem
In Coun^ Eod'^ die
Read and Concurred and Mark Hunkiiig Rich'' Wibird
and John Frost Esq'' appointed for y'' Service above.
Adjorn'd till tomorrow
10 a clock A. M.
Pro N. Hamp'^®
At a Gen' Assem held at Portsm°
by adjornm' i)'"' 18"' 1721.
Present In Council
His Hon'' John Wentworth Esq L' Gov""
Sam' Penhallow ) -j^ , ,.^ Shad^ Walton ) -r, „
Mark Hunking \ ^'^'^ ^ Rich" Wibird \ ^^*1
Jotham Odiorne Esq
[p. 318.] The Gommitte appointed to New Proportion the
Towns reported To the board that they were of opinion
that matter might be as well deferr'd for about Six months
<fec (as pr y'' report at large on fde) Whereupon It was
Voted as follows
In Coun' Nov 18'" 1724.
The above report was read and accepted
Rich'' Waldron Cler Con
In the house of rcprcsen' Eod die.
Read and Concurr''' (w"' this amejidm') that It be de-
ferred dureing y'^ Ind" warr.
James Jeffry Cler Assem
In Coun' Eod die
Concurr'd w"' the amendment
Rich'' Waldron Cler Con
Thomas Alden presented a Petition to y*^ board praying
for an allowance of 7. 3. 6 out of y'' Treasury for adminis-
tering (as Docf) To one Pummery a Souldier now dec''.
1724.] JOURNAL OF GENERAL ASSEMBLY. 151
Ordered That Eleazer Culman Master of S''' Pummery be
notified to appear next fryday at y^ Council board to Inform
wliat he knows Relating to the Premises.
Adjorned till tomorrow
10 a clock A.M.
Pro : N. Hamp-"*^
At a Gen' Assem held at Portsm"
by adjornm' Nov"^ 19"' 1724
Present In Conn'
His Honour John Wcntworth Esq L* Gov'^
Sam' Penhallow ) Shad'' Walton )
i\Iark Hnnking [ Esq'"^ Rich'' Wibird [ Esq"
Geo : Jaffry ) Jn" Frost J
Joth Odiornc Esq'"''
Adjorned til tomorrow 10 o'clock a. m.
Pro : N. Ilamp'"'^
At a Gen' assem' held at Portsm"
by adjornmn" Nov'" 20'" 1724.
Present In Coun'
His Honour John Wentworth Esq L* Gov''
Sam' Penhallow ) Shad-' Walton )
Mark Hunking [ Esq'"» Rich" Wibird [ Esq-"^
Geo. Jaffry ) Jn" Frost )
Adjorn'd till tomorrow 10 a'clock
a. m.
152 PROVINCE OF NEW-HAMPSHIRE. [1724.
[p. 349.] Pro N. Hami/<^
At a Gen' assem held at Portsm°
by adionim" 9'^^ 21^' 1724.
Present In Conn'
His Ilononr John Wcntworth Esq L^ Gov''
Sam' Penhallow ) Shad^' Walton )
Mark Hnnking i Esq'* Rich'^ Wibird ( Esq'"-'
Geo : Jatfrey ) Arch'' Macphreadis )
Jn^ Frost _ }
Jothani Odiorne \ '•
Adjorn'd til Monday y« 23'' Instant,
3 a clock p. M.
Pro : N. Hami/'^
At a Gen' assem held at Portsmouth
by adjornm" Nov'' 23'' 1724.
Present In Conn'
His Honour John Wentworth Esq L' Gov'
Sam' Penhallow^ Shad=^ Walton^
Mark Hunking VEsq''^ Rich" Wibird VEsq"
Geo: Jaffrey J Jn*^ Frost . J
Joth"' Odiorne Esq'^"
Adjorn'd til tomorrow 10 a clock a. m.
Pro N. Hamp"'
At a Gen' assem held at Portsm"
by adjornm' 9'^'' 24, 1724.
Present In Conn'
His Hon"" John Wentworth Esq'''= Lieut Gov""
Sam' Penhallow ) Shad-'' Walton )
Mark Hunking [ Esq" Rich'' Wibird [ Esq''^
Geo Jaffrey ) Jn" Frost )
Jotham Odiorne Esq"^®
Adjoi-n'd till tomorrow 10 a clock a. m.
1724.] JOURNAL OF GENERAL ASSEMBLY. 153
Pro: X. Hamp'"^
At a Gen' assem held at Portsm"
by adjonim' Nov'' 25"' 1724.
Present In Coun'
His Honour John AVentworth Esq L* Gov""
Sam; Penhallow ) Rich'^ Wibird )
Mark Hunking \ Esrf* Arch" Macphreadris > Esq''"
Geo : Jaffrey ) Joth Odiorne )
A Message to the house by the Clerk to require their
attend^ at y'' Council board upon y'^ hearing of y® Petition
of y'^ Commoners of Hampton praying for a Committe to
lay out lands in Kingston Preferred last Session & then
ordered to l)e heard at this time.
[p. 850.] The Speaker and house came up accordingly &
the Commoners of Hampton & likewise y'' Commoners of
Kingston being present and fully heard hj their Counsel, y®
Partys departed after whicli y'^" Speaker and house withdrew
to their own Chamber to Consider thereof.
A Message to the house Ijy Cap' Macpheadris with y'' Pe-
tition of y*^ Commoners of Hampton, & all y^ Papers relat-
ing thereto together w"^ a vote of Council thereon.
Adjorn'd til tomorrow 10 a'clock a. m.
Pro. N. Hamp'"'^
At a Gen^ assem held at Portsni"
by adjornmt Nov"^ 26"' 1724.
Present In Coun'
His tlonour John Wentwortli Esq'"'" L' Gov''
Sam' Penhallow^ Shad^ Walton ^
Mark Hunking VEsq" Rich'' Wibird VEsq''^
Geo : Jaffrey J Jn° Frost. j
A Message to the board l)y M"" Dennet and Cap* Gilhnan
w"' a vote of the house relating to Town Grants <fcc.
A Message to the board by Cap' Gillman and I\r' Sanburn
w"' the report of y° Committee of audit on the Treasurers
15-i PilOVINCR OF NEW-HAMPSHIRE. [1724.
Acct which was immediately returned by Geo Jaffrcy and
John Frost Escf*
Adjorn'd til tomorrow
10 a'clock A. M.
Pro : N. Hami/<^
At a Gen' assembly held at Portsm°
by adjornm' &'' 27"' 1724.
Present In Council
His Hon'' Jolni Wentworth Esq Lien' Gov''
Sam' Penh allow ) Ricli^' Wibird )
Geo Jaffrey [ Escf John Frost [ Esq'"«
Shad'-' Walton ) Joth'" Odiorne )
A Message to the board by iless''* Downing & Sanburn
w*"" a bill Entituled an Act for chuseing & Settling Gospell
Ministers pass'd in y*^ house to be Engross'd But In Conn'
Voted to lye for Consideration till next Session.
A Message to the board by CoP Davis & Cap* Tibbits
with a bill against trespassers pass'd to be Engrost w'^'' was
concurred w*'' in Council etc.
[p. 351.] A Message to the house by M"" Jaffrey w*'' a Vote
of Council relating to Grammar Schools etc which was re-
turned to the board by Mess''* Easman & Sanburn Xon-
concurred.
By The Same Message came y*" following Votes to the
board.
In the House of Represen' Xov"" 27 1721.
Voted That all those small Scouts that have been out for
three or four days at a time be allow'd their provision, and
those that have not had it Init have found themselves, be
allow'd and })aid out of y^ Piiljlick Treasury one Shilling pr
day in mony.
James Jeffiy Cler assem
In Couu' Eod'" die
Read and concurred
Rich" Waldron Cler Con
1724.] JOURNAL OF GENERAL ASSEMBLY. 155
III the house of Represeii* 9^^ 27''^ 1724
Voted That There be allowed to Sam^ Penhallow Esq'"''
the Sum of tweuty pouuds new england money for his good
service done when in Great Brittain.
James Jeffry Cler assem
In Coun' Eod'" die
Read and concurred Rich'' Wahlron Cler Con.
In the House of Represen' 9'''' 27, 1724.
Voted That Peter Colcard lately returned from Cap-
tivity w''' the Indians obtained by his own Courage & in-
genuity and giveing such ace* of y® Indians proceedings as
may be advantageous to the Goverment & he being now
gone on an Expedition ag''' the Indians That he be allowed
and paid out of the Treasury a sum of ten pounds a pres-
ent from this Goverment when he returns.
James Jeffrey Cler asscm^
In Council Eod™ die
Read and Concurred. ■
Richard Waldron Cler Con
In the House of Rcpresen* 9'^'- 20"' 1724.
Voted That Joseph Smith 1)6 allowed and paid out of
the Treasury for Seventeen [p. 352.] days Service as a
Centinel James Jeffry Cler Assem
In Conn' Nov-" 27"' 1724.
Read and Concurred. Richard Waldron Cler Con
Adjorn'd til tomorrow 10 a Clock a : m:
Pro : N. Hamp'"''
At a Gen' assem held at Portsm" by
adjornment November 28"' 1724.
Present In Conn'
His Honour John Wentworth Esq''' Lieu* GoV
Sam' Penhallow ) Shad^ Walton ^
]\Iark Ilunking [ Esq'-^ Rich" Wibird VEsq'-\
GeorJaffrey ) Joth'^' Odiornej
156 PROVINCE OP NEW-HAMPSHIRE. [1724.
A Message to the board Ijy Mess""^ Tibbitts & Sanburn w"'
an answer to his Hon'' the Lieut Gov*'^ Speech as follows
3fai/ it Please Yo'r Honour
Your Honour assures us of yo'' reaclj^ness to promote tlie pros-
perity of this Province at all times which we acknowledge and
assure Your Honour that this house will Joyn with you to promote
the peace and prosperity of y^ Same.
We are Sorry That our forces Eastward were so disappointed
but Sliall cheerfully and readily defray the Charg-es of the Same:
and shall take all imaginable care either by taxing or Emitting
bills of Credit to furnisli the treasury w"^ a Sufficiency to defray
the Charges of the year past and to carry on the warr, and other
necessary charges of the Govei'ment for the year ensuing tho' It
must be attended with great difficulty, Ife being so very Expen-
sive, and Sliall see all the bills of Credit that is Call'd in burnt
according to the Acts requireing the Same.
As to the Exchanging the Defaced & torn bills of this Province,
"We desire some suitable Sumof mony may be put into the hands
of a meet person to Exchange the Same that so the Honour of the
Govermeut and the Credit of our mony may be Supported.
As to what your honour is pleased to mention Avith respect to
his P]xcellency Gov"" Simtes allowance. We always did when His
Excellency was in America make a far greater [p. 353.] allowance
than the Other Goverment of the Massachusetts considering the
difterent Circumstances of the Goverments both as to Extent and
people and when he returns our Governour we shall not onely
pay the res])ects to his person and Commission due, but shall con-
sider him with our Circumstances and allow him for any Service
while amongst us.
As to M'' Newman we have had no answers to our letters from
liim since we made him a present for the getting the triennial Act
past by which means we caunot Judge of any Service done.
Peter Wear Speak'
A Message to y® house by y'' Clerk to withdraw the vote
of Council (ab' y*^ Petition of the Commissioners of Hamp-
ton) sent down y® 25"' Instant.
A Message to the house pr M'" Jaffrey with the vote of
the house sent up y*^ 26'*^ Instant about Town Grants to be
reconsidered.
A Message to the house by y° Clerk with the Petition of
Doctor Alden & his ace' both preferr'd the 18"' Instant to
be first past upon there.
A Message to the board l)y Mess''^ Easman and Downing
with a Vote of the house for Striking and Emittino; three
1724.] JOURNAL OF GENERAL ASSEMBLY. 157
thousand pounds bills of Credit which was scut back by
Geo : JatTrey Esq'''' to be reconsidered.
Adjorned till the ninth day
of December
Next.
[p. 354.] Pro. N. Hamp'''^
At a Gen' assembly held at Portsm'^
by adjornment Dec'' 9'^' 1724.
Present In Council
His Honour John Wentworth Esq Lieu* Gov''
Sam' Penhallow ^ Rich'' Wibird ~^
Mark Hunking [-^ rs Arch'' Macpheadris 1-^, j.8
GeorJaffrey f^'^'^' John Frost f^^^
Shad^ Walton J Joth Odiorne J
Adjorned till tomorrow, 10 a'clock, a. m.
Pro. N. Hamp"^
At a Gen' assem held at Portsm" liy
adjornment Dec'" 10"' 1724.
Present In Council
His Hon^ John Wentworth Esq"' L' Gov'"
?am' Pehnallow "^ Rich" Wil)ird ^
]\Iark Hunking !-ri, re Arch i^facpheadris 1^ ,.s
GeorJaffrey f^^^ John Frost ^^^^
Shad^ Walton J Joth Odiorne J
A Message to the board by Mr Atkinson w'" the follow-
ing vote,
In The house of Represen' Dec 10'" 1724.
Voted, That There be two thousand pounds bills of
Credit of this Province forthwith Impressed and Sign'd off
by a Committe to be appointed by both houses for the use
of the Province, as the General assembly from time to time
shall order, and that the treasury lie sui)plyed from time to
time with such part thereof as the Gen' assembly Shall
order for the defraying the charges of the Province, And
158 PROVINCE OF NEW-HAMPSHIRE. [1724.
for a fund to defray the Same, that It be raised by a Tax
on y® Polls & Estates real and personal of the Inhaljitants
of this Province one tliousand pounds thereof in the year
1733 & one thousand in 1734, and when brought into the
Treasury to be burnt to ashes in the Presence of the Gen
assembly. The Bills to be paid in mony or Such Species
as shall from time to time be agreed upon by the Gen' as-
sem1)ly, and that an act be drawn up accordingly, and that
the Committe be allow'd & paid amongst them for the Sign-
ing thereof one & a half pr Cent.
James Jeffry Cler assem
In Coun' Eod'" die
Read and Concurred. Rich'' Waldron Cler Con
[p. 355.] A Message to the board by M€,ss''* Downing
and Tibbits with the following votes,
In The house of Represen* Dec-^ 10"' 1724.
Voted That James Davis Esq''® be paid out of the pub-
lick Treasury the Sum of Eight pounds Six Shillings in full
discharge of his Demands for his Service ab' y*" Province
line ttc James Jeffry Cler assem
In Conn' Eud'" die
Read and Concurred. Rich'' Waldron Cler Con
In The house of Represen' Dec-" 10"> 1724.
Yoted That the Reverend M'' Rust* be presented with
forty Shillings out of tlie Treasury for attending y* L* Gov''
Eastward as Chaplain <fec
James Jeffry Cler assem
In Conn' Eod'" die.
Read and Concurred
Rich" Waldron Cler Con
In The house of Represent Dec'' 10"' 1724
Yoted That James Jeffry be paid out of tb.e Publick
* Rev. ITcnry Utist or Kuss, of Stratliain, was seUled over the Congrogatioiial
churcl! in thai place ITls, ilicd 1740, aj^eil 03. lie went eastwanl to attend the fu-
iieral of Honieck, the Indian.
172i.] JOURNAL OF GENERAL ASSE.MDLY. 159
Treasury the sum of ten pounds for his Service as Clerk of
the assembly for y® year 1724, from y° 20"' of Nov' 1723 to
y« 29'" of Nov'- 1724, and that his lionour the Lieu' Gov'' be
desired to Issue out his warrant to the Treasury accord-
ingly & that sum to be in full for his years service.
Peter Wear Speak""
In Goun' Eod'" die
Read and Concurred Rich'^ Waldron
In Tlie house of Rcpresen' Dec'^ 10'^ 1724
Voted That one hundred pounds of the two thousand
pounds now to be impress'd be putt into the haiids of John
Gillman Esq'''^ by the Signers thereof to purchase Pork and
bread for the use of the Province to supjily the Scouts as
shall be sent to him from y'" Government
James Jeffry Cler Assem
[p. 350.] In Council Eodm die
Read and concurred.
Rich'' Waldron Cler Con
In the house of Represent Dec"" 10'" 1724.
Toted That John Plaisted Esq'« Cap' W" Fellows & W
Tlieodore Atkinson be a Committe of this house to Joyn
w'" a Committe of the upper house to receive & examine
tlic Province accounts in the recess of tlie assembly and
make tliem ready to lay Ijefore the Gen' assembly for allow-
ance next Sessions
James Jeffry Cler assem
In Council Eod die
Read and Concurred and Voted that Mark Ilunking
Rich'' Wiljird and John Frost Esq'" be of y'' Committee of
y" board for the Service aljove
Rich'' Waldron Cler Con
In the liouse of Rcprescn' Dec 10'" 1724.
Voted That Walter Warren be paid out of y'' Publick
Treasury forty two Shillings in full of his account on file.
James Jeffry Cler assem
160 PROYINCE OF NEW-HAMPSHIRE. [1724.
In Coun^ Eod"' die.
Read and Concurred.
Riclf' Waldron Cler Con
A ]\[essage to the board pr M"" Dennet w"' the following
vote.
In The house of Represen* Dcc^' 10* 1724.
Voted That Cap* William Fellows & W Theodore Atkin-
son be of y*' Committe of this house to Joyn a Committe
of the upper house to tell over the old broken defaced bills
of the first Impression that may be brought in this assem-
bly to Ijc burnt.
James Jeffry Cler assem
In Council Eod die
Read and Concurred & Voted that John Frost and Jo-
tham Odiorne Escf^ be of y° Committe from y*^ board for y^
Service above.
Rich'' Waldron Cler Con
Adjorn'd til tomorrow
10 a'clock A : M :
[p. 357.] Pro: N. Hamp^^
At a Gen' assem held at Portsmouth
by adjornment Dec'' 11"' 1724.
Present In Conn'
His Hon'- John Wentworth Esq'° L' GoV^
Sam' Penhallow"^ Rich" Wibird ^
Mark Hunking !-p, ^^ Arch'' Macpheadris I -p „
George Jaffrey [ "^ ^ John Frost [ ^
Shad'' Walton J Jotham Odiorne J
A Message to the board by Mess'^ Atkinson and Fellows
with the following vote.
In The house of Represent Dec'" 11"' 1724.
Voted That Every Souldier in the pay of this Province
in Scouting or Marching that will Supply himself with full
1724.] JOURNAL OF GENERAL ASSEMBLY. 161
provisions Shall be allowed and paid out of the Publick
Treasury twelve pence pr day for the Same.
James Jeffrey Cler Assem
In Coun Eod die
Read and Concurr'd
Eich'^ Waldron Cler Con
A Message to the board pr M' Atkinson w"' tlie following
Votes.
In The house of Represen* Dec'' 11'^ 1724
Voted That there be twenty pounds pr annum added to
the former Establishment of y® officers & Sould" at Fort
W" & Mary each one to have four pounds pr annum of Said
Sum paid him henceforward out of the Publick Treasury.
James Jeffrey Cler Assem
In Coun' Eod die.
Read and Concurred.
Rich-^ Waldron Cler Con
In the house of Represen' Dec 11"' 172-1.
Voted That John Plaisted Escf and M"- W" Fellows be
of the Committe of this house to joyn with such as thee
upper house Shall appoint for tlie drawing an act according
to the vote past yesterday for the Impressing two thousand
pounds for the use of y* Province as the Gen' assem' shall
see fit. James Jeffry Cler assem
In Coun' Eod die.
Read and Concurred and Geo : Jaffry & Arch*^ Macphea-
dris Esq" appointed from y° board for y" Service above.
Rich'' Waldron Cler Con.
[p. 358.] A Message to the board ])y Cap' Jn° Gillman
w* the following vote.
In The house of Represen' Dec-^ 11*'^ 1724.
Voted That M-" Speaker Wear & Jn° Plaisted Esq-"* be of
the Committe of this house to joyn with a Committe of the
upper house for the signing the two thousand pounds now
to be Impressed. James Jeflfry Cler assem
11
162 PROVINCE OF NEW-HAMPSHIRE, [1724.
Ill Council Eod die.
Read and Concurred and Mark Hunking & George Jaf-
frey Esq" appointed to Joyn tlie Gentlemen above for y^
Sarvice abrjve. Ricli'^ Waldrou Cler : Con
A Message to the board by Maj' Gillman and Cap' Tib-
bits w"' tlie following Votes.
In the House of Represen* Dec"" 11"' 1724.
Voted That there be Signed off of the two thousand
pounds now to be impressed the Sum of Seven hundred
pounds and put into the treasury for the payment of the
Sundry debts now allowed and remaining due from the
Province and other Contingent Charges that may happen,
and that His Honour the Lieu* Gov'' be desired to Issue out
warrants for y*^ payment of what is yet unpaid and for pay-
ment of the Contingencies
James Jaffry Cler assem
In Conn' Eodem Die
Read and Concurred.
Rich'^ Waldron Cler Con
In The house of Represen* Dec'' ll*** 1724.
Voted That Jotham Odiorne Esq"^® be allowed & paid out
of the Treasury the Sum of thirty four Shillings & o^ pence
James Jeifry Cler assem.
In Coun Eod die
Read and Concurred.
Rich'' Waldron Cler : Con
The Commitle appointed for Exchanging the defaced
broken bills of the old Impression delivered to the Gen
assembly of S'^ Broken bills two hundred and four pounds
&■ five Shillings which was burnt to ashes in Presence of
the Said Gen' assembly, of which S'' Sum the Persons who
Delivered the Same are hereby discharged (That is to Say)
[p. 359.] Rich^^ Wibird Esq'^'^ of the Sum of one
hundred & three pounds thirteen Shillings &
nine pence 103 13 9
1724.] JOURNAL OF GENERAL ASSEMBLY. 1G3
Geo Jaffrey Esq'"^ of thirty six p"'* Sixteen SliilP
& 3'' 36 1(3 3
Peter Wear Esq''^ of t^Yenty six p''* Eighteen ShilP
& 6" . 26 18 6
Joliii Gillman Esq'"'^ of thirty six p'^^ Sixteen ShilP
k 6'' 36 16 6
X204 5
John riaisted Esq""" one of the Committe for Exchang-
ing y'' broken defaced bills, D.elivercd to the Gen^ assembly
of said l)ills fifty one pounds Eight Shillings w''' was burnt
to ashes and of w=^' S^' Sum of Xol 8 The S'' Flaisted is
hereby discharged.
Adjorned till tomorrow 10 a'clock
a: M :
Fro. N. Ilamp^
At a General assemljly held at Portsm"
by adjornm't Dec'^ 12 1724.
Present In Goun^
His Honour John Wentworth Esq''® L* Gov''
Sam' Penhallow \ Rich" Wibird )
Mark Hunking > E.sq''^ Arch'' Macpheadris > Esq'''
Geo : Jaffrey ) Joth Odiorne )
Mark Hunking Esq one of the Committe for Exchang"
y" old l)roken bills D''^ to the Gen' assem' of S'^ bills twenty
nine pounds fifteen Shillings and Six pence w'^'^ was burnt
to ashes & ho is hereby discharged of y'' S*^ sum of £29 15 6.
A Message to the board by Mess'* Fellows and Tibbits
with the following votes.
In The house of Represen* Dec'' 12"' 1724
In answer to His Honour The Lleu*^ Governour and Gen'
assemldy of the Province of the Massachusetts, re(iuesting
our Joyning w'" them New York Connecticut & Road Isl-
and Governments in Sending Commissioners to Mons^ Yan-
drevil Gov'' of Canada, Resolved That His Hon' tlie
1G4 PROVINCE OF NEW-HAMPSHIRE. [1724.
Lieu' Gov'' be desired to Comraissionate a Suitable person
to represent this Government to Joyn w"' the Commission-
ers of tlie Governments afore said to go to Mons* Yandre-
vil Gov"^ of Canada and Demand of him all and Every of
His Majestys Sul)jects that have been captivated by the In-
dian Enemy and carryed into and detained in any part of
his Government & likewise demand y* the Said [p. 360.]
Governonr Vandrevil withdraw the Countenance and assist-
ance which in violation of the Treaty of Utrecht and con-
trary to the friendship & alliance between the two Crowns
he has given to the Said Indians in the Prosecution of their
unjust warr against His Majesty s Subjects of these Colo-
nies, otherwise if our friend Indians who have hitherto
been with difficulty restrained Should in pursuit of the En-
emy Indians commit hostilitys upon the french familys who
dwell promiscuously with them as have been by the french
Indians Committed upon y® Inhabitants of this Province,
the blame will be entirely oweing to his own Conduct and
likewise Inform him that if the Indians Shall Still persist
in the warr against us the Several English Governments
will find themselves oblidged with their united force (by
the help of God) to prosecute and pursue them to the ut-
termost, and Tiiat His Hon'' the Lieu' Gov'' be desired to
give his Instructions to The Comission'' according to the
above resolve. James Jeftry Cler assem
In Council Eod die.
Read and Concurred.
Rich"' Waldron Cler Con
In The house of Represen' Dec'' 12"' 1724.
Voted That y® Charges of y^ Commissioner to be ap.
pointed on the within Vote be Supplyed and paid out of the
Publick Treasury.
James Jeffrey Cler assem
In Coun Eod die
Read & Concurred
Rich'^ Waldron Cler Con
1724.] JOURNAL OF GENERAL ASSEMBLY. 165
111 the house of Represeii* Dec'' 12'*' 1724.
Voted That His Honour The Lieu' Gov"" haveing the
whole Goverment as Commander in Chief Still Continued
upon him be presented w* the Sum of one hundred pounds
for his Extraordinary Service done the Goverment in this
time of warr & that It be paid him out of the Publick
Treasury, and that he l)e also desired to Issue out his war-
rants for the Payment of y" allowances made this assembly.
James Jeffrey Cler assem
In Coun' Eod die
Read and Concurred
Rich'' Waldron Cler : Con
[p. 361.] A Message to the board by Mess""^ Fellows &
Atkinson with the following report and votes thereon.
The Committe of audit whose names are underwritten
haveing Examin'd the Several Muster Rolls that lay before
us Do report as followeth (viz)
IST" 1 a Muster Roll Sigii'd And^ Glidden allowVl ^108 16 4
2 a Muster Roll SiguVl Moses Xorris allow'd 97 7 7
3 a Muster Roll SiguVl Jon" Sauburn )
for wages .€72 10 10 - all'^
& vietualliug 41 9 3) 115 1
4 & 5 2 Muster Rolls sigu'd John Foot- )
man for 13 2 4 f- n\V^
and 32 12 8) 4y lo —
6, a Muster Roll signed Jos Roberts allowed 54 18 10
7, a Muster Roll Sign'd W" Jones allow'd 49 1 _
8 a Muster Roll Sign'd Al)rab Clark allow'd 11 7 (i
9 a Muster Roll Sign'd W"' Hill allow'd 17 2 8
10 a Muster Roll Sign'd .Ton" Prescott allow'd 50 3 4
11 a Muster Roll Si'un\l Ben)'' Wentworth allowed 99 13 2
12 a Porllege bill Sign\l Walter Stewart as Masf &
Steward in the Scooner Fortune w"" Cap* Went-
worth Eastward allow'd 17 4 6 17 4
£mi} 10 —
All the above Muster Rolls being Examin'd We find them right
Cast and well vouclfd amounting in all to Six hundred Sixty Six
pounds ten Shillings: And as to the twelve Small rolls following we
have examinVl them and find that they are transient Scouts, Ex-
cept Meeds X'^ 10, which we allow when Sworn to,
John Gillman Mark Ilunking
And*' Wiggin Rich'' Wibird '
Theo"--^ Atkinson Jn" Frost
166 PROVINCE OF NEW-HAMPSHIRE. [1724.
Ill The house of Represent Dec^ 12*" 1724
Voted The above return be accepted & that the Severall
Sums Carry'd off be paid out of the Publick Treasury to
the Persons against which S'' Sums are carry'd off.
James Jefifry Cler Assem
In Coun' Eod die
Read and Concurred.
Rich'^ Waldron Cler Con
[p. 362.] Sundry Small Muster Rolls Examined and re-
ferr'd to y'^Gen' assembly Numbered as in the Margin as
followeth (viz)
K° 13 2 Muster Rolls one Sigii'd Jon* Sauburu but 5
meu 3 days
& one John Sanburn 31 men 3 daj'S
14 Ditto Sigu'd Nath' Lad
15 Ditto Sigu'd James Leavit 20 men 3 days
16 Ditto SignVl John Meed
17 Ditto Sigu'd Jos: Weeks 50 men 4 days
18 Ditto Sigu'd Dan' Wear 40 men 6 days
19 Ditto Sigu'd Aud^^ Wiggiu 39 men 4 days
20 Ditto Sigu'd John Gillniau 31 men 3 days
21 Ditto Sigu'd Stepheu Greeuleaf 22 men 4 days
22 Ditto Sigu'd John Gillmau but 2 days
23 Ditto Sigu'd Thomas Davis 21 men 4 days
24 Ditto Sigu'd Beuj* Lamprey 17 meu 3 days
^57 5 10
In The House of Represen* Dec-- 12''' 1724.
Resolved That the above Sum be allow'd and paid out of
the Publick Treasury to the order of the Persons to whom
it be due.
James Jeffry Cler: assem
And That the Seven men whose names are written oi?
the right hand of Moses Norris's Muster roll be paid out of
the Publick Treasury for eight days each (more than is
Carry'd off in Said Roll) as Centinels
James Jeffry Cler assem
In Council Eod die
Read and Concurred
Rich*^ Waldron Cler Con
; —
15
4 13
4
3
5
5
10
10
6
7
16
4 lo
4
8
4
4
2
11
1724.] JOURNAL OF GENERAL ASSEMBLY. 1G7
In The House of Represen* Dec'' 12»i^ 1724.
Voted — That M' Edward Toogood be paid out of the
Piiblick Treasury the Sum of Seventeen Sliillings and Six-
pence in full of all his demands on his ace* on file.
James Jeffry Cler assem
In Conn' Eod die
Read and Concurred.
Richard Waldron Cler Con
[p. 363.] A Message to the board by John Gillman
Esq'" and Cap* Samuel Tibbits with the vote
In The House of Represen*
Dec'- 12"' 1724.
Resolved, That Susanna Small be allow'd and paid out
of the Publick Treasury the Sum of twelve pounds for
house rent fire and Candles for the Gen' assem & Court
from October 1723 to October 1724.
James Jeffry Cler assem
In Council Eod die
Read and concurred
Rich" Waldron Clor Con
The Two following Bills being Ingross'd <fc Prepared for
the Seal by order of the Gen* assem (viz)
1^' An act in addition to and for rendering more Effec-
tual an act made in y'' 13*"^ year of the reign of King Wil-
liam the third, entituled an act against trespassing in Town
Commons and an act made in the Sixth year of the reign
of Queen Ann Entituled an act for Preventing Trespasses.
2*^ an act for striking and Emitting the sum of two thous''
pounds publick bills of Credit.
The Same was Signed & Sealed and then His Ilon"^
was pleased to prorogue the Gen' assem and accordingly
they were
Prorogued till Wednesday the
5'" of May Next
168 PROVINCE OF NEW-HAMPSHIRE. [172^
Further Prorogued by Proclamation
till y« 17 of Said May
[p. 3i34.] Pro : N. Hami/"
At a Gen' asscm held at Portsm** by
Prorog* May 17"^ 1725
Present In Council
His Honour John Wentworth, Esrf*^ L' GoV^
Sam' Penhallow ) Shad-'' Walton )
Mark Hunking J Esq" Rich'' Wibird \ Esq'-^
Geo : Jaffrey ) John Frost )
Joth Odiorne Esq^'^
A Message to the house by the Clerk to require their
attend^ at the board, the Speak'r and house came up ac-
cordingly to whom His Hon'' the Lieu* Gov'' was pleas' d to
make y** following speech,
Gentlemen
I have lately rec'd letters from Gov"^ Shute who advises me that
the Court is so taken up w"^ aftairs of Greater moment, tliat he
finds great difficulty in finishing his business & that he will return
to New England so soon as he has the Kings Commands
M'' agent ISTewman's Memorial to M"" Secretary Walpole for
Stores to Fort William and Mary I shall lay before you, as also his
letter about the lines, which hope you will "take into consideration.
I have ordered a Small Scout of twenty men to range our fron-
tiers, but as yet made but little discovery. I suppose we shall
think it proper to make an addition of forty men to our Scouts.
We have often ;found by wofull Experience y^ sending small
numbers into y^ Country altho the Charge be more yet we act
^rth greater Safety and in the end find our account in it by dis-
courageing our Enemies & also the preservation of the lives of our
People.*
I would recommend to you the further Encouraging Volunteers
hy adding two Shillings & Sixpence pr day to tlie hundred pound
act for every day they are on Service.
There is in the Treasury one thousand & Seventy Six pounds
Sixteen Shillings whicli by act of Gen' assembly is to be burnt to
ashes this present Sessions and a Tax is to be laid on the Inhabit-
* There may be an allnsioii in tlic above to the blooilj' and disastrous fight between
Cai)t. John Lovevvell with Ids tlurty-fonr men, and the Indians, at PigwacUet,
on the 8th of May, 1125, the latter numbering, it is believed, not less than
seventy. For detaileii accounts of this terrible fight, see Penha/lnw's Indian Wars,
Farm. Hell:., pp. 'iOO^'^ri; Farm. Sf .Moore's Hint. Coll., }'n/. \. pp. 2(j-3G ; also a J'avi-
vh'ef I'lHtioii of R-.'.n. Thoni'xs ,'ii/inmes' Mcnuir of the jight, with notes by Rev. X. Bou-
toJi, (.'i'»C(>/-(/,'lbGl.
1725.] JOURNAL OF GENERAL ASSEMBLY. 1G9
ants for one thousand & Seventy Six pounds Sixteen Sliilliiifjs for
this Present Year in order to be burnt. These Sums have been
ah-eady postponed. Its the Honour of all Goverments to Execute
their own acts Especially what relates to mony.
[p. 365.] I must reccommend to your Consideration the Great
difficulty the Ministers of the Gospel labour under by the sink-
ing Credit of our paper mony whereby those that ten or twelve
years past contracted lor one hundred pounds pr year with their
Parishes have by y'^ debaseing of our paper Credit their Salaries
are reduced to fiity or Sixt}' pounds which very greatl}' atlecls their
familys A: must be a Great discouragement to them in their Min-
istry.
I'again reccommend to you that you'l think of some method that
may put a stop to Counterfeiting paper bills of Credit. They have
but a poor Credit at best & certainly they will yet be worse, in case
the practice of Counterfeiting prevail.
I Eec'd an Express from L' GoV Dummer giveing an ace' that
Cap' Lovel had met w"' a party of Indians at or near Pigwocket
which broke Cap' LoveFs Company in pieces. I have sent fifty
two men und'' Command of Cap' Jon* Chesley and to make the
best of his way to Ossab}' and Pigwocket, and there make diligent
Search for Cap' Lovel's Fort &c & to relieve any wounded men
they may meet in their way thither or Else where.
M"" Atkinson our Commissioner to Canada is returned and has
brought a letter from the Gov'' of Canada which was ordered to be
translated, and then Shall lay it before you, also what was trans-
acted b}' M"^ Atkinson.
I hope you will Consider the Expence of the war upon us and
make timely provision accordingly l)y enal)ling the Treasurer to
discharge y** Expensive war that now lies on us as also for the
Ilon'^''^ Support of this His Majestys Goverment.
May 17: 1725 Jx"^ Wextworth.
A Copy of the foregoing Speech behig desired by the
Speak'' the Same was presented him, & tlien He & the house
withdrew to their own Chamljer.
Adjorn'd till tomorrow 10 o'clock
A : M.
[p. 3G(3.] Pro : N. Hamp>-^
At a Gen^ assem held at Portsni" by
adjornm' May 18"\ 1725.
Present In Conn'
His Honour John Wentworth Esq Lieu' Gov"^
SanV Penhallow \ Shad'' Walton ^
Mark Hunking S Esq""" Rich'' Wibird > Esq"'*
Geo : Jatfrey ) Arch'' Macpheadris )
170 PROVINCE OF NEW-HAMPSHIRE. [1725.
A Message to the liouse by the Clerk w"^ a Yote of Coun-
cil for a Committe to Count over the bills of Credit now to
be burned, w'^'^ was returned by Mess'^* Tibbits & Dennet &
is as follows
In Conn May IS^^^ 1725
Voted — That Col° Walton and Cap' Macpheadris be a
Committe to Joyn with others of the house to Count over
the bills of Credit now to be burn'd and that It be done
with all convenient speed.
Rich'' Waldron Cler Con
Eod die In the house of Represen'
Voted That Mess''^ Eph^ Dennet & Theod--^ Atkinson be
of the Committe to Joyn with the Gentlemen above for
Counting over the bills of Credit now to be burn'd
James Jeffry Cler assem
Geo. Jaffrey Esq"'" laid the following receipts before the
board, and pray'd the Same might be entered in the Coun-
cil book which was ordered accordingly
(viz) Pro N. Hamp--^ Jan-"-^' 25 & feb^-^ 4* 1724,
Received of George Jaffrey Esq" from the Committe for
Signing bills of Credit for the Supply of the Treasury, the
Sums of Seven hundred pounds bills of Credit.
700<£ pr Sam^ Penhallow
Pro: N. Hamp^".
Rec'' of Geo : Jaffrey Esq from y* Committe for Signing
bills of Credit the Sum of one hundred pounds Pro : bills
pr order of the Gen^ assem on ace* of Provisions.
John Gill man
Adjorn'd till tomorrow
10 a' Clock A : m:
1725.] JOURNAL OP GENERAL ASSEMBLY. 171
[p. 3(37.] Pro N. Hamp'«
At a Gen' assem held at Port8m°
by adjornin' May 19'^ 1725.
Present In Coun'
His Hon"" John Wentworth Esq L^ Gov'
Sam' Penliallow ^ Rich'' Wibird ^
Mark Hunking 1 ^ Arch'' Macpheadris I p„' rs
GeorJaffrey f ^^^ John Frost (^^^
Shad'"^ Walton J Joth Odiorne J
The reverend M"" Hugh Adams presented a Manuscript
to the board entituled a Theosophical Thesis etc w*'* a
Preface (alias Dedication) directed to His Hon'' The L'
Gov"^ & Gen' assembly Praying the Countenance of the
Goverment for the printing of the Same, w'^'' was Sent
down to the house by the Clerk.
Adjorn'd till tomorrow
10 a' Clock A : M.
Pro N. Hamp'^*'
At a Gen' assem' at Portsm° by adjornm'
May 20*'^ 1725,
Present In Coun'
His Hon"^ John Wentworth Esq L* Gov"^
Sam' Penhallow ^ ^.^^^, ^^.^.^^^ .
MarkHmiknig \^ John Frost Esq-
Geo: Janrey f r^ir^T^ \
ShadMValton j Joth Odiorne )
A Message to the board by Mess''^ Easman and Downing
w"' Mr Adams Manuscript Sent down yesterday together
w*'^ a Vote thereon which was concurr'd with and is as fol-
lows.
In the house of Represen*
May 20"^ 1725,
Whereas the Reverend M'' Hugh Adams hath address'd
a Manuscript to His Hon'' the Lieu' Gov'' and General
assembly, Entituled a Theosophical Thesis &c av"' an ap-
pendix und' the title of remarkable Instances &c Praying
172 PROVINCE OF NEW-HAMPSHIRE. [1725.
the Countenance and Grant of the Goverra' for the Publi-
cation thereof
Now Forasmuch as the Contents of S'd Manuscript are
principally Controversal points of Divinity & Some Entliu-
siastical accounts of God's Judgements &c & therefore
more properly the object of Consideration for an Ecclesias-
tical than a Civil Council,
[p. 3G8.] Voted That The Reverend the Gospell Min-
isters of this Province be, and hereby are desired to take
the S*^ whole Manuscript under their Consideration, &
report to His Honour and the General assembly their
opinion thereon to the End that the Publication thereof
may be Countenanced or discouraged, and the S*^ Manu-
script disposed of as may be most for y® Glory of God.
James Jeffrey Cler assem
In Coun Eod die.
Read and Concurred
Rich'i Waldron Cler Con.
Cap' Sam' Weeks and others Presented a Petition to the
board directed to the Gen' assembly, Praying for an
Elargem' of the Parish of Greenland
Adjorn'd til tomorrow
10 a'clock: a : m.
Pro : N. Hamp^«
At a Gen' assem held at Portsm° by
adjornm' May 21^' 1725,
Present In Coun'
His Hon'' John Wentworth Esq L* Gov""
Sam' Penhallow ) Shad'' Walton )
Mark Hunking S Esq" Rich'' Wibird [ Esq"
Geo : Jaffrey ) Joth Odiorne )
A Message to the board by Mess" Downing and Tibbits
w"' the following Vote
In the House of Represen' May 21^' 1725
Whereas The Town of Lond« Deny hath lived under
1725.] JOURNAL OF GENERAL ASSEMBLY. 173
this Goverment for Several Years past, and liatli neither as
yet })aid any rates for the Support of the Goverment nor
Sent any ])erson to represent said Town in Gen' assembly,
Voted That The Govern'' be desired to Send a Precept
to Said Town of Lond-' Derry to Send a meet person to
represent Said Town in Gen' assem at the next fall Ses-
sions, and to bring a list of their rateable Estates that they
may be assessed accordingly.
James Jeffrey Cler assem
In Conn' Eod die.
Read and Concurred.
Rich'^ Waldron Cler Con
Adjorn'd till tomorrow 10 o'clock a. m.
[p. 369.] Pro: N. Harap''^
At a Gen' assem held at Portsm" by
adjornm' May 22"^ 1725.
Present In Coun'
His Hon'' John Wentworth Esq L'. Gov''
Sam' Penhallow ) -d- i a itt-i • i ■>
TVf I tT 1 • f 17 r« Riclr Wibird tt,
Mariv Hunkmg > Esq"^^ * i T»r i j • } Esq
p . T ff. \ Arch Macpheadris ) ^
A Message to the board by Mess" Fellows and Atkinson
w^"" the answer of the house of Represen* to His Honours
Speech (as follows)
Hay it Please Yor Hon^r
In Your Speech to this house you gave us advice of a letter from
Goveruour Shute of his return to Xew Eugland as soon as he has
the Kings Command. We are glad to hear of his health and when
he returns to jS'ew England our Gov'' as such we Shall receive him,
and as for M"" ^Newmans letter which Informs us of y^ difficulty he
meets w"' in attaining stores for the Fort Will'" & Mary and Sett-
ling the line between the two Provinces, We are sorry for our
Misfortune in that alfair We thank your Hon'' for your care and
Conduct in Sending a Scout of twenty men to guard our frontiers
& think proper to add to their number. As for the Encourageni'
of Voluntiers we shall take it into our consideration. As for y«
Mony which is in y'= Treasury to he buru'd, and wliat is to come in
for that end we shall take Effectual care to Execute all our Acts
174 PROVINCE OF NEW-HAMPSHIRE. [1725.
relatins: to that affair according to the Intent of them. As for the
Great Difficulty the Ministers of the Gospell labour under by rea-
son of the Sinking Credit of our paper bills we shall take all the
care that we can to recover y'' Currency of our bills and raise their
Value and hope that in the mean time all the Parishes within this
Province will Manifest that respect to their faithful Ministers as to
afford them a sufficient Support as being oblidged thereto by the
laws already made for thnt end. As for the misfortune of Capt
Lovel and his men We desire to be humble liefore God for so great
a frown of His Providence and [p. 370.] thank You"" Honour for
Sending a Company for y^ relief of any that may be yet alive.
We rejoice to see M'' Atkinson safe return'd from Canada, and as
for the letter he has brought from the Governour, we shall know
better how to answer when we know the Contents thereof, and
Shall take care to raise money for the war and the Hon'^''^ Support
of the Goverment.
James Jeflry Cler: assem
A Message to the board by Mess" Fellows and Atkinson
w"* ye following rcport and Votes.
May 21^' 1725 We the Committe of both houses ap-
pointed by Vote of Gen' assembly for Examining the Pro;
accorapts Do allow the Several Sums hereunto annexed
haveing Examin'd y® Same.
1. To Cap' Josh" Pierce for his vessel in y* Prov:
Service in full
2. To Cap' Frost's accompt for the Fort
3. To Cap' W" Fellows ace' for Expences
4. To John Wilsons ace' Ditto
5. To John Pencock for Cleaning arms
6
7. To Benj" Acreman for his Service in 1724
8. To M" Susanna Small for Supply of LoveFs Comp"^
9. To Ditto ace' for y^ Committe & Gov & Couu'
10. To Joth Odiorne Esq'"'' for charges & Printing bills
11. To Soloman Cottons ace' for Expences of y« Mili-
tia, 1725 1: 10: 7
To Cap' XatW Hill £4:4 to be paid him that Avas
allowed x'"" 12"^ in Gen' assem' for Thomas
Davis's Scout Hill haveing Supply'd out of the
Country Store
To Col" Hunking 5 days Examining y^ ace''
! To Col" Plaistecl Ditto Rich'' Wibird Es(i^ v'^ Same
' To John Frost Es(f« Ditto & Cap' W™ Fellows
[:20:
— :
—
32:
11:
8
3:
1:
1
5:
9:
2
1:
G:
—
7:
;
8-
11 ":
10
8:
9:
—
2:
— :
—
4:
4: —
1:
5: —
2:
10: —
2:
10: —
Mark Hunking
Eieh" AVibinl "
Jn" Plaisted i
W"' Fellows J
£100: 8: 4
!> Committe.
1725.] JOURNAL OF GENERAL ASSEMBLY. 175
May 21^' 1725, In the house of Rcpresen'
A^oted That the ahove returns of the Committe for audit-
ing y* Public accompts 1)0 allow'd and paid out of the Pub-
lick Treasury according as y" Several Sums are Caury'd otf.
James Jeffrey Cler assem
In Coun May 22<J 1725
Read and Concurred
Rich^ Waldron Cler Con
[p. 371.] A Message to the house by The Clerk from
His Hon'" The L' Gov'' w"' y« Letter which he had reC^ pr
M'' Atkinson from Gov*" Vandrevil of Canada.
A Message to the board by Mess'"^ Tibbits and Easman
with the following vote.
May 22*^ 1725 In the house of Represen*
Voted That all Publick bills of Credit of this Province
Pass in all public payments without the advance of five pr
Cent James Jeffrey Cler assem
In Coun Eod die
Read and Concurred
Rich-i Waldron Cler Coii
A Message to the house by Cap' Macpheadris and the
Clerk to adjoru y™ & accordingly they were
Adjornd till Tuesday next
the 24"' Instant.
Pro. N. Hamp''^
At a Gen' assem held at Portsm"
by adjornm* May 25"^ 1725
Present in Coun
His Ilon-^ John Wentworth Esq L* Gov"-
Sam' Pcnhallow ) Shad^ Walton )
Uavk Hunking [ Esq--^ Rich'' Wil)ird > Es(i"
Geo : Jaffrey ) Arch'' Macpheadris )
Joth Odiorne Esq''"
A Message to the board by Mess" Gillman and Sanburn
176 PROVINCE OF NEW-HAMPSHIRE. [1725.
with M'' Atkinson's ace* of Expences as Commiss'' to
Canada as on file & votes thereon as follow
May 22'' 1725 In the House of Represen*
Voted That M"^ Thed'" Atkinsons ace*' Ije allowed and
that the Sum of one hundred <fe Eighteen pounds fourteen
Shillings and Seven jjence the ballance thereof be paid out
of the Publick Treasury.
James Jeffrey Cler assem
In Coun May 25"' 1725
Read and Concurr''d
Rich'' Waldron Cler Con
His Hon'' laid before y^ board M'' Atkinsons report of his
negotiation at Canada w*^'' was read and taken back by his
Hon""
Adjorned till tomorrow 10 a'clock a : M :
[p. 372.] Pro N. Hamp^«
At a Gen' assem held at Portsm°
by adjornm* May 26'" 1725
Present In Coun'
His Hon^ John Wentworth Esq'"'' Lieut Gov^
Sam' Penhallow ) Rich" [Wibird] )
Mark Hunking [ Esq""*^ Arch" Macpheadris [ Esq"""
Geo : Jaffrey ) Jn° Frost )
Joth Odiorne Esq''*
Shad^ Walton Esq^''
A Message to the house by Col° Walton and Cap* Odiorne
w"^ a Vote of Council for Settling a Salary on y* Treasurer.
Adjorned till to morrow 10 a'clock a. m.
1725.] JOURNAL OP GENERAL ASSEMBLY. 177
Pro : N. Hamp'"'^
At a Gen' asseni held at Portsm'
l)y adjornm* May 27"^ 1725.
Present In Conn'
His Hon^ John Wen.tworth Esq^'^ L* Gov'^
Sam' Penhallow ^ Rich'' Wibird ^
Mark Hvmking Ip „ Arch'' Macpheadris 1-^ ^
Geo:Jaffrey' f^^'i John Frost f"^^
Shad^ Walton J Joth Odiorne J
A Message to the Jward l.»y Capt Downing with the fol-
lowing vote.
May 26^*^ 1725 In the house of represen*
Voted Tiiat andrew Wiggin Esq"" M^" Theod''^ Atkinson
and M"" John Sanburn be a Comniitte of this house to Joyn
w"' a Comniitte of the upper house to view the Stores now
lying in M"' Treas" liands according to the accompt that is
now made up by the auditors and make returns to morrow
ten of y*" Clock to the Gen' assem' what there is, and in
what Condition tliey find it tliat the assembly may order the
Sale of what is not fit for the Province Service.
James Jcffry Cler assem
In Conn' Eodm die
Read and Concurred and Col" Hanking Cap* Wibird &
Cap*^ Odiorne appointed to Joyn the Gentlemen above for
the Service above.
Rl,!bi Waldrnn Cler Con.
A message to the house by Geo Jaffrey Arch'' Macphea-
dris & Jn" Frost Esq""" with a Vote of Council for building
a State house at Portsm" which was immediately returnd
by Cap' John Gillman & M"" John Sanburn non concurr'd.
[p. 373.] A Message to the board by Mess" Gillman &
Sanburn w'" y*^ following Vote sent down yesterday.
In Coun May 2G"^ 1725.
Whereas The ace'* of M"" Treasurer Penhallow from time
to time laid before the Gen' assembly and Especially at y°
last anil present Sessions have appeared very Irregular in-
12
178 PROYINCE OF NEW-HAMPSHIRE. [1726.
tricate and much ])eri}lexed, which has Cost the Geii^ assem^
and Committe of audit many days (& is a great Expence
to the Province) in their attending the adjustment thereof
And whereas Sundry disputes have arisen about allowing
the five |)r Cent advance on the bills of this Province &g.
For the Prevention whereof for y*^ future Voted That the
S'd M' Penhallow dureing his Continuance in the office of
Treasu'' be allowed and paid out of the Treasury for his
Service therein after the rate of one hundred pounds pr
annum in full for his Said Service.
Rich-^ Waldron Cler Con.
May 27''' 1725. In The House of Representatives
Read and Concurred.
James Jeffry Cler Assem*.
A Message to the house by the Clerk w*^ the Petition of
Sam' Weeks and others preferred the 20*'^ Instant, which
was return'd by Cap* Gillman w"' a Vote thereon, the Peti-
tion is on file & y® Votes as follow.
In the house of Represen* May 27*^^ 1725.
The Petition read and Order'd That the Selectmen of
Portsmouth be Served w"' a Copy of the S"' Petition and
they do notifie the Town of Portsm" to appear the Second
day of the Sitting of the next Gen' assem' to show Cause if
any they Can why the prayer of the Petition may not be
granted.
James Jeffry Cler assem
In Coun Eo" die
Read and Concurred.
Rich'^ Waldron Cler Con
Adjorn'd till tomorrow
10 a' Clock a: m:
1725.] JOURNAL OF GENERAL ASSEMBLY. 179
[P. 374.] Pro : N. Hamp^"^
At a Gen^ assera held at Portsiu" by
adjorniii* May 2 S''^ 1725.
Present In Council
His Hon' John Wentworth Esq-"" Lieu* Gov'^
Sani^ Penhallow ) Shad-"^ Walton )
]\[ark Huuking J Esq""^ Rich^' Wibird \ Escf^
Geo Jatfrey ) Arch'' Macpheadris )
Joth Odiorne Escf*^
A Message to the board by Maj' Gillman <fe M"" Sanburn
with the following votes.
May 27, 1725 In the House of represen*
Voted That there be Signed off of the two Thousand
pounds now ready impress'd the Sum of one thousand
Pounds & Put into the Treasury for the payment of the
Sundry Debts now allowed and remaining due from the
Province, and other Contingencies that may happen, and
that His Honour the Lieu* Governour be desired to Issue
out warrants for the Payment of what Shall now be allowed
and unpaid.
James Jeffry Cler assem.
In Couni May 28"^ 1725.
Read and Concurred
Rich'' Waldron Cler Con.
In The House of Represen' May 28'" 1725
Voted That M'' Treasurer Penhallow do forthwith call in
all the Interest yet due to the Province on the Seventeen
hundred and thirty pounds loan and other dues, due to the
Province, and accompt for it at the next Sitting of the
assembly.
James Jeffry Cler assem
In Coun' Eodem Die.
Read and Concurred
Rich"^ Waldron Cler Con
In The house of Represen' May 28'" 1725
Voted That There be fifty three pounds Sixteen Shillings
ISO PROVINCE OF NEW-HAMPSHIRE. [1725.
Signed of the two thousand pounds last winter & paid to
the Treas"" to Satisfy liim fur y" fifty three pounds Sixteen
Shillings w'^'^ he allowed to the Constables in the last
yeai's rate of X1076. 16. Now to be burnt to ashes.
James Jeffry Cler assem
In Coun' Eodem Die
Read and Concurred
Rich*' Waldron Cler Con.
[p. 375.] In The House of Represen* May 28"^ 1725
Voted That There be a Tax of five hundred pounds laid
on the Inhabitants of this Province, and that It be brought
into the Treasury by the Middle of february next, in any of
the Province bills in New England, and That It shall be ap-
plyed for discharging the Support of the Goverment, as the
Gen' assembly shall order. And that an Act be drawn up
accordingly. And that Col° James Davis and Maj'' John
Gillman be of the Committee of this house to Joyii with
a Committe of the upper house to draw u]) the act accord-
ingly. James Jeffry Cler assem
In Coun Eod die
Read and Concurred & Geo Jaffrey Escf & Arch'' Mac-
pheadris Esq''" appointed for y'' Service above.
Rich" Waldron Cler Con
In The House of Represent May 28"' 1725
Voted That Each man named in Cap* Knights Muster
roll on file (being forty in all) be paid out of the Publick
Treasury the Sum of four Shillings Each man.
James Jeffry Cler assem.
In Coun Eod die
Read and Concurr'd.
Rich" Waldron Cler Con
A jMessage to the board l)y Maj'' Gillman with the follow-
ing vote.
In The tlouse of Represen* May 28''' 1725.
Whereas It doth appear to this house that M'' Theodore
1725.] JOURNAL OP GENERAL ASSEMBLY. 181
Atkinson liatli faithfully discharged the Trust reposed in
him in his negotiation lately to Canada The house returns
him thanks hereby for the same, and Ordered That There
be paid him out of y' public Treasury besides what is al-
ready allowed & paid him for his charges the Sum of fifty-
two pounds for his time in Said negotiation
James Jeffry Cler assem
In Coun' Eod die
Read and Concurr'd
Rich^i Waldron Cler Con
[p. 376.] Geo: Jaffrey Esq""® Laid A rec' before y'' board
Subscribed by M"" Treas"" Penhallow for fifty three pounds
Sixteen Shillings which the Committe for Signing y*"
£•2000 paid to the S'^ M^ Penhallow Pursuant to a Vote of
the Geji^ Assem' past this day.
Memorandum
This day M'' Treas"" Penhallow Delivered into the hands of the
Gen' asseml)ly one thousand & Seventy Six pounds Sixteen Shill-
ings which was burnt to ashes in their Presence viz £1070: 16:
Mem" Geo: Jaffrey Esq''® of and iu behalf of the
Committe of y® <£lo,000 Delivered into the hands
of the Gen' assem' three hundred jDounds twelve
Shillings and four pence which burnt to ashes in
y^ presence 300: 12: -i
Mem" Tlie Committe for Exh'^ y'' old broken bills
Delivered into the hands of y** Gen' Assem' y®
Several Sums carry'd off ag^' y*^ Several names
(viz)
From Col" Plaisted thirty Seven p'ds thirteen Shill^
Col" Wear forty pounds fourteen Shilb & Sixpence
Cap' AVil)ird Sixty Eight p''^ thirteen Shills & ;3'i
Geo Jaffrey Esq^^ Eighty four p'^^ Eleven ShilP & 3''
Col" Hunking nine pounds nine Shillings
in all am" to two hundred & forty one pound & one
shilling which was burnt to ashes in their presence ■£241: 1: -
In The House of Represen*
May 28"^ 1725.
Voted That Each of the above Persons l)e and hereby
37:
13
-
40:
U
G
G8:
13
3
84:
11
3
9:
9
-
182 PROVINCE OF NEW-HAMPSHIRE. [1725.
are discharged of the above S''' Sums as Carry'd off ag^'
their names
James Jeffry Cler assem
In Coun Eod die
E-ead and Concurred
Rich"^ Waldron Cler Con
A Message to the board by Col° Davis & M"" Sanburn w'''
the following vote.
In The house of Represen* May 28*^ 1725
Yoted That there shall henceforth be allowed to Each
souldier in the Pay and service of the Province in any
Standing scout for their use in the Summer insueing, forty
bullets & Six flints and for every three months one pound
of Powder and if any Souldier be Exchanged, he Shall re-
turn his bullets and flints that is not Expended in the Ser-
vice or pay for them.
[p. 377.] And if any Souldier be Exchanged in a little
time to return his powder to the man that comes in his
room or to his Commanding officer.
James Jeffry Cler assem
In Coun Eod die
Bead and Concurred.
Rich'J Waldron Cler Con
In The House of Represen* May 25"^ 1725.
For the Further Encouragement of Voluntiers to go out
against the Ind'n Enemy.
Voted That all Such Souldiers as Shall Enlist them-
selves into the Province service under proper officers to be
Commissionated by the Governour and Command'' in Chief
Shall have for encouragement besides the hundred pounds
bounty money for Scalps already allowed the Sum of two
Shillings & Sixpence pr day paid them (they finding them-
selves all necessarys) for every day they are scouting and
traveling in the woods, their Muster Roll to be allow'd by
the oaths of any of the Commissionated officers in the
1725.] JOURNAL OF GENERAL ASSEMBLY. 183
same service and also that if any of these voluntiers shall
happen to be wounded, in Said Service that the Care Shall
be paid for out of the Publick Treasury, and Those that
shall hap})en to bo maimed in S''' Service Shall be entituled
to the benefits that are allowed by the law of this Province
to impressed Souldiers that Shall be maim'd in the S''^
Service.
James Jeifry Cler assem
In Coun May 28*'^ 1725
Read and Concurred.
Rich"^ Waldron Cler Con
In The House of Represen* ]\[ay 27"' 1725.
Whereas there is in M'' Treas"" Penhallows hands Sundry
Stores returned out of the Sub-Commissary's hands & the
Eastern Expedition to the value of one hundred & thirty
six pounds nineteen Shillings & Eleven pence, & out Stand-
ing in Several Constables hands the Sum of forty pounds
five Shillings and tenpence, and in Gieenleafs and Glid-
dens acct^ fifty eight Shillings and Sixpence in all one hun-
dred & eighty pounds four Shillings and one penny :
[p. 378.] Now for the Preventing any difference in ac-
compts for y'^ future The Treasurer proposes that if the
Gen' Assem will make him allowance of twelve pounds out
of the aboves'^ Sum, The remaining sum of one hundred
Sixty eight pounds four shillings and one penny he will
take the same to his account & be debted therew"\
Voted That the above proposal be accepted and that the
Treasu"" be Charged w"' the Sum only of one hundred Sixty
eight pounds four Shillings and one penny in full of the
one hundred eighty pounds four shillings and one penny
for the Stores &c as in the ace' of particulars Dated May
26«' 1725.
James Jeffry Cler assem
In Coun May 28^'' 1725
Read and Concurred
Rich'' Waldron Cler Con
184 PROVINCE OF NEW-HAMPSHIRE, [1725,
A Message to the board by CoP Davis & M'' Sanburn w'^
a Tax bill for five hundred pounds Past in the house to be
Engrost which being Several times read at the board the
Council Concurr'd —
Adjorn'd till tomorrow
9 a' Clock A : M :
Pro : N. Hamp'^
At a Gen^ assem held at Portsm'* by
adjornm* May 29'^ 1725.
Present In Coun^
His Honour John Wentworth Esq L* Gov'^
Sam' Penhallow ) Shad'' Walton \
Mark Hunking \ Esq''^ Rich'i Wibird S Esq'"
Geo : Jatfrey ) Arch'' Macpheadris )
Joth Odiorne Esq"^
A Message to the board by Mess" Downing and Atkin-
son w*^ the following votes.
In The house of Kepresen' May 29"^ 1725
M"^ Clement Hughes came into this house and agreed to
farm the Excise and to pay for the Same from the 31" of
December 1723 to the 31^' of December 1725 The Sum of
three hundred pounds.
Voted That the Excise of this Province is hereby farmed
and lett unto the S'^ Clement Hughes for the S'^ Term for
y^ S'^ Sum of three hundred pounds to be paid by him into
the Treasury in full.
James Jeffry Cler assem
In Coun Eod die
Read and Concurred
Rich'' Waldron Cler Con
1725.] JOURNAL OF GENERAL ASSEMBLY. 185
[p. 379.] May 20"^ 1725 In The liousc of Represeu*
Allowances made as underwritten
(Viz)
To Cap' Andrew "Wiggin for himself & Thorn' Veasie
and Sam' Hilton four days Each not carry'd off in
his Muster Roll which was allowed l>y the assem-
bly last Sessions — : 12: —
To Benj* Lamprey omitted in his roll as supra — : 3: —
To M'' Rich"^ Waldron for his Service as Cler to the
Coun in y® year 1724: to April 1725 £'73: — : —
To Cap' Kath' Hill for dieting Tim" Blake and seven
men 3 weeks & 4 daj-s at 7s pr week £'10: — : —
To M'' Benj^ Gambling for Service as Sherriff in y^
year 1724 to April 1725 in full £13: — : —
To Cap' Hill for G91b pork he bought with his own
money at 7*^ pr £ 2: — : —
To M'^ John AVentworth as pr ace' for use of the boat
& Fort William & Mary £ 5: 14: —
£104: [): —
In The house of Represeii*
May 29'!' 1725
Voted That The above accompts be allowed and paid out
of the Treasury to the Several persons as above mentioned
the Several Sums as Carry'd off.
James Jeffrey Cler : assem
In Coun Eod die
Read and Concurred
Rich'' Waldron Cler Con
In The House of Represen' May 29"' 1725
Voted That The retnrn of the auditors on M' Treas^
Penhallow acc^^ be accepted and that the ace' be accepted
and allowed.
James Jeffry Cler assem
In Coun Eod die
Read and Concurred.
Rich'' W^aldron Cler Con
186 PROVINCE OF NEW-HAMPSHIRE. [1725.
Mem° The ballance due from
the Treas"" To the Province is
twelve p'^'' thirteen ShilP & 1<^
£12: 13: 1
[p. 380.] In The House of Represen*
May 29* 1725.
Whereas His Honour The Lieu* Governour hath the
whole Goverment as Commander In Chief Still continued
upon him
Voted That he Be presented with and paid him out of
the Treasury the Sum of one hundred & twenty pounds for
his Extraordinary care and Service done the Goverment in
this time of the warr.
James Jeffry Cler assem
In Conn Eod die
Read and Concurred
Rich^^ Waldron Cler Con
A Message to the house by the Clerk To require their at-
tendance att the board, the Speaker & house came up ac-
cordingly, and then the Tax bill Past to be Engross'd yes-
terday (Entituled An act to levy a Tax of five hundred
pounds on the Poles and Estates within this Province)
Being Prepared was again read, & then Signed & Sealed
in Presence of the Gen' assem. After which His Honour
was pleased to prorogue them and accordingly in his Majes-
tys name they were
Prorogued till the
23" day of Novemb"" next
Further Prorogued till y*" 13'" Dec'" next
( Geo Jaffrey 1
Present I Joth Odiorne > Esq^'
( Sam Penhallow i
1725.] JOURNAL OF GENERAL ASSEMBLY. 18'
Further Prorogued till y« 20"^ Ins*
( Geo Jafifrey )
Present < Ar : IMacpheadris > Esq"
( Joth Odiorne )
Further Prorogued till y® 27 Ins*
Sam^ Penhallow^
Present <(
Mark Hunking
Geo Jatfrey VEsq''
Shad'-' Walton
Joth Odiorne J
[p. 881.] Pro N. Hamp'^«
At a General assembly held at Portsm*'
by Prorogation Dec'' 27 1725.
Present In Coun
His Honour John Wentworth Esq L* Gov''
Mark Hunking ) -ni vs Shad'"^ Walton ) -^ „
Geo Jatfrey ) ^ Joth Odiorne
A Message to the house by the Clerk to require their at-
tendance at the Council board. The Speaker & house came
up accordingly to whom His Hon'' made the following
Speech.
Gentlemen
You have ou all occasions to my great Satisfaction shown your
readyaess to dispatch the puhlick affiiirs of the G-overment so that
I have not the least room to suspect it at this Sessions.
The treaty with the Indian Delegates at Boston lasted bej'oud
our Expectation which has put off this Sessions longer than usual
however the prospect we have of a lasting jieace will over ballance
that and I hope prove advantageous to this Province.
The articles of Peace agreed upon I shall lay before you for
your perusall which are to be further ratify'd and Confirmed at
Falmouth in Casco bay some time in y* month of May next.
M.' Kewraan our agent at y^ Court of Great Brittain advises me
since our May Sessions that he takes all opportunitys to Solicit S"^
Robert Walpole for the runing of the lines and for the Stores for
Fort William & Mary in all which he Expects Success.
188 PROVINCE OF NEW-HAMPSHIRE. [1725.
I would i:)ut you in naiud of making M"" agent Xewman a Present
for we have scarce allow'd liim enough to pay his Coach hire.
The five hundred pounds raised for tlie Supply of the Treasury
will go but a little way in discharging the Muster Rolls & M"'
Treasurers Victualling bill w"^** doubt not but you will take eft'ect-
ual care of & for the more honourable Support of this His Majes-
tys Goverm' J. Wentworth
[p. 382.] M'' Speaker desired a Copy of the foregoing
Speech & then he and the house withdrew to their Own
Chamber.
His Honour the Lieu* Gov'' laid before the Council a
Copy of the articles of Pacification agreed on with the
Indians at Boston which being read, the Same together
with a Copy of His Hon" Speech was sent down to the
House by Geo: Jaffrey & Joth Odiorne Esq".
Adjorned till to morrow at 10 a'Clock a : m :
[From Penhallow's Indian Wars.]
The suhmission and agreement of the delegates of the Eastern Indians.
Whereas the several tribes of Eastern Indians, viz. the Penob-
scot, [N'orridgwock, St. John's, Cape Sables, and other tribes inhab-
iting within his Majesty's territories of Xew England and Kova
Scotia, who have been engaged in the present war, from whom we,
Sauijiiaaram alias Sorun Arexns, Francois-Xavier, and Meyanumba,
are delegated and fully empowered to enter into articles of pacifi-
cation with his Majestys governments of the ^lassachusetts Bay,
JSTew Hampshire and Xova Scotia; have, contrary to the several
treaties they have solemnly entered into witli the said govern-
ments, made an open rupture, and have continued some years in
acts of hostility against the subjects of his Majesty King George,
within the said governments: they, being now sensible of the mis-
eries and troubles they have involved themselves in, and being de-
sirous to be restored to liis Majesty's grace and fovor, and to live
in peace with all his Majesty's subjects of the said three govern-
ments and the j^rovince of New York and colonies of Ct)nnecticut
and Rhode Island, and that all former acts of injury be forgotten:
have concluded to make, and we do, by these presents in the name
and behalf of the said tril)es, make our submission unto his most
excellent Majesty George, l)y the grace of God of Great Britain,
France and Ireland, King, defender of the faith, &e., in as full and
ample manner as any of our predecessors have heretofore done.
And we do hereby promise and engage with the Hon. 'AVilliam
Dummer, Esq. as he is Lieut. Governor and commander-in-chief of
his majesty's province of the Massachusetts Bay, and Avith the
Governors or commanders in chief of the said province for the
time being: that is to say —
1725.]
JOURNAL OF GENERAL ASSEMBLY. 189
We, the said delegates, for and in l)ehalf of the several tribes
aforesaid, do promise and engage — That at all times, forever, from
and after the date of these presents, we and the}' will cease and
torbear all acts of hostility, injnries and discord towards all the snb-
jects of the crown of Great Jiritain, and not ofter the least hurt,
violence or molestation to them or any of them in their persons or
estates, bnt will henceforward hold and maintain a firm and con-
stant amity and friendship with all the English, and will never
confederate or comlnne with any other nation to their prejudice.
That all the captives taken in" this present war, shall, at or before
the time of the further raliflcation of this treaty, be restored, with-
out any ransom or payment to be made for them or any of them.
That his Majesty's subjects the English, shall and may peacea])ly
and quietly, enter upon, improve and forever enjoy all and singular
their rights of land and former settlements, properties and pos-
sessions, within the eastern parts of the said province of the Mas-
sachusetts Bay, together with all Islands, inlets, shores, beaches and
fishery within the same, without any molestation or claims by us
or any other Indians, and be in no ways molested, interrupted or
disturbed therein.
Saving unto the Penobscot, Xorridgwock, and other tril)cs with-
in his Majesty's province aforesaid, and their natural descendants
respectively, all their lands, liberties and properties not l)y them
conveyed or sold to or possessed by any of the English subjects as
albresaid; as also the privilege of fishing, hunting and fowling, as
forraerl3^
That all trade and commerce which may hereafter be allowed
betwixt the English and the Indians, shall be under such manage-
ment and regulation, as the government of the Massachusetts
province shall direct.
If anv controversy or difference at any time hereafter happen to
arise between any of the English and Indians, for any real or sup-
posed wrong or injury done on either side, no private revenge shall
be taken for the same, but proper application shall be made to his
Majesty's governmenb upon the place for remed}' or redress there-
of, in a due course of justice. We suljmitting ourselves to be ruled
and governed by his Majesty's laws, and desiring to have the bene-
fit of the same.
We also, the said delegates, in behalf of the tribes of Indians in-
habiting within the French territories, (who have assisted in this
war) for whom we are fully empowered to Act in this i)resent
treaty, do hereby promise and engage, that they and every of them
shall henceforth cease and foi'bear all acts of hostility, force and
violence, towards all and every, the subjects of his Majesty, the
King of Great Britain.
We do further in the behalf of the Penobscot Indians jiromise
and engage, that if any of the other tribes intended to be included
in this treaty, shall notwithstanding, refuse to confirm and ratify
this present treaty entered into on their behalf, and continue or
renew acts of hostility against the English, in such case, the said
Penobscot tribe shall join their young men with the English in re-
ducing them to reason.
In the next place, we the afore-named delegates do promise and
190 PROVINCE OF NEW-HAMPSHIRE. [1725.
ingage with the Honora1)le John Wentworth, Esq. as he is Lieut.
Governor and comniauder-in-chief of his Majesty's province of
JSTeAV Hampshire, and with tlie governors and conimanders-in-cliief
of the said province for tlie time heing, that we and the tribes we
are deputed from, will henceforth cease and forbear all acts of hos-
tility, injuries and discords, towards all the subjects of his Majesty
King George, within the said Province; and we do understand and
take it, that the said government of New Hampshire, is also in-
cluded and comprehended in all and every of the articles afore-
going, excepting that article respecting the regulating the trade
with us.
And further, we the aforenamed delegates do promise and en-
gage with the Hon. Lawrence Armstrong, Esq. Lieut. Governor
and commander-in-chief of his Majesty's province of JSTova Scotia
or Accadia, to live in peace with his Majesty's good subjects and
their dependents in that government, according to the articles
agreed on with Major Paul Mascarene, commissioned for that pur-
pose; and further to be ratified as mentioned in the said articles.
That this present treaty shall be accepted, ratified and con-
firmed, in a public and solemn manner, by the chiefs of the sev-
eral eastern tribes of Indians included therein at Falmouth in
Casco Bay, sometime in the month of May next. In testimony
whereof, we have signed these presents, and atflxed our seals.
Dated at the Council Chamber in Boston in Xew England, this
fifteenth day of December, Anno Domini, one thousand seven hun-
dred and twenty-five. Anno Regni Regis Georgii Magnte Britt-
anite, &c. Duodecimo.
SAUGUAAKA3I Ci ^T^ alias SOEON
Arexits
Francois d^/T ^ Xavier
Megaxumba
A true copy taken from the original, executed by the Indian del-
egates before the General Assembly, December, 15, 1725.
Attest, J. Willard, Seer.
[1125,
1725.]
JOURNAL OP GENERAL ASSEMBLY.
191
Pro: N. Hamp''«
at a General assem held at Portsin" by
adjournm* X'^-^ 28"^ 1725.
Present In Coiin'
His Hon'' John Wentworth Esq''*^ Lt GoV^
Sam^ Penhallow ^ Shad* Walton )
Mark Hunking [ Escf' Jn° Frost [ Esq''
Geo Jaffrey ) Joth Odiorne )
A Message to the board by Cap' Jn° Gillman with the
following vote.
In The house of Represent Dec'' 28"' 1725
Voted That there be a Committe of both houses ap-
pointed to Examine the Muster Rolls and accompts of the
Province now brought in and That M'' Theodore Atkinson
and Cap' W" Fellows be a Committe of this house to joyn
with those of the upper house that shall be appointed for
the Said Service.
James JefFry Cler assem
In Coun Eod die
Read and Concurr'd & Geo Jaffrey & Jn° Frost Esq'^* ap-
pointed for the Service above.
Rich'' Waldron Cler Con
Joseph Lock and others Prefer'd a Petition to the board
directed to the Gen' assem Praying for a Precinct at Sandy
beach w*^'' was read and Sent down by Sam' Penhallow &
Geo Jaffrey Esq"
Adjourn'd till tomorrow
10 a' Clock a: m:
192 PROVINCE OP NEW-HAMPSHIRE. [1725.
[p. 383.] Pro N. Hara)/'=
At a Gen' assem held at Portsmouth
pr adjourm* Dec"^ 29, 1725.
Present In Conn
His Hon^ John Wentworth Esq''^ L' Gov^
Samuel Penhallow ) Shad** Walton \
Mark Hnnking \ Esq" Jn" Frost [ Esq™
Geo Jaffrey ) Jotli Odiorne )
A Message to the board by Mess" Downing and Sanburn
with the following vote.
In The House of Represen* Dec'' 29''^ 1725
"Whereas the act of Excise of this Province being near
expiring,
Voted That It be now revived for three years and that
all retailers Pay Sixpence pr gall"' & Taverners eiglit pence
pr gall" Excise & that none be free from paying Excise for
any quantity under twenty five gallonds and that an act be
drawn up accordingly, and that and"^ Wiggin Esq & M"^
Eph'* Dennet be a Committe of this house to Joyn w"* a
Committe of the upper house to draw up S'*^ act.
James Jeffry Cler assem
In Coun Eod die
Read and Concurr'd and Sam' Penhallow and Mark
Hanking Esq" appointed for y° Service above.
Rich^ Waldron Cler Con
A Message to the board by M'' \V™ Dennet w"^ an ace* of
Docf Joseph Pierce for Curing one of Cap* Lovell's men
amounting to X14 which was voted by y*" house to be dis-
mis'd & the Same was immediately Sent back to the house
by Sam' Penhallow & Joth Odiorne Esq" to be reconsider'd.
The Clerk of y" Council laid before the board the report
of the Reverend Ministers upon M"' Adams book entituled
a Theosophical Thesis &c w"^^ was read & a Vote of accept-
ance pass'd thereon & then the S''' Report & Vote were
Sent down to the house by the Clerk,
1725.]
JOURNAL OF GENERAL ASSEMBLY. 193
[p. 384.] A Message to the board by W Deiinet with
y^ following Vote.
Ill the house of Represent Dec"" 29, 1725
Toted That Maj"^ John Gillman and M^ Eph'* Dennet be
a Committe of this house to joyn w^'' a Committe of the up-
per house to tell over the money that is now to be brought
in to be burnt.
James Jeffry Cler assem
In couu Eod die
Read and Concurred and Shad'' Walton & Joth Odiorne
Esq" appointed for the Service above.
Rich'i Waldron Cler Con
xVdjorn'd till tomorrow 10 a' Clock a: m:
Pro N. Hamp™
At a Gen^ assem held at Portsm" by
adjournm* Dec'' 30^" 1725
Present In Couii
His Hon'" John Weutworth Esq'^' L^ Gov"^
Sam' Penhallow ) Shad^ Walton )
Mark Hnnking [ Esq^^ Jn" Frost [ Esq"
Geo: Jaffrey ) Joth Odiorne )
Adjorn'd till tomorrow 10 a'Clock a : M:
Pro N. Hamp^^
At a Gen' assem held at Portsm" by
adjournm* Dec*' 31^' 1725
Present In Coun
His Hon'' John Weutworth Esq''^ U Gov*
Sam' Penhallow ^ Shad^ Walton \
Mark Hnnking > Esq""* Jn" Frost > Esq""^
Geo Jaffrey ) Joth Odiorne )
A Message to the board by M'' Dennet with the following-
votes
13
194 PROVINCE OF NEW-HAMPSHIRE. [1725.
In the house of Representatives Dec*^ 31*'
1725.
Voted That there be impress'd forthw*'' two thousand
pounds bills of Credit on this Province & Sign'd by a Com-
mitte to be appointed by both houses, and by them paid in-
to the Treasury from time to time by order of the General
assembly for defraying the last years charges of the Gov-
erm* occasioned by the war & to repay the same. That
[p. 385.] it be raised by a Tax on the Inhabitants of this
Province one half in the year 1735 and the other half in y''
year 1736 & when brought into the Treasury to be burnt
to ashes in presence of the General assembly, The S'*^ Bills
to be repaid in Such Species as Shall be agreed upon by y^
General assem^ from time to time and that an act be drawn
up accordingly and That Jn" Plaisted Esq""^ & My Theo : At-
kinson be a Committe of this house to Joyn w'*^ a Committe
of the upper house to Sign otf the S''' bills and that the
S'd Jn° Plaisted Esq and Theo Atkinson be a Comitte of
this house to Joyn w'^ a Comitte of y® up}>er house to draw
up a bill accordingly.
James Jeffry Cler assem
In Coun Eod die
Read and Concurr'd and Mark Hunking and Geo JafFrey
Esq" appointed for y'^ Service above
Rich-i Waldron Cler Con.
In the house of Represen* Dec' 31^' 1725.
Voted That James Jeffry be paid out of the Publick
Treasury The Sum of ten pounds for his service as Clerk
of the assembly from y^ 19'" day of November 1724 to y*^
19'" day of Noveml/ 1725 and that he be paid the Sum of
five pounds for his service in Committes for auditing the
public ace'* & other Services done at Sundry times for y*
Publick. James Jeffry Cler assem
In Coun Eod die
Read and Concurr'd Rich'' Waldron Cler Con
Adjourn'd till tomorrow 10 a'Clock a. m.
1725.] JOURNAL OF GENERAL ASSEMBLY. 195
Pro N. Hamp'"'
At a Gen' assem held at Portsm°
by adjournm' Jan 1^* 1725
Present In Coun
His Hon'' John Wentworth Esq'^'' L* Gov^
Sam' Penliallow ) Shad'-* Walton )
Jilark Ilunking [ Esq''^ Jn° Frost | Esq"
Geo : Jaffrey ) Joth Odiorne )
[p, 386.] A Message to the board by M'' Sanburn w"' the
following vote.
In the House of Represen* Jan 1'' 1725.
The Persons that were chosen a Comitte to tell over the
old broken defaced bills of Credit that were brouglit in
from the Trustees for Exchanging the 5384^ Made their
return that there was bro't in and burnt in presence of y®
Gen' assem of that money the sum of one hundred ninety
Seven pounds fifteen Shillings (viz) from
Rich^ Wibird Esq''
Geo : Jaifrey Esq'^
Maj"" Gillman
CoP Plaisted
<£197: 15: -
Voted That Each Person be and hereby is discharged of
the Sum carry'd off ag®* his name
James Jeffry Cler assem
In Coun Eod die
Read and Concurr'd
Rich" Waldron Cler Con
A Message to the board by Cap' Downing w"' M' Adams
manuscript Entituled a Theosophical Thesis & The Minis-
ters report thereon w"' a Vote upon the S'" report, the S"'
Manuscript & report are on file & the vote is as follows
In Coun Dec 29"» 1725
Voted That the Report of the Reverend Ministers upon
the Manuscript above mention'd be accepted & that the
.£80
12:
3
£51
14:
9
£ 6
: 3:
-
£53
• 5:
-
196 PROVINCE OF NEW-HAMPSHIRE. [1725-.
Reverend Gentlemen have the thanks of the Goverment for
the Same, and Ordered that the S"^ Manuscript be lodged
in y° Secretary s office & that the Clerk of y® Council be and
hereby is directed not to give a Copy of the S'*^ Manuscript
or any part thereof directly or Indirectly to any person on
any pretence whatsoever without y'' leave or Consent of the
Gen^ assem' for the Same.
Rich'' Waldron Cler Con
In the house of Represen* Jan 1^' 1725
Read and Concurred.
James Jeffry Cler assem.
Adjourn'd till Wednesday next 10, aClock a: m:
[p. 387.] Pro N. Hamp^«
At a General assem held at Portsm''
by adjorn' Jan 5 1725.
Present In Coun
His Hon'^ John Wentworth Esq L' Gov'
Sam' Penhallow ) Shad--^ Walton | ^ ,,
Mark Hunking [ Escf^ Joth Odiorne j ^"^^
Geo : Jaffrey )
A Message to the board by Cap* Gillman w"' the follow-
ing vote.
In the house of Represen* Jan 5'*' 1725.
There was brought in and burnt in the General assem
the sum of fifty three pounds eight Shillings & ninepence
of the five thousand three hundred Sc Eighty four pounds
from Maj"^ Jn° Gillman one of the Trustees for Exchanging
that money and the S''' Jolm Gillman is hereby discharged
of the S''' Sum of fifty three pounds eight ShilP & nine-
pence
James Jeffry Cler assem
In Coun Eod die
Read and Concurr'd
Rich^ Waldron Cler Con
1725.] JOURNAL OF GENERAL ASSEMBLY. 197
The Petition of Thomas Packer and others Praying for
a Township at Winnipishoky pond read at the board and
order'd to lye for Consideration till next Spring.
A Message to the board by Cap' Gillman w"' y'' represent^
answ'" (To y*" L' Gov"^^ Speech) as follows.
May it Please your Ilonr
As yC Hon"" has been pleased to Express your Satisfaction of
Our former Conduct we hope for tlie future Our actions and de-
meanour Shall be Such as Avill be acceptable to the Province, pleas-
ing to j'our Honour & recommend us to His Majestys favour.
We beartyly Congratulate Yo'' Hon" Safe return from the Treaty
of Peace, and tbo yo"" absence might seem long upon some accounts
yet the Good eftect tliere of the prospect of a lasting Peace has
fiird Our hearts with joy and satisfaction having view'd y^ articles
of Peace your Hon"" laid before us w"' Pleasure.
We Shall do our Utmost endeavor to find out wayes and means
for y« Supply of y° Treasury & for y« Hon'^'<' Support of y*' Goverm'
Jan 6, 1725
John Plaisted Speak'" Pro Temp
Adjorn'd till tomorrow
10 a'Clock a: M.
[p. 388.] Pro N. Han^^
At a Gen^ assem at Portsm" Jan 6*^
1725 by adjonrm'
Present In Coun
His Hon"" John Wentworth Esq'"'' L' Gov^
Sam' Penhallow ) Shad'-^ Walton )
Mark Hnnking S Escf' Jn° Frost [ Esq"
Geo : Jatfrey ) Joth Odiorne )
Geo Jaffrey Esq'^ laid the following receipts before the
board w°'' were ordered to be entered (viz)
Pursuant to a Vote of the General Assembly of y'' 28"^
of May 1725 for Signing and pnting into the Treasury one
thous'' pounds Province bills — Received of George Jaffrey
Esq'" from the Committe for Signing Said bills the Sum
of one thousand pounds — 1725.
£1000 Sam' Penhallow
198 PROVINCE OF NEW-HAMPSHIRE. [1726.
Received of the Committe for Signing bills of Credit
fifty thre'> pounds Sixteen Shillings pr order of the General
assem^ May 28"' 1725
£53 : 16 pr Sam' Penhallow
Adjourn' d till tomorrow
10 a Clock a: m.
Pro N. Hamp^^
At a Gen' assem at Portsm" pr
adjournm* Jan''^' V" 1725-6
Present In Coun
His Hon' John Wentworth Esq' L' Gov'
Sam' Penhallow ) Shad^' Walton )
Mark Hunking S Esq'^ Jn*' Frost > Esq'"
Geo : Jaffrey ) Joth Odiorne )
A Message to the board by Cap' Wentworth and M' San-
burn w"" y® Petition of Docf Alden as on file and the Sev-
eral Votes following
In The house of Represen* Jan^^ 6*'' 1725-6
Voted That Thomas Alden be allowed & paid out of the
Publick Treasury in full of his ace' the Sum of Seven
pounds three Shillings & Sixpence.
James Jeffry Cler assem
In Coun Jan'^' 7"^ 1725-6
Read and Concurr'd
Rich'' Waldron Cler Con
[p. 889.] In The house of Represen' Jan 7, 1725
Voted That Thomas Harvey be allowed and paid out ot
the Publick Treasury ye Sum of Six pounds in full of his
ace' James Jeffry Cler assem
In Coun Eodem die
Read and Concurr'd
Rich'i Waldron Cler Con
In the house of Represcn' Jan 7, 1725
Voted That Matthew Clark of Lond° Derry be paid out
172G.] JOURNAL OF GENERAL ASSEMBLY. 199
of the tlioupand Seventy Six pounds Sixteen Shillings tax
next to be burnt the Sum of four pounds four Shillings and
Sixpence for so much of this Province money burnt in his
house. James Jeffry Cler assem
In Coun Eod die
Read and Concurr'd
Rich'^ Waldron Cler Con
We whose names are Subscribed being appointed a Com-
mitte by the Gen^ assem to audit y® accompts of the Prov-
ince of N. Hamp^® that lay before them at their sessions in
Dec"" and Jan"^-' 1725-6
Do report as follows
2sr° 1, A Muster Roll for Service done under the
command of Cap' Jn*^ Giliman being sworn to
and right Cast allow'd to be p'd out of the
Treasury. £'o55: 11: 2: 1
2 Ditto for Ditto under the Command of L' Tris-
tum Herd allow'd £75: 13: 5: 1
3 Ditto for Ditto under y'= Command of Cap'
Che.sley allowed £48: 14: 8: -
4 Ditto for Ditto under y^ Coniand of Serg'
Abraham Clark allowed £31: 1: 4: -
5 Ditto for Ditto Sign'd pr Sarg' Sam' Hilton
allowed £14: 10: 7: -
[p. 390.] 6. Ditto for Ditto und'' y« Command of
Cap' Geo Walker refer'd to the Gen' assem they
being troopers and no establishm' by y** law
7 An ace' Signed by Jn° Giliman ft)r ammuni-
tion expended in the Service am'^ to £19: 1: 6
allowed £18: 3:
8 An ace'' Sign'd James Stevens for pasturing
horses allow'd 1 : 1 :
9 An ace' Sign'd Benj"^ Thing for haj- & Gates
am" to 22 9s allowed " £l: 1:
10 An ace' Sign'd Xath' Lad for Transporting
provisions am" to o7s allowed £l: — :
11 an ace' Signed liy M"" Treas'' Penhallow for
Sundry expresses and wolves heads & mony
p''^ Col" "Walton to prepare for his voyage east-
ward allowed " £20: 19: 6: -
12 an ace' Sign'd by M'' Treasurer Penhallow for
provision & ammunition for y« Several Scouts
am" to £274: 17: 7 allowed £273: 11: 7: -
13 an ace' Sign'd Paul Gerrish for Sundry Provi-
sions & Service in delivering the same allowed
in full discharge thereof £5: 14: -: -
200 PROVINCE OF NEW-HAMPSHIRE. [1726.
14 an ace* for Sumlrv Expences in Going to Bost°
with lais Hon"' the Lieu' Gov'' on a Treaty of
Peace w"* tlie Indians refer'd to y" General
Assembly Cap' Frost & Theo: Atkinson being
on tliis Comitte and lilcewise at Boston at y"
Treaty.
15 an ace' for Victualling the Scouts in the Ser-
vice Sign'd by Maj'' John Gillman amounting
to £-283: 17: il & "he having rec'd 2U(L€' and
Deducting 2d pr diem on 1527 days for one
man allow'd to be p"d in full of Said Accomit £71: 3: 5: -
Since which The Said Gillman hath declared
that he lost 15 Score weight of Pork l)y reason
of y*" hot weather W^'' he kill'd for y*^ Service of
y*^^ Province and w*^'^ we recommend & refer to
yo"" consideration.
16 an ace' Signed by Cap' Jn° Gillman for Sundry
provisions &c for his Scout am" to ^10: 10: 2,
deducting £G. paid by y<^ Treasu'' allow'd in full £10: 18: r-: -
There being left in his hands 1: — : 19 w'
of bread on ace' of y** Province
W™ Fellows Geo Jaifrey
Theo: Atkinson Jn" Frost
[p. 391.] In The house of Represen' Jan 6"^ 1T25-6
Voted Tliat the above return of y*^ Committe be allowed
and paid out of the Publick Treasury according to the
Several Sums carry'd off and that there be allowed & paid
out of the Publick Treasury for His Hon*^ and the Gentle-
mens expences at Boston besides the thirty pounds already
paid the Sum of Seventy Seven pounds and Eight pence in
full of y* ace' brought in. and that Maj"" Jn° Gillman be al-
lowed the Sum of five pounds Six and eight pence for the
loss of sixteen Score weight of Pork as in y® 15*^ Ace* And
that Cap* Jn'^ Gillman be allowed and paid the Sum of ten
pounds eighteen Shillings in full of his ace* N'^ 16 without
accounting for y*^ 1"'' : — : 19"^ of bread left in his hands.
James Jeffry Cler assem.
In Coun Jan. 7, 1725-6
Read and Concurred
Rich'i Waldron Cler Con
In The House of Represent Jan 7*^ 1725-6.
Voted That Col" Walton be allowed & paid out of the
1726.] JOURNAL OF GENERAL ASSEMBLY. 201
Publick Treasury nine pounds ten Shillings in full of the
Avithin ace* for his Journey & Charges to y^ Eastw*^ and that
Xath^ Lang be allowed Centinels wages for 31 days with
CoP Walton.
James Jeffry Cler assem
In Coun Eod die
Read and Concurr'd
Rich'^ Waldron Cler Con
In The House of Represen' Jan 7, 1725-6
Voted That Mrs Susanna Small be allowed & paid out of
the Publick Treasury y'' Sum of Eighteen pounds (besides
ye 12£ already allowed her) for house rent fire & Candles
from y'^ first of October 1723, to y" first of October 1725
for y* Gov' Coun assem and Courts.
James Jeffry Cler assem.
In Coun Eod die
Read and Concurr'd
Rich" Waldron Cler Con
[p. 392.] In The House of Represen' Jan 7, 1725.
Voted That The Sum of five hundred })Ounds be im-
press'd (w^'' the Two thousand pounds voted this Sessions
to be emitted) for y° Exchanging any broken bills of Credit
of this Province (of any impression Since y'' year 1715)
and that three hundred pounds of it be immediately priut-
ed, Sign'd off & put into the treasury for that end.
James Jeffry Cler assem.
In Coun Eod die
Read and Concurr'd.
Rich^' Waldron Cler Con
In The house of Represen* Jan 7, 1725
Voted That there be sign'd off of y'= two thousand
pounds now to be impress'd the Sum of nine hundred
pounds and put into the Treasury for y* paym^ of the Sun-
dry Debts now allow'd and due from the Province and other
Contingencys and that His Honour the L' Gov"" be desired
202 PROYINCE OF NEW-HAMPSHIRE. [1726.
to Issue out warr*^ for y* paym* of what shall be now allow'd
& unpaid.
James Jeffry Cler assem.
In Coun Eod die
Read and Concurr'd
Rich" Waldron Cler Con
In The House of Represen* Jan 7, 1725
Voted That Cap* Sanburn be allowed and paid out of the
Treasury thirty three Shillings in full for Grass hay &c for
Cap* Walker's Troop.
James Jeffry Cler assem
In Coun Eod die
Read and Concurred.
Rich'i Waldron Cler Con.
In The House of Represen' Jan 7, 1725
There was brought to the Gen' Assembly and burnt the
sum of nineteen pounds, fourteen Shillings [p. 393.] and
Six pence (of y® <£5381) by CoP Hunking one of the Trus-
tees for Exch^ that mony, and the S"' CoP Hunking is
hereby discharged of the S'*^ Sum
James Jeffry Cler assem.
In Coun Eod die
Read and Concurr'd.
Rich'^ Waldron Cler Con
Adjourn'd till tomorrow 10 a'Clock a : m :
Pro N. Hamp"
At a Gen' assem. held at Portsm" by
adjornm' Jan'-^' 8"^ 1725-6.
Present In Coun
His Hon'" John Wentworth Esq-"" L' Gov""
Sam' Penhallow ^ Shad^ Walton | ^^ „
Mark Hunking > Esq" Joth Odiorne \ *^
Geo. Jaffrey )
A Message to the board by Mess" Dennet and Atkinson
w"^ the following votes.
1726.] JOURNAL OF GENERAL ASSEMBLY. 203
111 The House of Represen* Jan 8*'^ 1725-6
Voted That Benja Acremaii be allowed <fe paid out of the
publick Treasury the Sum of three pounds more than form-
erly allowed him for this Present year not to be paid till y^
year is up, and that for y*^ future he be allowed and paid
out of y"" Publick Treasury (after y" Present year) the Sum
of ten pounds pr annum for his attenda on the Gov'' Coun^
and assembly.
James Jeffry Cler asseni
In Coun Eod die
Read and Concurr'd.
Rich'' Waldron Cler Con
In The House of Represen* Jan 8, 1725-6
Voted That M' Eleazer Russel Print all Acts that are
made already and not printed & that are not Expired, that
are made Since y^ year 1721, & That he be allowed and
paid out of the Publick Treasury y^ Sum of 35s pr Sheet
and so in proportion for a longer or Shorter print, and that
he Supply each Town in the Province w**" one and every
member of y'' Council and assem. w"^ one gratis.
[p. 394.] And that the Clerk of the Council be directed
to give him Copy's of the S''^ Acts (and made this Ses-
sions) for that end.
James JefFry Cler assem.
In Coun, Eod die
Read and Concurr'd.
Rich'' Waldron Cler Con
In The House of Represen* Jan 8, 1725
Voted That there be paid out of the Publick Treasury
for the head of every grown wolf thirty shillings besides
what is already allow'd w'^'^ will make the Sum of four
pounds for every wolfs head kill'd as above.
James Jeifry Cler assem.
In Coun Eod die
Read and Concurr'd
Rich'' Waldron Cler Con
204 PROVINCE OF NEW-HAMPSHIRE. [1726.
In The House of Represen* Jan 8, 1725
Yotod That the Excise of this Province be fann'd to the
highest bidder (that is a Suitable qualified person) for
three years from the date hereof, and that the Person or
Persons that farms it give Security for the Payment yearly.
And That a Comitte of both houses be appointed to meet
at y^ Court hoiise in Portsm° on y*^ 19'^ of this Instant Jan''^
at ten of the Clock in tlie forenoon, to let out the same ;
and that Publick notifications be sot up in every Town in
the Province to notify it accordingly, and that M"" Eph*
Dennet & Cap' Benj^ Wentworth be a Committe of this
house for that end. James Jeffry Cler assem.
In Coun Eod die
Eead and Concurred and Geo: Jaffrey & Shad^ "Walton
Esq^'' appointed for the Service above.
Rich^^ Waldron Cler Con.
[p. 395.] Memorand. Several Votes being Pass'd for
hearing and suspending y® hearing of Sandy beach &
Greenland Petitions as on file. It was at last resolved
That The hearing on the S'' Petition Should be Suspended
till y* Second day of y® next Spring Sessions, and that all
Partys Concern'd Should be notifyed thereof & Served w*'^
a Copy of the S'' Petitions respectively.
A Message to the board by Mess'^ Tibbits, Gillman, and
Atkinson w"' the following vote.
In The house of Represen' Jan''^' 8"^ 1725-6.
Whereas His Hon'' the Lieu' Gov'' hath had y^ whole
Goverm' as Commander in Chief Still Continued upon him
Voted That His Hon'' be presented with and paid out of
the Publick Treasury the sum of one hund'' and twenty
pounds for his Extraordinary care & Service done in the
Goverm' in this time of the warr.
James Jeffry Cler assem.
In Coun Eod die
Read and Concurr'd.
Rich^ Waldrou Cler Con
172G.] JOURNAL OP GENERAL ASSEMBLY. 205
A Message to the house pr the Clerk to require their
attend'' at the board, The Speak'^ & house came up accord-
ingly and the following Bills being read Sign'd & Seald in
Presence of y° Gen^ assem viz.
An act granting to His Majesty an Excise on Several
liquors cfc
An Act for Striking and Emitting a further Sum of two
thousand pounds Pnblick Bills of Credit & 500<£.
His Hon'' was pleased to prorogue the Gen^ assem and
accordingly y^' were,
Prorogued
To Monday y'' 11"' April 1726
[p. 396.] Pro N. Hamp''^
At a Gen' assem held at Portsm" by
Prorogation April 11"^ 1726.
Present In Coun
His Hon'- Jn° Wentworth Esq'' L' Gov^
Mark Hunking ) Rich" Wibird )
Geo : Jafifrey [ Esq''« Tho' Westbrook [ Esq'''
Shad-'' Walton ) Joth Odiorne )
A Message to the house by the Clerk to require their at-
tendance at the board the Speak'' and house Came up ac-
cordingly to whom His Hon'' was pleased to make the fol-
lowing Speech
Oentle.
Being seusU^le that at this Time of y<' year yo"" concerns at home
do in a more particular manner require j'ou there, and for tliat
reason I liave determin''d to make this session as Short as our pub-
lick aflfairs will admit of.
One design I had in calling you .together was that ^ve might ap-
point Suitable Persons from both houses to Joyn the ]SIass'' in rat-
ifying and confirming the Peace at Casco bay in May next the
Time that was flx^d on at our treaty with the Indians at Boston.
L' Gov'' Dummer Signifys to me That he reC^ a letter from Loron
a Principal Sagamore at Penol^scot which is supposed to be wrote
by the Jesuit dated y<^ 27 of March l)y which he finds the french are
endeavouring to overthrow the Treaty we had at Boston, but this
is no more than I Expected from the french, and I am persuaded
that all their Measures will prove ineflectual.
206 PROVINCE OP NEW-HAMPSHIRE. [1726.
I would Urge it as a Matter of the last importance to this Prov-
ince that we give directions to Our Agent to make the Closest ap-
plication at y'' Court of Great Brittain to obtain a Settlem' of the
lines between the Two Provinces & It will be very much for Our
honour and Interest to make a larger allowance for Our agent if
we expect Success, for in Soliciting on all occasions it must be ex-
pensive, and what has been hitherto allowed you can't reasonably
think Sutiicient to Carry on our busyness.
[p. 397.] The Mass'' are dayly incroaching on us a late Instance
we have in Voting a Township should be Erected and Settled at
Pennycook which will certainly be in the very bowels of this Prov-
ince & will take in the most valuable of Our lands.
I would therefore recommend this Matter to yo'' mature Consid-
eration and am persuaded that you will Consult Such measures
that may be not onely Serviceable but for the Honour of His Maj-
estys Province W'' I assure y° I shall cheerfully imbrace.
I have lately represented tliis affair to the Lords Commissioners
for Trade and Plantations & have transmitted the best & Exactest
draught of this Province Merrimack river and the Scituation of
Pennecook to their Lordships praying their favour in obtaining a
Settlem* of the lines giving Instances wherein it highly Concerns
y^ Interest of y"^ Crown.
It is with a Great Deal of Pleasure that I now tell you of His
Majesty's Safe return to His Kingdome the Success of his ^STegoti-
ations abroad y*^ Arm & Strong alliances he has made for y^ Secu-
rity of y" Nation demands our thankful acknowledgm'% and on this
Occasion It is Our Duty to address His Majesty, I would recom-
mend it to you that a Committee of both houses be Chosen and
appointed for that end. That an address be drawn up and humbly
presented to the King by Our agent.
You will take Care that what bills of Credit are to be burnt to
ashes at this Sessions by act of Gen' assem. must be Comply'd with
and that Proper care be taken for y^ Calling in one thousand and
Seventy Six pounds 16s bills of Credit for this Present year 1726,
and if you can think of any thing that may be for the Interest of
y= Crown and the Service of the Province I once more assure you
that I am ready to do everything in my power.
J. Wentworth.
The Speak' desired a Copy of y® foregoing Speech & then
he and the House withdrew to their own room.
[p. 398.] Nath^ Wear Esq appear'd at the board and
Presented a Petition praying to have the Falls-Parish at
Hampton made independant of the old Parish, w*^"^ being
read was pass'd npon by the (youncil and sent down for
Concurrence by y*^ Clerk.
A Message to the board by Mess" Downing & Dennet w"'
the Petitions of Nath^ Wear Esq""* as on file & a Vote there-
on as follows.
1726.] JOURNAL OF GENERAL ASSEMBLY. 207
111 Conn Aprill 11, 1726.
Voted Upon reading the Petition of Natli' Wear Esq
That the Selectmen of the first Parish of Hampton he
Served forw"^ w"^ a Copy of S'' Petition hy the Petitioners &
be notifyed that the hearing upon S''' Petition is appointed
to be on thursday next at 10 a'Clock a : m : that they may
Convene the S"' Parish to Chnse an agent or agents to ap-
pear before the Gen^ assembly at the S'*^ Time to Shew
Cause if any they have why the prayer of the S'** Petition
Should not be granted.
Rich'' Waldron Cler Con
In The House of Represent Eod die
The S'^ Petition was read and the vote thereon concurr'd
with with this amendm* That Whereas in the S''^ Vote for
the first Parish to be notifyed to appear next thursday
Voted That the Selectmen of the first Parish in Hampton
be Served with a Copy of the Petition & to appear and
Shew Cause (if any they have) why the Prayer of y** Peti-
tion may not be granted the next Sitting of the General
Assem. the Second day of their Sitting.
James Jeffry Cler assem
In Coun Eod die
Read and Concurr'd w"* the amendmen*
Rich<i Waldron Cler Con
A Message to the board by Cap* Downing & Cap* Gill-
man w*^ the following votes
In The House of Represen* April 11, 1726
Voted That M'^ Theo : atkinson & W Eph^ Dennet be a
Committe of this house to joyn w*'' a Committe of y** upper
house to tell over the Mony that is to be burnt at this Ses-
sions of y*^ Gen^ Assem.
James Jeffry Cler assem
[p. 399.] In Coun Eod die
Read and Concurr'd and Rich^ Wibird & Jotham Odiorne
Estj""'' appointed to Joyn in the Service above.
Rich"^ Waldron Cler Con
208 PROVINCE OF NEW-HAMPSHIRE. [1726.
Ill The House of Represent April 11"' 172(3
Voted That M^ Theo : Atkinson & Cap' W" Fellows be
a Committe of this house to jojn with a Committe of the
upper house to draw up a Congratulatory address to His
]\Iost Gracious Majesty on his happy return to His King-
dome of Great Brittain.
James Jeffry Cler assem
In Coun Eod die
Read and Goncurr'd and Geo : Jaffrey & Tho^ Westbrook
Esq'" appointed for the Service above.
Rich'i Waldron Cler. Con.
Adjourn'd till tomorrow 10 a' Clock a : m :
Pro N. Hamp^«
At a Gen' assem held at Portsm° by
adjourm' April 12, 1726.
Present In Coun.
His Hon'' John Wentworth Esq'"" L' Gov"^
Sam' Penhallow"^ Rich^' Wibird ^
Mark Hunking Ij. ^^ The- Westbrook I -p „
Geo Jaffrey (^^'^ Jn" Frost (^^"^
Shad-' Walton J Joth Odiorne J
The Selectmen of London Derry Prefer'd a Petition to
the board directed to y*' Gen' assembly Praying to be Ex-
cused from Sending a represen* to y® Gen' assem and Ex-
empt from the Province Tax for the Present w'^'^ being read
and a Vote pass'd thereon for granting the Prayer thereof
the Same was Sent down by Shad''^ Walton & Jii'' Frost
Esq'^
Joseph Lock and others were admited to the board to
prosecute their Petition for a Parish at Sandy-beach, & the
agents for Portsm" Greenland Hampt" & X. Castle appeared
also & where fully heard upon the S'^ Petition.
Adjourn'd till tomorrow 10 a'Clock a: m:
1726.] JOURNAL OF GENERAL ASSEMBLY. 209
[p. 400.] Pro N. Hamp'"''
At a General Assem' held at Fortsm"
by adjournm* April 13"' 1726.
Present In Conn
His Hon John Wentworth Esq L' Gov''
Mark Hunking ) Rich'^ Wibird )
Geo JafTrev [ Esq''^ Tho' Westlirook [ Esq"
Shad'' Walton ) Jn° Frost )
Joth Odiorne Esq'''=
A Message to the board by Cap*^ Downing w*^ the Petition
of the Selectmen of Lond° Derry w"' the vote of Council
Thereon not pass'd upon by the house, and a Vote of the
house for assessing Loud" Derry GOX in y*^ present years
Tax w*^** was non coiicurr'd by y® board (nemine contradi-
cente) & sent back by the Clerk.
A Message to the House pr Geo : Jaffrey & Jn" Frost
Esq''^ \y^'^ y^ vote of Coun for gi-anting the Prayer of Lond"
Derry Petition further to be Considered.
Adjourn'd till tomorrow 10 a'Clock a : m :
Pro N. Hamp**
At a Gen' assem held at Portsm"
by adjournm* April 14 : 1726.
Present In Coun
His Honour John Wentworth Esq''" L* Gov''
Mark Ilunking, ) Ptlch'^ Wibird )
Geo : Jaffrey [ Esq" Tho« Westbrook i E&q'^
Shad* Walton ) Joth Odiorne )
A Message to the house by Col" Westbrook and Cap'
Odiorne with a bill for Cutting off an Intail made by Peter
Coffin* Esq'''' dec'' Pass'd to be Engrost.
* Peter Coffin, Esq., died at Exeter Marcli 21, 1713. The Boston Kews-Lettcr, of
March 25th, 1715, says: "On Monday, the 21st current, died at Exeter, the honorable
Peter Coffin, Esq., in the 86th year of his age, who was late .judge of his Majesty's Su-
periour Court of Judicature, and first member of his Majesty's Council of this Prov-
ince, a gentleman very serviceable both in Church and State."— Ed.
14
210 PROVINCE OF NEW-HAMPSHIRE. [1726,
A Message to the board by Cap* Downing with the Said
bill concurr'd with in the house.
Adjoiirn'd till tomorrow 10 a'Clock A : M :
Pro N. Hamp"
At a Gen' Assem. held at Portsm*^"
by adjournm* April 15, 1726.
Present in Coun.
His Hon^ Jn° Wentworth Esq'*' L* Gov'
Mark Hunking ) Rich'^ Wibird )
Geo Jaifrey [ Esq" Tho : Westbrook [ Esq'*
Sha^ Walton ) Joth Odiorne )
[p. 401.]
A Message to the house by Cap' 'Wi]}ird with a Yote of
Council for a Committe of audit which was return'd by
M"^^ Sanburn and is as follows.
In Coun April 15*'^ 1726
Voted That George Jaffrey Esq''^ Mark Hunking Esq'""
and Rich*^ Wibird Esq''® be of the Committee of audit from
the board to examine the publick accounts to be brought
under Consideration this Sessions, and to Continue Audi-
tors for the year ensuing.
Rich'^ Waldron Cler Con
In the House of Represen* Eod die.
Read and Concurr'd and Andrew Wiggin Esq"' Cap*
Fellows and M'' Atkinson appointed to be of the Commit-
te of this house for y'' Service above.
James Jaffry Cler assem
A Message to the board by Mess''^ Fellows & Dennet to
Pray His Honour's favour in adjourning the Gen' assem
till the Week after next w'''* motion Ilis lion'' promised to
take und"' consideration.
A Message to the house by Geo Jaffrey & Rich'' Wibird
Esq""* to recommend to their Consideration an allowance
for the Indians as a Present at the ratification.
£82:
1:
X39:
5:
3
.£12:
10:
6
1726.] JOURNAL OF GENERAL ASSEMBLY. 211
A Message to the board by Mess" Downing and Sanbnrn
with the following vote.
In The House of Represen' April 15, 1726
The Trustees for Exchanging j® £5384 of the old broken
defaced bills of the old Impression Delivered to y*^ Gen'
assem 146 : 16 : 3 w*^'* was burnt to ashes, y^ Same was
D'*! by ye following pcrsous (viz)
[p. 402.] By Col° Mark Hunking X12 : 19 : 6
CoP Peter Wear
Kich" Wibird Esq'"'^
Col° Jn'' Plaisted
X146: 16: 3
Voted That Each of the al)ove Persons are discharged
of the Sums as above carryed otf against their names.
James Jaffry Cler assem.
In Conn Eod die
Read and Concurr'd.
Rich'' Waldron Cler Con
A Message to the board by M"" Atkinson and Cap' Gill-
man with y*^ following votes.
In the house of Represen' April 14'^ 1726.
Voted That three of the Members of the house wait
upon His Hon' the L* Gov'' to assist at y^ ratification of the
Peace with the Indians at Casco in behalf of this Province :
and That M' Speak"" Wear M"^ Theodore Atkinson and Maj-^
John Gillman are the Persons chosen out of this house for
that Service.
James Jeffry Cler assem.
In Conn April 15, 1726
Read and Concurr'd and Geo : Jaffrey Esrf ° Shad'' Wal-
ton Esq''" tt Rich'' Wibird Esq'''^ are hereby aj^pointed for y'
Service above.
Rich'' Waldron Cler : Con.
212 PROVINCE OF NEW-HAMPSHIRE. [1726.
Ill The house of Represeii* April 15"' 1726
Voted That the Treas^ Supply His Hou'' y"^ L' Gov' and
those Gentlemen appointed to wait on him to Casco to rat-
ifie the Peace with the Indians with the Sum of twenty
pounds to be Used at their Discretion as a Present for the
Indians, and further that he likewise [p. 403,] Supply His
Hon' the Lieu' Gov'^ and those Gent" appointed to wait on
liim to Casco w"* all Such necessarys as may be by them
tho't Convenient for their Stores.
James Jeffry Cler assem.
In Coun. Eod die
Read and Concurr'd
Rich*^ Waldron Cler Con
Adjourn'd till y*^ 26'^ Ins'
Pro N. Hamp-^®
At a Gen' assem. held at Portsm"
by adjournment Apr' 20''^ 1726.
Present
His Hon-- John Wentworth Esq L' Gov'
Mark Hunking ) Rich'J Wibird )
Geo Jafifrey f Esq'^ Tho^ Westbrook [ Esq'^
Shad^ Walton ) Jn« Frost )
Joth Odiorne Esq'''
A Message to the board by Mess™ Davis Tibbits and
Fellows to acquaint His Hon' the L* Gov' & Council that
there was two New Memb'^ added to the house (viz) Cap'
Paul Gerrish & M' Eben' Stevens whom they presented to
be qualified by having the proper oaths administered to
them which was done accordingly.
Cap' Josh^ Wingate being admitcd to the board pre-
sented a Petition by way of Caveat to the granting Sandy-
bench Petition w'^'' was rec'' and Sent down to the house pr
Col" Westbrook.
Adjourn'd till tomorrow 10 a'clock A. M.
1726.] JOURNAL OF GENERAL ASSEMBLY. 213
Pro N. Hamp"
At a Gen^ assem. held at Portsm°
by adjournment April 27, 1726.
Present
His Hon'' John Wentworth Esq L' Gov"^
Sam' Penhallow ) Shad"^ Walton )
Mark Hunking [ Esq--^ Rich'' Wibird [ Esq"
Geo : Jalfrey ) Jn° Frost )
Joth Odiorne Esq'^°
[p. 404.] A Message to the board by Col" Davis and Cap'
Gerrish with an answer to the L' Gov" Speech as follows
We tliank your Honour for your care & concern for our private
alFairs at this busy time of the year in recommending to us tliat
this Sessions may be but Short least our husbandry may Sutler
thereby
We shall proceed to the Choice of some Suitable Persons to at-
tend Yo"" Hon"' to Casco bay or Elsewhere in conjunction with the
Goverment of the Massachusets for the confirmation of the late
treaty of Peace and likewise make Suital)le provisions for y'' Ilon-
ouraljle support of your Honour and those Gentlemen that Shall
attend your Honour thither.
We thank your Hon"" for Communicating to us the Contents of
Your letter from L' Gov"" Dummer relating to a letter from the
Indians and We are of opinion with your Hon'' that the French are
very Ims}'^ at work to prevent the good Effects of the Peace lately
agreed upon but hope all their Endeavours to that end will be
blasted.
As to the setling the lines between y^ Goverm'* we shall take it
under our Serious Consideration.
We rejoice at His Maj"'"* Safe arrival to His Kingdome again
and heartily Joyn with Your Honoiu' in a congratulatory address
on His late wonderful preservation Avhen in so imminent danger at
Sea and for His wise and prudent alliances made for the Strength-
ening our national Interest l)oth abroad & at home.
A\^e shall take care that all Acts relating to publick Funds be
punctually complyed with as much as lies in our power least y®
Publick Faith Should suffer any Diminution.
Peter Wear Speak""
A Message to the board by Mess''^ Davis Tibbits and Ger-
rish w'^ y® vote of Conn for making a new Town at Sandy
beach non-concurr'd.
Adjourn'd till Tomorrow 10 a'clock a : M :
214 PEOVINCE OF NEW-HAMPSHIRE. [1726.
[p. 405.] Pro N. Hamp^''
At a Gen^ assem lield at Portsrn"'
by adjor* April 28"^ 1726.
Present.
His Hon' John Wentworth Esq L* Gov"^
Mark Hunking ) Rich'' Wibircl J
Geo : Jatfrey [ Esq""' Tho* Westbrook [ Esq"
Shad"^ Walton ) Jn" Frost )
Joth Odiorne Esq"^*^
A Message to the board by Cap* Wiggin & M"" Stevens
with the following votes.
In The house of Represen*
Apr' 28, 1726.
Whereas there was a Vote of the Gen' assem May 28*^''
1720, That the Treasurer should pay twelve pounds pr
annum out of the Town of Gosport Province rate. To the
Town of New Castle,
Voted That the S"' Twelve pounds [be] paid out of the
Publick Treasury for the use of the Province.
James Jeifry Cler assem
In Coun. Eod die
Read and Concurr'd.
Rich" Waldron Cler Con
In The House of Represen*
Apr' 28"^ 1726.
Allowed Sam' French out of the Treasury eight pounds
sixteen to discharge his ace* for cure of a Gunshot.
Jam. Jeffry Cler assem'
In Coun Eod die
Read and Concurr'd :
Rich'' Waldron Cler Con.
The following Persons omitted in Cap* Jn" Gillman's
Muster Rol allowed as Set off ag'* Their names (viz).
Sam' Elkins 10 days <£-:14: 4
Jn° Rawlins 7 days £ -: 10: —
£-:
i
2
£1:
2
10
£1:
1
5
£2:
-
-
5:
15
9
1:
10
—
1726.] JOURNAL OF GENERAL ASSEMBLY. 215
Moses Norris 5 days
Jon^Glidden 16 days
Joii^ Mudget 15 days
Josh. Norton 28 days
Eln^^ Dam 21 days
Apr^ 28, 1726 James Jeffry Cler assem
[p. 406.] Ill Coun Eod die
Read and Concurr d.
Rich^ Waldron Cler Con
A Message to the board by Cap* Tibl>its & Cap' Gerrish
with the following votes
In the House of Represcn* Apr' 28, 1726
Yoted That The Records of Deeds for the Province of
New Hamp""* be constantly kept at some convenient house
at the bank in Portsm" and also —
Yoted That CoP Mark Hunking Esq'"'' be the Recorder
of Deeds for the Province of N. Hamp''® for three years
from y'^ lO*'' day of May next.
James JefFry Cler assem.
In Conn Eod die
Read and Concurr'd
Rich'^ "^"aldron Cler Con
In The House of Represen* Apr' 28"^ 1726.
Yoted That the Recorder of Deeds and Conveyances for
this Province Shall take for recording Each Deed mortgage
or Conveyance after the rate of one Shilling for each page
of eight and twenty lines in each page & eight words in a
line and Sixpence for liis attestation, and no more on y*^
penalty by law provided.
Jam Jeflfry Cler assem.
In Coun Eod die
Read and Concurrd.
Rich-^ Waldron Cler Con
216 PROVINCE OF NEW-HAMPSHIRE. [1726.
A Message to the board by Mess" Davis & Wiggiii with
a Vote for repealing the old laws.
Adjourn' d till tomorrow
9 a clock A : M :
Pro N. Hamp'*
At a Gen' assem held at Portsm''
by adjournm* Apr' 29'^^ 1726
Present
His Hon^ Jn° Wentworth Esq''*' L' Gov^
Mark Hunking ) Rich*^ Wibird )
Geo Jaffrey [ Esq" Tho^ Westbrook [ Esq"
Shad"-^ Walton ) Jn'^ Frost }
Joth Odiorne Esq'^^
[p. 407.] A Message to the House by CoP Walton &
Cap* Frost with the vote of the House sent up yesterday for
repealing the old laws non-concurr'd and a vote of Council
for a Committe to supervise ye laws.
A Message to the House by Mess" Jaffrey Westbrook &
Frost with a vote for addressing His Majestie
Adjourn' d till tomorrow
9 a' clock A : M :
Pro N. Hamp™
At a Gen' assem held at Portsm''
by adjournment April 30'^ 1726
Present
His Hon^ John Wentworth Esq L* Gov""
Sam' Penhallow ^ Tho« Westbrook ^
Mark Hunking ^ -ponrs J^" Frost 1 ^
Geo : Jaffrev f ^^'^ Joth Odiorne f ^^^
Shad^ Walton J Rich'' Wibird j
The Vote of Coun. sent down yesterday for an address
to His Majestie ab' y® lines return'd non-concurr'd.
A Message to the board by Mess" AViggin & Sanburn with
the following vote
1726.] JOURNAL OF GENERAL ASSEMBLY. 217
In The House of Represen' Apr' 3 O''^ 1726.
Whereas His Hon'' the Lieut Gov"^ hath had the whole
Government as Command'r In Chief Still continued upon
him Voted That His Hon'' be presented and paid out of
the Publick Treasury w'** y" Sum of one hundred pounds
for His Extraordinary care and Service done.
Jam. Jeffrey Cler assem.
In Conn Eod die
Read and Concurred.
Rich^ Waldron Cler Con
A Message to the board by Mess" Downing & Gerrish
with the following vote.
In The House of Represen' Apr' 30* 1726
Voted That the Plates for Impressing y^ paper bills of
this Province be D''' CoP John Plaisted (from wliome they
were taken) for y'' Safekeeping thereof, for y*^ use of y^
Province.
Jam Jeffry Cler assem
In Coun Eod die
Read and Concurred.
Rich^' Waldron Cler Con
[p. 408.] Ordered
That the Grand Committe for tlie fifteen thousand
pounds immediately Set up notifications on the Publick
meeting houses throughout tliis Province Requiring y*' Per-
sons that have taken any of that mony l)efore the Fall
Sessions to Comply with that act relating to that mony or
otherwise j" law to be put in Execution against tliem, and
that a Copy of this vote be set up with their notifications.
Jam Jeffrey Cler assem.
In Coun Eod die
Read and Concurred
Rich'' Waldron Cler Con
The Petitioners for a Parish at Sandy-beach having ob-
tain'd leave to bring in a bill, Presented one accordingly,
w'^'^ having had Its Several readings in Each house the same
218 PROVINCE OF NEW-HAMPSHIRE. [1726.
was Pass'd to be Enacted, and was Sign'd & Sealed accord-
ingly.
The title is
" An Act for Settling and Establishing
" Two Parishes In the Town of New Castle.
Adjourned till y*" IS**" of May next
Pro : of N. Hamp^«
At a Gen^ assem held at Portsm"
by adjournment May IS''' 1726
Present
His Hon'' John Wentworth Esq L* Gov''
Sam' Penhallow ) Rich'^ Wibird )
Mark Hunking [ Esq-"* Tho« Westbrook [ Esq"
Geo Jaffrey ) Joth Odiorne )
Adjourn'd Til tomorrow 10 a'clock A : M :
Pro of N. Hami/^
At a Gen' assem. held at Portsm**
by adjournm* May 19'" 1726.
Present
His Hon' John Wentworth Esq''^ L' GoV
Sam' Penhallow ^ Rich-^ Wibird ^
Mark Hunking i T^^^^rs Tho* Westbrook I p^^„
Geo: Jaffrey f^"^ Jn« Frost f^^^
Shad=* Walton J Joth Odiorne j
[p. 409.] A Message to the board with y^ following votes
&c
John Wentworth for Stores at the Fort <£6 : 14
John Peacock for cleaning and mending arms £9: 9
Benj^ Rust for Sundry Expences £9: 17
Jon^ Sanburn's Muster Rol for 10 men 3 days
forProv" XI: 10: -
Ditto's Muster Rol for 19 men 3 days for pro-
visions £'2: 17 : -
Ditto's Muster rol for 12 men 3 days as above £1 : 16 : -
1726.] JOURNAL OF GENERAL ASSEMBLY. 219
Dittos acc' &c^ <£3 : 6 : -
Mess'^ Jaffrey & Dennet for farming y'' Excise
10 Each XI: _: _
In The House of Represen* May 19"> 1726.
Voted That the above ace** be allowed and paid out of
the publick Treasury as y® Sums are carry'd off.
Jam Jeffrey Cler Assem.
In Coun Eod die
Read and Concurr'd.
Rich<^ Waldron Cler Con
In The House of Represen* May 19"> 1726
Allowed In Discharge of Edw*^ Halls Muster Rol £6:2: 6.
Jam Jeffry Cler assem.
In Coun Eod die
Read and Concurr'd
Rich'^ Waldron Cler Con
Adjourn'd till tomorrow 10 a Clock A. M :
Pro of N. Hamp^«
At a Gen' assem held at Portsm"
by adj' May 20"^ 1726.
Present
His Hon'' John TVentworth Esq L* Gov^
Mark Hunking ^ Sam' Penhallow )
Geo : Jaffrey V Esq" Rich" Wibird f Esq"
Shad^^ Walton ) Tho« Westbrook )
Joth Odiorne Esq"
A Message to the Board by Mess" Stevens & Sanl)urn
with the following Votes and allowances viz
To Shad^^ Walton Esq Jn° Frost Esq'^^ Jn" Gillman Esq-""
& M"" Theo : Atkinson five pounds each for accompanying
the L' Gov"" to Boston on a Treaty w"' y'^ Ind"'
Pass'd In y'^ House of represen' May 19"' 1726.
J. Jeffry Cler assem.
[p. 410.] In Coun May 20'" 1726
Read and Concurr'd R. Waldron Cler Con
220 PROVINCE OF NEW-HAMPSHIRE. [1726.
Allowed to the Gent" that were sent to Pennecook (1) and
their attend'^® thirty-one pounds Seventeen Shillings &
Eleven pence for their Time horse hire & Expences to he
p** to M'' Atkinson and by him to be disposed of according
to the Yote on file.
Past In the House
May 20*^ 1726
J. JefFry Cler assem
In Coun. Eod die
Read and Concurr'd
Eich'^ Waldron Cler Con
In The House of represen' Apr' 30*^ 1726
Whereas the boundaries of this Province remain yet un-
settled wliich is much to the damage of this His Maj"**
Government Especially Inasmuch as the Government of
the Mass^ have lately disposed of and laid out Considera-
ble Tracts of land which is reasonably Supposed to be far
within the bounds of this Province, and are about granting
more of the S*' lands which is a very Great grievance —
Voted That Instructions be drawn up & sent to M'' Agent
Newman to prosecute and Endeavour a Speedy settlement
of the lines between this Goverment & that of the Mass^
both In length and breadth in a more Certain Manner than
yet hath been done, and that M"" Agent Newman have one
hundred pound of this Mony Sent him to Enable him to
prosecute the same and for other his good services, and that
Cap' William Fellows & M"" Theo : Atkinson be a Committe
of this House to Joyn w'^ a Comitte of the upper House to
draw up Instructions for the Said agent accordingly.
J Jeffrey Cler assem.
In Coun May 20''^ 1726.
Read and Concurr'd and Geo Jaffrey & Rich^ Wibird
Esq" appointed for y* Service above
R. Waldron Cler Con
(1) See Records of Council, p. 12, of this Vol.
1726.] JOURNAL OF GENERAL ASSEMBLY. 221
[p. 411.] Thomas Westbrook Esq"'* moved to His Honour
the Lieu^ Gov'' that he the S'^ Westbrook was Informed that
he was postponed in the order of Councill''' his name mis-
placed in the Council book and had not his Vote regularly
at the Board contrary to His Maj"''^ Instructions and pray'd
his Hou"" to be referred to the S"^ Instructions to see whether
It was so or not. Whereupon His Honour produced &, ex-
examin'd the S''' Instructions and declared that the S*^
Westbrooks name was not Entered In the Council book
agreeable to the S'^ Instructions, but withall Inasnnich as
the form of the Entry was by Gov'' Shutes order, he should
make no alteration til he heard whether Gov" Shute would
return to this Goverment or not.
Adjourn'd till tomorrow 9 a'Clock a : M :
Pro : of X. Hamp""®
At a Gen' assembly held at Portsm°
by adj' May 21^* 1726.
Present In Coun.
His Hon" John Wentworth Esq L' Gov""
Sam' Penhallow ) Shad-'^ Walton ^
Mark Hunking S Esq'^ Rich" Wibird V Esq"'
Geo JafFrey ) Tho^ Westbrook )
Geo Jaffrey Presented to the Board the draught of an
address to His Maj*'*' which was read and accepted and
Sent down to the house by y*^ Clerk a Copy of which is on
file.
A Alessage to the Board by Mess"" Tibbits and Atkinson
with the following votes.
In The House of represen*
May 21*' 1726.
Voted that there be Sign'd off of the two thousand
pounds last Imprinted the Sum of eight pounds and put
into the Treasury for the payment of the Sundry Debts
now allowed & remaining due from the Province and other
222 PROVINCE OF NEW-HAMPSHIRE. [1726.
contingencies that may happen and that His Hon'^ the L*
Gov'^ be desired to Issue out warrants for the payment of
what is yet unpaid.
J Jeffrey Cler assem.
In Coun Eod die
Read and Concurr'd
R.^Waldron Cler Con.
[p. 412.] Voted That His Hon' the Lieu* Gov"- be desired
to agree with five Suitable persons to Survey the land at y®
head of Barrington and the pond of Winnipishoky to as-
certain how three New Towns now petitioned for may be
laid out, and that the Petitioners for those Towns pay the
Charges Ja Jaffrey Cler assem.
In Coun Eod die
Read and Concurr'd
R Waldron Cler Con
Ordered that the Consideration of building a Court
House be Suspended til next Session
A Message to the board by Mess^^ Gerrish & Stevens w""
a Vote for removing the Courts which was read and non-
concurr'd & sent back by the Clerk.
A Message to tlie Board by Mess''^ Gerrish Atkinson and
Stevens with the following votes.
In The House of Represen*
May 21^* 1726.
Voted That the Seventeen hundred and thirty pounds
that is now in Several persons hands for which they have
Given their Bonds be paid unto the Treasurer in Bills of
Credit on this Province or if tliey shall desire to keep the
several Sums of mony they now stand Indebted for that
then they or any of them shall give Such further Security
as shall be approved of by the Gen^ assembly, and that the
Interest now due on the Said bonds be rec'd by the Treas''
at two and a half pr Cent pr annum and that the tenour
of the Said bonds be at 2 & 1-2 pr C pr ann for y° future.
Jam. Jeffrey Cler assem.
1726.] JOURNAL OF GENERAL ASSEMBLY. 228
In Conn Eod die
Read and Concurr'd.
Rich^^ Waldron Cler Con
In The House of Represen' May 21" 1726.
Whereas .the Lieu' Gov'" hath had the whole Goverment
as Command' In Chief still continued upon him, and been
at Extraordinary Charges, Voted That there be paid out of
the Publick Treasury as an additional present to what was
last Given him the Sum of tv/enty five pounds.
James Jeffry Cler assem
In Coun Eod Die.
Read and Concurred
R. Waldron Cler Con
[p. 413.] In The House of Represent May 21«' 1726.
Voted That M' Clerk Waldron be paid out of tlie Pub-
lick Treasury the sum ot Seventy seven pounds ten Shill-
ings for his Service and what was Short paid him last — ■
and that M' Slier : Gamljling be paid out of the Treasury
the Sum of fifteen pounds for his years service being in
war time.
Jam Jeffry Cler assem
In Coun Eod Die
Read and Concurred
R. AYaldron Cler Con.
Upon a frecli application made by CoP Westbrook to
have his name riglitly placed In the Council book &c* as
by his Memorial on file, and Col*^ Walton also representing
at the same time that as it had appeared by the Instruc-
tions that he also was postponed in y® order of Councill"
and praying he may be righted, It is ordered by His Hon''
that the Consideration of tlie Said Motions be Suspended
til next monday come sennet at which time It is likewise
order'd that a full Council be Summoned.
Prorogued till y'' 8"' of October nest
224 PROVINCE OP NEW-HAMPSHIRE. [1726.
Pro: N. Hamp'<=
At a Couu held at y® Council Chamb'
In Portsm° June 30'^ 1726
Present
His Hon"" John Wentworth Esq^" L* Gev'"
Sam' Penhallow ^ Rich"^ Wibird ^
Mai'k Hunking I -^ ,., Tho* Westbrook * t rs
Geo : Jeffrey f ^''^ Jn° Frost f ^^^
Shad=^ Walton J Joth Odiorne J
Upon a rehearing of the Motions of Col° Walton and
CoP Westbrook for being rightly placed in the order of
Council""' as Minuted the 20"' & 2V^ Instant It is ordered
that the Consideration thereof be further Suspended for
the Space of Six months or til Gov"" Shutes return.
The Gen' assem was further
Prorogued til y*" 21^' Novemb-" 1726
[p. 411.] Pro of N. Hamp'-^
At a Gen' assembly held at Portsmouth by Pro-
rogation on tuesday y*" 21^' Novemb"' 1726
Present.
His Hon^ John Wentworth Esq L* Gov""
Mark Hunking ) R. Wibird )
Geo : Jaffrey [ Esq''" A Macpheadris > Esq"
Shad=^ Walton ) Jn° Frost )
Joth Odiorne Esq'"^
Adjourned til tomorrow 10 a'Clock A : M :
Met again Nov"- 22" 172G
Present
As Before
The Committe appointed to write to M"" Newman laid
before the Board a letter from him w"^ y*^ Copy of a Memo-
rial to His IMajesty and a Copy of a letter to y® Plantation
Board which were read and Sent down by y*" Clerk
Adjourned til tomorrow 10 a'Clock A : M :
1726.J JOURNAL OF GENERAL ASSEMBLY. 225
[From MS. Corresinnuicuce in Secretary's office, i>. 53.]
Middle Temple,
•2U^^'- Aug. 1726.
Dear Sr:
This accnuipanys a Cupy of iny last of 29"' Jul}', by Dr. Boyl-
ston iu Letlierhead, aud aekuowlcdges the Rec* ot y favour of the
9"^ of March, since which I have received yo"" letter of the 17"^ of
June signifying that you had wrote to me of the 12"' of April,
which I don"t find ever came to hand.
In oliedience to the order of the Committee of both Houses, I
innuediatel)^ put in a memorial to the Board of trade.— cop}^ of
which is here inclosed, with mv letter to the said Committee there-
upon, to which 1 beg leave to refer you, and for other particulars
therein mentioned.
I have since obtained a Reference of my memorial to the King,
on the subject of the Lines, to the Lords Commission''" of Trade,
and the same is now lodgVl at the Board of Trade for a day to give
Mr. Dummer and me the Hearing.
How far M"" Dummer may draw me into a contest al)ou1 this
matter must be left to time; I can only say that if the Province
will support me, nothing shall be wanting on my part to defend
their interests.
I innuediately waited on the D. of [Jfew Castle with the address
of the Province to his Majesty, but his grace being at his Country
Seat at Claremont wliere he expects his Majesty, I was advised to
delay presenting it, till his return.
I beg leave to rei'er you for the rest to the print herewith sent.
and assure j'ou that 1 am. Dear Sr,
Y'' most humble servant,
llEXRY XEWMAN
Lieut. Gov"" AVentworth.
The Gov'' (1) is well, being gone into Derljysliire to make my
Ld. President a visit upon invitation. I told him you had wn te
several letters without receiving any answer; but he assured me
lie had acknowledged them all, by letters, w*^^'' I hope you have rec'^
ere this.
Pro: X. Hami/^
At a Gen' assembly held at Portsin"
by adj' Nov"" 2o'' 172G
Present.
His Hon^ John Wentwortli Es(i L^ Gov''
Mark Hun king )
Geo: Jatfrey J Esq"'* A Maci.lioadris ) r. rs
Rich" Wibinl?) Ilicli" Wibiid \ ^'-i
(1) Govr. Samue! Pbate was at tliis time in Kiiyl,;!! 1.
15
226 PROVINCE OF NEW-HAMPSHmE. [1726,
A Message to the Board pr Mess''^ Redman & Tibbits to
acquaint flis Hon'' that there was a New Member retnrn'd
to Serve for y* Parish of Rye & to pray he may be quali-
fied w*^^ was done.
A Message to the House w'" the Instrument of Pacilica-
tion Signed by y'' Indians &c^.
A Message to the Board by Cap* Gerrisli & M"" Jcnnis
with the following Vote.
In The House of Represen*
9br 23d 1726
Voted That tlie Prayer of Hampton Palls Petition be
granted so far (viz) That the Soutli Parish of Hampton
caird the falls Parish be Impowered fully & Separately
[p. 410.] l)y themselves to Make a rate on all Persons & Es-
tates within Said Parish for the payment of their Minister's
Salary at all times hereafter and be utterly free from hav-
ing anything to do with the first Parish or y® first Parish
In Hampton with them relating to the Minister's Salary.
Ja Jeffrey Cler assem
In Coun Eod Die
Read and Concnrr'd
R. Waldron Cler Con
A Message to the House pr M'' Jaffrey w"' a Vote of the
Gen' assembly of the Mass^ for appointing Commissioners
to Settle the Province lines (fee'
John Hobby Esq Presented a Memorial To tlie Board
Praying ^lic Gcu' [assem.] to appoint a Committe to Com-
pound wiili iiiiu for his claim on one half of the Province
which was read and sent down.
A Message to the Board by M'" Tibbits with a Vote ap-
pointing a Committe to Number & Count over the Bills to
be burnt this Sessions.
The Gent" of the House for that Service are
( Fellow^s
Mess''^ < Dennet
( Atkinson
1726.] JOURNAL OF GENERAL ASSEMBLY. 227
of tlie Board
Mess'« ( Wibird
} Macpheadris
( Odiorne
Adjounicd til tomorrow 10 a'Clock a: m:
Pro : N Harnp''^
At a Gen' assembly held at Ports-
mouth by adj' Nov-" 24'" 172G.
Present
His Hou^ John Wentworth Esq L' Gov'"
Mark Hunking \ Rich'' Wibird )
Geo Jaffrey V Esq'" Arch'' Macpheadris [ Esq"
Shad=^ Walton ) Joth Odiorne )
This day a Conference has held at the Council Chamber
upon M'" Hobby's Memorial which being over the House
withdrew to their own apartment.
Adj' til tomorrow 10 a'Clock a : m:
[p. 41G.] Pro : of N. Hamp'«
At a Gen' assem. by adjournm*
Nov 25"^ 1726.
Present
His Hon' John Wentworth Esq'^ L* Gov'
Mark Hunking ) A Macpheadris )
Geo Jaffrey \ Esq" Jn'' Frost [ Esq"
Shad^ Walton ) Joth Odiorne )
Devereax Bacon Esq'® appearing at the Board Presented
His Majesties Letters Patent appointing him Naval officer
and a Warr' to be Collector &c^ To whom His Hon' caused
the proper oaths to be administered.
Adjourned til tomorrow 10 aClock a: m:
228 PROVINCE OF NEW-HAMPSHIRE. [1726,
Pro : of N. Ilamp™
At a Gen' assem. by adj' Nov 2G"' 1726
Present
His Hon' John Wentwortli Esq L' GoV
Mark Hnnking J R Wibird J
Geo JatTrey > Esq" A Macpheadris [ Esq"
Shad'* Walton ) Jn° Frost )
Joth Odiorne Esq'"''
The following Vote p"^ M"" Downing
Whereas there was delivered to the Assembly by the
Trustees for Exchanging the five thousand three hundred
Eighty four pounds of the Cypher bills and burnt in their
Presence,
By Rich'^ Wibird Esq'« £11 :
Col° Plaisted £51:
CoP Weare £55:
G. Jaffrey Esq''^ £62 :
CoPHunkinix £20:
•J :
6
15:
11-2
4:
9
6:
6
3:
6
X266: 13: 41-2
Voted That Each of the Persons above named be dis-
cliarged of the Several Sums set off ag'" their names
9^' 27 : 1726 Jam Jeffry Cler assem
In Conn Eod die
Read and Concurrd R. Waldron Cler Con
Adjourn'd til tuesday
the 29"^ Instant.
[p. 417.] Pro : of X. Hamp'^^
At a Gen' assem by adj' on
Tuesday y'' 29'" Nov' 1726.
Present
His Hon' John Wentwortli Esq L' Gov'"
Mark Hunking } .^ ,, Shad'' Walton | ^ ,,
Geo: Jatfi-ey j ^^^ Joth O.liorno p'''"^
adj' til tomoi'row 10 aV-bjck a : m :
1726.] JOURNAL OF GENI'^RAL ASSEMIJLY. 229
Pro of N. Ilainp^"^
At a Gen' asseiii pr adj' AVednesday
y« 30"^ Nov^ 172G.
Present as Before
also
Arch'^ Macplieadris ) ^ rs
Jn' Frost \ ^^^
By M"^ Dennet y® following Yote
In The House of represen*
The Memorial of John Hobby Esq having been Consid-
ered in this House The House are of opinion y' the Laws
of the Province are Sufficient to determine any controver-
sie with res|>ect to any title of land lying w"' in the Same
and It being unpresidented for this House to take any Cog-
nisance where the Title of land is determinable by the
Courts of Common law within this Province, Therefore
Voted
That the Said Memorial be disraist
9br 30th 1J26. Jam Jaffry Cler assem.
In Coun Eod die
Read and Concurrd.
R. Waldron Cler Con
Adj'' til tomorrow 10 aClock a. m.
Pro of N. Ilamp,
At a Gen' assem by adj'
thursday Dec"" 1^' 172(3.
Present
His Hon-" John Wentworth Esq''^ L' Gov^
Mark Hunking ) R. Wibird )
Geo : Jaffrey [ Esq""^ A Macplieadris > Esq"
Shad^ Walton ) Jii° Frost )
Joth Odiorne Esq''"
The following allowances Pass'd In the House and brot
to the Board by Mess""' Dennet & Sanburn
Z60 PROYINCI
] OF
NEW-
-HAMPSHIRE
[1726.
[P. 418.]
Xo. 1. Stephen Greenleaf
£oG: 17
_
2. Dan' JSIoultou
£30: — :
5
3. Dan^ jSIoulton
£ 1: 5
4
4. Kich'i Perry
£ 4: 10
-
0. Jno Avres
£ 1: 12
-
6. Tlio'' Smith
£—: 18
8
7. Ju" Wentworth
£ 3: 16
8
8. W" Diverre & Tho^
Xohle
£ 4: 2
_
9. Jn" Robinson
£28: 5
4
10. W" Fellows
£ 2: 17
3
11. Jos Moulton
£ 1: 16
_
12. Jn« Peacock
£ 2: 15
6
13. Jn« Roberts
£ 1: 8
4
14. Jam Jeffry
£ 2: 11
6
15. Gent" Coun & assem. ffoinff East
£80: —
_
Jn° Griffiths
£—: 10
: -
Sam^ Waters
£ 1: 9
: 3
Benj'' Rust
£ 6: 11
8
M-- Fitch
£ 8: —
-
Benj* akerman
£ 5: —
: -
Jam Titcome
£ 5: —
: _
Gyp" Jeftry
£ S: —
Jn" Ayent^yorth
£ 6: —
-
Benj* Akerman
£ 1: 5
-
NoV 26
& Dec^
1^' 1726.
Pass'd Jam :
JefFry Cler assem
In
Coun
.
Dec^
1st 17
26
Read and Concurr'd
R.
Waldron Cler Con.
A Message to the Board by Mess" Dennet and Sanburn
as follows
Voted In the House Dec 1^' 1726 That We think it not
proper to Chuse any Commissioners to Joyn w"^ Commis-
sioners of y® Mass'* to settle y® line the whole matter being
submitted to His Most Gracious Majestic
Jam Jeffry Cler assem
In Coun Eod die
Read and Concurr'd
R. Waldron Cler Con
A Message to the Board by Maj Gillman w"* y° following
allowances
1726.] JOURNAL OF GENERAL ASSEMBLY. 231
To James Joffiy as Cler assem from 9'"' 1725
to 19"^ 9'^''172G ct for draughts of ye Prov. £15 : — : —
To and''' Wiggiu Esq for money Expended on
a Scout <£ 1 : — : —
To Cap' Walker for himself & Troop .£11 : — : —
Pass'd In the House Dec'' 1^' 1726
Jam : Jeffry Cler assem
In Coun Eod die
Read and Concurr'd
Ricli^' Waldron
By The Same Message an allowance To M'' Eleaz' Russel
of His ace' being £1 : 14 : —
Jam'' Jeffry Cler assem
R. "Waldron Cler Con
Adj'^ til tomorrow 10 aClock a : m.
[p. 419.] Pro of N. Hamp'-^
At a Gen' assem held at Portsra" by
adjournm' on fryday Dec"" 2'^ 1726
Present
His Hon^ John Wentworth Esq L' Gov--
Mark Hanking ) Rich'' Wibird )
Geo Jaffrey [ Esq" A Macpheadris [ Esq'^
Shad^ Walton ) Jn" Frost )
Joth Odiorne Esq^''
A Message to the House pr Geo Jaffrey Esq w''' a Vote
of Council w"^'* was bro' back by and"' Wiggin Esq''*^ & is as
follows
Whereas the InT Court of Common pleas & Sup'' Court
of Judicature are always or for the most part retarded In
their Sessions for want of Competent Jurors & a Sufficient
number of them therefore Voted that a bill be prepared in
addition to an act to return able & Sufficient Jurors as at
large in the S'' Vote & act on file.
Adj'' til tomorrow 10 aClock a : m :
232 PROVINCE OF NP]W-IIAMPSlirRE. [1726.
Pro: of N. Ilamp''''
At a Gon' assem by adj' Saturday
Dec o'' 172G
Pre^^ent
His Hon'" John Wcutwortli Esq L' Gov''
Mark Ilunkiug \ R. Wibird J
Geo Jaffrey > li^sq" A inac|)1ieadris > Esq"
Shad' Walton ) Jii" Frost )
Joth Odiornc Esq'*"
A Message to the Board pr Mess"''^ Atkinson & Tibbits
with the following vote.
In The House of Represen' Dec'' 1, 172G
Voted That there be Sign'd off of y'' two thousand
pounds last Imprinted the Sum of two hundred twenty-
eight p'^^ & nine pence and also two hundred pounds of y''
five hund'^ pounds last printed for exchanging the broken
mony & also two hundred forty-two pounds nine Shillings
and nine pence being blank Bills left of the late Impres-
sions and for a fund for paying the sum of two hundred
forty two p'*''' nine Shillings and nine pence Voted that It
l)e raised by a Tax on the Inhabitants of this Province to
be paid in y'' year 1737 and when bro' into the Treasury to
be burnt to ashes In presence of the Gen' assem and the
same to be paid in such Specie as the [p. 420.] Gen' as-
sem. Shall agree upon and that an Act be drawn up accord-
ingly Jam Jeffry Cler assem
In Conn Dec'" S'' 1726.
Read and Concurrd
R. Waldron Cler Con
Adj'' til Wednesday next 7"' Instant
1726.] JOURNAL OP GENERAL ASSEMBLY. 233
Pro : of N. Hamp'-^
At a Gen' assem pr adj' Wednesday
Dec' 7"> 1726
Present
His Hon"" Jolm Wentworth Esq''' U Gov'
Mark Hunking ) A Macj)lieadris j
Geo Jatfrey [ Esq" II Wibird [ Esq'^
Shad=> Walton ) Jotli Odiorne )
Adj*^ til tomorrow 10 a Clock A M
Pro of N. Hamp'«
At a Gen' assem by adj' Dec"" S"*
1726 being thursday.
Present
as Before
also Jn° Frost Esq"=
This day George Jaifrey Esq was appointed Treasurer
and receiv' General ttc" of this Province with the advice of
the Council and a Commission and bond was ordered to be
prepared accordingly and notice was given to the House of
the Same by Rich'' Wibird & Jn" Frost Esq'^
Adj^' till tomorrow 9'" Instant
Pro of X. Ilamp'"
At a Gen' assem by adj* Dec' G"'
1726 being Thursday [?]
Present
His Hon' John Wentworth Esq L' Gov
Mark Hunking \ Rich'' Wibird J
Geo : JatTrey > Esq'* A macpheadris > Esq'*
Shad*' Walton ) Jotli Odiorne )
A Message to the Board ))y M' Tibbits as follows.
In The House of rei)resent Dec' 9"' 1726
Voted that there be a bill of Exch'* to the Value of fifty
p''^^ Sterling purchased and sent [p. 421.] M' agent New-
234 PROVINCE OF NEW-HAMPSHIRE. [1726.
man For Carrying on the affair of the lines between this
Province and the Province of the Mass'^ Government and
that the Snm of one hundred and fifty p"^' be paid out of
the Publick Treasury for purchasing S" bill of Exch'^ or
what more it will purchase.
Jam Jeffry Cler assem
In Conn Eod die
Read and Concurr'd
R. Waldron Cler Con
A Message to the board by Cap' Downing w"' an allow-
ance to Cap' John Knight of four Shillings apiece for him-
self & thirty men nnd'' his Command in Scouting in all
X6: 4:
Dec"" 9"^ 1726. Jam Jeffry Cler assem
In Coun Eod die
Read and Concurr'd
R. Waldron Cler Con
Adj'' til tomorrow 10 aClock a : m :
Pro of N. Plamp
At a Gen' assem by adj' Saturday
Dec-^ lO''^ 1726.
Present
His Hon^ John Wentworth Esq L' Gov"^
Mark Hunking ) R. Wil)ird J
Geo : Jaffrey > Esq"^ A Macpheadris V Esq"
Shad'' Walton ) Joth Odiornc )
A j\Iessage to the Board by Mess" Sanburn & Stevens
w"' the following Votes or allowances (Viz)
To Sam' Weeks in full of his acc'^ .£1 : 4
To Sam' & Jn° Shackford in full X2 : 3
To Rich" Ward £- 9
X''' 1726 Jam Jeffrey Cler assem
In Coun Eod die
Read and Concurrd
R. Waldron Cler Con
172G.] JOURNAL OP GENERAL ASSEMBLY. 235
By The Same Message the following Vote
In The House of Represent
Dec^ 10*'^ 1726
Voted That the Same Committe that was appointed to
write W agent Newman be now again Desired to write
him for his Service and pray his further Care relating to
the lines and Stores w"' what further direction they shall
think most proper and present It to y® assembly next Sit-
ting for approbation
Jam Jeffry Cler assem
In Coun Eod die
Read and Concurrd R. Waldron Cler Con
adj^* til Wednesday y" 14'*^ Inst
[p. 422.] Pro of N. Hamp™
At a Gen' assem pr adj' Wednes-
day Dec^ 14*'^ 1726
Present
His Hon"^ John Wentwortli Esq L* Gov"^
Geo Jaffrey ) A Macpheadris ) ^ rs
Shad^ Walton } Esq" Joth Odiorne j ^^^
R Wibird )
Adj'' til tomorrow 10 a' Clock a, m.
Pro : of N. Hamp"
At a Gen' assem by adj' Dec'' 15, 1726.
Present
His Hon^ John Wentworth Esq L* Gov^
Geo Jaffrey ) A. Macpheadris ) p , rs
Shad'^ Walton [ Esq'^ Joth Odiorne j "^'^
R. Wibird )
In Coun.
Order'd That Mess" Weare Cate and Lunt Ite a Com-
mitte to run y'^ line between Exeter & Chester as at large
on file
Adj' til tomorrow 10 aClock a m :
236 PROVINCE OF NEW-HAMPSHIRE. [172G.
Pro : of N. Hainp"""
At a Geii' assem by adj^
fryday DeC IG'" 172(3.
Present,
His Hon"" John Weiitwortli Esq"""^ Lieu' Gov"^
Geo Jaffrey ) A. IMacpheadris )
Shad^* Walton [ Esq" Jn" Frost [ Esq"
Rich'' Wibird ) Joth Odiorne )
a Message to the Board by Mess''^ Downing & Sanburn
w"^ the following vote Voted That the Keei/ of His Maj"'*«
Goal at Portsm" have free liberty to sel ale beer & Cyder
Excise free and that the S'^ Keep'' pay Excise for all wines
rum and other Spirits that he Sells as other Publick Houses
do from Henceforward
Dec'' 16, 1726. Ja^ Jeffry Cler assera
In Coun Eod die
Read and Concurred
R. Waldron Cler Con
By The Same Message the following allowances viz
To M^ Atkinson In full of his ace' £13 : 13
To Sam' Hart In full of his ace' £— : 16
Dec'' 16, 1726. James Jeffry Cler assem
In Coun Eod die
Read and Concurred
R Waldron Cler Con
Adj'' til tomorrow 10 a'Clock a. m.
[p. 423.] Pro : of N. Hamp
At a Gen' assem by adj' Dec'' 17"' 1726.
Present
His Hon'' John Wentworth Esq L' Gov''
Geo Jaffrey ^ A Macpheadris \
Shad" Walton \ Esq''^ Jn'> Frost [ Esq''
R. Wibird ) Joth Odiorne )
A Message to the Board by Mess'* Gerrish & Sanburne
172C>.'} JOURNAL OP GENERAL ASSEMBLY. 237
viz Presented to the Gen' assem by Geo Jaffrey Esq from
the Grand Committe two hundred & two ponnds 3 : 3
^vllioh was? l)urnt In their presence being part of y'' fifteen
thous'' pounds of w<^'> S^' Sum of ,£202: 3: 3 y« S*^ Com-
mitte are herel)y discharged
Dec" 17, 1726. Jam* Jeffry Cler assem
In Conn Eod Die.
Read and Concurrd
R. Waldron
Presented to the General Assembly by the Exec'' of Sam'
Penhallow Esq''^ late Treas'' Dec'' fifty two p*'* ten Shillings
and Eleven pence farthing being part of the three hundred
])0unds put into the Said Penhallows hands for Exclr'* the
old broken bills & y® S'' Exec"" is discharg'd of so much
namely ^£52: 10: 11: 1
Pec"" 17, 172G Jam* Jeffry Cler assem
In Coun Eod die
Read and Concurred
R. Waldron Cler Con
In the House Pec"" 17, 1726.
allowed the Post Mas"" Gen' X3: — : —
J Jeffi-y Cler assem
In Coun Eod Die
Read and Concurrd
R. Waldron Cler Con.
A Message to the Board by j\Iess'"* Atkinson & Sanburn
with tlic following votes
In The Mouse of represent Dec'' 17 1726.
^'otcd That there be Signed off of the mony now to be
printed three iumdred ponnds and [nit into y*" Ti-casury for
y^' paym' of what is now due from the Province
Jnm* Jelfry Cler assem
In Coun Eod die
Read and Concurrd
R. Waldr(;n Cler Con
238 PROVINCE OF NEW-HAMPSHIRE. [1726.
Ill The house of represeu' Dec'' 17 1726.
Voted That Whereas there are Several Persons Deceased
who were Indebted to this Province for Several Sums by
bond (viz) [p. 424.] of the Seventeen hundred and thirty
pounds. Voted That the Persons who liave of that niony
in their hands together w"^ the heirs or exec'''' of those who
are deceased pay the Principal and Interest or give Suffi-
cient security by Sufficient Bondsmen therefor, and tliat
Col° John Plaisted M-" Eph. Dennet and Cap' William Fel-
lows w"" those the Council Shall appoint be a Committe to
receive the same either the mony or New bonds and secu-
rity as aforesaid, and also that the Treasurer Get In the
Interest mony due from Kingston.
Jam^ Jeffry Cler assem.
In Coun. Eod die.
Read and Concurrd
Rich^i Waldron Cler : Con.
In The House of Represen' Dec"" 17, 1726.
Voted That the Sheriff of this Province be paid out of
the Publick Treasury for his care and Service in returning
able and Sufficient Jurors for the Several Courts Seven
pounds four Shillings pr annum the time to Commence the
first of Jan''^' next and to Continue for three years.
James Jeffry Cler assem.
In Coun Eod die
Read and Concurrd
R. Waldron Cler Con
In The house of Represen' Dec'' 17'^' 1726
Whereas His Hon'' the Lieu* Gov'' hath had the whole
Goverm' as Command"' In Chief Stil continued upon him
and been at Extraordinary charge and trouble,
Voted that there be paid him out of the Publick Treas-
ury the Sum of one lunuV & fifty pounds for his Said Ex-
traordinary care & Charges.
James Jeffry Cler assem.
1726.] JOURNAL OF GENERAL ASSEMBLY. 239
111 Conn Eod die
Read and Concnrrd
R. Waldron Cler Con
Tn Conn Dec"" 17"' 1726.
Ordered tliat the Petitions of Hampton Dover Exeter
Stratham and Newington be granted in Proportion as the
land wiU hold out between Conlerain and the Western
Bounds of the Province allowing for what lias been hereto-
fore granted to Col° Allen's family New Castle & Greenland
and that Charters be made out accordingly as soon as the
quantity of y*' land is discovered.
R. Waldron Cler Con
[p. -125.] A ^lessage to the House by the Clerk to re-
quire their attend''^ at the Council Board. The Speak"^ and
House came up accordingly and the two Bills whose titles
are as follow,
An Act to Settle a Fund for the Sum of four hundred
and forty two pounds nine Shillings & nine pence, and
An Act In addition to an act Entituled 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 Gen' assembly within this Province,
Being Sign'd & Seal'd His Hon'' was Pleased to Pro-
rogue the Gen' assembly and accordingly they were
Prorogued
Til the first Tuesday In May 1727
Pro of X. Hami)^'^
At a General assembly held at Portsmouth
by Prorogation Tuesday May 2'^ 1727.
Present
His Hon'' John Wentworth Esq Lieu* Gov''
Mark Hunking J R. Wibird )
Geo : Jaffrey \ Esq''' A Macpheadris > Esq"*
Shad"" Walton ) Joth Odiorne )
Adj*^ til tomorrow 10 a'Clock a : M :
240 PROVINCE OF NEW-HAMPSHIRE. [1727.
Met according to adj' Wednesday May 3'' 1727
Present as Before
A Message to the House by the Clerk to require their
attend^' at tiie Board, the Speak'' and House came up ac-
cordingly to whom His Hon'' made a Speech as on (ile, of
which the Speaker obtained a Copy and then he and the
House w"'drew to their own room.
Adj*^ til tomorrow 10 a Clock a : m :
Qovernor''s Speech^ 3d Mai/^ 1727.
[Copied from MS. Governor's Messages, in Secretary's otRcc.]
Oentlemen^
Knowing that a long Session at this Season will not be agree-
able, I shall not detaine you longer than is necessary to Despatch
the business that may come before us.
Tlie Comniitte appointed to Examin tlie late Treasurer's Acco**
I conclude have made preparation to lay them before us at the
opening of the Session in order to have them fully adjusted.
Tlie State of her Majesties Fort William & Mary I have fre-
quently laid before you. The war tliat our Xation is now Engaged
in with Spaine &c. tho' it does not so nearly aftect us, yet we cant
Determin Avhere it may end; I would therefore recomend to you,
That you make some Provision, at least Two hundred pounds for
the repaireing the Wheels & Carriages of the Guns, and the Stone
work whicli is allredy begun.
Mr. Agent Xewman advises me that he hopes in a sliort time to
give me a good ace' of the settle'"' of the lines, and that he has a
I'aire prospect of obtaining Stores for the Foi't; and GoV Sliute As-
sures me that nothing shall be wanting in him to forward the affaire.
It is higlil}^ necessary That an Act of General Assembly be
made & fourthwith put in Execution obleiging all vessels to pay
there powder money in powder on!}', and not in money, since the
rise of gunpowder is so greate, for instead of a pound of Powder
pr Tun it amounts to l)ut lialf a pound pr Tun.
There has not a pound of powder nor a sliilling in money paide
nor to pay since November last; ueitlier is tliere one ship or ves-
sell in the Port to pay, and unless y >u make an Act to obleige the
Sloops that use the River to pay pow ler money once in a season,
which can't bo tlio't a hardship, it will l_ye verry heavy on the Gov-
ernm' to supply his Majesties Fort upon any Emergent Ocation.
I recomend to you unanimity & good agreem', and make no
doubt l)Ut you will take effectual care for the Honourable support
of this His ^Slijes'" Govennn'
J. Wextavorth.
Pr>)Via--e of X. II iinps'aire.
Jlay ;t' 1727.
You wiirremomljer ciUiug in £1070: IG: o, for this pVent year
1727, according to act of General Assend^ly J. W.
|[7^7.] JOURNAL OF GENERAL ASSEMBLY. 241
[p. 4i:G.] Pro of X. Ilauip
At a Getieral a,sscp.il»ly"by ailj'
tlmrsaay 4"' May, ITiIT
Present,
His Hon'- John Wcntwortli Esq L' Gov'
Mark Hmikinii- ) R. Wihird )
Geo JaffVey ' \ Es(f^ A. ^Macplieadris [ Esq^
Shad^' WaUou ) Jotli Odiornc )
A ^Message to the Boai-d by Mess'* Gerrish and Gillman
\v"' a Vote for a Coiiiniitte to view the Fort k i-cport what
i'cpairs are necessary which was concurrd with — th-e Gent"
'of the Jfouso are
( Ph'.isted ( Jaffrey
Me'ss''^ \ Wig«rin of the Board Moss" | Walton
( Sanhurn ( Macphcadi'is
A Message to the Board hy Mess''^ Wigirin k Jennis w'"'
tlio Jate Treas'' Penhallows ace' Settled w^^' His Exec'' as on
lilc the Balh* due to th.e Province being <£llo: 8:3: —
Adj'' til tomorrow 10 aClock a. m.
Pro of X. Ilanij)
At a Gen' assem. pr adj^ fryd-ay May 5* 1727.
Present
His [Ion"- Jolni Wentworth Esif 1/ €4.)v"-
Mark Huidsiing \ R. Wil)ii'd \
Geo: Jaffrey > Esq'''* A. Mac})headris > Esq"*
Sliad^ Walton ) Joth Odiorne )
A Message to the Board by Mess"'^ Fellows k Jennis for
Slew proi)ortioning the Province Tax, and the Coniniitte
■appointed to })roject the Scheme are, of the House Mess'^''
Weare Gillman Wigsin Fellows Gerrish •& Atkinson k of
y' B<?ard Mess'* Hunking Jaffrey Walton Wibird ]\Iaci»hea-
dris, Odiornc.
Adj'' til tomorrow 10 a'Clock a. m.
16
242 PROVINCE OF NEW-HAMPSHIRE. [i727.
Pro N. Hamp"
At a Gen' assem. by adj' Saturday May 6'*" 1T27,
Present,
His Hon'' John Wentworth Esq' U Gov*"
Mark Hanking ^ R. Wibird ^
Geo: Jaffrey > Esq" A Macpbeadris V Esq"
Shad^ Walton ) J™ Odiorne )
A Message to the Board pr Mess" Fellows and Sanburis
w"* the following vote.
In The House of Represcn* May 6, 1727.
Voted That Cap^ William Fellows, Cap* Paul Gerrish &
M' Eph'' Dennet be [p. 427] a Comniitte of this House tt>
Joyn w"^ a Comniitte of the upper House to Examin M'
Treas'' Jaffrey's ace*' and make return to the General as-
sembly.
Jam'' Jeffrey Cler assem.
In Conn Eod die
Read and Concurred and Rich'^ Wibird Arch'' Macphea-
dris and Joth Odiorne Esq" appointed for the Service above,
R. Waldron Cler Con
A Message to tlie Ik^ard l)y Mess""^ Gerrish & Atkinson
with the following vote.
In The House of Represen' May G, 1727.
Whereas the allowance for His Hon"" tlie Lieu' Gov'' and
the JMemhers of Council and asscml)ly is not sufficient to
defray the Charges necessary when they attend, Voted
That His Hon'' the Lieu' Gov'' be allowed twelve Shillings
pr day and Each Member of the Council eight Shillings pr
day and Each Member of the assem Six Shillings pr day
while they shall attend and Sit in the General assembly
and to be p'd out of the Publtck Treasury from time to
time from and after the first day of this Present Session,
and that a Certificate from the Clerk of this House of Every
]\Iembers Service with the Memliers receipt thereon Shall
bo a Sufficient warr' and voucher therefor to the Treasurer
1727.] JOURNAL OF GENERAL ASSEMBLY. 243
for the payment thereof. This to Continue for three years
tt no longer.
Ja' Jefifry Cler assem
In Coun Eo*^ die
Read and Concurred
R. Waldron Cler Con
Adj'' til monday next 10 a'Clock a : M :
Pro of N. Hamp'*^
At a Gen^ assem held pr adj'
monday May 8"' 1727.
Present.
His Hon'' John Wentworth Esq-"^ L* Gov^
Mark Hunking )
Geo : Jatfrey [ Esq" R. Wil)ird ) Esq--"
Shad-'' Walton ) A M'pheadris j
A Message to the Board by CoP Davis w'^ a Vote for a
Committe to Number and Count over the Bills to be burnt
this Session w*^'* was Concurrd w"'
( Cap' Fellows
The Gent" of the House are | M'" Dennet
( M"^ Atkinson
( Wibird
of the Board Mess'"'' < Macphreadris
( Odiorne
Adj'' til tomorrow 9 a'Clock a : m :
[p. 428.] Pro of N. Hamp'-"
At a Gen' assem. pr adj* tuesday May 9*^'' 1727.
Present
His Hon'' John Wentworth Esq 17 GoV^
Mark Hunking ^ R Wibird 1
Geo : Jaffrey > Esq'"^ A Macpheadris > Esq"
Shad^ Walton ) J Odiorne )
adj'' til tomorrow 10 a Clock a : m :
244 PROVINCE OF NEW-HAMPSHIRE. [1727,
Pro of N. Hami/
Met according to atlj' Wednesday May 10"' 1727
Present
as Before.
Ordered that David Cargil Cyprian Jeffry Sam' Tod,
Sani' Sherbnrne and John Wingate be a Coniniitte to renew
or peianibnlate the line between Barrington and Rijchester
and also the head line of rochester and that they mai^e re-
turn of their doings therein upon oath as soon as possible
and that the Charge be born by the Proprietors of Barring-
ton Rochester the Batchelours & Coulerain in Equal parts
or proportion
R. Waldron Cler Con.
A Message to the Board by Col" Davis w'" the following
report & vote.
Pursuant to Vote of Gen^ as55eni. of May 4"' Ins* a])point-
ing us a Committe for proportioning the Province rate of
the Several Towns Parishes and Districts within tliis Prov-
ince, We having considered the same are of opinion that
in order to a more equal ascertaining the S'' Proportion that
there be an Act of General Assembly requiring Every Town
and District within the Province to bring into the General
assembly at their Session in May next the number of ratable
polls oxen Cows horses and Swine houses and lands Im-
proved in l<]ach Town and a valuation of the Income of the
Trade w"'in Each Town and that the Polls & Estates be
assess'd according to the following Estimate.
Polls 1() years old & upw'' 100'' Income upon trade 1''
upon y'' ])''' The Trade to be sworn to If Complaint be
made.
Offices 1'' upon the p''' of their Income, Ditto on houses
& lands Im|»roved at 6 y""- Income deemed to be y® Value at
1'^ on y'^ p'" Every ox 4 y'" old at £4 : — Cow at 3 y""" old
£2 : 10 Horse Ditto X4 : — Swine 1 y-" old £ — : IG.
[p. -i21>.] Sheep free for Encouragement
1727.] JOURNAL OF GENERAL ASSEMBLY. 245
Indian and Negro Slaves ad valorem from IG to 40 years
of age all which is humljly Submited, pr
Peter Weare Mark Hanking
Jii*^ Gillman Geo : Jaffrey
W. Fellows R Wibird
Theo : Atkinson A Macpheadris
In The house of represen' May 10"' 1727
Voted the above return be accepted w"' this amendment
(viz) That the Single poll be rated at 60" Listed of 100*^
and that Each Town Parish and precinct within this Prov-
ince be new proportioned every three years.
Jam Jetfry Cler assem
In Coun Eod die
Read and Concurred
R. Waldron Cler Con
Adj^ til tomorrow 9 a'Clock a: m:
Pro of N. Hamp'*^
At a Gen' assem by adj^ thursday May 11"' 1727
Present
His Hon"" John Wentworth Esq L' Gov"^
ilark Hunking ) R. Wibird \
Geo Jaffrey > Esq" A Macpheadris V Esq"
Shad* Walton ) Joth Odiorne )
Adj*^ til tomorrow 10 a' Clock a, m.
Pro of N. Hamp"^
Met according to adj* fryday May 12"' 1727
Present
Adj* til tomorrow 9 a Clock a. m.
24(5 PROTINCE OF NFW-HAMFSHIRE. [1727.
Pro of N. Hami/'^
At a Geu' assem by adj^
Saturday May 13"' 172T
Present
As Before.
The Connuittc appointed to Count over the niony to be
burnt this Session reported the Several Sums tliey had re-
ceived and from wliom as follow
[p. 430.] From M' Treas"^ Jaffrey of tlie
Tax mony ^984: 17: 10
of Ditto w'^'' he rec** of Treas'' Penhallow's
Exec^ £26: 2: 6
XlOll: — : 4
From The Grand Committe of f £15,000
pr y" hand of M^ Jaffrey £88 : 14 : 7 1-2
From y* Committe for Exch* old bills as follows
(Viz) From CoP Wear© £56: 17
Col" Hunking X15: 6
Geo: Jaffrey Esq--* £97: 1
RichMVibird Esq^'' £29: 5
CoPFlaisted £12: 19: 6
211: 8: 6
May 13^'' 1727
The foregoing report accepted by lx)th houses and y*'
Committe and persons are hereby discharged of y* Sura
before mention'' as respectively paid. The whole of the S**
Sums being Consumed to ashes.
Jam* Jeffry Cler assem
R. Waldron Cler Con
A Message to the Board by Mess" Stevens &, Jennis w"'
a Vote That the Town of Lond" Derry be taxed this year
for the Province Tax the Sum of forty pounds and that the
Treasurer Issue out his warr" accordingly.
Ja" Jeffry Cler assem
May 13"^ 1727.
1727.] JOURNAL OF GENERAL ASSEMBLY. 2-17
In Coim Eod die
Read and Concurr'd
R. Waldrou Cler Con
Adj** til Wednesday next 10 a' Clock a. m.
Fro of N. Ham}/*
At a Gen^ assem by adj'
Wednesday May IG, 1727
Present
His Hon^ John Wentworth Esq-"*^ L* Gov'
Mark Hnnking \ A M'pheadris ]
Geo Jaffrey [ Esq™ Jn" Frost \ Esq"
Shad'' Walton ) Joth Odiorne )
R. Wibird Esq
A Message to the Board pr Mess""^ Dennet & Sanburn w"'
a Vote That the Carriages and Wheels at y*^ fort be repair'd
by him or them that will do it cheapest and [p. 431] that
Col° Plaisted w*'' one of the Council be a Committee to let
it out and that the Stone work be deferrd for the Present
May 17, 1727 Jam' Jeffrey Cler assem
In Conn Eod die
Read and Concurr'd.
R. Waldron Cler Con
Adjorn'd til tomorrow 10 a'Clock a. m.
Pro of N. Hamp"^®
At a Gen' assembly by adjourn ni*
thursday May 18* 1727.
His Hon' John Wentworth Esq'^ L' Gov'
Mark Hunking J Rich'' Wibird )
Geo : Jaffrey [ Esq" A M'j^headris [ Esq"
Shad^ Walton ) Jii'> Frost )
Joth Odiorne Esq
A Message to the Board witli a Vote to Discharge Maj'
Gillman (of the Cypher alias Bills to Exch^ old Broken
Bills) of y'' Sum of £46 : 12 : 3
May 18, 1727 James Jefifry Cler assem
248 PROVINCE OF NE\T-HABIPSniRE. [1727,
In Coun Eoclem die
Roiid and Concurr'tl
R Waldron Cler Con
A Message to tlie Board by iSP Sanburn with a Vote for
])reparing an Act for a more Effectual Supply of the Fort
w"' powder which was prepared as at lai-ge may be seen by
tiie tenour of the Said Bill.
A Message to the Board by M'' Atkinson & Jennis w^^ the
following allowances
To Be nf Rust
Benj" Akornian
Stejih" Grecnleaf
Cap' Hen: Sherburn
Rich'' Waldron Cler
Jn° Newniarcli
Benj'' Rust
Sam' & J 11" Shackford — : 17 : -
May 18*" 1727. Jam^ Jeffry Cler assem
In Coun Eod die
Read and Concurred
R. Waldron Cler Con.
Adj'' til tomorrow 10 a'Clock a. m.
X— :
13
10:
—
1:
10
3:
1
75:
—
3:
7
16:
—
Pro of N. llamp^*'
At a Gen' assem by adj*
fry day May 19"^ 1727.
Present
His Hon' John Wentworth Esq''' L* Gov"-
Mark ITunking J R. Wibird J
Geo : Jaffrey [ Esq" A Mcpheadris [ Esq'«
Shad^ Walton ) Jn° Frost )
Joth Odiorne Esq'
[p. 432.] A Message to the Board pr M' Dennet w"' a Yote
for Signing nine hundred pounds of the mony last Imprint-
ed and putting it into the Treasury for the paym' of the
allowances made by the General Assembly.
May 19"' 1727. Jam' Jetfry Cler assem
1727.] JOURNAL OF GENERAL ASSEMBLY. 2-19
In Couu' Eud die
Read and Concun-ed.
R. Waldron Cler Con
A Message to the Board by Mess''* Fellows & Stevens w"*
a Vote Tliat M'' Trcasu'^ Jaffrey receive from the Exec'' of
the late M'' Treas'' Penhallow the Ballance of his acc^^ and
also two hund'' forty Seven pounds 9s 3-4 mony that was
put into the hands of the Said late Treasurer for Excli^ old
Bills
May 19"' 1727 Jam^ Jeftry Cler asseni
In Conn Eud die
Read and Concurr'd
R. Waldi-on Cler Con
A Message to the House hy the Cler w"' a Vote w*-"'' was
concurrd with & is as follows
In Coun May 10"^ 1727.
Voted That Geo Jatfrey and Rich'' Wil)ird Es(j'''' he a
Comitte from the Board to Joyn w"' Such as may be Chosen
by the House to thank M"" Agent Newman In liohalf of the
General Assembly for his favour and Service hitherto done
for this Province and to answer his late letters and give
him any further Instructions & directions that may be ne-
cessary relating to the Settlement of the Pi-ovince line and
further to desii-e him to make all possible remonstrance ag^'
having any recommend* or dii-ection Sent to this Govermen'
to Settle a Salary on a Command'' in (Miief if any such de-
sign Should boon foot. This Province being ever crami)'d
by the Ind" war being all frontier, and yet ever cheerfnll in
Making an Hon'''*' allowance for the Snpport of His Maj'"*
Goverment here even nnich l)eyond Its capacity and the
Same good Inclinations & loyal disposition Stil Continuing
In all His Maj^'^'* Untifnll Subjects liere, and that the Treas''
be directed to procure a bill of Exclr' of lifty pounds Ster-
ling for the S'd agent to enable to pass thro tlie further
busyness of this Province.
R. Waldron Cler Con
250
PROVINCE OF NEW-HAMPSHIRE.
[1727.
[p. 433.] Ill The House of Represent
The above Vote read and Concurr'd and Cap' W"" Fel-
lows and INP Atkinson appointed of the Comitte of this
House to Joyn w'" y*" Gent" above for y*" ends aforesaid.
Theo Atkinson Cler }>ro Tenip°
Adj'' til tomorrow 10 a'Clock a. m.
Tro: N. Hamj/^
At a Gen' assem by adj'
Saturday May 20"' 1727.
Present
His Hon-" John Wentworth Esq''' L' Gov"-
Mark Hunking "j R. Wibird ^
Geo Jaffrey > Esq" A Maci)headris > Esq""®
Shad^' Walton ) Jn" Frost )
Joth Odiorne Esq'*^
A Message to the Board by Mess'* Fellows & Jennis w"'
y'' lollowing allowances (Viz)
To Be nj^' Rust X 6: 4:9
Benj'' Gambling Esq'"'
Sam' Sherburn, Smith
Jn" Cut
Jn" Griffiths
Pass'd in the House
May 20"> 1727.
Jam* Jeffry Cler assem
In Conn Eod die
Read and Concurr'd
R. Waldron Cler Con
A Message to the Board by Mess""* Wiggin <fc Gil man w"*
a Vote for preparing a Bill for Striking two thous'^ pounds
w"^ was Concurr'd w"' and a Bill order'd to be prcpar'd
forth^^'"'.
A Message to the House by the Cler. w"' a Vote for a
X 6
X15
X 2
X —
X 1
18
10
5
1727.] JOURNAL OF GENERAL ASSEMBLY. 251
Committe to prepare for Gov'' Shutes reception y^"^ was
Concurr'd. The Gent" appointed by the Board are
Mess" \ f i^J^'^^l & of the House Mess" j ^^P?,l^,,,„
( & Wibird I dc Atkinson
A Message to the House by the Cler w"' a Vote appoint-
ing M"^ Atkinson receiver of y® })owd' Duty w"^'' was Con-
currd with.
A Message to the Board by Mess" Stevens & Jennis with
the following Vote
[p. 434.] Voted In the House of Represent
May 20"> 1727
"Whereas His Hon' the Lieu' Gov"" hath had the whole
Goverment Stil Continued upon him as Command'' In Chief
Voted That he be presented with & paid out of the Treas-
ury the Sum of one hundred pounds as Command"" In Chief
and for his Extraordinary Services done the good people
and Inhabitants of this Province that he be presented w^^
and paid out of the treasury the Sum of forty pounds more.
Jam* Jeffry Cler assem.
In Coun Eod die
Read and Concurr'd.
Rich'' Waldron Cler Con
A Message to the Board by M"" Fellows w**" M"" Treas""
Jaffrys Gen. ace* Curr* w"" the auditors report & represen*
vote of allowance thereon Except the articles of Commis-
sion for receiving & paying mony w*^'' vote was concurr'd
The House of Represent being sent for attended at the
Board when & where the Bills whose titles are as follows.
(Viz) 1 An Act for Impressing two thousand pounds
bills of Credit on the Province of New Hamp"^"
An Act for the Supplying more Effectually Fort William
& Mary with Powder.
Being Sign'd & Seald in their Presence The Gen' assem
was
9.'>-^
PROVINCE OF NEW-HAMPSHIRE. [1727.
Prorogued
til tuesday 20"' June
Next.
Further Prorogued til
20"' July next
Pro : of N. Hamp
At a Special Session of the Gen^ assem
on tuesday 27: June 1727.
Present.
His Hon'' John Wentworth Esq''' L' Gov^
Mark Hunking ^ Rich'' Wibird \
Geo Jaffrey > Esq^® A Mcphcadris > Esq"'*
Shad'* Walton ) Joth Odiorne )
A Message to the House by the Clerk to require their at-
tend** at the Conn Board, the Speaker and House came up
accordingly.
[p. 435.] Then His Hon"" acquainted them of the occa-
sion of his calling them together (viz) That the Lieu' Gov"^
of the Mass'* was going Eastward to treat w'^ Two Tribes
of Indians that were not Included in y'' pacification made
at Falm° last year and that he esteem'd it of the last Con-
sequence for this Goverment to Joyn in the affair. Then
the Speak'' and House w"'drew.
A Message to the Board by Mess''^ Tibbits and Sanburn,
with a Vote that Josiah Ned a Cape Indian and Souldier in
the pay of this Goverment in y* Canada Expedition have
the Gun deliver'd him that was then Given him.
Jam^ Jeffry Cler assem
June 27, 1727.
In Coun Eod die
Read and Concurr'd Rich'' Waldron Cler Con
By The same Message a Vote desiring His Hon"" to Com-
missionate one or More Meet Persons to Joyn w"' the Mass*
In behalf of this Goverm' In treating w"' y'' Indians &c*
17-27.] JOURXAL OF GICN'ERAL ASSKMCLY. 2o3
w*"' was rctui-ird hv Geo Jaffrey it H. Wibird Esq'" to be
reconsidered.
Adi'' til tomorrnw 10 a'Clock a. m.
Pro of X. llanip"
At a Gen' asseni l)y adj' Wednesday
June 28"' 1727.
Present.
His Hon'- John Wentworth Esq L' Gov'
^fark Hunking ) R. Wil)ird )
Geo JaftVey > Esq''' A ]\Ici>headris > Esq""*
Shad"'^ W^alton ) Joth Odiorne )
A Message to the Board by Mess"'^ Wiggin Dennet Ste-
vens and San'ourn with tlie following votes.
In The House of repi-esen' June 28"' 1727.
Voted That It is our advice that His Hon'' take two of
y" Conn, and one of this House as shall be by them ap-
pointed w"' him to Caseo Bay or Elsewliere to ratifie and
make any Peace he Siiall think fit and that the Treasurers
Snpply him with what inony or necessarys he Shall think
fit for that affair and that he make a present to y* Ind"^ of
ab' c£2o and that His Hon"" be desii-ed to l)e as frugal as
may ba Consistant w"' the Hon'' of the Governicnt in this
affair. Jam'" .Jcffry Cler assem.
In Coun Eod die
Read and Concnrr'd
R. Waldron Cler Con
[p. 4-S(j.] W Atkinson wns apjioinicd by the House and
Mess'''' Jaffrey Walton and Wibird by the Board to wait on
His Hon'' Eastw''.
Jam" Jeffry Cler assem
R. Waldron Cler Con.
In The Honse of Rej)resen' Jniie 28, 1727
Toted Tbat There be two hundred pounds of tlie money
In the Committes hands SignM olf and put into Mie Treas-
254 PROVINCE OF NEW-HAMPSHIRE. [1727,
ury for defraying the present charges in going to Casco to
meet the Indians.
Jani^ Jeffrey Cler : assem
In Coun Eod die
Read and Concnrred
R. Wahlron Cler Con
Prorogation
Continued til 20'" July
Next.
Further Prorogued til
20'" August Next
Further til 30'" August Instant.
Of the Treaty at Casco, 1727.
"Prov, of iSTew Hanpsliire.
"Tuesday, June the 27th, 1727. The House met by an especial
order from the Liu't Gov'r, &c.
A message from the Board that it was his Hon'rs pleasure yt the
house attend him at the Board. The House went up, and the Liu't
Governor made a speech which was: yt he had rec'd a letter from
Liu't Gov'r Dumer that came from the three Indian tribes that had
not come into the former peace made with the Penobscot Tribe:
and that he intended to meet them ye lOtli July at Falmouth and
desired his company: a copy of the Letter and ilr. Dumer's Letter
was sent down.
• Eod'm die. In the House of Eepresentatives.
Tlie question being put whetlier this Goverment shall send to
ratifie the Peace with those three tribes that hath now sent and
are waiting at Tirionet, it passed in the affirmative.
Yoted, that this Province send to Casco to ratify the peace with
the three Tribes of Indians now on Ivennebeck river in the man--
ner as don with the Penobscut."
Wednesday, June tlie 28th. In the House of Eepresentatives.
"Voted, that his Ilon'r the Liu't Governor be desired to commis-
sionate one pson or more, as his hon'r sliall think convenient, to
goe to Casco to treat witli tlie Indians there, with power to ratifie
the Peace already made with the Penobscut tribe and to make
peace witli any otlier Tril)e with whom we are at warr.
Eod'm die. A message was sent down with the above voat by
Geo Jatfrey, Esq'r to be reconsidered."
''An addition to the Governor's Speech was sent down, viz.
"Gent. The vote you sent up desiring me to appoint Comiss'rs
1727.J JOURNAL OF GENERAL ASSEMBLY. 255
to represent this Goverment for the makeing peace with the tliree
Tribes now waiting at the Eastward for our answer, I can by no
means adliere to: It being inconsistent with the hon'r of this his
Maj'ties Governi't so to do; therefore I advise you to reconsider
VourA'ote: We have now an op'tunity to make an hon'ble and
lasting peace witli those Indians that have so offten laid Avast our
dwelling places and cruelly murdered many of our friends and
neighbors: Avhich I think cannot be forgotten by us: more especi-
ally you that live on our frontiers. It lies entirely with you Gent,
of the house of Represent, this Board being all of opinion that it's
highly reasonable and necessary that wee imbrace the season. Let
us prefer ye peace, quiet, good settlement of our country and lives
of our friends before money; for I find there the matter sticks.
J, WENTWORTII."
''Eod'ra die. In the House of Representatives.
Voted, that it is our advice that his Hon'r take two of the Conn-
cill and one of the House (as shall be by them appointed) with him
to Casco Bay or elsewhere; there to ratify and make any peace he
shall think tit: and that the Treasurer supply him with what money
or necessaries he shall think fit for that aftaire, and that he make a
present to Indians of 201. and that his Hon'r be desired to be as
frugall as may be consistent with the hon'r of the Goverm't in this
aftaire.
Eod'm die. A message from the Board p. Geo. Jaffre}', Esq"r
that the above vote was approved oft': only that the psent to the
Indians of 20?. was too little: In the House it was amended and
made about 261. and sent up by the same messenger.
Voted, that Mr. Theo. Atkmson be appointed from this House
to goe AVith his Hon'r the Li'ut Governor to Casco or elsewhere to
ratify and make peace with the Indians,
Eod'm die. A message from the Board yt ye aboA'e voates Avas
concur'd and yt Sha. Walton, Geo. Jatfrey and R. Wibird, Esqr's
were appointed at ye Board.
Eod'm die. In the House.
Voted, that there be two hundred pounds of the mone}^ in the
Committees hands noAV signd oft' and ])ut into the Treasury for the
defraying the psent charges in going to Casco to meet tlie Indians.
A messa. from the Board p. Sha. Walton, ai'm. and the Clerk
that the above voat was concurd with."
Assembly liecords.
Indian Articles of Peace., July 25, 1727.
[From the original on Parchment.]
Bij Ihe Parties to these Articles.
The folloAving Article is unanimously and reciprocally agreed
upon for the more eflectually preserviiig The Peace, that if any
Hostility shall be CommittiMi or oftred to be committed by any
Indians on any of the English su])jects. The Tribes Avho have en-
tred into and Ratified tlie Peace Shall furnish and Supply ffifty
2*0 IPROVINCE OP NKW-HAMPSHIRE. [1727.
Tu litns with a Captain of their own and the English Two hundred
iind fi ty and So in Proportion, A Greater or Lesser Number as
O-cMsion shall Require. The forces to be paid and subsisted by
K a dish, and under ye Conduct of such a General Otlicer as the
Eir.dish Governour may judge proper — to pursue such refractory
Imlims, Either by Sea or Land and Compell them to live peace-
al)ly with their Neighljours. And if nny Other Tribes of Indians
siiall make Warr upon any of the Tribes now Entred into the
Peace, In Such Case the English shall assist Them at their own
C >st and Charge withe the Like Proportion of men as may be
NecessTrV.
DONE at the Conference at Casco bay, This Twenty-fifth Day
of Jnlv in the Tliirteenth Year of the Reigne of Our Sovereigne
Lol'd King George Annoq. Domini 1727.
J. WENTWORTH.
N itlil Paine. Jer. Moulton
Tliomas Berry Richard Bourne
John Quincy Stephen Minot
Samuel Wiliard Job Lewis
Joseph "White John Smith
Stepn. Eastwickc Tho. Smith
Jiisoph Bane Josepli Heath
Jo'an Alden Henry Phillips
Peter Weare Jno. Fitch
Amos [illegible] Cyprian Jeftry
Johnson Harmon Sam. Jordan
Edward Shove iTohn Gyles
Arrcsagontacook.
Ai-comowet X his mark [l. s.] Saroom x for Amresscoggin [L. S.]
Bauguaret x Nathaniel [l. s.] Joseph x xadewwando: son
nia [l. s.]
Scauiiwass [l. s.] Muguaandook x [l. s.]
Paucuuiiumba x met: [l. s.] Sabatist,s x [l. s.]
Waicecnock.
"Wassylssonon x bonett his mark [l. s.] Namayeen x [l. s.]
Sriwerramett x [l. s.] Moxus x of Neridgwook [l. S.]
Wawoora x of Neridgwock [l. s.] Neridgwook x [l. S.]
John X Hegon [l^s.] Moress x [l. s.]
Erremaumctt x Penobscut [l. s.] [r>. s.]
Kcrkhjicooh
Saoss:H/k X 2d Clueti" [l. s.] Nausjus x canwcl aUas
Capt. John [L. s.]
Conuwasg x [l. s.] ^ladocawando x [l. S.]
Ogexan(h) x [l. s.] Edauweno x [l. s.]
Erremenissa x Jno. Ilegoiiston [l. s.]
1727,] JOURNAL OP GENERAL ASSEMBLY. 257
Poiohscut
Bauterramcw x Secretary [l. s.] Transwacksuce x
Jiuls Sovoustou [l. s.]
Au2;usteen x [L. s.] Adawaukenht x [l. s.]
Victor X [r.. s.] Acteon x [l. s.j
tTmbrooses X [l. s.] Toman x [l. S.]
Pauterramett x JL. s.] Wamino x wett [l. s.j
Espegueret x [l. s.] Saguaroom x Lorou [l. s.]
Squadook x alias Luce [l. s.] Cezar x Moxus [l. s.]
A^yere x mett [l. s.] Joseph x [l. S.]
Stonesseress x [l. s.] Pequcsserss x Swan [L. s.]
Transsuack x Savern [l. s.] Ilenquid x {i.. s.] Arexes x [l. s.] .
The within written Artich'S Stipulated and agreed on, a>5 within
mentioned, by the within named delegates, (Viz.) Saguaram, alias
Lorou, Arexes, Francois Xavier and Maganumber, being distinctly
read over and faithfully interpreted to us yesterday at a Public
Conference, and by us well understood and having fully and ma-
turely considered tlie same. We underwritten, (Viz.) Moxus chieft"
Sachem and Sagamore of the Xeridgwock Tribe and Soossauck, id
chietf of said Tribe, Together with the underwritten Clneffs and
others of the said Tribe, for ourselves and in behalf of the Otlier
Tribes, Auyamuiuet Captain and Counsellour of the Arresagonta-
cook Tril)e, in his Brotlu-r's absence, together with the underwrit-
ten Chieffs and others of the said Tril)e. for ourselves and in behalf
of tlie other tribes, Xemniagen and Watzarral)oonett, Captains and
Connsellours Two of the Chieffs of the Wawenock Tribes delegated
by them Accompanied by Awennnonett the Chief Sachem's Son,
together with the underwritten Chiefs others of tlie said T)-ibe for
ourselves and in behalf of the other Trilies.
Do by these presents in a Pul)lick and solemn manner, (The Pe-
nobscut Tribe being present) for our several Tribes Respectively
Approve Consent to and liatitie all and singular the said Articles;
and all and each of them to all intents and purposes shall be and
aljide good, valid and binding upon us and our heirs and successors
respectively for ever.
Done at Falmouth, in Casco bay this Twenty-tirst day of July in
the Thirteenth year of ye reigne "of our Rightfull Sovereign King
George, Ainioq. Domini one thousand seven hundred and t'wenty
seven.
Wot':e)rock Tribe-.
Wooftsaurrahoouet x his mark (u 8.) Waherramet x Ids
mark (L. s.)
NTemadgeen x his mark (l. s.) Paleppamet x Lis mark (l. s.)
Sauwarramett x his mark (l. s.) Quino(*ise x his mark (l. s.)
17
258 PROVINCE OF NEW-HAMPSHIRE. [1727.
Arresagon tacook Tribe.
Auyomowet x his mark (l,. .s.) Parresonook x his mark (l. s.)
Loi-iii X his mark (l. s.) Backpaunumbaiimett x his mark (l. s.)
Saubabizt x liis mark (l. s.) Stzabaucaum x his mark (l. s.)
Maijauwondoeek x (l. s.) Scauiiwoss nite (l. s.)
Squadlike x (l. s.) IJauirualiaret x Nathaniel (l. s.)
Sauroom x (l. s.) Erremauessek x (l. s.)
Showasseen x (L. 8.) Fraussoway x -(l. s.)
Sussack X Son of Beauando (l. s.)
ISferidjicoek.
Moxus X C'hieff (l. s.) Soopausitck x 21 Chieflf (l. S.)
ISTagiscoig x alias Cajjt. John (l. s.) Suequautoemoug x (l. s.)
Pum x son to Tenamaugus (l. s.) Wawoorna x (l. s.)
Edauwena x (l, s.) MadcK'kawando x (l. s.)
Mendowet x (l, s.) Wawwheret x (l. s.)
Signed sealed and delivered in presence of us^
Stepn. Estwicke John Quincy
Edvv. Shove Job Lewis
Jer. Moulton John Smith
Jno. Fitch Cyprian Jetfry
Stephen Minot Joseph Heath
Wm. Brattle Steph. Greenleaf
Thomas Berx-y Peter Weare
John Pitts Jolin Gyles
Theodore Atkinson, Cler. Con.
Pro of N. Hami/^
At a Gen' assera by prorog'
August 30"^ 1727
Present
His Hou^ John Wentworth Esq'" L' Gov'
Mark II unking ] R. Wibird j
Geo: Jaffrey > Esq" A Macpheadris > Esq"*
Shad^ Walton ) Jotli Odiorne )
A jMessago to the House by the Cler Con w"' a Vote for
an Address of Condolence & Congratulation to His Maj"'
King George 2*^ & for a Committe to draught the Same viz
Mess'^ Jaffrey and Wibird from the Board.
Aug^' 80'" 1727 R. Waldron Cler Con
Eod die
Concurrd and Mess'* Fellows and Atkinson appointed by
the House for the Service above.
J^ Jeffry Cler assem
L727.] JOURNAL OF GENERAL ASSEMBLY. 259
The Committe Prepared and presented a Draught of an
address w'^'^ was accepted a Copy vrhereof is on file
A Message to the Board by And'"' Wiggin Esq''" w'^ a
Vote That Benj^ Follet keep a publick House In his dwell-
ing house in Streatham for one year.
Aug'^' 80^'" 1727. J' Jeffry Cler assem
In Coun Eod die
Concurrd. R. Waldron Cler Con.
[p. 437.] A Message to the Board w"' a Vote That M^
rreas"" receive from Maj'' Oilman and M'' Atkinson the Sum
they rec'' for the old Prison.
Ja' Jeffry Cler assem
In Coun Eod die
Read and Concurr'd R, Waldron Cler Con
Prorogued til
14 Nov 1727.
Pro : of N. Hamp""*
At a Gen' assem by Prorogation
tuesday O^-- 14 : 1727.
Present,
His Hon"- John Wentwortli Esq L* Gov-^
Mark Hunking ) R. Wibird )
Geo Jaffrev [ Esq^^ Jn° Frost [ Esq'"'*
Shad'' Wafton ) Joth Odiorne )
Prorogued
til 21«' Instant.
Pro of N. Hamp"^
At a Gen' assem. by Prorog*
tuesday 21" Nov' 1727.
Present
His Hon' John Wentworth Esq L* GoV
Mark Hunking ) p „ Shad'' Walton | -c- rs
Geo Jaffrey j ^^^ Rich*^ Wibird \ ^^^
A Message to the House to require their attendance at
230 PROVINCE OF NEW-HAMPSHIRE. [1727.
the Council Board The Speaker and House came up accord-
ingly and Then His Hon'' was Pleased to Dissolve the Gen-
eral assem. and accordingly they were
Dissolved.
In Conn.
Ordered That The Clerk forth""' Prepare a Precept In
the name of His ^laj''® King George the Second for calling
a New assem to meet and Sit on Wednesday the thirteenth
day of Dec'' next at Portsm" & So dc die in diem &c
[p. 438.] Pro N. Hamp^«
At a General assembly held at Portsmouth on Wednes-
day Dec'' lo*'" being the first Session 1727
Present
His Hon"" John Wentworth Esq L' GoV
Geo Jafifrey ) A Mc pheadris )
Shad'^ Walton [ Esq""" Jn" Frost V Esq"
Rich^' Wibird ) Joth Odiorne )
The High Sherriff made return of the Precept directed
to him for calling a New assem w"' the Names of the Per-
sons Elected & Deputed to Serve in the Said assem En-
dorsed on the Said Precept which are as follow
Cap' Geo Walker )
M^ Eplv'^ Den net | for Portsm"*
Benj-'* Gambling )
Cap* Josh^' Wingatc ) .y ,
TVfr T v 1 Hami)ton
Ar Jn° banburne \ '
Nath' Weare Esq""^ Hampton Falls.
Sam' Thing Esq--^' } ,.
W Bart"' thing ] ^^^^^^
Cap* Sam' Tibbits )
Cap' Paul Gerrish ^ Dover
M"- Jn° Smith )
]\P Theo Atkinson ) x- r, ,, p t>
n/ir T>- 1 d T • i ^- Castle & lire
M^ Kiclr Jennis
1727.] JOURNAL OF GENERAL ASSEMBLY. 201
Cap' Jn" Kniglit, Newing'l"ou
Cap' And"' Wiggin, Streath"
M"" Eben Stevens, Kingst"
Jam, McKeen Esq""® Lond° Deny
Mess" Jaffi-ey Frost & Cler Con were sent down to ad-
minister the oaths required by Act of Parliament to l)e
talcen by the persons above mention'd to qualifie them ibr
acting as an assembly which was done accordingly and they
were directed to proceed to the Choice of a Speaks
A Message to the Board by Mass" Atkinson & Sanbnrne
to acquaint His Hou"^ that the House had chosen Nath'
Weare Esq''° for their Speak'' which His Hon'" was pleased
to approve.
A Message to the House by the Cler : to require their
attend''' at the Board. The Speak'' and House came up ac-
cordingly. Then His Hon' made a Speech of which The
Speak'' obtained a Copy & He and the House withdrew, the
Speech is as follows.
[p. 439.] Gentii.
You are all Sensible that this assembly is callVl by the Px'ecept
of His Most sacred Majestie King Cleorge the second tlie Gentle
administration of whose Govenn' we hope to partake of in this
part of His Dominions,
And as this Province has on all occasions distinguislrd them-
selves in their loyalty and obedience So I persuade myself you
will now take all opportunities and Esteem it your duty to encour-
age obedience to His Majestic instil Principles of unfeigu'd loyalty
and affection to His Person and to His Illustrious Family in Par-
ticular and to His Goverment in General in the Several Towns you
respectively represent.
You will at all times Chearfully receive His royal Commands
and w*'' equal Pleasure enter on y"" Execution of them which will
Farther recconnnend you to His Maj""^^ most gracious favour and
protection.
The Pul)lick Concerns you will give the needfull dispatches to
and the making suitable Provision for the support of this His
Maj"'*^ Goverm' with what I have before recommended will fully
answer my Expectations of you and deserve my hearty thanks.
By lett"* from England I have the Confirmation of' His Excel-
lency W'" Burnet Esq'^'' being appointed by His Majestie Gov"" of
this 'His Maj"^^ Province of Xew Hamp™ etc He "is a Gent" of
known worth and has Justly obtain'd a universal rcijard from all
that had y" Hon'' to be und"" his (roverment and will make us a
2G2 PROVINCE OF NEW-IIAMPSHIRE. [1727.
Iiappy People when he arrives here if we are not wanting in pay-
ing that respect wliieh his Charicter So Jnstly deserves.
J. Wentworth.
Adj^' til Tomorrow 10 aClock A. M.
Pro : of N. Plamp™
At a Gen' assem held at Portsm**
byadj'DeC^H, 1727.
Present
His Hon' John Wentworth Esq'^ L* Gov""
Geo Jaffrey j A M'^pheadris )
Shad-'' Walton [ Esq™ Jn° Frost [ Esq"
R. Wibird ) Joth Odiorne )
[p. 440.] A Message to the House w'^ a Vote of Coun
for a Comraitte to prepare a bill for an additional Clause to
y® Act ab' Marriages births and burials Sent back non-
con curr'd.
A Message to the House by the Cler w"' the Petition of
Edw*^ Hall and others }»raying for a Parish in the North
part of Exeter for the reasons Set forth and a Vote of Coun
thereon w*''' was return'd pr Mess""^ Jennis & Sanburn Con-
curr'd w*^ the Petition is on file and the vote as follows.
In Coun Dec'- 14*" 1727.
Voted That the prayer of the Petition be Granted and
that the Petitioners have liberty to bring in a bill accord-
ingly and that the name of the Parish be Newmark'
R. Waldron Cler Con
In The House of Represen'
Eod die
Read and Concurred.
J Jeffry Cler as?em.
Adj'^ til tomorrow 10 a'clock a. m.
1727.] JOURNAL OF GENERAL ASSEMBLY. 263
Tro : of X. Haiiii/*
At a Geii^ assem by adj' fi-yday
Dec-- l-'V" 1727.
Present
His Uon' John Weutworth Esq"* L^ Gov''
Geo JalTiev ^ A ]\[acplicadris \
Shad-'' Walton [ Esq"^* Jn" Frost [ Esq'^
R. Wibird ) Joth Odiorne )
A Message to the Board pr Mess"^* Wiggin Walker and
Dennet with a vote for a triennial Choice of assem men To
which his Hon'" answered by Mess""^ Jaffrey and that the S**
Vote Should be Considered tomorrow.
Adj'' til tomorrow 10 a'clock a. m.
Pro of X. Hamp'"®
At a Gen' assembly by adj'
Saturday Dec'^ 16"^ 1727.
Present
His Hon'" John Wentworth Esq'" L' Gov^
Geo Jaffrey ^ A Macpheadris j
Shad* Walton [ Esq" Jn" Frost [ Esq'"^
Rich'' Wibird ) Joth Odiorne )
[p. 441.] A Message to the House by Mess"" Jatfrey &
Frost w^'' the Vote of the House Sent up yesterday for a
triennial choice of assem men and to acquaint them that
the Lieut Gov'^ was disposed to gratifie them in regard to
that matter so far as he might with Safety and to desire
them to consider how he might oblige them since there was
an act to that purpose already pass'd w"' a Saving Clause
and Sent home for the royal approbation.
Adj'' til tuesday next at noon.
£(34 PROVINCE OF NEW-IIAMPSHIBE. [17i7.
Pro X. lliiai[/'*
At a Geii" asseiu l)y adj'-
tucsday Dec'- I'j'^ 1727.
rresent
His Hon"" John Weutsvorth Esq" L' Oov^
CeoJaiiVey ) Jn° Frost )
Ricli" WilArd [ Esq'* Joth Odionie [ Esq'*
A Macplieadris ) Sha Walton )
A Mes&age to the Board by W Atkinson to desire to be
Inforni'd what M'' agent Newman had done in regard to the
triennial aet Sent home for y° Royal allowance His Hon"^
answered that he would Examine His lett'"* and give the
House an answer tomorrow.
By The Same Message the representatives answ'' to the
L* Gov'* Speech as follows —
3{a)j It Fkdse Yor Honr
You wa8 Plea-sed to remind us that this assem. is Calld by the
Precept of his Most Sacred Majesty Kinp^ George the Second, and
have also Commended this Province for their former Loyalty and
ol)edience and tliat you recommend tlie same principally to us. We
desire to return to Almighty God the Praises due to his Name by
whom It is that Kings reign that he hath been pleased so gra-
ciously to Bless y*' English Xalion and protestant Interest as to Set
a Prince of Such royal Endowm'* as King George the Second is
ui)on the British Throne, And we take great Pleasure in Assuring
ourselves that Ave liy the Good providence of God shall be Sharers
in So great a blessing as to be under the Goverment of so noble a
Prince and Shall at all times manifest our loyalty and obedience, to
his royal Couiauds as good Subjects and Depend upon being pro-
t-ected by him.
[r. 4:J:2.] As for the atfairs of this Sessions we Shall make ali
the Dispatches the Concerns thereof will admit of, as for the Sup-
port of the Goverment of this Province we have always Exerted
ourselves to the utmost of our ability and considering the Extream
Scarcity of mony and the many ditticultys we labour und'' we hope
we Shall retain our former Character.
Your Hon'' was pleased to Inform us That His Excellency Wil-
liam Burnet Escf'^ is Expected to l)e our Governour, and if by the
Providence of God he shall arrive here w* a Commission to be
Governour We Shall i)ay him all regards due to a Conunand'' In
chief. " iSfath' Weare Speak^
Adj'' til tomorrow 10 a' Clock a.m.
1727.] JOURNAL OF GENERAL ASSEMBLY. 265
Pro of X. Hainp
At a Gen' asseui by adj' Wednesday
Dec-- 20'" 1727
Present
Uis Hon' John AVcntwortli Esq"" L' Gov'
Geo Jaifrey ) Arch Macplicadris } ^ ,.,
Shad'^ Wafton [ Esq''^ Juth Odiorne \ ^^^
Rich-' Wihird )
A Message to the Board in writhig pr Mess""^ Sanbiirn and
Thuig being tlie opinion of the House in relation to tiie
Passing an x\.ct for a triennial Clioice of asseni men w''"
was returned pr Mess""* Jaffrcy and Wibird fur further con-
sideration wlio were directed to Signilie to the House that
the Board would also Consider furtiier of their desire.
Adj'' til tomorrow 10 a'Clock a. m.
Pro of X. Hamp"=
At a Gen' assem by adj'
thursday Dec'' 21''' 1727.
Present
His Hon"' Joliu Wentworth Esq''^ L' Gov-"
Geo Jattrey \ A Macj;lieadris )
Shad^ Wafton [ Esif* Jn" Fi-ost [ Es(f^
II. Wibird ) Joth Odiorne )
A Message to the Board w"' a Vote of tlie House rccoji-
sidered and Corrected In ]-e]ation to a triennial Choice of
assemlily men w*^^'' is as follows
[p. 44o.] Whei'cas It is the uni\TM>al ami I"]arncst de-
sire of His Majes'"'^ good Subjects within This I'rovince to
have a triennial choice of assem men which is in itself
most reasonable and not onely consonant to the use and
Custom of Great Britain but in Effect a com|ilyance w"'
His late Maj'"'^ royal Mind wlio has in Exj)ress words by
Gov"" Shutes Commission Comanded that the laws Statues
and ordinances of this Province be not repugnant to liut as
near as may be to the laws and Statues of the Kingdom of
266 PROVINCE OF NEW-HAMPSHIRE. [1727.
Great Britain Wliereby the Constitution and Statues of the
S'' Kingdom no Parliament can continue and be longer than
three years Therefore — Voted That there be an act drawn up
tliat no assem or lower house of represent of this Province
whatsoever shall have any Continuance longer than for
three years onely at the furthest to be accounted from the
day on which by the writ they are appointed to meet : and
that this assembly shall cease on the thirteenth day of Dec'
1730 unless the Command'' In Chief for the time being
think fit to Dissolve it sooner and that there Shall be fifteen
days at least between the date of the writ for Electing
them and the day of their being chosen and that y^ Notifi-
cations for calling the meetings for the Several Choices in
Each respective Town and precinct that a representative is
to be chosen in Stand up two Publick days at least before
the day of Election of Such represent unless it be upon
Extraordinary Emergencies.
Doc'' 15, 17-7. James Jeffry Cier Assem.
In Conn Eod die
The above vote and the Sundry Messages relating thereto
having been duly considered Voted a Concurrence there^"^
and Geo Jaffrey Shad'^ Walton and Jn" Frost Esq''' appointed
to prepare the Bill according.
Pass'd Nemine Contradicente
R. Waldron Cler Con
In The House Eod die
Mess"''^ Gambling Wiggin & Dennet appointed for the
Service above.
Jam® Jeffry Cler assem
Adj'' till tomorrow 10 a'Clock a. m.
1727.] JOURNAL OF GENERAL ASSEMBLY. 267
[p. 444.] Pro : of N. Hamp"
At a Gen' assembly at Portsni" by
adjournment fryday Dec"" 22*^ 1727
Present
His Hon-^ Jn° Wentworth Esq"^^ Lieut Gov""
Geo Jaffi-ey Shad--^ Walton, Rich<i Wibird, Arch*^ Mac-
pheadris, John Frost, Jotli Odiorne Esq''^
A Message to the Board by Mess''^ Tibbits and Thing w^^
a Vote ab' Marriages births and burials which was rejected
& sent back
A Message to the Board by M"" M'^Keen with the follow-
ing Vote (Entered in to morrows minutes.)
Adjourn'd til tomorrow 10 a'Clock A. M.
Pro of N. Hamp"
At a Gen' asscm. held at Portsm° l)y
adjournment Saturday Dec^' 23'' 1727.
Present.
His Hon-" John Wentworth Esq L' Gov-"
Geo Jaffrey \ A M'^pheadris )
Shad^ Walton \ Esq" Jn'' Frost \ Esq''^
Rich'i Wibird ) Joth Odiorne )
A Message to the Board by Mess""^ Winget ct Knight witli
the following Vote.
In The House of Represen'
Dec'- 22'' 1727.
Voted That Benj^ Gambling Esq and M"" Eplr' Dennet for
the Town of Portsm" Sam' Thing Esq and M'" Barth" Thing
for the Town of Exeter, M"" Speaker Weare and Cap' Josir*
Winget for the Town of Hampton be a Committe from this
House to joyn with Sucli as Shall be appointed ))y the upper
House to go to the Trustees that are in Each of tlic re-
spective Towns al)ovesaid that had part of the five thousand
three hundred and Eighty four pounds new bills for Ex-
changing the old Cypher bills, and Examine what has been
brot into the assemblv and burnt, and to see and tell over
263 PROVINCE OF NEW-HAMPSHIRE. [1727..
wliat tliey and eacli of thciii have in their hands and make
retnrn to the assembly as soun as conveniently [p. 44.').]
they can and also that the Plates that are in the hands of
Col" John Plaisted 1)C now pnt into the hands of Benj^
Gambling Esq. and that the Said Gambluisi; and Den net
are hereby directed to take said Plates.
Jam Jeffry Cler assem
In Conn Dec'" 23^
Read and Concurred and the Examination of the Trnst-
ees as above left to the Gent" above mentioned.
R. Waldron Cler Con
James M°Keen Esq''^ brot up the following Vote
In The House of Represen'
Dec'-23''1731-[27?]
Ordered upon the Motion of James M° Keen Esq and
Considering the Infancy of the Town of London Dei'ry Pro-
vided they keep two Schools for writing and reading in
Said Town that they be Exempted from the Penaltys in
the laws of this Province relating to Gramar Schools for
one year now next ensuing and to Commence from their
annual meeting in March next and all Courts that have au-
thority in that affair are to take notice of this order and
conform according to it. Jam^ Jeffry Cler assem
In Coun Eodem die
Read and Concurred with this amendment namely that
the Town of London Deny be Exempt two years instead of
one and that the Said Town be obliged to maintain two
writing and Reading Schools at least in the mean time.
R Waldron Cler Con
In the House of Represen* Eod die.
Read and Concurr'd with the amendmen'
Jam Jeffry Cler assem.
Adjourned
Til tuesday the second January
next At noon.
1728.] JOURNAL OF GKXKRAL ASSKMHLY. £C9
[['. 440.] Pro X. Hainp"
At a General assembly held at Portsmouth
by adj' Tuesday Jan^^' 2^* 1727.
Present
Elis Hon'- John Wentworth Esq L' GoV
Mark Hunking- \ John Frost ^
Geo Jatfrev ' > Esq" Joth Odiorne [ Esq""'
Pvich'^ Wibird ) A Mcpheadris )
Ad)ourn''d til tomorrow 10 a'Clock A. M.
Pro of X. Hamp'*^
At a General Assembly held at Portsmouth by
adjournm* Wednesday Jan"'-" S*^ 1727-8.
Present
His Hon'' John Wentworth Esq L* Gov''
Mark Hunking ) Rich'^ Wibird )
Geo JaftVey [ Esq"'* Arch'' M^'pheadris V Esq"
Shad'' Walton ) Joth Odiorne )
Jn° Frost Esq
A Message to the Board by ^less" Dennet & Sanburn
with a Vote of the House for repealing several Clauses in
Several laws relating to appeals to the Governour and Coun-
cil wliich was read and non Concurred nemine Contrndi-
cente, and sent down by Geo Jaffrey and Sluuh-ach Walton
Es(|''^ together with the Governours Instructions & ordei':^
to read one ])aragra})h of the same relating to the Court of
ai)peals.
Adj'' til tomorrow lU a'Clock a. m.
270 PROVINCE OF NEW-HAMPSHIRE. [1727.
Pro : N. Ham|/°
At a Geii^ assembly held at Portsin°
by adjournments Thursday Jau''-' 4"'
1727, 8.
Present,
His Hon-- John Wentworth Esq L* Gov'
Mark Hunking ) Rich<^ Wibird ^
Geo : Jaffrey > Esq-"^ A M^^pheadris ^ -p „
Shad'-^ Walton ) Jii° Frost ( ^^
Jotli Odiorne j
A Message to the House by M"^ Frost w"' a Vote for Sur-
veying Winnipishoky Pond & y" fresh rivers &c=*
Adj'' til tomorrow 10 a Clock a. m.
[p. 447.] Pro of N. Hamp''^
At a Gen' assembly held at Portsm" by
adjournment fry day Jan"^^' 5"^ 1727, 8
Present,
His Hon'' John Wentworth Esq''^ L' Gov""
Mark Hunking ) Rich'' Wibird )
Geo Jaffrey [ Esq""" Arch" Macpheadris V Esq""*
Shad=' Walton ) John Frost )
Joth Odiorne Esq
A Message to the Board by M' Atkinson with the Vote
of Council Sent down yesterday relating to Winnipishoky
Pond nonconcurr'd And by Cap* Winget the following
Vote,
In The House of Represen* Jan""-'' 5"', 1727, 8
Voted that Andrew Wiggin Esq and Mr Theo'" Atkinson
be a Comitte of this House to Joyn with a Committe of
the upper house to Examine the accounts bro't in this Ses-
sion and make report thereon to the assem for approba-
tion.
Jam' Jeffry Cler assem
1728.] JOURNAL OF GENERAL ASSEMBLY. 271
In Couii Eod die
Read and Concurr'd and Cap' Wibird and Cap* M'^phea-
dris appointed for the Service above.
R. Waldron Cler Con
Adj'' til tomorrow 10 aClock a. m.
Pro of N. Hamp™
At a Gen^ assembly held at Portsmo by
adj' Satnrday Jan''^' G"', 1T27, 8
Present,
His Hon"- John Wentworth Esq L' Gov'^
Mark Hnnking ) A ISPpheadris ^
Geo: Jaffrey " [ Esq" John Frost S Esq"
Shad'' Walton ) Joth Odiorne )
Adj^' til Monday next 10 a'Clock a. m.
Pro of N Hamp''^
At a Gen' assera by adj' at Portsm"
Monday Jan'^ 8'»> 1727, 8
Present
His Hon"" John Wentworth Esq L* GoV^
Mark Hanking ) A M'^pheadris )
Geo Jaffrey S Esq^'^ John Frost V Esq™
Shad'' Walton ) Joth Odiorne )
Ad'f til tomorrow 10 aClock a. m.
[p. 148.] Pro: of N. Hamp-*
At a Gen' assembly held at Portsm"
by adjonrnment tuesday Jan''^ 9"'
1728, 9
Present,
His Hon^ John Wentworth Esq L' Gov"^
Mark Hunking ] Arch'' M'^pheadris )
Geo Jaffrey [ Esq'** J\i" Frost [ Esq"
Shad'' Walton ) Joth Odiorne )
272 PROVINCE OF NEW-HAMPSHIRE. [1728.
A Message to tlie Board by Mess''* Wio;gtii & Atkinson
with a Vote for a new regulation of the Court of appeals
upon which W Jaffrey and Cap' Odiorne were sent down
to acquaint them His Hon'' was much Surprised at the
Vote since lie had Communicated Instructions to them on
that head.
His Hon'' was pleased to declare that "Whereas Henry
Sherburne Esq had been heretofore recommended home in
order for His Majestys Mandamus to be of the Council in
this Province, and Sundry Members of the Council being
at this Juncture al)sent and Indisposed whereby the busy-
ness of the Present Session may be impeded for want of a
quorum of Councill''^ Therefore he resolved that the Said
Henry Sherburne Esq be desired to give his attend* at the
Board in order to be admitted a Member of the Council
who came and having taken the proper oaths His Hon'' di-
rected him to take his [)lace accordingly.
Adj^' til tomorrow 10 a' Clock a. ji.
Pro : of N. Hamp'''^
At a General assemlHy held at Portsm"
by adj'^ Wednesday Jan''^' 10"' 1727, 8
Present
His Hon*" John Wentworth Esq ]} Gov''
Geo Jai'fi'oy j Mark Hunking ]
Shad'' Walton [ Esq^ Arch" M'-'pheailris [ Esq*
Jn" Frost ) Joth Odiorne )
Henry Sherburne Esq
A Message to the Board by Mess''* Gambling & Wiggin
to pray the Ccjuncil to reconsider the vote of the House for
regulating the Court of appeals w"-''' was non Concurr'd
yesterday.
[p. 441>.] A Message to the House by Col" Walton &
Caj>' Odiorne to accpiaint them tlie Council would Consider of
the regulating the Coui't of appeals next Spring Session.
1728.] JOURNAL OF GENERAL ASSEMBLY. 273
A ^[essage to the Board by Mess''* Atkinson and Knight
with a Vote relating to the Court of appeals and for an
agent Whereupon Mess" Jaffrey and Frost were sent down
to tell the House their Vote was a Scandalous libel, and to
propose to them to recall & reconsider it.
A Message to the Board by Mess" Tibbits & Stevens
with a Vote for immediately printing the Votes of Gen'
assembly this Session which was read and Non Concurr'd
and sent down by the Clerk.
Adjournd til tomorrow 10 a' Clock a. m.
Pro: of N. Hamp^^
At a General assembly held at Portsm°
by adjornm' thursday Jan''^' IP' 1727, 8
Present,
His Hon-" John Wentworth Esq L^ GoV
Mark Hunking ) Arclf' M'^pheadris )
Geo : Jaffrey [ Esq" John Frost [ Esq'"^
Shad'* Walton ) Joth Odiorne )
Henry Sherburne, Esq
A Message to the House by Mess" Jaffrey and Frost w'^
a Vote of Council in reply to the Vote the House sent up
yesterday relating to an agent.
A Message to the Board by Mess" Wiggin and Tibbits
with an answer of the House To the Vote of Council sent
down to day in Vindication of the House from the reflec-
tions in the Councils Vote.
Adj'' til tomorrow 10 a'Clock a. m.
18
274 PROVINCE OF NEW-HAMPSHIRE. [1728.
Pro : of N. Hamp
At a Gen' assembly held at Portsm"
by adjornm' fryday Jan'^-^' 12"' 1727.
Present
His Hon-^ John Wentworth Escf*^ L' Gov--
Mark Hunking ] A Macpheadris ]
Geo Jaffrey [ Esq" Joth Odiorne [ Esq"
Shad Walton ) Hen. Sherburne )
[p. 450.] A Message to the board pr Mess" Stevens and
Dennet with a Vote for repealing the Powder Act which
was returned Ijy the Clerk non Concurr'd.
Adjourn'd till tomorrow 10 a'Clock a. m.
Pro : of N. Hamp^^
At a General assembly held at Portsmouth
by adj' Saturday January 13, 1727, 8
Present
His Hon'' John Wentworth Esq'"'^ L' Gov--
Geo Jaffrey ) ^ , A. M'^pheadris )
Shad'-' Walton \ ^^^^ Joth Odiorne [ Esq''^
Hen. Sherburne )
A Message to the House by Geo Jaffrey Shad^ Walton
and Joth Odiorne Esq'^ to adjourn them til
Tuesday y« 23^' Instant.
Pro : of N. Hamp''*
At a General assembly held at Portsmouth
by adjornm* Tuesday January 23, 1727, 8
Present
His Hon'^ John Wentworth Esq Lieut Governor
Mark Hunking J A M'^pheadris J
Geo Jaffrey > Esq" Joth Odiorne > Esq'^
Shad-' Walton ) Hen. Sherburne )
A Message to the Board by Mess" M'^Keen and Cap'
Knight to acquaint His Hon'' that Cap* Paul Gerrish who
1728.] JOURNAL OP GENERAL ASSEMBLY. 275
was returii'd to Serve as represent for Dover was now come
to the House, and that the Speaker prayd he might be
qualified.
A Message to the House by Mr Jaffrey Mr Odiorne and
the Cler : to adm'' the Oaths to the S'' Cai)t Gerrish w'^'' was
done.
Adj*^ til tomorrow 10 aClock a. m.
Pro : of N. Hamp""^
At a General assembly held at Portsmouth
by adjournm* Wednesday Jan. 24"' 1727, 8
Present
His Hon'" John Wentworth Esq Lieu* Gov*"
Mark Hunking ) ^ Shad^ Walton ) ^ „
Geo. Jaffrey \ ^^^ Jn° Frost \ ^^^
A Macpheadris )
Joth Odiorne [ Esq"
H. Sherburne )
[p. 451.] A Message to the Board from the House to
pray a Conference upon the Subject matter of repealing the
riotous act and regulating the Court of appeal.
& Message to the House by John Frost Esq to acquaint
them that the Council Consented to and were ready for
tlie Conference they proposed whereupon the Speaker and
House attended at the Board and the two points above
mention'd being fully discussed they withdrew to their own
Chamber
In Coun,
Ordered That the Clerk Issue a Warrant ag'^' Benj'' Rust
To answer before The L' Gov"" and Council for Sundry In-
direct reflections upon them &c'' The Same was done &
The Said Rust brot Ijeforc the Board & Then It was re-
solved that he attend at the Council Cliamber on tlie sec-
ond Wednesday in fel)""^' next in order to his tryal, and that
he be Committed to Goal in the mean time or recognize to
His Majesty in the Sum of 400 £ w"' two Sureties in the
276 PEOVINCE OF NEW-HAMPSHIRE. [1728.
Sum of 200£ each to appear at the S'^ day and to abide
the Sentence, then to be pass'd upon him, and that he
should be of good behaviour in the mean time. He recog-
nized according to ord"".
all y° papers relating to rust viz warr' recog. & Deposi-
tions were Deliverd to y® Cler : Sup"" Court pr ord"^ L' Gov^
Adj'^ til tomorrow 10 aClock a. m.
Pro. of N. Hamp^°
At a Gen' assem held at Portsm'' by
adjournm* Thursday Jan'"-^' 25'^ 1727, 8
Present
His Hon"" John Wentworth Esq L* Gov'"
Mark Hunking ) ,. Shad^ Walton { ^
Geo : Jaffrey \ ^^ A ]\Ppheadris \ ^^^
Jn° Frost J
Joth Odiorne > Esq"
H. Sherburne )
Adj*^ til tomorrow 10 a Clock a. m.
Pro of N. Hamp^«
At a General assembly held at Portsm"
by adjournm* fryday Jan'^^' 26, 1727, 8
Present
His Hon"" John Wentworth Esq Lieu* Gov'
Mark Hunking ) ^ ^ Shad^ Walton ) ^
Geo Jaffrey j ^^^ a M^pheadris ] ^^^
Jn'' Frost J
Joth Odiorne > Esq^
H. Sherburne )
A Message to the House by Mess" Jaffrey and Frost to
acquaint them if they w'd prepare a suitable Yote to re-
peal y® riot act y® Board w'd Concur.
[p, 452.] a Message from the House with the following
votes.
1728.] JOURNAL OF GENERAL ASSEMBLY. 277
111 The Houso of Represent Jan : 26 1727, 8
"Whereas There was an act pass'd in this Province in the
Seventh year of His late Majesty King George 1^* Entituled
an additional act for the Punishing Criminal offenders and
for the preventing tumultuous & riotous assemblys which
Act was made on a Supposition that there might be some
disorderly persons in Said Province disaffected to His Said
late Majesty and the Establishment of the Crown on the
Illustrious House of Hanover, and inasmuch as it is now
apparent that there has not heen discovered so much as
one Such disaffected Person within Said Province but on
the Contrary that His Majestys Subjects here are Strongly
an universally attach'd to Plis Majestys Interest Person
and Goverment and to the afores'^ happy Establishm* of the
Crown Therefore Voted That the Said Act and Every
Clause thereof be repealed and that an act be drawn up
accordingly, and that Benj^ Gambling Esq and the Clerk of
the House be of the Committee from this House to joyn
with a Comitte of the upper House to draw up the act ac-
cordingly.
Jam'' Jeffry Cler assem
Jan"^ 26, 1727, 8
In Coun. Read and Concurrd and Geo Jaffrey and
John Frost Esq" appointed for the Service above
Pass'd nemine Contradicente
R. Waldron Cler : Con
A Message to the House pr Col° Walton w"' a Vote of
Council Pass'd yesterday for a Committe to accompany the
L' Gov'' to Boston to meet Gov'' Burnet &c^ w''^ was returnd
non Concurr'd.
A Message to the Board by Mess'''' Dennet and Jcnnis
w"' a Vote of the House for a Committe of y*^ House to
meet y*^ Gov"^ at Boston, and a Committe of the Council to
do y® like distinct if yy Saw meet which was returnd non-
concurr'd.
A Message to the House by Cap' Sherburne w"' a Vote
278 PROVINCE OF NEW-HAMPSHIRE. [1728.
of Council for a Comitte of both Houses Conjunc' to wait
on y^ Gov"^ at Boston returnd non concurr'd.
[p. 453.] A Message to the Board by Mess" Stevens &
Jennis with the following Votes.
In The House of Represent
Jan'-y 26, 1727, 8
Voted That Capt Geo Walker and Mr Eph'' Dennet be a
Committe of this House to joyn with a Committe of the
upper House to provide a House fur the entertainm* of his
Excellency Gov'' Burnet against his arrival and that when
he Shall give notice or it be known when he intends to
come into this Province, that Said Committe make Suitable
provisions for his reception & Entertainment here and that
the Treasurer Supply Said Committe with mony for the
end above said.
Jam" Jeifry Cler assem
In Coun Eod die
Read and Concurrd and Cap* Wibird and Cap* Sherburn
appointed on the Part of the Board for the Service above.
R Waldron Cler Con.
In The House of Rcpresen' Jan-'J' 26, 1727, 8
Voted That There be signd off the Sum of Seven hun-
dred pounds by the Comitte that is apjjointed for Signing
the Bills last printed and put into the Treasury for the
Payment of what Debts are now allowed or due from this
Province and that His Hon"" the Lieu' Governor be desired
to Issue out his warrants for payment of the same to those
Persons to whom it is due.
Jam' Jeffrey Cler. assem.
In Coun Eod die
Read and Concurr'd
R. Waldron Cler Con
In The House of Represen* Jan'^" 26, 1727, 8
Whereas there was five thousand three Hundred and
Eighty four pounds in bills of Credit on this Province Put
1728.] JOURNAL OF GENERAL ASSEMBLY. 279
i:ito suiidiy persons liancls for the Exchanging of the old
Sign'd bills of Credit on this Province and there being
more than what is Sufficient to Exchange what there is out,
of the Said old mony Therefore
Voted That the Persons in whose hands the S'' Bills or
any part thereof are, be directed to bring the same into the
General [p. 454.] assembly on the third day of the spring
Sessions with their accounts of what they have Exchanged
and the several Persons be served with a Copy of this
Vote Jam^ Jeffry Cler assem
In Conn Eod die
Read and Concurrd
R. Waldron Cler Con.
Sundry Persons of London Derry Presented a Petition
to The Gen' [Assem] Praying a regulation of some of the
Town affairs w'^'' was Ijrot to the Board by James j\PKeen
Esq The Petition is on file, and the Votes thereon are as
follow
In The House of Represent
Jan^' 26, 1727, 8
The al)ove Petition being read ordered that the Petition-
ers serve the opposite Partys Concern'd w"' a Copy of the
Petition and that they appear Each party the Second day
of y'^ sitting of the Gen' assembly in the Spring Sessions to
be heard on the Premises.
Jam Jeffrey Cler Assem.
In Coun Eod die
Read and Concurr'd
R. Waldron Cler : Con
Auditors report
allow'd To Rich'^ Perry for Sundrys at the
Fort X20: — : 5
To Jn« Robinson Ditto .£11 : 19 : —
To Benj^ Rust for house hire til y°
10 Oct'' last if accordino- to as;reem' =£ 16 : — : —
280 PROVINCE OF NKW-IIAMPSHIRE. [1728.
To John Wentworth for Sundiys at
y*^ Fort £5: 8 : 6
To Tho^ Harvey for Goudela hire £ — : 15 : 4
To Beuj^ akerman a day service &
Canoe X — : 6 : —
arch*^ M°pheadris
' And Wiggin
Theo atkinson
In The Honse of Represent Jan-^" 10"^ 1727, 8
Voted That the above return be accepted and that there
be paid out of the Public Treasury to the Several Persons
the Sums Carry'd off and that there be further allow'd and
paid out of the Publick Treasury to the Several Persons as
under written [p. 455.]
To Timo Davis for the use of his boat damage
she sustained at y® ratification <£2: 5 : —
Benj'^ Rust for Publick Exp"^*^ to Jau--^' 10,
1727,8 .£6: 14: 4
Clem* Hughes for Service &c^ <£8: 11: 4
James Jeffry for Services as Cler assem from
19, O'^-^ 172G to 9'^'- 19"^ 1727 £15: — : —
Jam^ Jeffrey Cler assem
In Conn Jan 26, 1727, 8
Read and Concurr'd
R. Waldron Cler Con
Mr Treasurer Jafifreys Particular ace' Including the
whole Expence of Disbursmt* and allowances for time of y*^
Gentlemen the Tend'' and Portlege bill amounting to
X888 : 5: 11 : as on file was voted upon as follows
In The House of Represent
Voted That The Said account be allowed and Paid as the
Several Sums are Carryed off and that there be Signed off
by the Committe for Signing the mony last printed the
Sum of one hundred eighty eight pounds five Shillings and
1728.]
JOURNAL OF CxENERAL ASSEMBLY. 281
eleven pence for the Pa3'ment of the above account besides
tlie two hundred pounds ah-eady put in.
Jani'^ Jeffry Cler. assem.
In Council Jan^-^ 20, 1727, 8
Read and Concurred
R. T^^aldron Cler Con
In The House of Represent Jan 12, 1727, 8
Allowd Benj*^ Gambling Esq for administering the oaths
to the People thro the Province by the L*- Gov''* order XI:
Jam* Jaffrey Cler asrcm
In Coun Jan--^- 26, 1727, 8
Read and Concurred
Rich-J Vraldron Cler Con
Adj*' til tomorrow 10 aClock a. m.
[p. 450.] Pro : of N. Hamp^'^
At a Gen' assembly held at Portsmouth
by adjm* Saturday Jan'-^ 27, 1727, 8
Present,
His Hon"" John Wentworth Esq L' Gov''
Mark Hunking ) A Macpheadris ^
Geo Jaffrey [ Esq''* Jn° Frost \ Esq''
Shad^ Walton ) Joth Odiorne )
Henry Sherburn Esq
A Message to the Board by Mess''* Atkinson & M'^Keen
w'^ the following Vote.
In The House of Represent Jan 27, 1727, 8
Whereas M'' agent Newman hath by a letter To His Hon''
of y*' 25'" of September last Signifyed that he thinks his
Commission ceases w'" Gov"" Shute's It being from him
therefore
Voted That His Hon'' the L* Gov'" be desired to acquaint
the Said agent that It is the mind and direction of this
House that he imploy the mony in his hands in prosecuting
the Settlement of the lines of the Province according to
former Instructions, and that this House Imagine that his
282 PROVINCE OF NEW-HAMPSHIRE. [1728.
former Commission together with what His Hoi/ (by virtue
hereof) Shall write him will be Sufficient power for him
for that end.
Jam^ Jeffrey Cler : assem
In Council Eod die
Read and Concurrd
R. Waldron Sec'^y
A Message To The House by Mess" Odiorne Sherburne
& the Clerk to Prorogue them, to the Second tuesday in
May next.
Prorogued to y^ 2'^ tuesday in May 1728.
March 27"^ 1728 The General Assembly
Dissolved by Proclamation.
[p. 457.] Pro. of N. Hami/*^
At a Gen' assembly held at
Portsmouth Apr' 9"^ 1728.
Present
His Hon^ John Wentworth Esq L* Gov'"
Mark Hunking ) Rich*^ Wibird )
Geo Jaffrey [ Esq" Joth Odiorne [ Esq^
Shad^ Walton ) Henry Sherburn )
Mr Sherriff Gambling made return of the Precept to him
Directed for Choice of an assembly & the names of the
Persons returnd to Serve are as follows.
For Portsm° For Dover For Hampt"
Cap^ Geo Walker Cap* Sam' Tibbits Cap' Josh. Winget
M'" Eph=* Dennet Cap* Paul Gerrish M'' Jn° Sanburn
Cap* Josh^ Pierce Cap* Fran" Mathes
For Hampt° Falls For N. Castle & Rye For Exeter
Nath' Weare Esq M' Theo Atkinson Samuel Thing Esq
M-^ Richard Jennis M"" Barth^^ Thing
Kingston Newingtoii Strath.
M' Eben Stevens M"" Jn" Downing And'"' Wiggin Esq
1728.] JOURNAL OP GENERAL ASSEMBLY. 283
A Message to the House by Mess" Jaffrey Odiorne Sher-
burne and the Cler: to administer the Proper oaths to the
Persons returnd as above which was done accordingly and
the Declaration Subscribed according to law by all Except
Cap' Mathes who was not present.
A Message to the House pr Col° Walton to direct them
that as they had now taken the oaths they Should proceed
to the Choice of a Speaker and Settlement of their House.
A Message in Writing to the Board by Mess™ Walker
Sanburne and Barth''' Thing to Signify to His Hon'' That
the House had Chosen Nath' Wear Esq Their Speaker
which Choice was sent back disallowed under the hand of
His Hon'' the Lieu* Gov' pr Jotham Odiorne Esq.
A Message to the Board by Mess" Atkinson Dennet Ger-
rish and Sanburne to pray His Hon" favour in acquainting
the House that as the Negativing a Speak'' [p. 458] was a
Matter quite new to them, whether his power for so doing-
was from His Commission, who answered It was.
A Message to the Board by Mess" Atkinson and Winget
to pray His Hon" favour in Communicating to the House
that Clause of His Commission relating to the Premises
which His Hon'' ordered to be read to them accordingly.
A Message to the Board by Mr Wiggin to pray that par-
agraph above refer'd to might be read in the House which
was done accordingly by Geo : Jaffrey and Jotham Odiorne
Esq" who were sent down for that end.
A Message to the Board by M"' Dennet and Mr Gerrish
to acquaint His Hon'' The House could not come into a new
choice of a Speak'' to night, and therefore proposed to Sus-
pend the further consideration thereof til the morning.
Then His Hon'' sent down Mess'^ Odiorne Sherburne and
the Cler to adjourn til tomorrow
9 a' Clock A. M.
284 PROVINCE OF NEW-HAMPSHIKE. [1728.
Pro : of N. Hamp
At a General assem held at Portsm°
by adjoiirnm' Wednesday April lO**"
1728.
Present as Yesterday.
A Message in Writing to the Board by Mess''^ Pierce and
three other Memljers praying that His Hon'' "would not in-
sist upon his disallowance of the Choice of the Speaker
whicli was return'd by Mess''^ Jaffrey and Frost who were
directed to inform them that if they would add to their re-
quest that they did not question His Hon"^® right of nega-
tiving a Speaker His Hon'' would then take their desire
under consideration.
A Message to the House pr Mr Odiorne to inquire wheth-
er they had anything ready to lay before the Board who
answered they had not.
A Message to the Board pr Mr Atkinson to acquaint His
Hon'' That one of the Members for Dover who came not to
the House til now & so had not taken the oaths was wait-
ing to be qualified & pray'd it might be done whereupon
Mess''" Odiorne Sherburne and the Clerk were Sent down
to adm'' the oaths to y'^ S'' Mathes.
[p. 459.] A Message to the House by Mess''' Odiorne
Sherburne and the Clerk to adjourn them til tomorrow 10
a'Clock A. M.
Pro : of N. Hamp""®
At a General Assembly held at
Portsm° by adjournm* thursday
April 11'^ 1728.
Present
His Hon' John Wentworth Esq L' Gov''
Mark Hunkino; | ^ , Shad Walton ) -p
Geo Jaffrey ^ \ ^^'^^ Rich^' Wibird \ ^^^^
Jn° Frost J
Joth Odiorne > Esqs
Henry Sherburne )
1728.] JOURNAL OF GENERAL ASSEMBLY. 285
A Message to the House by Mcss""^ Walton and Odiorne
to adjourn them til
To morrow 10 a'Clock a : M :
Pro of N. Hamp'''=
At a General assembly held at Portsm°
by adjournm* fryday April 12, 1728.
Present
His Hon"^ John Wentworth Esq L* Gov'
Mark Hunking J Rich'^ Wibird
Geo Jaffrey > Esq Joth Odiorne
Shad^ Walton ) Henry Sherburne
A Message to the House by Mess" Walton Odiorne and
the Clerk to prorogue them til tomorrow 10 a'Clock a. m.
Pro of N.'Hamp'^
At a Gen' assem held at Portsm° by
Prorog* Saturday April 13* 1728
Present
His Hon'' John Wentworth Esq L' Gov'
Mark Hunking ^ Joth Odiorne ) xi s
Geo Jaffrey > Esq" Henry Sherburne \ ^
Shad'' Walton )
A Message to the House by the Clerk to inquire whether
The House was come to any resolve upon the point in hand
namely y® Choice^of another Speaker who answered no.
A Message to the House pr Mess" Walton Odiorne and
the Cler to Prorogue them
Til Wednesday next 3 a'Clock p. m.
[p. IGO.] Pro of N. Hamp'«
At a Gen' assembly held at Portsm" by
Prorog" Wenesday April 17, 1728
Present
Mark Hunking ) ^ Shad^ Walton ) r^
Geo Jaffrey \ ^^^ Rich'' Wibird \ ^^^
Jn° Frost Esq
286 PROVINCE OF NEW-HAMPSHIRE. [1728.
A Message to the House by Col° Walton & Cap* Frost To
acquaint them That y® U Gov"" being out of Town had left
orders to Prorogue them til
tomorrow ten a'Clock a. m.
Pro : of N. Hamp-""^
At a General assembly held at Portsmouth
by adjournment thursday april 18, 1728
Present
His Hon'' John Wentworth Esq L* Gov'^
Mark Hunking ) Rich*^ Wibird )
Geo Jaffrey [ Esq' Jn'^ Frost [ Esq'
Shad^ Walton ) Hen : Sherburne )
A Message to the Board by Messrs Atkinson Sanburne
and Stevens in writing Signifying the House had proceeded
to a Choice of a New Speaker (viz) And'"" Wiggin Esq w^
a preamble in Justification of the late Speaker Weare His
Hon'' Signifyed his allowance of the Choice but utter dis
approbation of the Preamble in writing under his hand
which was sent down by John Frost and Henry Sherburne
Esq''* who were directed to inform the House that His Hon^
required their attend^ at the Board the Speaker and House
came up accordingly to whom His Hon'^ made y*^ following
speech
Gent
It is with Great pleasure and Satisfaction that I meet you here
at this time and I hope with Minds well prepared to pass on what
ma}' lye before you & reassume those things that were Voted in
both Houses, and might then been tinish''d had not some designing
men prevented it, who I have reason to think had their own Pri-
vate views at heart more than the good of the people they repre-
sented. Yet they Cry'd up Liberty and Property that ])eing onely
an amusement that so Some Private designs might the better Suc-
ceed which not onely tended to the dishonour of His Majesty but
also to alienate the minds and [p. 461] aft'ections of His Majestys
good subjects from me and his Council of this Province and Stil
persisting on things that was not in my jiower to grant being ab-
solutely against His Majestys Instructions for these and such like
reasons I dissolved that Assembly. I hope we are now furnish'd
with better Principles and will Consider the Common Good of the
1728.] JOURNAL OF GENERAL ASSEMBLY. 287
Province Setting aside all Self Interests and in our Several Sta-
tions use our utmost endeavours to cultivate Princii)les of loyalty
and obedience to His Saci'ed Majesty King George the Second and
his ro3'al Issue und'' whose hajip}' Influence our most Valuable
Privileges both in Church and State under God depends.
I design this Sessions Short therefore hope you will apply your-
selves to the busyness that may lye before you particularly that
you make Suitable Provision for His Excell'^>' Gov"" Burnet's recep-
tion who ma}' be Expected here in a little time. I recommend to
you that Mr Treasurer may be Enabled to provide for the repair-
ing the Platform »& (inn Carriages at Fort ^V'" & Mary W^'' was
Survey 'd and I suppose reported in our last Dec'' Session, materials
being provided therefor. If anything Else occurs that's for His
Majestys Service and the good of this Province you are always
Sure of my best endeavours to promote if in my power. I am
Comanded l>y His Majesty to recomend to you the Hon'^''^ Support
of this His Government and I take this opportunity to recommend
it to your Consideration.
April 18"^ 1728. J WENT'WORTn
The Speaker Pray'd a Copy of the foregoing speech w'^''
was granted and the Same Sent down by the Cler.
Adj'^ til tomorrow 10 a Clock a. m.
Esq"-
Pro of N. Hamp''^
At a Gen' assembly held at Portsm" by
adjom-nment fryday Apr' 19"> 1728.
Present
His Hon"" John Wentworth Esq L* Gov"^
Mark Bunking ) Rich'^ Wibird
Geo Jatfrey > Esq" Henry Sherburne
Shad=^ Walton )
A Message to the Board by Mess" Sanburne and Stevens
with a Vote for repealing the act ag*' Trading w"' y*^ Indians
w*^*^ was Concurred with and is as follows : [p. 462] Whereas
There was an act passed in the General assembly of this
Province in S'"" 1721 Entituled an act to prohibit trade and
Commerce with the Eastern Indians wherein the penalty is
600 £ and 12 m°^ Imprisonment without bail or mainprise
and that now it being peace with those Indians, and they
have liberty to trade where they please by the articles of
peace Therefore Voted that there be a bill prepared to re
288 PROVINCE OF NEW-HAMPSHIRE. [1728.
peal S'^ act and that Mr Atkinson and Cap* Paul Gerrish
be of the Committee from this House to prepare the Said
bill
Apr^ 19'^ 1728. Jam^ Jeffry Cler assem
In Coun Eod die
Read and Concurr'd and Mess""^ Jaffrej and Sherburne
appointed for the Service above.
R. Waldron Cler : Con
A Message to the Board by Mess''' Sanburne and Jennes
w^^ three Bills pass'd to be Engrossed (viz) for Triennial
Choice of assem men, ab* Shingles, & to repeal ^® riot act.
Adjourn'd til tomorrow 10 a'Clock a.m.
Pro N. Hamp'"''
At a General assembly held at Portsmouth
by adj' Saturday April 20''' 1728.
Present
His Hon"^ John Wentworth Esq L' Gov""
Mark Hunkino: ) Rich*^ Wibird
Geo Jaffrey \ Esq" Henry Sherburne \ ^
Shad^ Walton )
A Message to the Board by Mr Sanburne w'"" the follow-
lowing Vote
In The House of Represent Apr' 20, 1728
Voted That Cap' Geo Walker and Mr Eph^ Dennet be a
Committe of this House to joyn with a Committe of y*' up-
per house to provide for the entertainment of His Excel-
lency Gov Burnet ag*' his arrival, and that when he Shall
give notice (or it be known) when he intends to come into
this Province, That the Said Committe make Suitable pro-
vision and Entertainm*' for his reception here, and that the
Treasurer Supply Said Committe with mony for the end
abovesaid.
Jam'' Jeffrey Cler assem
1728.] JOURNAL OF GENERAL ASSEMBLY. 289
[p. 4G3.] In Coiin Eod die
Read and Ooncurrd and Mess''^ Wibird & Sherburne ap-
pointed for the Service above.
R. Waldron Cler Con
A Message to the Board by Mess'"* Walker Dennet &
Stevens w^'' a Vote for Impressing thirty thousand pounds.
A Message to the House by Mr Jaffrey and Mr. Sherburne
to acquaint them that their Vote for 30000X was very Sur-
prising to the board in regard to the greatness of the Sum
but that His Hon"^ and the Board w*' thing [think ?] of a
proper Sum to be Emitted.
A Message to the House by Mess'** Walton Sherburne and
the Clerk to adjourn them,
Til Wednesday y"^ 24^^^ Ins'
Pro of N. Hamp'"'^
At a Gen^ assembly held at Portsm° by
adjournm' Wednesday april 24"* 1728.
Present
His Hon"- John Wentworth Esq L* Gov""
Mark Hunking J Ricli'' Wibird J
Geo : Jaffrey > Esq*'* Joth Odiorne [ Esq'^
Shad'"^ Walton ) Hen Sherburne )
His Hon*^ the Lieut Gov'' laid before the Board a Com-
nission from His Majesty King George y* 2*^ for the Lieu"
;enancy of this Province Dated 17 Octol)er 1727 and ac-
luainted the Council he purposed the immediate publica-
ion thereof whereupon the Council advised that the Treas-
irer defray the Expense of the day and the Said Commis-
ion was published accordingly The Council & Represen-
atives with some of the Principal Gentlemen & two foot
^ompanys of Militia attending on the Occasion
Adjd til tomorrow 9 aClock a. m.
19
290 PROVINCE OF NEW-HAMPSHIRE. [1728.
Met according to adj' & and adj*^ till tomorrow
10 o'clock A. M.
[p. 464.] Pro : of N. Hamp--^
At a General assembly held at Portsmouth
by adjournm* fryday april 2G : 1728.
Present,
His Hon'' John Went worth Esq^'^ L* Gov"^
Mark Bunking ) Rich'^ Wibird )
Geo Jaffrey [ Esq''^ Joth Odiorne [ Esq"^
Shad^ Walton ) Hen Sherburne )
A Message to the Board by Mess'"* Tibbits and Winget
w"' an answer to His Hon"" Speech as follows
May It Please your Honor.
In your Speech to this House you were pleased to manifest j'our
satisfaction in meeting of us here hoping our minds were well pre-
pared to pass ou what might lye ])efore us. "We assure your Honor
that We are come with Sincerity of mind and integrity of heart to
do all those things that may be for the Honor of the King and the
good of his People Avithout any private Views or ends. And as
your Hon"" is pleased to put us in mind of reassumiug those things
that were Voted in both Houses we Shall endeavour as far as in us
lyes, that they may he tinished, and we count it our Duty to let your
Honor know that "VYe take particular notice of the Extraordinary
Proclamation by which the last assembly was dissolved and like-
wise of what your Honor was pleased to set forth in your Speech
that those things had been finish'd had not some designing Men
prevented it who have reason to think had their own private views
at heart more than the good of the People they represented yet
they cry'd up liberty and property and we of the House being alto-
gether ignorant of any Such designs We thank your Hon'' as we
are most of us the same men that were of the last assembly that
your Hon'' has so firr clearVl the House as to declare that the Votes
had pass'd both Houses so we conceive that all persons may know
that the Plouse could not hinder the finishing the same. We as-
sm-e Yo'' Hon'' we Shall always endeavour thePuldick good and to
the Utmost of our power Shew our loyalty and obedience to His
[p. 465.] Sacred Majesty King George the second and His royal
Issue and Count it our highest happyness that We can enjoy here
that we live under the Goverment of so gracious a Prince We
Shall take Especial care to make provision for the reception of
Gov'' liurnet, as for any other thing that may come before us we
Shall be very carefull to do that which may be for the Honor of
the King and the good of the subjects
Apr' 2o* 1728. And^'^ Wiggin Speak'
1728.] JOURNAL OF GENERAL ASSEMBLY. 291
A Message to the Board hy Mess"'^ Gerrish and Thing
with the following Vote,
Whereas The act requiring all Coasting Vessels to pay
three Shillings pr ton as powder mony hath been very det-
rimental to His Majestys good Subjects that are concernd
in the Coasting trade in that it hath hindered Sundry tran-
sient Sloops that usually brot money into the Government
they being obliged to pay for y° first trip as much as if they
traded one whole year and that it hath raised three Shill-
ings pr thousand upon the freight of all Boards and Lum-
ber that the Inhabitants of this province Send to other
Ports in the neighboring Goverments upon their own ac-
counts by which the burden of that act lyes upon those
Particular men. For Remedy whereof
The House of Represent most humbly request that that
part of the act relating to the Sloops payment of powder
mony be suspended, and that Instead thereof there be paid
out of the publick Treasury a Sum not Exceeding two hun-
dred pounds for two years to be drawn out as there is occa-
sion for the Supply of Fort W™ & Mary.
Api-i 26, 1728. Jam« Jeffry Cler assem
In Coun Eod die
Read and Concurr'd
R. Waldron Cler Con
A Message to the Board by Mess''^ M*=Keen and Jennis
w* a Vote for printing the laws which was returnd by Geo '
Jaffrey & Henry Sherburne Esq''* w^^'out anything written,
and by the Same Message a Vote of Council went down
for a Survey of the laws in order to a New Impression.
A Message to y^ Board by Mr Atkinson w"^ the following
Vote
[p. 466.] In The House of Representatives.
Apr^ 26, 1728.
Whereas In the House of Represent the 13"^ of Nov"^
1727 There was allowed Benj=* Rust the sum of Sixteen
pounds for fire wood, house rent, and Candles Ac" from 8*^^
292 PROVINCE OF NEW-HAMPSHIRE, [1728.
1"' 1726 to y^ l**' of Ocf 1727 and there has been some Mis-
take in the allowance, therefore tis now Voted that the Said
Benj* Rust be paid out of the Publick Treasury the sum of
sixteen pounds as above and that the former order is here
by superseded and to be given up.
Jam* Jeffry Cler assem
In Coun Eod die
Read and Concurr'd
R. Waldron Cler Con
Adj'^ til tomorrow 10 a'clock a : Bi :
Pro : of N. Hamp""^
At a General Asseml)ly held at Portsmouth
by adjournm* April 27, 1728 being Saturday.
Present
His Hon^ John Wentworth Esq L* Gov"^
Mark Hunking ) Rich'^ Wibird J
Geo : Jaifrey \ Esq Jn" Frost > Esq
Shad^ Walton ) Joth Odiorne )
Henry Sherljurne Esq
A Message to the Board by Mess'"' Winget & Tibbits with
the following Votes.
In The House of Represent Apr' 27"^ 1728
Voted That this House desires His Hon'' the Lieut Gov-
ernor to give orders according to the Votes of Assembly of
april 26'^ to the receiver of the powder money that he for-
bear to receive from any Coasting sloops any powder mony
by Virtue of the act for payment thereof.
James Jeffry Cler assem
In Coun Eod die
Read and Concurr'd R. Waldron Cler Con
In The House of Represent Apr' 27, 1728.
Voted That there be Signed off the Sum of Six hundred
pounds by the Comitte that is appointed for Signing the
1728.] JOURNAL OF GENERAL ASSEMBLY. 293
Bills of Credit last printed and put into the Treasury for
the payment of what is now due from the Province [p. 467]
and what else is and may be allowed by the General assem-
bly now, and that His Hon'' be desired to Issue out warrants
accordingly
Jam^ Jelfry Cler assem.
In Coun Eod die.
Read and Concurr'd
R. Waldron Cler Con
The following Vote pr Mr Dennet.
In The House of Represent apr' 27, 1728
Voted That M^' Speak^ Wiggin and Mr Theo"^^ Atkinson
be a Committe of this House to joyn w"' as many of the
upper house to go with His Hon"" the Lieut Gov"^ to Boston
to Congratulate His Excellency Gov'' Burnet in behalf of
this Goverment upon his arrival there and that Their Ex-
pence be paid out of the Publick Treasury.
Jam* Jeffry Cler assem
In Coun Eod die
Read and Concurr'd and Voted that Geo Jaffrcy, John
Frost and Henry Sherburne Esq" be appointed of the
Board for the Service above.
R. Waldron Cler Con.
A Message to the Board by Mess''* Gerrish, Dennet and
Jennis.
In The House of Represent.
apr' 27, 1728.
Whereas His Hon'' The Lieu* Gov" hath had the whole
Goverm* Stil continued upon him as Command'' In Chief
Voted that he be presented and paid out of the Publick
Treasury the sum of one hundred pounds for half a year
in 1727.
Jam* Jeffry Cler assem.
In Coun Eod die
Read and Concurr'd R. Waldron Cler Con
294 PEOVINCE OF NEW-HAMPSHIRE. [1728.
A Message to the House by Mess''® Frost Sherburne and
Odiorne requiring their attend"" at the Council Board The
Speak^ and House came up accordingly & Then were
Signed the following acts.
1. An Act for Calling and Electing assembly Men and
their qualifications.
2. An Act regulating the Excise of Shingles
[p. 468.] 3. An Act To repeal an Act Pass'd in y^ sev-
enth yeare of His late Majesty King George the first En-
tituled an Act in addition to an Act for punishing Criminal
offenders, and to repeal the act for prohibitting Trade and
Commerce with the Eastern Indians.
Prorogued
To May 14, 1728.
In Coun Order'd That Sam' Thing Esq be restored to the
Commission of the Peace.
Order'd That the Treas' fortlr^'^ Procure ten barr'® Gun-
powd'' for the Fort.
The L' Gov" declared that he had determined to remove
Mr Sheriff Gambling from that office, and proposed Mr
Theodore Atkinson to Succeed him and Sign'd a Commis-
sion Constituting the Said Atkinson High Sheriff, and the
proper oaths were administer'd to him.
Pro of N. Hamp'*^
At a General assem held at Portsmouth by
Prorogation Tuesday May 14*" 1728.
Present His Hon'^ The L* Gov"^
Mark Hunking ) Rich'^ Wibird J
Geo Jaffrey > Esq John Frost V Esq
Shad'' Walton ) Hen : Sherburne )
A Message to the House by the Clerk to require their
1728.] JOURNAL OP GENERAL ASSEMBLY. 295
attendance at the Conncil Board the Speaker and House
came np accordingly to whom His Hon"^ made the following-
Speech.
Gentn
I Design This Session as Short as may be by reason His Excel-
lency Gov Burnet may be Expected at Boston every day, and then
soon with us in this Province.
The most material thing that will lye before us at present is the
Settling the proportion on the polls Stock and Rateable Estates of
the Inhabitants of y" Several Towns in The Province which will
take up some [P. 469] time to weigh and maturely consider the
several circumstances of Each Town so as that equal Justice may
be administered to that end I reccommend that a Suital)le Com-
mitte be forth w'^ chosen. I would put you in mind that Mr Treas"
acct' may be called for that so a Settlement may be made, this
being the proper season therefor.
As to what other affairs now lying on the anvil I am of opinion
they may be suspended until His Excellencys arrival here however
I shall receive and hear anytliing else you have to otfer that's for
His Maj'-^'' Service and the good of the Province which I have al-
ways at heart I have many times mentioned the State of our affairs
relating to our Agent at the Court of Great Britain and am thot-
full whether our delay may not prove prejudicial to us in the end
I again recommend it as a Matter very well worthy of your consid-
eration and hope you will now think so.
May 14, 1728. J. "Wentwokth
Adj*^ til tomorrow 10 a' Clock a. m.
Pro : of X. Hamp'^'*
At a General assembly held at Portsm° by
adj' Wednesday, May 15"^ 1728.
Present
His Hon"^ John Wentworth Esq L* Gov""
Mark Hunking J Rich^^ Wibird J
Geo Jatfrey > Esq Jn° Frost > Esq
Shad-'' Walton ) Joth Odiorne )
H. Sherb" Esq
Adj'^til tomorrow 10 aClock a. m.
296 PROVINCE OF NEW-HAMPSHIRE. [1728.
Pro of N. Planip'^
At a Gen' asseml)ly held at Portsm° by
atljournment Thiirsday May 16"' 1728.
Present
His Hon'' John Wentworth Esq L* Gov''
Mark Hunking ) Rich<^ Wibird )
Geo Jaffrey [ Esq^* Jn° Frost [ Esq^^
Shad^ Walton ) Jotli Odiorne )
H. Sherbnrne Esq
A Message to the Board by Mess" Walker and Winget
w"' yc following order.
In The House of Represen' May 16, 1728
[p. 470.] Ordered That Those Gentlemen that were the
Signers of the live thousand three hundred and Eighty
four pounds for Exch^ the old Cypher'd bills do bring in
their receipts on acc*^ to morrow of what they delivered
each of the Trustees for the Exchanging Said bills that the
Said Trustees may be accounted with
Jam^ Jeflfry Cler : assem.
In Coun Eod die
Read and Concurrd
R. Waldron Cler Con.
By Mess" Walker and Dennet the following answ"^ to L*
Gov'' Speech.
May It please your Honor,
Your Hon"^ was jDleased at the opening this Session to inform
us your designing this Session as Sliort as might be, by reason of
the Speedy Expectation of Gov'' Burnet's coming into this Prov-
ince, and for your recommending us to an early and diligent dis-
patch of tliose tilings before us especially that great and necessary
aflair of Proportioning the several Towns witli in this Province
anew, that So equal Justice may be done unto all which we do as-
sure your Honor we sliall with all readyness of mind do our utmost
endeavour to have it finish'd, and likewise Shall desire M"' Treas-
urer to have his accounts ready that so the Publick accounts may
be Settled and thank 5'our Ilon'^ assuring us in yo"' Speech of your
hearty read3'ness to hear anything that may be for His Majestys
service, and the good of this Province and the other things might
be Suspended until His Excellencys arrival Therefore Shall ac-
1728.] JOURNAL OF GENERAL ASSEMBLY, 297
quaint 3'oui' Hon"" of our deep apprehension of the Scarceness of
mony and thei'eby trade failing w'^'' renders us unal^le to perform
many tilings otherwise might be done. As to Mr agent ]^ewmans
letters, for answer thereto we pray sometime to Consider thereof.
And^ Wiggin Speak''. -
John Bar Prefer'd a Petition for y*" Settlement of Deny
lands read
Adj*^ til tomorrow 10 aClock a, m.
Pro : of N. Ilamp^*^
At a Gon^ assemljly held at Portsm°
by adj' fryday May 17, 1728.
Present
His Hon' John Wentwortli Esq L' Gov^
Mark Hunking J Rich'^ Wibird J
Geo Jaffrey V Esq Jn° Frost [ Esq
Shad'' Walton ) Joth Odiorne )
H. Sherburne Esq
Adj"^ til tomorrow 10 aClock a. m.
[p. 471.] Pro: of N. Hamp^'^
At a Gen' assembly held at Portsm°
by adj* Saturday May 18"^ 1728.
Present
His Hon' The L' Gov' John Wentworth Esq
Mark Hunking ) Rich'' Wibird )
Geo Jaffrey " V Esq"^ Jn" Frost [ Esq''
Shad''' Walton ) Joth Odiorne )
Hen. Sherburne Esq
pr Mr Dennet The following Vote.
In the House of Represent May 16, 1728
Voted That Saml Thing Esq. Cap* Josh^ Pierce & Theo
Atkinson Esq be a Committe of this House to joyn w"' a
Committe of the upper House to Examine the Treas'^ ac-
298 PROVINCE OP NEW-HAMPSHIEE. [1728.
counts and any other account now to be brot in and make
return to the General assembly
Jam^ Jeffry Cler assem
In Coun May 18"^ 1728.
Read and Concurrd and Mess''^ Wibird Frost and Sher-
burne appointed for the Service above.
R Waldron Cler Con.
Adj'' til Wednesday next 10 a'clock a. m.
Pro : of N. Hamp--^
At a Gen' assem held at Portsm" by
adjornment Wednesday May 22<^ 1728.
Present
His Hon'' John Wentworth L* Gov''
Mark Hunking~^ Rich'' Wibird ^
Geo Jaffrey VEsq-"' Joth Odiorne VEsq"
Shad^ Walton J Hen: Sherburne J
Adjd til Tomorrow 10 a'Clock a. m.
Pro : of N. Hamp''^
At a Gen' assembly held at Portsm° by
adjournm' May 23'' being thursday 1728
Present
His Hon'' John Wentworth L* Gov''
Mark Hunking ) Rich'' Wibird )
Geo Jaffrey i Esq""^ Joth Odiorne [ Esq"'
Shad'^ Walton ) Hen : Sherburne )
A Message To the Board by Mess" Dennet & Thing w*''
a Vote for the impression of 80000 £ Read and return'd
By The Same Message a Vote for a Committe to View &
report the Defficiency of y^ Goal (viz) Cap* Winget & Mr
Dennet Col° Hunking & Col" Walton & other Votes as
follow
£155:
3
6
& 75:
18
—
£ 31:
17
6
£ 91:
16
-
£ 40:
11
6
£ 23:
8
-
1728.] JOURNAL OF GENERAL ASSEMBLY. 299
[p. 472.] In The House of Represent May 23^ 1728
There has been bro' into the assembly this Sessions &
burnt in the Gen^ assembly of the old Cypher'd bills from
y* Several Trustees for Exchanging the Same.
From Geo Jaifrey Esq the sum of
Rich'' Wibird Esq'
Col" Hunking
CoP Weare
Maj'^ Gilman
Jn" Plaisted Esq
£421: 14: 6
Yoted That the above named Trustees be hereby dis-
charged of the several Sums above carry'd off ag^* their
names. , Jam Jeffry Cler Assem.
In Coun Eod die
Read and Concurr'd (The total is four hund'^ twenty one
pounds fourteen ShilP & Q^}
R. Waldron Cler Con
Rob* "Weare and John Bar of Lond'' Derry preferr'd a
Petition y" 18* Instant & the Selectmen being notify'd &
all Partys heard what follows is y® result Thereof
Wheareas Rob' Weare and John Bar preferrd a Petition
to the Gen' assembly on the IS''* Instant for themselves
and in behalf of twelve other persons all belonging to the
Town of Lond° Derry Shewing forth that there was not a
Just and Equal division of the land in Said Town, and
praying for relief in the Premises and there being an order
of the Gen' assem, that a hearing on the Said Petition
Should be had this day, and that the Selectmen of the Said
Town Should be served with a Copy of Said Petition and
order and the Said Select men having been Served w*'*
Such Copys and having sent Several persons in behalf of
the Town (viz) Mess''* James Greg John M'^Murphy Rob*
Boyes and And'^ Todd to answer to the Said Petition &c^
Both Partys appearing unitedly declared that they had
300 PROVINCE OF NEW-HAMPSHIRE. [1728.
Settled the difference amongst themselves, and humbly
pray'd the Goverment to give a Sanction to their agreem*
Therefore
In Coun May 23, 1728.
Voted That the Said agreement be and hereby is Estab-
lish'd & Confirm'd, which agreem* is as [p. 473.] follows
(viz) That the Vote Pass'd at a Proprietary meeting at
Lond** Derry the fifteenth day of April Anno Dom. 1728
Concerning the Differences about amendment lands high-
way lands & want of Homestead lands be good and valid
to all intents and purposes and in all respects any law
usage or custome to the Contrary thereof notwithstanding,
And that the Petitio" (namely) Robert Weare, John Bar,
Sam' Allison, W"' Nichols, Jn° Anderson, James Morrison,
Arch'^ Clondinen John Stewart Jii° Morrison, W'" Umpha
John Bar, Sam' Bar, John Barnet & Gabriel Bar Shall have
five hundred and ninety four acres of land within the Said
Town of London Derry (That is to Say) The Petition"
Shall have the one half of the land that fronts on Cobbets
Pond, on the South Side & the east end of the S'*^ Pond so
beginning at the Middle of the Said Pond & running out a
Square line from the Pond three hundred and twenty rodds,
if Policy Pond will allow thence Extending East not to
Run ])ast y'' East end of Policy Pond southerly, and so run-
ning along y'^ habitable land breaking no form of land until
the aforesaid Petitioners compliment of five hundred and
ninety four acres is made up exclusive of any meadow w^''
is reserved to the Town, and farther the Committe which
Shall lay out the Said tract of land are to have regard to
the quality, as well as quantity of the S''' land as the use
and Custome of the S''' Town is and has been and lay it
out accordingly. The Said Tract being in full Satisfaction
to the Petition" for amendment lands twenty acre lots and
additions. R. Waldron Cler Con
May 23'' Read and Concurr'd Jam^ JefFry
Adj*^ til Tomorrow 10 a'Clock a. m.
1728.] JOURNAL OF GENERAL ASSEJIBLY. 301
Pro of N. Hami/^
lU a Gen' assembly held at Portsm° by
adjournment fryday May 24*^^ 1728.
Present.
His Hon"" John Wentworth Esq L' Gov""
Mark Hunking ) Rich'^ Wibird )
Geo : Jaffrey [ Esq"^ Joth Odiorne [ Esq-"'
Shad^ Walton ) Hen Sherburne )
The follovrhig Proportion by Mr Stevens.
In The House of Represen* May 21''' 1728
Whereas The Sundry Tosvns in This Province by their
List bro* in have some Valued their lands in one Town at
one Rate and [p. 474] in other Towns not half that value,
Therefore Voted That for making a more Equal propor-
tion in Each Town of the value of the land meadow and
Marsh in Each Town that it be valued at the Prices as
hereunder
Portsm" Hampton, Rye ^
Dover Streatham N. Castle [ at Six ShilP
Exeter Greenland Newington ) pr acre
Lond° Derry )
Kingst° \ at o* pr acre
And That all negro Indian and Mulatto Slaves be valued
at twenty pounds pr head.
Jam* Jeffry Cler assem
In Conn Eod die
Read and Concurred. R. Waldron Cler Con
adj*^ til tomorrow 10 a'Clock a. m.
Pro of N. Hamp''^
At a Gen' assem held at Portsm" by
adjournment Saturday May 25 1728.
Present
His Hon"^ John Wentworth Esq L* Gov''
Mark Hunking J Rich'' Wibird )
Geo Jaffrey S Esq''" Joth Odiorne > Esq"
Shad** Walton ) Hen. Sherburne )
802 PROVINCE OF NEW-HAMPSHIRE. [1728.
A Message to the Board by Cap* Walker w*^ a Vote of
the House for addressing His Majesty to be united To the
Government of the Mass^ Bay w'^'^ was read but nothing
pass'd upon it as on file.
By The Same Message the following Report and Votes
We Whose names are hereunto Subscribed being appointed
a Committe to view the defects of the Pro : Goal and to
make return thereof to the assembly, accordingly We have
viewed the Said Prison and Do report that It is necessary
to have the Windows in the Chamber secured with Iron
Bars as the Windows in the lower rooms are and likewise
to have four good Substantial Padlocks purchased also to
have the other Locks mended & new keys made if worth
mending which when broken off may be seen and if not
worth fitting up then to have new ones purchased and also
to have Those places where attempts to Cut thro y® wood
have been made mended and Secured w"' Iron plates May
23^ 1728
Josh^ Winget, Mark Hunking,
Eph^ Dennet, Shad Walton.
[p. 475.] In The House of Represen* May 25, 1728.
Voted, That the above return be accepted and that the
Sherriff be forthwith directed to get the above mention'd
particulars done and that the Province pay for the same.
Jam^ Jeffry Cler assem •
In Coun Eod die
Read and Concurr'd, R. Waldron Cler Con
adj'^ til Wednesday next 10 a' Clock a. m.
1728.] JOURNAL OF GENERAL ASSEMBLY. 303
Pro ; of N. Hamp"
At a Gen' assembly held at Portsm" by
adj' til Wednesday May 29*'' 1728.
Present
His Hon' John Wentworth Esq L* Gov''
Mark Hunking ) Rich'' Wibird )
Geo Jaffrey [ Esq' Joth Odiorne [ Esq"
Shad"" Walton ) Hen Sherburne )
Adj*^ till tomorrow 10 a'Clock a. m.
Pro : of N. Hamp'^
At a Gen' assembly held at Portsm° by
adj' thursday May 30'" 1728.
Present.
His Hon"" John Wentworth Esq L* Gov'
Mark Hunking ) Rich'' Wibird J
Geo : Jaffrey > Esq" Joth Odiorne > Esq"
Shad" Walton ) Hen. Sherburne )
A Message to the Board by Mess" atkinson & Sanburne
with a Yote ab' Proportioning the Trade of the Province
w"^ was return'd pr Mess" Jaffrey Walton and Odiorne for
reconsideration.
Adj^ till tomorrow 10 a'Clock a. m.
Pro : of N. Hamp''^
At a Gen' assem held at Portsm" by
adjt fryday May 31^' 1728.
Present
His HonP John Wentworth Esq L* Gov""
Mark Hunking ) Rich'' Wibird )
Geo Jaffrey [ Esq' Joth. Odiorne [ Esq"
Shad^' Walton ) Hen'^y Sherburne )
A Message to the Board w*'' the following allowances To
John Plaisted Esq for Comitte
804 PROVINCE OP NEW-HAMPSHIRE. [1728,
Service at the Fort £1 : — —
[p. 476.] Benj* Gambling for Service as
Sheriff one year X15 and half a year for
Jurys <£9: 12: X24 : 12: —
Rich*^ Waldron's Service one year Cler
Con £15: — : —
Benj^ Akerman's service one year 10^
Extra Service <£3 & a day 6^ £U: Q: —
Adj"* til tomorrow 9 aClock a. m.
Pro : of N. Hamp'"*'
At a Gen^ assembly held at Portsm° by
adj* Saturday June 1^' 1728
Present
His Hon^" John Wentworth Esq L* Gov^
Mark Ilunking ) Rich^' Wibird )
Geo Jaffrey V Esq'^^ Joth Odiorne [ Esq"
Shad^ Walton ) Henry Sherburne )
Several Messages To the Board by several members w""
the following Votes :
In The House of Represen' May 30'^ 1728
Whereas The act for the Selectmen of Each Parish and
Precinct within this Province to bring in a list of the Polls,
and an inventory of the Estates belonging to their respec-
tive Towns and precincts, and there now having arisen
many disputes concerning the Value of y*^ polls and the
Prices that Estates Should be Set at, and for the better
clearing up of that difference, and that Justice may be
done.
Voted, That all polls be valued at
pr head, .£25: — : —
All Tillage, meadow and Marsh in
Hampt", Exeter, Dover, Portsm", N.
Castle, Streatham & Newington pr. acre £ — : 6: —
Kingston & Lond° Derry pr acre £ — : 5 : —
1728.]
JOURNAL OF GENERAL ASSEMBLY.
30i
Each ox ^3
Each cow <£2
Each Horse ^3
Each Hog £ —
Each Negro Mulatto or Ind" Skive being male £20
Houses thro-out y® Provuice each £1
The Trade of y® Province valued at
10
5
X1600: —
rPortsm" lOOOX Dover 200£ Exeter 200£
J Hampt" — 50£ Hampfalls 50X N. Castle 15£
^^^^ S Rye 10 £ Newington 25 X Kingsto 20 £
l^Lond° Derry b£
[p. 477.] And That this be the rule for the Comitte to cast
up according to the lists brot in from Each Town and that
the number of acres for Lond° Derry be accounted four
hundred.
Jam^ Jeffry Cler assem
In Coun May 31"' 1728.
Read and Concurr'd w"^ the following addition namely
that the proportion of the Several Towns be Established
according to the above Scheme for the present year and no
longer.
R. Waldron Cler Con
In the House of Represen' May 31 1728.
The addition Read and Concurr'd and Voted that twenty
five pounds on trade be added to Streatham it being omitted
to be Enter'd as above and that the Proportion be made ac-
cordingly.
Jam' Jeffry Cler assem
20
306 ■ PROVINCE OF NEW-HAMPSHIRE. [1728.
And further That The Town of Gospert pay this year 1728
The sum of Sixteen pounds for their Province tax for Every
thousand pounds rais'd in the Province and so in proportion
for a Greater or lesser Sum.
Jam^ Jeffry Cler assem
In Coun. Concurr'd w^^ y® foregoing Votes.
R. Waldron Cler Con
According to the Within Yote We of the Committe whose
names are here unto Subscribed have proportioned to Each
Town and parish and to every thousand pounds that is to
be raised in the Province. The Proportion is as follows :
Portsm"
£187: 16:4
Dover
£217: 15: 5^
Hampt''
£97: 4:5
Hampt" falls
£88: 4:3i
N. Castle
£24: 19:4'
Rye
£29: 1:7^
Exeter
£127: 18:9
Streath.
£60:14:11
Newington
£36:14:8
Kingston
£45: 6: —
Lond° Derry
£68: 3:10i
^Gospert
£16:— : 4
£1000
mdi" Wiljird
Nath' Weare
H. Sherburne,
Earth Thing
In the House of Represen* June 1, 1728
Voted The above return of the Com'itte be accepted and
that an act be drawn np accordingly.
Jam* Jeffry Cler assem
In Coun Eod die
Read and Concurr'd R. Waldron Cler Con
172S.] JOURNAL OF GENERAL ASSEMBLY. 307
[p. 478.] The following allowance pass'd in The House of
Ivepresen' June 1^' 1728 :
To the Postmaster for the year 1728 Publick post-
age <£3: — : —
Eleaz'' Russel for paper &c. for Publick use XG: 15: 6
John Newmarch for repairing The fort boat £5: 14: 3
Tim" Davis for further Satisfaction for his Whale
boat £1: — : —
John Frost Esq for sundrys for the Fort ab* y®
flas: &c. .£6: — : —
By Mr. Jennis the following vote
In the House of Represen' June 1^' 1728
Voted That There be signed off by the Comitte for Sign-
ing the Bills last printed and put into the Treasury the sum
of three hundred pounds for the payment of the Sundry
Debts and charges of the Province that is and may be allow'd
by the Gen' assem.
Jam* Jeffry Cler assem.
In Coun Eod die
Read and Concnrr'd R. Waldron Cler Con
A Message to the Board by Mess''^ Pierce, Dennet and
Stevens.
In The House of Represen' June 1^' 1728.
Whereas His Hon The Lt. Gov'' hath had the Govcrment
as Command"' In Chcif stil continued upon him Voted That
There be paid to His Hon'' the Lieut Gov"" and he is presented
with the same the sum of one hundred pounds out of the
Excise, and that he is desired to Issue out warrants for the
paym* of what is already allow'd
Jam^ Jeffry Cler assem
In Coun Eod die
Read and Concurred R. Waldron Cler Con
308 PKOVINXE OF NEW-HAMPSHIRE.
[1728.
The House of Represen' being sent for to the Board by
the Clerk they came and a Bill Entituled
" An Act for Establishhig the Proportion of the
" Several Towns to be paid in the Province Tax
" for y« year 1728."
Having had Its Several readings and been pass'd in both
Houses The same was Signed and Seal'd In presence of y*
Gen^ asscm which was Then
Prorogued
Til y« 1^ Tuesday in Nov"" next
Nov"" 4, 1728 Further Prorogued by Gov"^ Burnet's
Proclamation
Til the 22'^ April 1829.
JOURXAL
OP THK
HOUSE OF REPRESENTATIVES.
1722-1724.
The " Journal of the House" which follows from April 30"' 1722,
to November 10"' 1724, is copied from a MS. volume in the Secretary's
office, Concord, labeled "Journal of the House, 1711 — 1724." The
pages in the margin correspond with the paging of the MS. volume. Ed.
[p. 310.] Province of ) April y« 30'n722 the house met
New Hamp. \ according to acljournm' viz.
Mr. Speaker Pierce Mr. Eaphraim Dennit
Coll Peter Weare Mr. John Dam.
Coll James Davis
The House adjourned to tuesdaj May the first.
Tuesday may y® first 1722 the house met according to ad-
journment, viz :
Mr. Speaker Pierce
Coll Peter "Weare Cap* Dan" Greenough
Coll James Davis Mr. Eaphraim Denet
Jotham Odihorn Esq Mr. John Dam
Cap' Andrew Wiggans
Maj John Gillman Mr. Justic Eastman.
The house adjourned for an lioiire & halfe
The house met according to adjournment all as above.
Pec^ a Certificate from Mr. Sherrif Gambling of Impress-
ing a man.
A message from his Excellency to speak with the house,
the house went up accordingly : and soone returned.
310 PROVINCE OF NEW-HAMPSHIRE. [17-22.
A Paper presented to the Lower house that it is the Desier
of the Good suljjects of this Province y' y® p'sent assembly
may be disolved and y' y® late act of Impost & Export be
repealed.
His Excellency s Speech.
[See Journal of Assembly, pp. 23, 24.]
[p. 311.] In Council Voted : That a committee of both
houses be appointed to consider of a Propper fund & method
for bringing into the Treasury all such moneys as have hith-
erto been postponed, and also to make an estimate of the
charges of the Government, which have arisen since his
Maj"** prohibiting the striking Bills of Credit &c.
And further to consider what sum is necessary to be now
struck k emitted to pay y^ present Debts : and to Lodge in
the Treasury for Dofraying y® Contingent charges of the
goverment, and that Mark Hunking, George Jaffrey & Rich-
ard Wibird Esq. be of the comittee from this Board for the
service above — May y*^ P* 1722.
Richard Waldron Cler. Con
May y*^ 2'^ in y® house of Representatives.
read & concurred. Jas. Jefifry, cler. Ass""
3Iemorial of the House to his Excellency.
[See Journal of Assembly, pp. 24, 25.]
[p. 312.] Then the house adjourned for an houre and halfe
which is the same adjournment entred before.
Tuesday after noon the house met according to adjourn-
ment all as above.
In the house of Representatives voted y* y* above memo-
riall be sent up.
In the house of Representatives.
Voted. That the act of the 15"^ July 1721 be so far as
it relates to the Duties of Export on Boardes & fish and the
Impost on wine & rum be Repealed.
James Jeffry Cler. Asm.
Sent up for concurrance.
Voted, y' Mr. Speaker Pierce k Maj Gillman be a comit-
tee of this house to waite on his Excellencie for an answer
to the Ipswich Conference relating to the act of Duties be-
tween y^ Provinces.
The house adjourned to Wednesday y'' 2*^ May a. m.
1722.] JOURNAL OF THE HOUSE. 311
May y^ 2** 1722, the house met according to adjournment.
Mr. Speaker Pierce
Coll Peter Weare Samucll Estman Esq.
Coll James Davis Capt Dan" Greenough
Maj John Gillman Mr. Eaphr. D.ennit
Jotham Odihorn Esq. John Dam
Capt John Gillman
Capt Samuel Tibbets.
AVedncsday May f 2^ 1722.
The house adjourned till two a clock, p. m.
[p. 313.] Wednesday May y"^ 2'^ 1722 Post M°
The house met according to adjournment all as above.
In the house of Representatives.
The vote to Repeale the Impost act sent up again.
In the house of Representatives.
Voted, that Maj John Gillman, Andrew Wiggans Esq &
Coll James Davis, be a comittee of this house to joyn with
the comittee of the upper house according to theire vote of
May ye 1" 1722, for bringing into the Treasury all postponed
Money & an estimate of charges arrisen since his maj"*^^ Pro-
hibition for striking bills of credit & to Consider what sum
is necessary to be now struck & emitted to pay the present
Del)ts & to Lodge in the Treasury for the contingent charges
of the governm'
James Jeffry Cler. Ass™
Then the house adjourned to thursday eight o'clock a. m.
Thursday May y* 3*^ a. m.
The house met according to adjournment
Present Mr. Speaker Pierce.
L* Coll James Davis Samuell Estman Esq.
L* Coll Peter Weare Capt Samuell Tibbets
Jotham Odihorn Esq. Capt Daniell Greenough
Maj John Gillman Capt John Gillman
Andrew Wiggans Esq. Mr. Eaph'' Dennit.
In the house of Representatives.
Voted y* y^ act of this Province of the 15* July 1721 so
far as it relates to the Duties of Export & Impost be sus-
312 PROVINCE OF NEW-HAMPSHIRE.
[1722*
James Davis
Jotliam Odiliorn
pended nntill tlie Prov. of the Mass^ put theire act of export
& Impost in force relating to this Province. May y*" 3*^ 1722.
Jas Jeffry, cler. Ass"
Eod"" Die. In Council Read & concur*^
Rich*^ Waldron, cler. Con.
[p. 314.] Thursday May y« 3^ a. m. 1722.
The house adjourned till two o'clock p. m.
Thursday May y® 3*^ p. m. the house met according to ad-
journment all as above.
May y' o'^ 1722. In the house of Representatives.
Voted. That the souldiers in the late expedition to the
Eastward he paid according to the Direction of this house.
Then the house adjourned to fryday y*^ 4"' of May at eight
o'clock A. M.
Fryday May y® 4"' a. m. the house met according to the
adjournment.
Mr. Speaker Pierce
Peter Weare Esq "^ Samuell Estman Esq.
Capt Samuell Tibbcts
Esqrs Capt John Gillman
John Gillman I Mr. Eaph'" Dennit.
Andrew AYiggans J
[See journal of assembly, p. 31.]
May ye 4*^ ) Objections in the house of Representatives ag'
1722 \ y* acc'^ &g returned by the Auditors (viz)
[p. 315.] 1" Article not to allow Capt Penhallow y''
20 lb. £20 : — : —
2^ and to allow but 24* pr month to each centinell
3^ to allow L' Lad four pounds pr month
4*^ the Doctor allowed thirty five pounds one shilling
5*^ the Deserters not to be paid any wages.
The names of the Deserters viz.
Moses Gatchell y*" sums charged £11 : 18 : 8
William Powell Returned £9 : 18 : 6
Samuell Malloone Returned £9 : 18 : 6
John Kenistone £9 : 18 : 6
George Goodin, Daniell Jacobs, Ben Davis £6 : 6 :
Richard Rand, Dan" Emerson & John Dorkam
Sen' £3 : 19 : 4
Benj. Judkins 9 : 18 : 6
61 : 17 : 7
1722.] JOURNAL OF THE HOUSE. .313
111 the house of Representatives may y* 4'^ 1722.
Resolved y' y*' Muster Roles be made up according to this
List above — & Lad but 3 lb pr month.
Mr. Penhallow five pounds.
Sundry accts bro* in since the auditors return viz.
Thos Packer Esq. <£19 : 10 :
Lt Governour Wentworths ace' allowed £12 : 12 : 7
Axwell Roberts not allowed
Bcnj Akarman alloAved being paid 40*
Benj Gambling alloAved £30 : :
May y^ 4"' 1722. In the house of Representatives.
Voted y' y® above accounts be allowed.
Jas. Jeffry clerk ass™
[p. 316.] May y« 4"^ 1722.
Allowed Mr. Penhallow powder 6 lb wine £6 at
Cambridge £3: 15 :
Capt Moodyes muster Role allowed £64 : 17 :
Capt Penhallows muster Role with
y" Doctors in it ' £193 : 16 : 8
To Capt Penhallow himselfe for care &c to
y* sould" £10 : :
Voted, may y® 4^-^ the above allowed
James Jeffry Cler ass™
May y* 4"^ 1722. The house adjourned till two o'clock p. m.
Friday May y* 4"' 1722 p. m. the Ifouse met accord, to
adjournm*. Voted that Capt John Penhallow be presented
w**^ ten pounds for his care & kindness to our souldiers as
allowed above
Eod™ Die. A^oted that the souldiers shall have but twenty
four shillings pr month.
Eod™ Die Voted—
That all those that Deserted the service tho' some of them
returned yet shall wholly lose thcire pay.
Eod™ Die Voted —
That the Return of the Auditors Dated May y" 2^ be ac-
cepted as Returned (except Capt Penhallows Muster Role
and Capt Moodyes Muster Role, which are as the New Muster
Rols Given in : and the ten pounds above to Capt Penhallow
314 PROVINCE OF NEW-HAMPSHIRE. [1722.
and that what is entred in theire muster Rols (as Drawn up
by our clerk) ag' the sevepall names is in full Discharge
thereof.
Eod"^ Die Voted—
That from henceforth all expresses y* shall be Imprest to
go any where within this Province shall be allowed and paid
by y® Treasury on certificate of his performance thereof six
pence pr mile & eight pence pr mile to any place out of y*
Province for going out for himselfe & horse & that all ferrys
carry them free.
Jas. Jeffry Cler Ass""
Then the house adjourned to Saturday May y® 5"" 1722 a. m.
Jotham Odihorn
Andrew Wi&'o-ans
[p. 317.] Sathurday May the 5'^ 1722 a. m. The house met
according to adjournment.
Present
Mr. Speaker Pierce
Peter We are "^
James Davis | Samuell Estman Esq
John Gillman VEsqrs Capt Samuell Tibbets
Capt Dan'^ Greenough
Mr. Eaphr"" Dennit
Ordered that there be an order sent by y® clerk of this
house to the select men of Hampton to pay Isaac Green
what was allowed him
Eod'" Die : Axwell Roberts prayer of allowance of his
accts of three pounds twelve shillings for entertaining the
Indians hostages.
In the house of Representatives —
Resolved that it is the opinion of this house y' y° Prov. of
the Massachusetts ought to pay it.
Jas. Jeffry, Cler Ass""
Eod-" Die. Voted
That a certaine number of men be forthwith employed to
cutt high wayes : one from Dover to Winnipissokee Pond
and another from Exeter to the same pond, and that Maj.
John Gillman, Coll Jas. Davis, Edw^ Hall & Capt Jo°
Gillman, Capt Sam" Tibbets & Capt Tim" Gerrish, be a com-
mittee to survey & mark s*^ wayes and make report to this
house.
1722.] JOURNAL OF THE HOUSE. 315
Eocl™ Die. Resolved y' Mr. Treasurer Penballow be allowed
a further additiou to his account (as before) the sume of six
pounds for 2 barrell powder : and six pounds more for a
cask of wine : & three pounds for his expenses at Cambridge
these being three articles submitted to the house by the
Auditors.
Jas. Jaffry cler Ass™
Then the house adjourned to Munday May y® 7,^^ 1722 a. m.
[p. 318] Munday May y^ 7"^ 1722, a. m.
The house met according to adjournment. Present
Mr. Speaker Pierce
James Davis ^ Capt John Oilman
Jotham Odiorn I -p, Capt Samuell Tibbets
John Oilman j ^ ' Capt Dan" Oreenough
Andrew Wiggans J Mr. Eaphr^ Dennit
One Bill Bro' Down for an Act to alter y' two Sup"" Courts
&c. & the return of. the comittee for y® money and contin-
gent charges.
[See journal of Assembly, p. 35.]'
j\Iay the 7"' 1722 p. m. the house adjourned to tuesd May 8.
[p. 319.] Tuesday May y'' 8*'^ 1722 a. m. the house met
accord, to adjournm*
Present Mr Speaker Pierce.
Peter Weare ^ Capt John Oilman
James Davis Capt Sam" Tibbets
Jotham Odiorn >Esqrs Capt Daniell Oreenough
Andrew Wiggans Mr. Eaphr. Dennit
John Oilman
Pursuant to the votes of y® Oen" Assembly of the first
antl 7**^ instant wee have examined the State of the Province
Debts &c.
And find there has been post pon'd and drawn out of the
treasury that is now to be Provided for (the sume of .£5281
pounds) hj Repetition to be pd from y° yeare 1724 to 1728.
We find the debts contracted since the Kings order to Pro-
hibit y^ striking Bills to amount £2256 : IG : 4:
of which is paid by Impost etc. 255
2001 : 16 : 4
316 PROVINCE OF NEW-HAMPSHIEE. [1722.
And fur payment of the accrewing charges y* will be Dew.
viz.
To his Excellency the Gov^ £200
Repaire of the fort £ 50
Incidents <£5o0
800: :
2001:10: 4
2801 : 16 : 4
To be repaid into the Treasury, one halfe in y'' 1729 <fe the
other halfe in 1730 : in like Bills of credit or such navall
stores and species as shall be agreed upon by y^ Gen'
Assemldy to whom this Is submitted, pr
Mark Hunking James Davis
Geo. Jaffrey John Gillman
Hich'^ Wibird Andrew Wiggan
[p. 320.] May the S'"" 1722. The house of Representatives
having considered the Report of the above comittee accept
and concur to the same.
Jas. Jeffry Cler Ass"^
Then the house adjourned to three o'clock p. m.
May y^ 8"^ p. m. The house met according to the adjourn-
ment all as above.
May y* 8"' 1722. The house adjourned to Wednesday 9*"
eifflit of the clock a. m.
Wednesday May y* ninth a. m. The house met according
to adjournment. The Clerk having leave to be absent Mr.
Daniell Greenough was chosen clerk Pr tempore.
Present Mr. Speaker Pierce,
Peter Weare "^ Capt John Gillman
James Davis I t^^ _ Cajjt Sam" Tibbetts
Jotham Odiorn | ^ Capt Daniell Greenough
John Gillman J Andrew Wiggans
Mr. Eaplir. Dennit.
[See Journal of Assembly, p. 36.]
Eod'" Die. Yotcd—
That Mr. Agent Newman be presented with c£100 out of
y® £200 voted to be Impressed
Dan'' Greenough Cler Pro.
[p. 321.] Then the house adjourned till two oclock p. m.
1722.] ' JOURNAL OF THE HOUSE. 317
Wednesday May y® ninth p. m. The house met according
to adjournment, all present as in the morning.
The Petition of Coll AValton being read relating to a
comiss" at the Eastward considered and allowed five pounds
to be pd him out of the Publick Treasury for Discharge of his
sd. service at the Eastward as set forth in his Petition.
Voted Mr Speaker Pierce, Coll James Davis, Coll Peter
Weare, be a comittee to joyn such as may be chose in the
u])per house for the Preparing a Bill relating to the strikeing
Bills of credit & signing the same.
Then the house adjourned to Thursday May y^ 10"' a. m.
Thursday May y* 10, 1722 a. m.
The house met accord to adjournm^
Present Mr. Speaker Pierce
Peter Weare ^ John Gillman Esq.
James Davis I -r^., ^ Capt John Gillman
Jotham Odihorn | ^ Capt Samuell Tibbets
Andrew Wiggans J Capt Dan^^ Greenough
Mr Eaphr^ Dennit
In the house of Represen*
Voted that a comittee of both houses be chosen to Desier
our agent Mr Newman to give us advice w' proper steps to
be used in order to obtaine y*^ Royall assent for striking
Bills of Credit in this Province for y" encouragm* of Raising
Navall Stores
Capt Odiorn, Maj Gillman & Capt Wiggans Esqrs a
Comtt. from y*^ house for y' end.
D. G. C. Protempo.
And then the house adjourned till two o'clock p. m.
Thursday May y« 10"' 1722.
[p. 322.] Tlie house met according to adjourn. — all pres-
ent as in the morning.
Eod"^ Die. Whereas the Reverend Mr. Nathaniel Rodgers
some time since took up X150 of the £1500 and he hath
now returned s'^ money to the Assembly,
Voted—
That the said hundred & fifty pounds be Let out upon-
good security at 6 pr cent by Mr, Speaker Pierce & Mr.
Eph-- Dennit.
Dan" Green° Cler. p tem.
318 PROVINCE OF NEW-HAMPSHIRE. [1722.
Eod™ Die. In the house of Representatives.
' Yoted — That his Exellencie be presented with an <£100 to
be paid him out of the Publick Treasury.
Dan" Green" Cler Pro tern.
Eod'" Die. It is y® opinion of the house of Representa-
tives that his Excellcie be reminded of Disolving the present
Assembly.
Dan" Green° Cler. Pro'^""
Then the house adjourned to fryday May y* 11*'^ a. m.
Jotham Odiorn
John Gillman
Andrew Wiooans
Fryday May y° 11'" 1722 a. m. the house met according to
adjournment.
Present
Mr. Speaker Pierce
Peter AVeare "^
James Davis j Capt John Gillman
y Esqrs. Capt Sam" Tibbets
Capt Dan" Grecn°
Mr. Eaphraim Dennit
[p. 323.] May y^ IP"' 1722. In the house of Representa-
tives.
Voted, that Maj. John Gillman, Capt John Gillman Coll
Jas. Davis, Capt ' Sam" Tibbet, Capt Tim° Gerrish & Mr.
Edw*^ Hall be a comittee to survey & Cutt two High wayes
from the heads of the Towns to Winipissiokee Pond and to
be p" the charge out of the Publick Trcasur}'.
Dan" Green" Cler Pr'"'
Sent up for concurrence
Non concurd.
Eod™ Die. Voted
That the Plates for Impressing y^ Bills of Credit be left in
the hands of Mr. Speaker Pierce.
In Councill
Voted. That L' Coll James Davis IMaj John Gillman &
Capt Tim" Gerrish be a comittee to survey and find out y'^
most commodius high way to Winipissiokee pond and Report
the same with an estimate of the charge y* will attend it to
y® Governour and Councill within six weeks & that they be
paid for the same out of the Treasury.
May y« 11"' 1722.
Rich'J Waldron Cler. Con.
1722.]
JOURNAL OP THE HOUSE. 319
In the house of Representatives
May y^ 11"" 1722. Read and concur'd
Daniell Green'' Cler Pf"
May ye 11"' 1722. In Councill.
Voted y' no swine shall goe at Large in that p' of Ports-
mouth which lies to the north east ward of a straight line
which shall run from Edw'^ Gates house to the head of the
Creek at Islington under y® Penalty of 10* fine. One halfe
to the Inform'the other halfe to y® Poore of s'^ Town.
Rich'^ Waldron Gler. Gon.
Eod™ Die. In the house of Representatives Read & Con-
curred.
Dan" Green" Cler. pro tem.
[p. 324.] fryday May y« ll''^ 1722.
The house was sent for up by his Excellency Gov'' Shute
and Prorouged to the first Tuesday in August next.
Dan" (G}reen° Cler. Pt''^
Memorandum Maj. John Gillman took out his Debent''
from y« 20'*' of July 1721 to the 11"' May 1722. •
Dan" Green" Cler. Pt"'
Capt John Gillman for his to the same time
D' Test. D G.
June 25*'' 1722, the house met by spcciall order of the L*
Governour.
Present
Mr. Speaker Pierce
Peter Weare
James Davis
Jotham Odihorn
Andrew Wiggans
John Gillman
Capt John Gillman
Capt Sam" Tibbets
)> Esqrs Capt Dan" Green"
Mr Eaph"" Dennit
Mr. John Dam
The L* Gov. Sent for the house to the Councill Chamber
and there made a verball speech : Relating to pressing men
to be sent to the eastward into the Province of Maine.
Eod™ Die In the house of Representatives.
Resolved that no souldiers that is or may be Impressed in
this Province be subsisted & paid by this Government for
any service eastward unless in time of warr consented to
1 ly this Goverment and upon expeditions to the enemies head
Quarters.
James Jcffry Cler. Ass"^
320 PROVINCE OF NEW-HAMPSHIRE. [1722.
[p. 325.] June 28'^ 1722. In the house of Represcii'
Voted—
That his Excellency be Desiered y' ye men now Impressed
may be Imployed in scouting within this Province and in
cutting the Road to Winipissiokee Pond from Dover as lately
surveyed & y' ye Treasurer suply them with provisions and
amunition, and that no sons under age or servants be ad-
mitted to take up any of theire wages without theire Parent
or masters consent. James Jeffry Cler. Ass™
The house was sent for up to the Councill Chamber and
there by order from the Gov. the L' Govern"' Dissolv^ them.
Mr. Speaker Pierce took out his Debenture from X^ ye 2^
1721, to this -Day being 27 dayes in all.
J. J. Cler Ass""
Assembly Dissolved.
Mr. John Dam Took out his Debenture for 17 Dayes in full.
[p. 326.] July 2^^ 1722. A Generall Assembly calP
The Representatives returned for the severall Towns for
this Province of New Hampshire to serve in Generall Assem-
bly for s'^ Province — are
for Portsm", John Plaisted,Eaphraim Dennit and W™ Fellows,
for Hampton, John Redman John Sandburn & for ye falls
Peter Weare Esq.
For Exeter, John Gillman Esq. Sc Capt. John Gillman.
for Stretham, Andrew Wiggans Esq. ♦
for Newington, Capt John Downing
For New Castle, Jotham Odiorn Esq. & Theodore Atkinson.
For Kingston, Sanmell Eastman.
Samuell Penhallow Esq & George Jaffry Esq accompanyed
by y*^ clerk of the Councill, were sent down to adm'' the oath
according to act of Parliament which was Don & signed to
by all above named.
And y" the house was sent for up to the councill chamber
& Desired to Ropaire to theire house and make choice of a
Speaker.
The Representatives for Dover not being come the house
deferr*^ chuseing for an houre or two. Dover Represent' not
coming and growing late the house proceeded to y^ choice, of
a speaker.
1722.]
JOURNAL OP THE HOUSE.
321
And Coll Peter Weare was chosen speaker by majority of
votes in writing.
Two persons were sent up to the Board to signifie they
had chosen a speaker.
The- house being sent for up they presented Mr. Wycr as
theire speaker who was well accepted.
And then the Lif * Governour Prorouged the Gen" Assem-
bly to the first tuesday in August next.
Cap' Samuell Tiljbets & Cap't' Tim° Gerrish for Dover ap-
peared y'' same Day, & Coll James Davis for the same place
next Day.
[p. 327.] Tuesday August 7"> 1722.
The Assembly met according to Prorogation.
P'sent
M"" Speaker Weare.
Cap' John Downing
M' John Redman
M-" Wm Fellows
M"" John Sandburn
jM"" Eapliraim Denit
M'' Theo Atkinson
Coll James Davis
Jotham Odihorn
Andrew Wiggans
Samuell Eastman ■> Esqrs.
Cap' Sami Tibbets
Cap' Tim" Gerrish
Cap' John Gilman
And the house was proroug'^ to Wednesday Aug' 15'^ 1722.
Coll Davis took out his Debenture to y° 28'^' June 1722.
Cap' Andrew Wiggans took out his Debenture to the 28'^
June 1722.
Cap' Sam" Tibbets took out his Debenture to y° 28'" June
1722, 30 Daycs.
Wednesday xVug' 15 1722 the house met according to pro-
rogation.
P'sent
M"" Speaker Weare.
John Plaistod
Jotham Odihorn
Sam' Eastman
Andrew Wiggans
John Gilman
21
Cap John Gilman
John Downing
> Esqrs W John Redman
John Sandl3urn
Theo Atkinson
Cap' Wm Fellows
L' Eaph^ Dennit
322 PROVINCE OF NEW-HAMPSHIRE. [1722.
The Clerk of the Councill came Down from y® board with
a Message from y*" L' Gov'" &c for the house to come up.
The house went up accordingly.
The L* Govern'' communicated a Letter to the house from
his Excellence.
By Order from the house the former Orders of the house
was read.
[p. 328.] August 15"' 1722.
Voted, that the third parragrai)h (In the former orders of
the house) &c be mended, viz. That no Member Speak twice,
untill every one have libberty to Speak once to the matter or
Cause in Question, Whether it be vote Resolve or Order
Bill &c.
The L* Govern^ Speech was Read & ordered to be coppied.
Then the house adjourned for two hours.
The L* Govern'' Speech.
[See Journal Generall assembly, p. 46.]
[p. 329.] (Letters referred to.)
1 rec"! yours of y"^ 24 & 27 Ints. and have Since wrote to you by Cap'
Plaisted in -wliicli was inclosed a Declaration for Warr which I Ques-
tion not you have made Publick by beat of Drum in his maj'''^'* Province
of New Hampsh'' This affairr oblidges me to meet the Gen' Assembly
on y'' 8"^ of the next month y' so 1 may be enabled to Prosecute this
■warr which wee are forced into, with utmost vigor. It will be abso-
lutely necessary also y' you should meet the assembly in New Hamp-
shire much about the same time y' so y"^ Province may Send theire
Quota, wee having ovit already GOO.
This you must press to them in the Most Earnest Manner, for if we
joyn heartily in this affaire, 1 hope through Gods blessing we Shall in
a short time Drive these Barbarous Indians from amongst uss. all the
News woe have from Great Brittaine is the Discovery of a New Plot
of which at p'sent wee have not y"^ Perticulars.
1 am y"" humble Serv'
Sam'l Shute.
Boston July 30 1722.
I
1722.]
JOURNAL OF THE HOUSE.
323
[p. 330.] Wednesday August IS*** p. m.
The house met according to adjournment
Present as in the morning
A message sent up to signify the three Dover Reprent^
was Ready to be sworn and Qualified to sit.
Coll Packer & Richard Wibird Esqrs with the clerk of the
Councill was sent Down to Quallify s** members which was
don accordingly in the assembly.
Eod™ Die-
Voted, That any member of this house that shall neglect
to weare his sword or be found without it during the sessions
of Gen" assembly from this Day shall pay a fine of one shil-
ling to the clerk of this house for ye use of the house and
the fine to be Repeated as ofted as found without a sword.
Jas. Jatfry CI As.
Eod™ Die.
Voted that James Jefifry be clerk of the assembly for the
Province of New-Hampshire on the same establishment as
formerly agreed for.
Jas JetTrey Cler Ass"^
Eod™ Die. Order of the house.
Voted
That every bill to be passed in this house be read three
times, and that there be two adjournments of this house
before any Bill pass.
This to be further consid'' off.
Then the house adjourned to nine of the clock Thursday
y® 16. A. M.
Thursday August IG*'^ 1722 A. m.
The house met according to adjournment.
Present Mr Speaker "Weare.
> Esqrs
Coll John Plaisted ^
James Davis
Jotham Odihorn
Andrew Wiggans
John Gillman
Samuell Eastman
John Sandburn
Theo Atkinson
W" Fellows.
Capt John Downing
John Gillman
Tim« Gerrish
Sam" Tibbets
L* Ea])hr' Dcnit
Mr. John Redman
324 PROVINCE OF NEW-HAMPSHIRE. [1722.
[p. 332.] Thursday August y^ 16'^ 1722. a. m.
In the house of Representatives.
Voted—
That Coll John Plaisted, Coll James Davis, Maj. John
Gillman, Capt William Fellows & Capt Tim° Gerrish be a
comittee of this house to draw up an answer to the L' Gov''*
speech, and present it to this house for acceptance.
James Jaffry Cler xiss™
Then the house adjourned for two hours p. m.
Thursday August 16 1722 p. M. the house met according
to adjournment all present as in the morning.
The Govornours Letter of y" 13**^ was Bro* Down to be
comunicated to the house, which was read.
Sir,
The Government of the INIassachusetts are Determined to take vigor-
ous measures in the Warr wee are now entered into ag' the Indian
Rebels and I expect you will readyly joyn with them in this Important
affaire. We are now forming an expedition against the Indians in
which I will employ three hundred & thirty men besides the souldiers
which will be left to guard the frontiers, you must therefore raise
seventy good effective men at least to be an entire company to joyn
with them. Let them be raised with all possible expedition and
furnished with good arms and amunition. Send me the names of the
Capt** & Liu' you think proper for this service and I will send their
comss"^,
Communicate this to the Gen" assembly
Your serv'
Sam'l Shute.
August 13th 1722.
Eod™ Die
The comittee returned with an answer to the Liu* Gov-
ern" Speech which was Read three times & Resolved in the
house y' it be sent up.
Jas. Jaffry Cler Ass""
Answer to Lt Gov^ speech
[See Journal of Assembly, p. 49]
Eod™ Die—
[p. 335.] A vote of the Councill sent down to chuse three of
this house to joyn with three of the upper house to consider
the Gov''^ Letter of the 13"' inst and make Report thereon.
Then the house adjourned to friday y'' 17'" a. m.
1722.] JOURNAL OF THE HOUSE. 325
Friday August y^ 17"' 1722.
Friday August y° 17"' 1722 a. m.
the house met accordiug to adjouniment.
P'seiit M'' Speaker Weare.
Coll John Plaisted "^
Jas Davis
Jotham Odiorn
Andrew Wiggans
John Oilman
Sam" Eastman
Cap' Tim^^ Gerrish j
Cap* John Gillman
Sam" Tibbets
W"' Fellows
> Esqrs John Downing
Mr. John Redman
John Sandburn
Theo Atkinson
Eaphr^ Dcnnit
Coll James Davis & Capt Tim° Gerrish &c Bro' in tlieire
acct for paym* of theire service in surveying the Rhoad to
Winipisiokee Pond.
A^oted y'" ace* allowed to the sume of =£13 & concurd at y*
upper house. Eod™ Die.
A vote Bro* Down from the house for chusing three men
of each house to be a comittee of War for the Disposition of
the men of the Province to joyn with the comander in chief
in y° affaire which vote was read & being put to vote whether
such a comittee should be chosen or not. It past in the
negative.
[p. 336] Fridav August 17*^ 1722 a. m.
In Councill August 17"' 1722.
Voted — That one of the house be joyned with one of this
Board to waite on his Excellencie with the answer the House
to his Excellencies Letter &the L* Govern'"'* speech & discorse
him tliereon.
Rich'' Waldron Cler Con
Eod'" Die. In the house of Representatives
Read and concurd
[p. 337.] The house adjourned for two hours p. m.
The house met according to adjournment present as in tlie
morning.
James Jaffry was sworn clerk of this house whose oath as
folio weth viz.
You James Jaffry Do swearc y* you will faitlifully Dis-
charge y° office and Duty of clerk of this house according
to your best skill & knowledge, and to make true entries of
all orders Resolves & Votes of this house in due place &
form according to Direction and need may require.
326 PROVINCE OF NEW-HAMPSHIRE. [1722.
A message from the Board to form Instructions for y^ Gen'
to be sent the Govern''
Fryday August 17, 1722.
[p. 338.] In the house of Representatives.
Voted.
That a comittee of this house he chosen to joyn with a
comittee of the upper house to draw up Instructions for
those Gen' that are to waite on his Excellencie according to
our vote in the morning and to Lay y® same before the Gen^'
Assembly for theire approbation.
Jas Jeffry Cler. Ass""
Sent up for concurrence.
Eod"' Die. In Councill Read & concurd & voted y' Coll
Mark Hunking George Jaffry & Richard Wibird Esq. be of
the comittee from y*^ board to joyn w'^ soe many of y*
house for y® service above.
Rich'' AValdron Cler. Con
Eod"' Die. In the house of Representatives
Voted. That Andrew Wiggans Esq. Capt. W™ Fellows
& Mr Theo Atkinson be of y^ comittee of this house for y*
s*' service.
Jas Jeffry Cler Ass""
Eod™ Die. Capt Daniell Greenough preferd a petition to
to this house
Eod™ Die. A vote of this house in X"" 1721 relating to Isaac
Green of Hampton, relating to his Imprisonm' at Newbury
on ace' of Rates was read.
In the house of Representatives.
Voted, y' y*' s'' Isaac Green have the allowance then given
him and y' the select men of the Town of Hampton make
an assesmcnt for y® same on s'' Town.
Jas Jeffry Cler. Ass™
[p. 339.] Fryday August y« 17, 1722, p. m.
Benj^ Akarman Petitioned this assembly for an allowance
of seven pounds for his service in y® yeare 1721.
Eod™ Die — In the house of Representatives
Voted, it be allowed and paid him out of ve Treasury
Jas Jaffry Cler Ass™
A message from the Board that Green and Akarmans
voats are concured with.
Then the house adjourned to Satlmrday August 18"^ a. m.
nine o'clock.
172-2.] JOURNAL OF THE HOUSE. 327
Satliurday August 18'^ 1722 a. M. the house met accord-
ing to adjournment.
Present Mr Speaker Weare.
Coll John Plaisted
Ja* Davis ^
Jotham Odiorn
Andrew Wiggans
John Gillman
Sam" Eastman
Capt John Downing
Sam" Tibhets
J> Esqrs Tim" Gerrish
W" Fellows
■ John Gillman
Mr. Eaphr^^ Dennit
John Redman
John Sandburn
Theo Atkinson
Irt the house of Representatives.
Voted, That all privat ccntinells Imprest in this Province
shall have forty shillings pr month wages for theire service
Don in this Province for two years next ensueing.
Ja^ Jeffry Cler Asse"'
Samuell Eastman Esq took out his Debenture from y®
20'^ June 1721 to this Day for 27 Days.
Eod™ Die. Upon Reading y® vote relating to Isac Green,
Mr John Redman enters his Descent ag* it.
[p. 340.] Saturday August 18'" 1722 a. m. In the house
of Representatives.
Resolved that y* hearty thanks of this house be given to
the hon'''* the L' Gov"" for his good care of the Province in
Providing and keeping out scouts & in viewing & taking
care of the out Garrisons and humbly prays his hon"" to con-
tinue the like good care. And that Coll James Davis Sam-
uell Estman Maj-" John Gillman Esq & Capt Jim" Gerrish
be a commitee to present this vote and the thanks of the
house.
Jas Jeffry Cler Ass"'
Eod™ Die. The comittee for Drawing up y° instructions
for y® Gen* that are to waite upon y*^ Govern"^ according to
the vote yesterday made theire return Avhich was read &
amended and sent up for concurrence.
Jas. Jeffry Ass""
Eod'" Die. Y^ same Bro't Down againe and nonconcur'd
328 PROVINCE OF NEW-HAMPSHIRE. [1722.
with and another voate Bro* Down from y'' Board relatmg to
the same business, was read and concnrd w*^.
[See Journal of Assemljly, p. 52.]
August f 18"^ 1722.
[p. 342.] The L* Gov"" sent for the house up to the Bord.
Mr Speaker and the house went up accordingly: and was
Prorouged to Wednesday the 29"^ iiist.
"Wednesday y° 29"" August the house met according to
adjournment.
P'sent Mr Speaker Weare.
Coll John Plaisted Capt William Fellows
James Davis ' John Downing
Jotham Odiorn "^ John Gillman
Andrew Wio-gans I ^ Tim° Gerrish
Sam'i Eastnian f ^"^^^^'^ Sam" Til)bets
John Gillman J J\Ir John Redman
John Sandburn
Eaphr^ Dennit
Theo Atkinson
A message by y® cler con. that his lion'' y° L* Governor
Directs this hon''^® house to attend him in the Councill Cham-
ber.
Mr Speaker & the house went up accordingly.
The L' Gov"" made a speech to them and then returned to
the house againe.
And the clerk the clerk con. Bro' Down the speech in
writing : viz,
[See Journal of Assembly, p. 54.]
Mr Geo Jaffrey was sent Down mth the Gov''^ letter and
Read it. The substance whereof was y' the Gov"" expected
our Qiiota ready to ship on Board IMr Prats vessell now
bound to the Eastward & Provisions &c.
A Petition of the Representatives of the Town of Dover
in Behalfe of said Town Relating to theire Gramer Schoole
was Bro* Down from the board with a vote on it past there
the Petition was read in the house and ordered to ly under
consideration. Then the house adjourned to thursday, Au-
o-ust 30"'
I
17-22.]
JOURNAL OF THE HOUSE.
329
Thursday August y'^ 30'" a. m.
The house met according to adjournment.
P'sent Mr Speaker Weare.
John Plaisted
James Davis
Jotham Odiorn
Samuell Eastman
Andrew Wiggans
John Gilhuan
> Esqrs
Capt John Downing
John Gilhnaii
Sam" Tibl)cts
Tim° Gerrish
W™ Fellows
Mr John Redman
John Sandburn
Eaplf Denuit
Theo Atkinson
Voted, that a bill be drawn up for encouragment of Yol-
lun*^ & Souldiers of this Province ag* the Indian Ennemy, &
that a Comittee of this house be Chosen to Joyn with a
Comittee of the upper house for Drawing up a Bill accord-
iniiiv.
Sent up for Concurrence.
August 30, 1722
[p. 344.] August ye 30* a. m.
The Dover Petition was Read tt Concurred with, Provided
they keep a Schoole for writeing & arithmetick ; & Sent up.
A letter was Read from his Exilencie, Expecting 50 Soul-
diers & officers, and that the Treasurer be ordered to Supply
with Provisions for y" Eastward.
Resolved, that no men be supported by this Government
in the Eastern Country, for the Reasons Rendered in the
Answer to the hon''"^ the Liu' Gover' Speech to this house
Aug* 17, 1722.
A Petition of Danicll Grcenough & others agt Jotham
Odiorn Esq, was Read in the house
put whether the Petitioners should
Petition or not. It past in the affirmative, to be heard the
Second day of the Sitting of the next Sessions, and that y^
Clerk of the Assembly Notify y'^ p'sons concerned accordingly.
Then the house adjourned for two hours.
Thursday August 30, p. m.
the house met according to adjournment. A vote Bro*
Down from y® Board.
In Councill August y^ 30"' 1722.
Voted, That a Block house be forthwith Built at Wini-
pishokee Pond, at such place and in such form as a Com-
The Question being
be heard upon theire
330 PROVINCE OF NEW-HAMPSHIRE. [1722.
ittce to be appointed for y* End shall Direct, for the Annoy-
ance of the Indian Enemy in those parts. And that a
Comittee of both houses be appointed to make an estimate
of the Charge in order to have the Same allowed, and
Voted which Comittee for makcing the estimate on the part
of the Board are Coll. Plunking & Coll Walton.
R. W. Cle. Con.
Eod™ Die. In the house of Represent. Read & Concur-
red with, and Voted, that Coll. James Davis & Cap' Tim"
Gerrish be a Comittee of this house to Joyn with the above
Comittee for the end aboves''
J J C As°»
[p. 345.] August 30"' 1722.
The Vote for encouragement of Volluntiers & Souldiers
&c. Came Down Concurred with, and that George Jaffrey &
Richard Wibird Escf^ appointed from the Board to Draw up
a Bill accordingly.
Eod. Die. In the house of Representatives.
Voted. That Cap' William Fellows & W Theodore At-
kinson be of the Comittee from this house to Joyn with the
above Comittee for the end aboves*^
Then the house adjourned to fryday y* 31, August, a. m.
Fryday August 31*' 1722 a. m.
The house met according to adjournm*
Present, Mr. Speaker Weare.
John Plaisted
James Davis
Jotham Odiorn
Andrew Wiggans
John Gilman
Sam" Eastman
Caj)' John Downing
John Gillman
. -r. W™ Fellows
}■ ^^-l^'^ Timo Gerrish
Sam" Tibl3ets
M"^ John Redman
Theo. Atkinson
John Sandburn
Eaph'' Dennit.
Eod™ Die. The act for Exempting the Town of Dover
from y® Penalty in y'= act Relating to Gramer Schooles read
three times and past to be enacted. J J C A.
Eod"" Die. The Comittee for Estimateing the charge for
Building a block house at "Winipissiokee Poiid made their
Report.
1722.]
JOURNAL OF THE HOUSE.
331
That it would cost to build Said fort fifty foot Long and
forty foot wide, fifteen foot without and Eight foot high
within al)Out £300.
Eod" Die. In the house.
The Question being put whether to build said Block house
or not.
It past in the affirmative. J J C A.
[p. 346.] August 31, 1722.
In the house.
A Vote for the Millitary comission officers in y® Respective
Towns witliin this Province be a comittee of Millitia for
ordering all things referring to the Building and Letting of
Garrisons and appointing the Inhabitants severally thereto
&c.
Then the house adjourned for two hours.
Fryday August ye 31, 1722 p. m.
The house met according to adjournment all present.
The Question being put whether the Ten pounds aded to
Boston act for scalp money pass or not.
It past in the negative.
Then the house adjourned to Saturday 7*^"^ y'' ist 1722 a. m.
Sathurday September the first a. m.
The house met according to adjournment
P'sent Mr. Speaker Weare.
John Plaisted
James Davis
Jothani Odiern
Samuell Eastman
Andrew Wiggans
John Gillman
> Esqrs
Capt John Downing
John Gilman
Sam" Tibbets
Tim° Gerrish
W" Fellows
Mr. John Redman
John Sandburn
Theo Atkinson
Eap. Dennit
Eod"" Die.
The vote for the encouragement of Killing and Takeing
Indians was Read & past nemini contradicente.
Eod™ Die.
Voted that ye millitary comission officers in y*^ Respective
Towns within this Province be a comittee of Millitia for
ordering all things referring to the Building and setling
garrisons.
Sent up for concurrence.
332 PROVINCE OF NEW-HAMPSHIRE. [1722.
[p. 347.] Sathurday 7"^ the first 1722.
In the house, &c.
Voted that the Report of the Comittee for Buikling a Block
house at Winisiokce Pond be accepted witli this amendment
That the s*^ Bh^ck house or fort be built fifty foot square, and
that the comander in cheife be desiered to Provide one
hundred & fifty men at Least for y' service including the
Laborers. And y* it be begun as soone as conveniently may
be, and y* y" Treasurer supply the men accordingly.
J J C. Asm
A Message from the Board By Mr Treasur'' Geo Jaffry &
Richard Wibird Esq. signifying that what was ordered for
suply into the Treasury is expended and that a further
order for subsisting be taken into consideration
Li the house &c.
Voted, That foure hundred pounds be paid the Treasu'' of
this Province for y** subsisting the forces y* shall be Imployed
Li Building y*" Block house voted to be Built at Winipisiokee
& for furnishing with Provision & amunition such volunteers
as shall obtaine y'' approbation of the comander in chiefe for
the time being.
J J C As^
A message by the Cler Con. that the above vote is con-
cur'd, and y' y*^ Bill of this house entituled an act to En-
courage y*^ Prosecution of the Indian enemy <fc Rebels was
concur' d
And also y*" Bill for Building y'' Block house at Winipissio-
kee Pond was concurred.
And also y*^ Bill in addition to the act for Regulating the
millitia concur'd and all ready for signing
[p. 348.] 7-^ r 1'' 17'-22.
In the house &c.
Voted, Tliat the MiUitary coniission officers in their Re-
spective Towncs within this Province be a comittee of mil-
litia for ordering of all things referring to the Building &
Setling of Garrisons ; as they or the maj. part of them
shall see occasion. And the several Inhabitants are hereby
Required to yield Due obedience to the orders of the said
comittee on Penalty of a fine of five shillings pr day for
every daycs refusall. And upon Refusall of payment of such
fine he or they shall forthwith by warrant from y*" comanding
officers of y'^ company to which he or they belong. Directed
1722.]
JOURNAL OF THE HOUSE.
333
to the clerk thereof, be forthwith sent to his Maj"''* Goal at
Portsmouth there to Renr"* iintill the fine be paid and all
charges accruing thereon.
Sent up for concurrence.
Concurr'd with as before. J J C A
A message from the Board hj the cler con
That the house appeare at the Board.
Mr Speaker and the house went up accordingly and the
assembly was Prorouged to the eighth of October next.
Coll Weare took out his Debenture 34 to y° G"^ 7^ 1722
Munday the 8^^^ of S"" 1722 the house met according to
adjournment.
Present Mr Speaker Weare.
James Davis
Jotham Odiorn
John Gillman
Andrew Wiggans
John Plaisted
Capt William Fellows
John Downing
> Esqrs John Oilman
Mr John Redman
John Sandburn
Eaph"" Dennit
Theo Atkinson
[p. 349.] 8-^ y« 8"' 1722.
A message by y® clerk for the house to appeare at the
Board.
Mr Speaker and the house went up accordingly and was
prorouged to the 17"' inst.
Wednesday 8'' y® 17"^ 1722. The house met according to
Prorogation. Present
Mr Speaker Weare
John Plaisted
Jotham Odiorn
John Oilman
Sam" Eastman
Andrew Wiggans
Capt John Downing
Tim° Gerrish
)> Esqrs Sam" Tibbets
W" Fellows
John Gillman
]\Ir. John Redman
John Sandburn
Eaph'" Den net
Theo Atkinson
334
PEOVINCE or KEW-HAMrSHIRE.
[1722.
A message from the L' Gov'' by M"" Cler Waldron that the
house attend him at the Board.
Mr Speaker and the house went up accordingly Where
they rec" the Liu' Govern^ speech which was sent down to
to the house imediatly.
[See Journal of Assembly, p. 60.]
[p. 351.] In the house &c
Voted That Coll John Plaisted Andrew Wiggans Esqr
Capt W'" Fellows & Mr Theo Atkinson be a comittee of the
house to answer the Liu* Gov"^^ speech and present to this
house for approbation. J J C A.
Then the house adjourned to Thursday 18"> 8'^ 1722 a. m.
Thursday S-- the W 1722 a. m.
The house met according to adjournment.
Present Mr Speaker Weare.
John Plaisted
James Davis
Jotham Odiorn
Andrew ^Viggans
John Gilnian
Samuell Estman
> Esqrs
1 Capt John Downing
W"' Fellows
Sam" Tibbets
Tim" Gerrish
John Gillman
Mr John Redman
Mr Eaijh'- Dennit
John Sandburn
Theo Atkinson.
[p. 352.] Thursday 8-^ y« 18"^ 1722.
The comittee for answering the Liu* Gov''^ speech made
theire return which was Read & accepted & Resolved to be
sent up.
[See Journal of Assembly, p. 02.]
[p. 353.] 8' 18th 1722.
The answer to the L* Gov" speech was sent up.
The matter of Capt Frost & Greenoughs Petition ag* Jo-
tham Odiorn Esq was Bro* forward.
The Parties Caled.
Capt John Frost Capt Danicll Greenough and ]\Ir Jo^
Simpson appeared and produced several evidences to make
good the complaint in theire Petition.
The evidences being read and Parties heard and the mat-
ter Debated,
And put to vote whether s*^ Odiorn was legally chosen or
not. It past in the affirmative, and
1722.]
JOURNAL OF THE HOUSE.
335
Resolved tliat s'^ Jotham Odiorn Esq was legally chosen a
Representative for the Town of New Castle, and Reconducted
to his place againe.
Then the house adjourned to frjday 8"' y^ 19'"^ 1722.
Nine of the clock a. m.
Fryday 8'' y* 19"^ a. m. The house met according to ad-
journment.
Present Mr Speaker Weare.
John Plaisted
James Davis
Jotham Odiorn
John Gill man
Samuell Eastman
Andrew Wiy-o-ans
> Esqrs
Capt John Downing
John Gillman
W" Fellows
Tim° Gerrish
Sam" Tibbets
Mr John Redman
John Sandburn
Theo Atkinson
Eaph"" Dennet
In the house of Representatives.
Resolved that the established wages for all officers & soul-
diers in the service of this Province & Don in this Province
for two years now next ensuing from y^ 17'^ of August last
past shall be [p. 354.] For a capt* seven pounds pr month
.for a Liu' foure pounds for a serg* & clerk each fifty-eight
shillings for a corporall forty-five shillings for a cent* forty
shillings. Aug' y« 19"^ 1722. J J C A.
Sent up for concurrence.
Eod™ Die. A message from the Board by y* clerk con.
That the above voat was concured with.
In the house of Rep'"
Resolved That the Treasurer be sent for and ordered to
bring in his accompts what he hath paid and what money he
gives the Province credit for since his last ac' made up in
1721. J J C A.
Then the house adjourned to two o'clock p. M.
Fryday S"" y* 19'^ 1722 , the house met according to adjor"
all present as in the morning
Then the house adjourned to Saturday S"" y'' 20"' a. m.
336 PROVINCE OF NEW-HAMPSHIRE. [1722.
Saturday 8'' y*" 20''' 1722. the house met according to
adjor".
P'sent Mr Speaker Weare.
John Plaisted "^ Cap^ John Gillman
Jotham Odiorn | Tim° Gerrish
Samuell Eastman I ^^ ^.^ W'» Fellows
Andrew Wiggans [ ^ John Downing
John Gillman Mr. John Redman
James Davis j John Sandburn
Theo Atkinson
Eaphr^ Dennit
Samuell Tibbets.
Eod" Die.
Voted that John Plaisted Esq. Capt William Fellows Mr
Theodore Atkinson & Mr Clerk Jeffrey be a comittee of
this to examin the Treasurers ace** from May 1721 and the
Prov acc'^ and state them in the best manner they can,
That it may be known how the state of the cash in y" Trea-
sury stands and make theire return to this house Munday
next. J J C A.
[p. 355.] Sathurday 8-^ y« 20"' 1722.
Eod™ Die. In Councill.
Voted. That a comittee of both houses be appointed to
examine the Treasurers acc*^ from the month of July 1721
& Report to the gen" Assembly the present state of the
Treasury & y* Mark Hunking & George Jaffrey Esqrs to be ■
of y® Comittee from the Board for the service above
RWC C
Eod" Die.
In the house of Representatives Read and
Eod"' Die A Bill read for making an act ag* psons selling
without License Read & sent up for Concurrence.
Then the house adjourned to Munday 3 o'clock p. M.
Munday 8"^ y" 22'^ The house met according to adjornm^
P'sent Mr. Speaker Weare.
John Plaisted Capt John Downing
John Gillman \ ^ ^ W™ Fellows
Andrew Wiggans \ ^ Tim° Nerrish
*c&
Mr John Redman
John Sandburn
Theo Atkinson
Eaph'' Dennit
1722.]
JOURNAL OF THE HOUSE.
337
The comittee for examining llic acconipts not being ready
to make theire return the house adjourned to Tuesday 8"^ y*"
23<^ 1722 A. M.
Tuesday S"" y^ 23'^ 1722, a. m. the house met according to
adjournm'
Present Mr. Speaker Weare.
John Plaisted
Jotham Odiorn
Jas Davis
Sam" Eastman
John GiUman
Andrew Wisr^ans
> Esqrs
Capt John Downing
John Gilhnan
W"^ Fellows
Tim° Gerrish
Sam" Tibbets
Mr John Redman
John Sandburn
Theo Atkinson
Eaphr'' Dcnnit.
[p. 356.] Tuesday 8^ y« 23^^
Voted. That the bonds for the 15001b lying in the former
speakers hands be sent for & Lodged in the hands of a pson
appointed by this assembly. J J C A.
& ordered that Capt Tim" Gerrish & Capt John Gillman
be sent from this house for them. J J C A.
Eod™ Die. the above two Gen* Bro' the bonds being twelve
in number and Gave them the Speaker.
Then the house adjourned for two hours p. m.
Tuesday 8'^ y'= 23*^ 1722 p. m. the house met according to
adjournni'
The comittee not being ready to make theire return
The house adjourned to Wednesday 8'^ y* 21'^ 1722 a. m.
Wednesday 8' y* 21"' 1722 a. m. the house met according
to adjournment.
Present Mr. Speaker Weare.
> Esqrs
Capt John Downing
John Gillman
W" Fellows
Tim° Gerrish
Sam^i Tibbets
Mr John Redman
John Sandburn
Theo. Atkinson
Eaph'^ Dcnnit.
The house adjourned for two hours.
22
John Plaisted
James Davis
Jotham Odiorn
John Gillman
Andrew Wiggans
Sam" Eastman
338 PROVINCE OF NEW-HAMPSHIRE. [1722.
"Wednesday S"" y^ 24"' 1722 p. m. the house met according
to adjournment, all Present as in the morning.
Voted that Jotham Odiorn Esqr and Mr Theo Atkinson
and Mr Eaphr^ Dcnnit be a comittee of this house to Joyn
with a comittee of the upper house to examine the Muster
Roles of the souldiers in the service this last Sumer in order
to be laid before this house for allowance. J J C A.
[p. 357.] 8' y« 24"^ 1722 p. m.
The comittee for Examining the Treasurer & Province
acc^* made theire Return to this house a copy of which lies on
file. In the house Voted, the said Return be accepted and
the accompts allowed. J J C A.
Then the house adjor'' to thursday y^ 25''' 1722 a. bi.
Thursday 8'' y" 25"' 1722 a. m. The house met according
to adjournment.
Present Mr Speaker "Weare.
John Plaistcd
Jotham Odiorn
Andrew Wiggans
John Gillman
Sam" Estman
Capt John Downing
John Gillman
J> Esqrs Tim" Gerrish
Sam" Tibbets
W" Fellows
Mr. John Redman
John Sandburn
Theo Atkinson
Eaph Dennit
Eod'" Die. The act for the excise amended & sent up.
Eod'" Die. The act^ returned by the comittee was sent
up.
Eod'" Die. In the house &c.
Voted that two hundred paire of Snow Shoocs & so many
paire of mogusoons be forthwith provided & made at the
publick charge Each Town in this Province to make their
Proportion according to theire Last Province Tax. And y*
y® select men in each Town take care the same be Don and
Rate each Town and pay for the makeing thereof and y' y" care
of them be under the chief millitary officer in each Town and
that they shall not be used at any time but for his Maj'ties
service, nor Lent. Sent up for concurrence
J JC A.
I
1722.]
JOURNAL OF THE HOUSE.
389
[p. 358.] Thursday 8-" y« 25, 1722.
A message from the board for theire voat of y^ 20'*^ past
Relating to a Comittce of that Board to Joyn with a com" of
this house to examiii the Treasurers ace'* which vote was
read and non concurred.
Eod'" Die. In the house of Representatives
Resolved, That it is the undoubted Right of this house to
examine & allow the Treasurers accompts.
J J Cler ass"
Eod'" Die.
Voted that y« £5384 ordered to be Imprest, May y° 7"'
Last past be Bro* into this house by the comittee that signed
the same — in order to be put into the hands of Trustees to
be appointed for y* end according to s** vote of May y® 7"^ for
the exchanging the same.
J J C A.
The above vote sent down Blank from the Board pr Mr.
Jaffrey.
Then the house adjourned for two hours.
Thursday S"" y" 25*'' 1722. p. m. the house met according
to adjournment all present as in y® morning.
In the House of Representatives.
It is the opinion of this house that the vote sent up this
Day relateing to the X5384 — is consonant to the act Relate-
ing to the same and alsoe to the Gov"^ comiss°, the above
opinion sent down
Blank pr m'' Jaffrey. J J C A
Then the house adjourned to fryday 8'' y'' 26"" a. m.
[p. 359.] Fryday 8^ f 2G«' 1722 a. m.
The house met according to adjournment
Present Mr. Speaker Weare.
John Plaisted
Jotliam Odiorn
John Gillman
Samuell Estman
Andrew Wiggans
Capt John Downing
William Fellows
Capt John Gillman
Tim° Gerrish
Sam" Tibbets
^ Esqrs Mr. John Redman
John Sandburn
Theo Atkinson
Eaphra Dennit.
340 PROVINCE OF NEW-HAMPSHIRE, [1722.
Mr. Justice Eastman tooke out his Debenture from y*^ 1*'
May 1722, to this day 36 Dayes in all
Eod™ Die — The Question being put whether the three
Towns viz, Portsmouth, Hampton & Exeter shall have Trus-
tees for y^ X5384 or in Portsmouth only.
It past for the three towns.
Eod'" Die. Voted that the £5384 appointed to be Lodged
in Trustees hands for exchanging be Lodged part in Ports-
mouth part in Hampton and part in Exeter for y' end in
psons to be nominated by both houses one thousand pounds
in Hampton, and one thousand in Exeter and the rest in
Portsmouth.
J J C A.
Eod'" Die a message y^ vote is concurred with
Tlien The house adjourned for two hours.
Fryday S"^ f 26'^ 1722 p. m.
The house met according to adjournment all present as in
the morning — And the comittee for auditing the muster
Roles made theire Return.
[See Journal of Assembly, p. 68.]
[p. 360.] 8' y« 26 1722 In the house of Representatives.
Resolved. The above ac'' of the Muster Roles returned
by y® comittee of audit be allowed the severall sums entered
ag* the officers names. J. Jaffry CI. Ass™
[p. 361.] In the house of Representatives.
Capt Sam" Tibbets ace* £ : 15
Capt John Gilmans ace** X2 : 15
Capt Tim° Gerrish & two others <£8 : 6
Capt Jas Davis & Doctor Alden £6 : —
An ace' for Coll Waldron <£9 : —
£26 : 16 : —
8-^ f 26, 1722.
In the house of Representatives.
The above ace* being referred to the Assembly Resolved
that the above ace' be allowed as the sums are set off ag* y*^
names. J J C Ass""
In Councill 8'- y^ 26, 1722.
Voted that mark Hunking, George Jaffry & Richard Wi-
bird Esqrs be of the Trustees from the Board for receiving
that part of the five thousand three hundred eighty foure
1722.]
JOURNAL OF THE HOUSE. 34l
pounds which is to be Lodged at Portsmouth for exchanging
the old out standing Defaced Bills.
Rich'^ Waldron Cler Con.
Eod-" Die.
In the house of Representatives,
read & concurred — and
Voted— That Coll John Plaisted Capt Joshua Pierce, Mr
Eaphraim Dennit be of the Trustees from this house to Joyne
with the Gen** above appointed for y' end.
J J C Ass*"
Eod-" Die.
Voted y* Coll Peter Weare be of the Trustees of this
house for y* part of y'' live thousand three hundred 84 pounds
to be Lodged in Hampton & Maj"" John Gillman be of y**
Trustees for the Town of Exeter for y'' service above.
Sr 26, 1722.
Li the house of Representatives,
[p. 362.] Voted that all the men under the comand of
Capt John Penhallow at Arrowsowick be made up thirty two
shillings pr month for all the Time they were in y" service,
and the Deserters y'' same wages of thirty two shillings pr
month for the Time they were in the service and nothing
more to Capt Penhallow and to Lt Lad 10s per month added
to what was allowed before. J J C A.
[p. 363.] Sathurday 8-- f 27*^ 1722. a. m.
The house met according to adjournment all present But
Coll Davis.
Memorandum— That the Bonds Relating to y' 1500 lb
Loan & 230 lb besides in all 1730 lb thirteen bonds are de-
livered by the psent speaker to Coll John Plaisted for safe
keeping.
Eod-" Die.
In the house of Representatives.
Voted — That the sume of five hundred thirty eight pounds
eleven shillings and three pence be paid into the Treasury
of this Province by the comittee y* signed y" X2800 for the
payment of the muster Roles and acc'^ allowed by y® gencrall
assembly 8' y« 26 1722.
And that it be ])'' to the scverall officers & psons as the
sums are carryed off against theire names & y' y*' comander
in chiefe for the time being be desired to Issue out his War-
rant accordingly.
Eod'" Die. A message y* above voat concurred with.
342 PROVINCE OF NEW-HAMPSHIRE. [1722.
Eod'" Die.
In the house of Representatives.
Voted — That his Excellencie y*^ Goveniour be presented
with one hundred pounds to be paid him out of the Treasury
for his support in mannaging y*^ affairs of y^ Goverm* to 8' y*
l«t 1722.
Sent up for concurrence.
Eod™ Die.
Resolved, that y® sume of one hundred pounds be paid out
of y* Publick Treasury to his Hon'' y* Lift Gov'', for his great
care & speciall service Don this Province.
J J C Ass°^
[p. 364.] 8^ y^ 2T, 1722.
An ace* of Mr. Smales for 25s for 2 years.
Last past be allowed .£1:5
Li council 8-^ y^ 27"^ 1722.
Voted That Mark Hunking George Jaffrey & Richard
Wibird Esqrs be of the Trustees from the board. to joyn with
soe many of the house to receive the five thousand three hun-
dred eighty foure pounds in equall parts for exchanging the
outstanding bills according to the Tenor of y® act.
R W C Con.
Eod™ Die. In the house of Representatives.
Read & concurred.
Voted— That Coll Peter Weare Coll John Plaisted & Maj'
John Gilnian be of the Trustees from y® house (to joyn
with those chosen by y* Board) to receive in Equall parts
with them y* £5384 for exch^ the old outstanding Bills ac-
cording to the Tenor of y® act.
J J C A.
Sent up for concur®
In the house of Representatives,
[See Journal of assembly, p. 74.]
[p. 365.] Eod™ Die.
Mr. John Penhallows Muster Role allowed to the sume of
£125 : 3 : 8.
Eod"" Die.
In the house of Representatives.
Voted — That Andrew Wiggans Es([r Mr Theodore Atkin-
son be a comittee of this house to joyn with the cpmittee
^^^oo.] JOURNAL OF THE HOUSE. 343
of the upper liouse to Draw up the act for Emitting two
thousand pounds. J J A.
Eod-" Die.
In the house of Representatives.
Voted— that the souldiers belonging to Castle William
and Alary Receive theire wages allowed at two severall pay-
ments the one halfe in march the other halfe in October & so
De anno in annum. n \ ,,m
Jas Jeffry C Ass".
Pp. 3G(3.] 8-^ f 27^'^ 1722.
In the house of Representatives.
Voted— That foure hundred eighty six pounds eight shil-
lino-s & nine pence be Delivered the treasurer by y« comittee
y' sio-ned the two thousand eight hundred pounds lor pay-
ment of the allowance of Mr Penhallows addition to his
muster Role and aecompt allowed Mr Small s-^ sum being y''
Ballance of s*^ sum of £2800 and if any over plush to rem^
in the Treasury till further order. , -r ^ *
J J C A.
Eod'^^ Die in Councill Read & concur'd By a message per
Mr Clark Waldron.
Then the assembly was Prorouged to yMO'^ 2^'' next
Coll Ja' Davis took out his Debenture to this Day.
Capt Tibbets Do Debenture to Do
Mr John Redman Do Do to Do
Mr John Sandburn Do Do to Do
[p. 367.] Munday X' y*^ 10'>^ 1722.
The house met according to Prorogation.
Psent Mr Speaker Weare.
John Plaisted Capt John Downing.
Jotham Odiorn ^ Tim° Gerrish
James Davis > Esqrs W'" Fellows
John Gillman J Mr. John Redman
John Sandburn
Theo Atkinson
Eaphr Dennit
Capt John Gillman
Mr Treasurer Penhallow came to the house & gave the
house to understand that his occassions Required him to goe
to Great Brittaine & as the assembly had comitted the ± rov-
34:4 PROVINCE OF NEW-HAMPSHIRE. [1722.
ince Records into his hands as recorder he hope they'd now
chuse a met p'son for y' office and Discharge him and alsoe
that he was Ready to make up his accompts as Treasurer
Eod™ Die
In Councill X-" y« lO*"^ 1722
For as much as Mr Treasurer Penhallow has Represented
to the board y* he is about to Leave the country & therefore
prayed to be Discharged of the records of this Province of
New Hamp''''
Voted — That Mark Hunking Esqr be the record'' of this
Province & y' all the*books of records files of papers belong-
ing thereto be fortw'^ delivered into the hands of the said
Mark Hunking Esqr he giving a rec* for y° same & taking
an oath for the faithfull execution off y® office.
R W C Con
Nothing Don on this voate.
[p. 368.] X-- the 10"> 1722.
In the house of Representatives, Resolved, that Mr. Treas-
ur"" Penhallow be notyfied to Lay his accompts before this
house forthwith in order to be adjusted. J J C A.
A message from the Board by Mr. Clerk Wald° for the
house to appcare at the Board for a conference relateing to
the Treasurer accompts
And the house went up accordingly and returned.
And these Questions Disputed in the house whether a co-
mittee of this house shall be Joyned with a comittee of the
upper house for adjusting the Publick accompts & whether
an express be sent his Excell^'.
To the first : altlio it is the undoubted Right of this house
to adjust the Treasurers accompts yet considering the ex-
traordinary occasion. It past y' a comittee of Both houses
be chosen for y' end at this time to settle from what has
been Don already by y" comittee of y*^ last sessions.
Voted — That a comittee of this house be chosen to joyne
with a comittee of y*' upper house for adjusting the Treas-
urer accompts before he goes off, & y' Coll John Plaisted,
Capt. W™. Fellows, Mr. Theo Atkinson, Mr. Eaphraim Den-
nit & Mr. Clerk Jeffries be of y*^ comittee from this house
for y* end & y* an cx])ress be sent his Excellencie to call the
assembly Imediately to sit again for adjusting & Discharging
&^ accounts
Sent up. J J C A.
1722.] JOURNAL OF THE HOUSE. 345
[p. 3G9.] Eod™ Die. The Question being put whether the
Recorder should be now chose, or when the Assembly meet
againe.
Its ordered the matter of the recorder ly under Consider-
ation untill the Assembly meet againe.
Then the L' Gov"" sent for the house.
the house went up accordingly and was prorouged to the
10"" february next. And to meet againe thursday next, X''
13—1722.
December the W 1722.
Province of New Hampshire X'' 13, 1722.
Whereas the Gennerall Assembly of this Province stand
Prorouged to the 10'^ day of fcbuary next, & his Maj"''^ Ser-
vice, and the pressing affairs of this Government Require as-
peciall Sessions at this time.
Ordered that the Clerk give Publick Notice to the mem-
bers of the house of Representatives that they give theire at-
tend-'' in Gen" Assembly this Day at 3 a Clock afternoone for
his Maj"''* Service
Richard Waldron Cler. Con.
According to the above order the house mett.
Psent Mr. Speaker Weare.
Jotham Odiorn
John Plaisted Cap* Samuell Tibbets
John Gillman W John Redman
Cap. John Downing John Sandburn
Tim" Gerrish Eaphr'' Dennit
John Gilman Theo Attkinson
Wm. Fellows
[p. 370.] Thursday X^ y« 13"> 1722.
In the house of Representatives.
Voted — That the Return of the Auditors on M'" Treasurer
Penhallows ace' be accepted and that the accompt be allow-
ed.
James Jeffry Cler. Ass'",
[p. 371.] Thursday X' y<^ 13*'' 1722.
That Since ^M"" Treasurer Penhallow hath made up his ac-
compts with the Province and Is going off, so y' y*" Treas-
urers Place is vacant The Question being put for some
pson to goe up to the Board to know whether there is a new
S46 PROVINCE OF NEW-HAMPSHIRE. [1722.
Treasurer appointed And whether he is Quallifyed by any
Comission And Giving Security by Bonds.
Jothani Odiorn Esq"", and Cap* WilliaAi Fellows went up
with tlie above message.
Eod™ Die. The vote of the Councill of the 10"^ Inst, re-
lateing to a recorder was Read And non-concurred with, &
sent up.
The Messengers Returned and Bro' answer that the L*
Governor & Councill were of the mind that it was Reason-
able that the Treasurer should give Security.
And that Security shall be given.
Eod" Die. -
In the house of Representatives.
Yotcd — That Coll. Mark Hunting be the recorder of Deeds
for this Province, and that all the bookes of Records & fyles
of papers belonging thereto be fortliw^'^ Delivered into his
hands, he giveing a receipt for the same and take an Oath
for the faithfull Discha. of his office.
James Jeffry, Cler. Assem.
Sent n\) for concurrence.
Eod™ Die. In the house of Representatives
Voted That John Plaisted Esq., Cap*. William Fellows &
M* Eaphraim Dennit, be of the Comittee from this house to
Joyne with a Comittee of the upper house to take the Stores
that are left in the Treasury and Deliver them to the New
Treasurer. Sent up &c.
James Jeffry Cler. Assem.
[p. 372.] Thursday X-" y^^ 13, '1722.
Voted— That John Plaisted Esq% Cap* William Fellows,
M"^ Eapliraim Dennit, Jotham Odiorn Esq'" & M"" Theodore
Atkinson l)e a Comittee of this house to Joyne with a Co-
mittee of the upper house to take the records & files thereto
belonging, from M"" Recorder Penhallow & Deliver them Coll.
Mark Hunking takeing his rec* for the same.
James Jeffry, Cler. Ass™.
Sent up for concurrence.
Eod'" Die.
In the liouse of Representatives.
Voted — That the Recorder of Deeds for this Province be
chosen every three years att the Spring Sessions — from the
next Spring Sessions.
Jas. Jeffry, Cler. Ass"".
Sent up for concurrence.
2722.] JOURNAL OF THE HOUSE. 347
A message from the Bocard by M'' Clerk Waldron that the
voate for chuseing a Recorder every three years was concur-
red with, and the voat for the Comittee to take the Stores
from the Treasury. „ , r ^i w n
A message by George Jaifrey Esq^ & M-" Cler. Waklron
that the Speciall Sessions is ended, and the Assembly now
stands prorogu'd to the 10* of febuary, and from thence
to the Munday seven Night after^ ^^^__
Cap' Tim° Gerrishs Debenture to this Day. 36 Dayes.
Cap* Sam" Tibbets Do — to — Do 45 Do
]\P Eaph-- Dennit Do — to — Do 63 Do
Cap* W™ Fellows Do — to — Do 39 ' Do
John Plaisted Esq-^ Do — to — Do 39 Do
Jotham Odiorn Esq. Do — to — Do 77 Do
[p. 373.] Munday y** 18 Feb^
The house met according to Prorogation.
Present Mr. Speaker Weare.
John Plaisted ") Capt John Downing
Mai'- Gilman 1 ^^^,^,^ W'"^ Fellows
Jaines Davis f ^^'^^ John Gillman
Jotham Odiorn J Mr. John Redman
John Sandburn
Eaphr^ Dennit
Theo Atkinson.
The house was sent for up to the Board and the LtGov
made a speech a copy whereof was sent Down.
[See Journal of Assembly, p. 80.]
The house adjourned to Tuesday y^ nineteenth a. m.
[p. 375.] Tuesday Fel/ y*^ 19*^ 1722-3 a. m.
The house met according to adjournment
Present Mr. Speaker Weare
John Plaisted ^ Capt Will Fellows
James Davis | John Downmg
Esqrs John Gillman
Jotham Odiorn
John Gilman
Andrew Wiggans
Mr John Redman
John Sanliurn
Theo Atkinson
Eaph'=' Dennit
Capt Sam" Tibbets
348 PROVINCE OF NEW-HAMPSHIRE. [1722.
Voted that a committee be chosen to answer the L' Gov-
ernor^ Speech, and that Coll John Plaisted Capt William
Fellows & Mr Theo Atkinson Coll Davis Maj. John Gillmau
Capt Andrew Wiggans be of s'^ comittee
Jas Jeffry Cler Ass™
Voted — That Jotham Odiorn Esq Mr. Ea: Dennit be of the
comittee of this house to joyn with a comittee of the upper
house to tell over the money now to be Burnt.
Jas Jeffry Cler Ass""
Eod™ Die They returned and Bro* in and Burnt in the
face of the assembly three hundred twenty one pounds of
the fifteen thousand pound Loan & y® Grand comittee is
Discharged of s'' sum.
Jas Jeffry Cler Assembly.
The comittee for answering the L* Gov'' Speech returned
with theire answer which was read.
Then the house adjourned for two hours p. m.
The house met according to adjournment all present as in
the morning.
The answer to y® L* Govern" speech was read and sent up.
[See Journal of Assembly, p. 82.]
[p. 377.] Tuesday Feb. 19'^ 1722-3
A vote of the upper house came down. That Geo Jaffrey
& Mr Clark Waldron should be of the com" from the Board
to joyn a comittee of the Lower house to draw an address to
his Maj*''^ on his Late happy deliverance &c
Eod"> Die
Li the house of Representatives
Voted —
That Jotham Odiorn Esq. & Capt William Fellows be off
the comittee of this house to joyn with those of the upper
house to form an address to his Maj"^
J JC A.
A petition of James Gate was read. That Jeremy Lare
who was hired by s'^ James Gate to serve in his room to scout
the frontiers under the comand of Capt John Gillman being
omitted in the h^ Capt* Muster Role prays he may be allowed
therefor. Voted that he be allowed centinels pay for thirty
three days service and paid out of ye Fublick Treasury.
Jas Jeffry Cler Ass"
Sent up for concurrance.
Then the house adjourned to Wednesday the 20 a. m.
John Gillraan
Andrew Wiggans
1723.] JOURNAL OF THE HOUSE. 349
Wednesday y* 20'*^ Febuary a. m. 1722-3
The house met according to adjournment.
Psent Mr. Speaker Wearc.
John Plaisted "^ Capt John Downing
James Davis AV'" Fellows
Jotham Odiorn )> Esqrs John Gillman
Sam" Tibbets
Mr. John Redman
John Sandburn
Eaph''^ Dennet
Theo Atkinson
[See Journal of Assembly, p. 84-85.]
[p. 378.] Then the house adjourned for two hours P. M.
Wednesday Fe^ 20 1722-3 p. m.
The house met according to adjournment all psent as in
the morning.
Eod"' Die.
In the house of Representatives.
Ordered that Mr. Treasurer Jaffrcy demand and receive
from the Late Treasurer Mr. Penhallow the Ballance of his
accompts made up and due to the Province & y' y® Psent
Treasurers receipts shall be a full Discharge to the former
Treasurer for the same sum.
Jas Jeffry Cler Ass™
Sent up for concurrence.
Eod"" Die.
The address to his Maj"*' was sent down and read &
amended (by your unaturall subjects) instead of fellow sub-
jects sent up by two messengers for this and som other
amendments.
A message from the Board by Mr. Clerk Waldron y' y^
voats Relating to Gate — for ye Treasurers and for putting
300 lbs into the Treasury were all concurred w**^ the address
Bro' with the amendm^' read <fe concurred <fe sent and the
house was proroug'd to the 20''' May 1723.
[See address in Journal of Assembly, p. 85.]
[p. 379.] Munday May the 20"' 1723 the house met accord-
to Proroo:ation.
350 rROVINCE OF NEW-HAMPSHIRE. [1723.
Present Mr Speaker Weare.
Jotliam Otliorn
Maj John Gillman
Capt John Gilhnan
AV" Fellows
Andrew Wiggans > Esqrs John Downing
James Davis Mr. John Redman
John Plaisted J John Sandburn
Eaphraim Dennit
The Liv* Gov'' sent down to know if there were a house a
message by the clerk of the councill for the house to app'^
at the Board
The house went up accordingly and had a speech from the
Liv' Govornour then the house returned and the speech was
sent Down in writing.
Then the house adjourned for two hours p. m.
JMunday May y'' 20"' p. m. the house met according to ad-
journment.
The Liv^ Govornours speech was Read in the house and a
committee chose to answer it viz.
Jotham Odiorn Andrew Wiggans and Maj Gillman Esqrs.
Then the house adjourned to Tuesday a. m. nine o'clock.
Lt Gov" Speech.
[See Journal of Assembly, p. 87.]
[p. 381.] Tuesday May the 21, 1723 a. m. the house met
according to adjournment.
Present Mr Speaker Weare.
Jotham Odiorn
John Gillman
Andrew Wio-o-ans
Theo. Atkinson
^ Cap* John Gillman
„ ^^„.-. , *^^^® W" Fellows
James Davis f John Downing
John Plaisted John Redman
Sam" Estman J John Sandburn
Ea Dennit
Sam" Tibbets
The Comittee returned with an ansAver to the Livt Gov"
speech.
[See Journal of Assembly, p. 90.]*
[p. 382.] The house adjourned for two hours p. m.
Tuesday May y° 21 p. m. the house met according to ad-
journment all as in the morning.
Voted in Councill May 21, 1723.
That Mark Hunking & Richard Wibird Esqrs be of y'' com-
* This speoch as entered in the Journal of Assembly is a revised copy of that in the
Journal of the nouse. Comp. (iov. MS. Messa., Vol. I, p. 73. Ed.
1723.] JOURNAL OF THE HOUSE. 351
ittee from the board to joyii with so many of y*" house of
Representatives to examine the claimes & Demands & audit
the accompts of all psons to be laid before the gen" assem-
bly at this session and that they make tlieire report as soone
as conveniency will pmit.
Rich" Waldron Cler Con
Eod™ Die. In the house of Representatives
Voted — the house adjourned to Wednesday y'' 22'^ a. m.
"Wednesday May the twenty second a. m. the house met
according to adjournments
l"sent Mr Speaker Weare.
John Plaisted
James Davis
John Gillman
Jotham Odiorn
Andrew Wioo'ans
Capt John Downing
W" Fellows
John C4illman
"to"
Samuell Eastman
^^^i^"'^ Sam" Tibbets
J
cs
Mr John Redman
Jolni Sandburn
Eaph'^ Dennit
Theo Atkinson
Eod™ Die. In the house of Representatives.
Voted — That all accompts relating to this Province be
laid before this house for a[)probation & allowance.
Jas Jeffrey Cler Ass™
[p. 388.] Wednesday May ye 22-^ 1723.
In the house of Representatives.
Voted
Mr Ephraim Dennit The" Atkinson & Jotham Odiorn &
Andrew Wiggans Esqrs be of the comittee of this house to
joyne with a comittee of the upper house to examine the
claims & Demands & audit the accompts of all psons to be
Laid before the Generall assembly at this session for allow-
ance and that they make theire report as soone as conveniency
will permit. Jas. Jaffry Cler Ass™
Then the house adjourned for two hours p. m.
Wednesday May 22'^ 1723 p. m. the house met according
to adjournment all pesent as in the morning.
A message from the board by Mr Clark Waldron y* the
voat of this house for the comittee for auditcing the ac-
compts was concurred with and y' Mark Hunking Rich'' Wi-
brid & John Frost Esqrs are chosen by the Board for that end.
A vote lor an act the assembly should set but three years
was sent up and the answer to the Liv* Govornours speech.
Then the house adjourned to Thursday nine oclock a. m.
oDi:
PROVINCE OF NEW-HAMPSHIRE.
[17-23.
Thursday May y« 23 1723 a. m.
The house met according to adjournment
Psent Mr. Speaker Weare.
James Davis
John GiUman
Andrew Wiggans
Sam" Eastman
John Plaisted
Jotham Odiorn
> Esqrs
Capt John Downing
John Gilhnan
Sam" Tibbets
Mr. John Redman
John Sandburn
Capt W'° Fellows
Eaph-^"* Dennit
Theo Atkinson
[p. 384.] Thursday May y^ 23'* 1723.
In the house of Representatives.
Voted — that the millitary comission officers in each Town
in this Province or the maj'' part of them shall have power
to make orders for the preventing & restraining the fireing
of gunns Disorderly or unnecessary During the Psent In-
dian Warr to punish either by corporall punishment or by
fine not exceeding ten shillings for each offence
James Jeffry Cler Ass™
Sent up for concurrence.
Eod"' Die.
In the house of Representatives.
Voted — That the whole house (excepting the comittee of
audit) be a comittee to joyne a comittee of the upper house
to view the fort William & Mary at New Castle this after-
noone and make a report thereof to the generall Assembly.
And from the Board was chosen Geo Jaffrey Sha Walton
& Thomas Packer Esqrs
A Petition of Joseph Chesly was Bro* Down from y* board
Then the house adjourned to fryday the 23"* 1723 a. m.
Fryday May y'^ 21"^ 1723 a. m.
The house met according to adjournment
Pesent, Mr. Speaker Weare.
John Plaisted
James Davis
Jotham Odiorn
John Gillman
Andrew Wiggans
Samwell Eastman
Esqrs
Cap* John Downing
John Gillman
Sam" Tibbets
W"^ Fellows
M"" John Redman
John Sandburn
Theo. Atkinson
Eaphraim Dennit.
1723.] JOURNAL OF THE HOUSE. 353
[p. 385.] Fryday May y« 24"^ 1723 a. m.
The petition of Joseph Chesly was read againe & voted —
that the petition be Dismissed
Jas Jaffry Clcr. Ass""
Eod'" Die
The comittee of this house that went yesterday to view
the fort W™ & Mary returned and made y* report viz
That wee find the platform on y** north side of y" fort next
the Harbour is out of Repaire and think that its needfull to
1)0 repaired this year.
And whereas there is Planck and Timber <tc provided for
that end that the same be Improved for y** same & that
workmen be improved to Do it. The comittee of both
houses made theire return under theire hands <fcc.
Then a mess* from the board P"" Geo Jaffrey Sha Walton
& Tho^ Packer Esqrs relating to Jos Chesleys Petition.
Then the house adjourned for two hours p. m.
fryday May the 24"' 1723 p. m.
The house met according to adjournment all present as in
the morning,
A Petition of John Knight John Downing Jr for them-
selves & John Fabens a comittee for the District of Newing-
ton
A Petition was read and voted that the Town of Ports-
mouth & Psli of Greenland be served with a copy of the
Petition by y* petitioners & notyfyed to answer at the next
setting of y*^ assembly & show cause (if any they have) why
the prayer of the Petition may not be granted.
Jas. Jeffry Cler. Ass'"
Sent up for concurrence.
[p. 386.] Fryday May 24*'' 1723 p. m.
A vote came Down from the Board for each Town within
this Province where they shall think it proper and necessary
for the Select men in each to have a bell man was read.
Then the house adjourned to Sathurday the 25"' May a. m.
Sathurday May y'' 25*".
The house met according to adjournment all Psent as yes-
terday.
& The return of the comittee y* went to view the fort Wil-
liam & Mary at New Castle was Bro* in.
354 PROVINCE OF NEW-HAMPSHIRE. [1723.
Province of New Hampshire.
Wee of the comittee of both houses agree y' y^ Treasury be sup-
plyed with one hundred & fifty pounds for the repaire of the fort AV™
& Mary to be applyed first to the Platform and the reraaind"" to the
stone work.
Peter "Weare at the Geo Jaffrey in behalfe
Request of the house. of y'^ comittee of the
£od'" Die. councill.
In the house of Representatives
Voted — that the above return be accepted and that a co-
mittee of both houses be chosen to agree with any Pson or
Psons to Pform the work at the cheapest rate tlicy can &
that notyfications be set up in each Town to give notice for
any Pson or Psons to meet s'' comittee at the fort at a day by
them therein appointed to agree with them for the same
James Jaffry Cler Ass™
Sent up for concurrence.
Joseph Chesleys Petition was read in the house again on
a rehearing & voted that the Petitioner be allowed fifteen
pounds & paid him out of the Publick Treasury.
Jas. Jaffry CI. As.
Sent up for concurrence.
[p. 387.] May y« 25"^ 1723 a. m.
In the house of Representatives.
Voted— That the vote of Councill of y« 24* relating to
the act for the better encouragement of carrying on the In-
dian Warr be concurred with witli this amendment (viz) In-
stead of (within the Provincce) It be made by any pson or
psons of this Prov.
Jas JefTry Cler. Ass™
Sent up for concurrence.
Eod™ Die-
In the house of Representatives.
Voted — That Jotham Odiorne John Gillman & John Plais-
ted Esqrs be of the comittee of this house to joyne with a
comittee of the upper house to agree with pson or psons to
do the work at the fort according to vote formerly passed
and that his hon'" the Liv^ Gov'' be desired to Inspect the well
Doing thereof.
Jas Jeffry Cler. Ass™
Sent up for concurrence.
1723.] JOURNAL OF THE HOUSE. 355
A message from the Board That Shadrach \Yalton Thom-
as Packer & John Frost Esqrs be a Comittee of y® upper
house to [joyn] with the above Comittee in that affaire.
Then the house adjourned to Wednesday y*" 29"' of Alay
A. Bi. at 9 a clock.
Wednesday May y® 29"' 1723 a. m. the house met accord-
ing to adjournment.
Psent Mr Speaker Weare.
John Plaisted
James Davis
Jotham Odiorn
Cap' John Fellows
M'" John Sandburn
Eai»h'' Dennit
John Gilman [ * ^ '^ Cap' John Downing
Samuell Eastman
Andrew AVi2:o;ans
M'" John Redman
M'' Theodore Atkinson.
The house adjourned for two hours p. m.
[p. 388.] Wednesday May 29 1723 p. m.
The house met according to adjournment, all psent as in
the morning.
The return of the Comittee of Audit was Read,
a Bill for an act for prosecuting the Indian Enemy was Bro'
Down & read.
and an Amendment to y° Act about high wages was bro'
Down by Mr Clark Waldron.
both ordered to ly on the Table for further consideration,
a voat of a Mendm' of y*^ warr act sent up.
Then the house adjourned to thursday the 30"' May a. m.
Thursday May the 30'^ a. m.
the house met all psent as yesterday, and Cap' Samuel
Tibbetts.
Eod"' Die Voted.
That AP Clark Waldron be allowed <t paid out of y^
Treasury the sume of Seventy pounds in full of his ace' for
his Service Don this yeare.
Jas. Jeffry CF Ass'"
Sent up for Concurrence.
Eod"' Die. In the house of Representatives
Voted — That if it appears that Coll. Davis accomp' for y'^
35G PROVINCE OF NEW-HAMPSHIRE. [1723.
runing the Province lines be not allrcady allowed that it
shall be allowed.
Jas. Jeffrj CV Assembly.
Then the house adjourned for two hours p. M.
Thursday May 30 1723 p. m.
the house met according to adjournm* all psent as in the
morning.
Eod"' Die. In the house of Representatives.
Voted That y*' Bill relateing to y® encouragement for a
bounty for killing or Takeing the Indian Enemy be concur-
red wtli y® amendment as sent down and another amendm*
viz y' y** Bounty & plunder shall be all equally Divided
amongst the Captors w"'out any Respect to officers or any
other pson
James Jeffry Cler. Ass™
[p. 389.]
a message from the Board by M"" Clerk AValdron 'y' y*
above voat was concured with and another Message y' y*
return of y® audit was accepted & allowed.
The voat of the Councill of y*^ 24"' relateing to a bell man
was read & nonconcurred with & sent up.
The act about the high wayes was read & noncurred w*
& sent up.
Then the house adjourned to fryday May 31 a. m.
Fryday May y® 31, 1723 a. m. the house met accord' to
adjournm*
Psent M'' Speaker AYeare
John Plaisted
James Davis
Jotham Odiorn
John Gillman
Andrew Wiggans
Sam'^ Estman
>
Cap' John Downing
John Gillman
Mr John Redman
John Sandburn
Eap'' Dennit
Cap* Sam'i Tibbets
In tlie house of representatives
A'oted That the house of M"" Theodore Atkinson at New
Castle Where John Willson now livith be a licensd house y*
pson therein Giving Security for good orders as usuall 6c pay-
ing excise.
Jas. Jeffry CP Ass™
Sent up for Concurrence
1723.] JOURNAL OF THE HOUSE. 357
Eod'" Die. In the house of Representatives
the Raising of a thousand pounds Tax this Sessions being-
put to a voate It past in the negative.
Jas. Jeffry Cle'' Ass™
Sent up for Concurrence
Eod™ Die. In the house of Representatives
Voted — That a new proportion on y® severall Towns with-
in this Province he made before any money be raised there-
upon & y' y" Proportion be made before y'^ first Jan'' next.
James Jeffry Cle'' Ass"'
Sent up for Concu"^
[p. 390.] May the 30"^ 1723.
accompts allowed in the Assembly.
lb
John Robinsons whole accompt amounting to 07 3
Susannah Smalls acc'^ 5 1 9
Benj. Akarmans 13 l.'j
Jethro Pearsons acct G (3
Robert Coatses acct 25 2 9
James Nocks Muster Role 47 12
Joseph Beards :Muster Role from Ma'' to Ap'' S«i ll 8
Capt Jolm Gillmans muster Role 59 15 1
Richard Perry for y^ fort Iron work 15 16 5
Edw'i Tooffood & Grifiths work at the fort 19 5
Clark -4'" Trundy oib 5^ Wilkison £5 3 G 14 8 6
Tho Packers acct fireing & 2 visits to y* sick 12
Mr Lads Muster Role allowed 21 10
Benj Gamblins accts 12 14
James Langiy for stones for the fort 4 10
Geo Peirces acct of Iron work 12 8
James Jeffry ace' 3 10
Capt W'" Fellows ace' 4 9 1
Richard Waldrons ace' 70
Axwell Roberts ace'
Coll Davises acct according to the vote
Tho Packers ace' for medicens £5 G referred to the next
sessions
Liv' Beards muster Role 1722 not allowed
Geo Vaughan Esq acct Dismist having rendered no acct
when he was Liv' Govorneur — — -
John'' Cheslyes muster Role not allowed
Tliis ace' must have C""
By p'' Robinson by IMr Penhallow £20 —
!>' p<i Ben Akarman by D" 3 15
£459 15 1
Clem Hughes D"" for excise from 7'' 1721 to 7'" 23 15
1722 £18 16 6
£436 —
358 PROVINCE OF NEW-HAMPSHIRE. [1723.
In the house of Representatives
Voted — That this return of the comittee of audit be ac-
cepted as carryed off ag* the Psons names & that Mr clerk
Waldron be allowed the sume of seventy pounds in full of
his accompt, and that James Jeffry have thirty shillings al-
lowed him more than is carryed off and that coll Packers
acct of the Box of Medicens & Instrum*'' ly under considera-
tion till next sessions and that the box be ordered to be re-
turned and what is wanting to be made good and that Coll
Davises ly according to the voat upon it.
James Jeffry cler Ass™
The act relating to the encoragement ag*^ the Indians was
bro* Down with the amendni* and read.
[p. 391.] Fryday May the 31'* 1723 a. m.
A message from the Board by Geo Jafifry Sha Walton &
R. Wibird Esqrs on the voat for not Raiseing a thousand
pounds to be reconsidered It being put to voat whether a
thousand pounds shall be raised and Bro* in by the middle
of Jan^' next. It past in the affirmative
Eod'" Die.
In the house of Representatives.
Voted — That there he a Tax of a Thousand pounds Laid
on the Inhabitants of this Province and that it be Bro* into
y*^ Treasury by y'' midlc of Jan^ next in money and that it
shall be applyed for Discharging the support of the Governm'
as the Generall Assembly shall order.
James Jeffry Cler Ass™
Sent u]) for concurrence.
Eod'" Die.
In the house of Representatives
Voted — That John Gillman Andrew Wiggans Samuell
Estman Esqrs Mr Theo Atkinson John Sandburn Samuell
Tibbets Capt John Downing & Mr Eaphram Dcnnit be of the
comittee of this house to joyn with a comittee of the upper
house to Draw a scheme for the Proportions ot the several!
Towns in this Province for the Province Taxes.
James Jeffry cler. Ass'"
Then the house adjourned for two hours p. m.
[p. 392.] Fryday INIay the 31 1723 p. m.
Tlic house met according to adjournment,
all Psent as in the morning.
2723.] JOURNAL OF THE HOUSE. Oo9
An acct Bro* in by Axwell Roberts of X3 : 17 : 4 for sul)-
sisting five Indians Hostages.
In the honse of Representatives
Voted— That Axwell Roberts be allowed £2 : 16, ni fnll
of his ace' above Provided Oatli be made that nothnig was
rec-^ from the Massachusetts or the Indians towards the pay-
ment of said accompt. -r rn r.i k m
James Jeffry Cler Ass"^
In Conncill May 31, 1723.
Toted That the gen^ before mentioned be the comittee
in behalf of the Board as well as for the house and y* they
prepare and'lay the said scheme before the gen" assembly at
the next sessions. ^ „t ■■ -, r^^ n
R Waldron Cler. Con
Eod™ Die.
In the house of Representatives.
Voted— That Coll Vaughans acct be laid before the co-
mittee of audit for accompts and they to make return to this
house ct y' they goe upon it forthwith. ^ ^ ^. , ^^^
James Jeffry Cicr Ass
Eod'" Die. In the house of Representatives.
Voted That Jotham Odiorn Andrew Wiggans Lsqrs
Mr Theo Atkinson & Mr Ephraim Dennit be of the comittee
of this house to jovne with a comittee of the upper house to
Draw the act for "Raising a thousand pounds on the Inhab-
itants of this Province this year according to the vote ot this
j)^^^. James Jeffry Clerk Ass™
Sent up for concurrence.
A message from the Board y* above voat concurred w ct
that Sha Walton Thomas Packer & Mark Hunkmg be a co-
mitte from the Board to joyne w^Hhe above comittee for that
End.
Eod"^ Die. ,^ . „.,
a return of the Comittee of audit relattmg to Maj-" (aihnans
ace* of Provisions was Bro* in.
[-p^ 393.-] Province of New Hampshire.
Hr Maj John Gillman po^^a
Bread to 8 C : 2, to be J)'' By 105 Pork i2 : 10
the Treasu- Order to 170^'^ pork By 16 Gallons rum io : b
refused to be J)^ D\
allowed in the house to be p'' out of r Treasury.
The house adjourned to Sathurday June y' first.
j£5 : 16
360 PROVINCE OF NEW-HAMPSHIRE. [1723.
Satliiu'day June the first 1723 a. m.
The house met accordhig to adjournment.
Psent Mr Speaker Weare.
John Plaisted ^ Cap* John Downing
John Gillman | W"^ Fellows
James Davis I y . . Samuell Tibbets
^ ' ^ John Gillman
M"". John Redman
Jotham Odiorn
Samuell Estman
Andrew Wigtians
■"oo"-
John Sandburn
Theo Atkinson
Eaphr^ Dennjt
Maj Gilman took out his Debenture to the 2'^ June 64
Dayes.
Cap* John Gilman to y'' same day 64 Dayes.
These Bonds of y^ 1500"' now Bro' into the Ass"" viz Liv' Govo""
Wentworths Dated 8>- 27, 1710 £200
Coll. Vaughaus interest to be p'^ from 1-5 June last past, Dated
Jan"- 25, 1716, £200
Coll. Waltons Dated October 27, 1710, £ 30
Benj. Gamblings Do 27 Do. £100
Ricii'i Wibirds Jan-" 25, 1716-17 £ 50
Cap' Pvichd Gerrishes 8' 21, 1716 £200
Sam" Penhallows Do Do £200
Geo. Jaffreys Do Do • £200
Richi Waldron Esq^ Do. Do. £200
Theo. Attkiuson Esq Do. Do. £200
M-- Henry Sherburn in y<^ PLiins May 14"^, 1722 £110
James Jaffryes May y« IG, 1722 £ 40
John & Joseph Meads May 1720 att 13"' 5 pr yearc.
1730
[p. 394.] Sathurday June y'" 1^' 1723 a. m.
In the house of Representatives
voted That the Demand of Coll. Yaughs Interest be
suspended till further order
James Jaffry Cler Ass"^
A Petition of John Underwood for his house in New Cas-
tle to be a licensed house was read and Granted & sent up
for Concurrence
Jas. Jaffry Cler Ass'"
Eod"' Die. In the house of Representatives.
Voted That his hon'' the Liv' Govornour be presented with
a hundred pounds.
1723.] JOURNAL OF THE HOUSE. 361
a Petition of the Select men of Dover for a Comittee to
view a convenient place on Lampre River for a Bridge over
said River was Read.
and the vote of tlie upper house concurred with tliis Pro-
viso, that the Petitioners pay the charge of the Comittee.
Eod™ Die. In the house of Representatives
Voted That the Post master be allowed and paid out of
the Treasury three pounds for expediting the Public Letters,
free.
Eod'" Die.
Voted That Doctor John Crosl)y be allowed and paid out
of the Treasury thirty two shillings & IV^ for medicines at
the Last Scout with (^ap' John Gillman.
Eod'" Die. In the house of Representatives.
Voted That there be signed out off of the two thousand
pounds now Ready Imprest nine hundred pounds and put
into tlic Publick Treasury for the payment of the sundry
Debts now allowed & Due from the Province & other con-
tingencies that my happen Betwixt this and the fall Sessions,
and that his hon'' the Liv' Governou'' be Desired to Issue out
warrants for the payments of the respective Sums now allowed
to be Done.
James Jaffrey, Cler. Ass"\
[p. 395.] In the house of Representatives
Voted That his hon"^ the Liv. Gov"" haveing the whole
burthen of the Government as Comander In Cheife Devolved
upon him be presented with the sum of one hundred pounds
for his Extcrordinary Service Don the Government and to
be paid out of the Publick Treasury.
James Jeffry CV Ass"
Sent up for Concurrence
Eod™ Die.
An act passed for the Raiscing a thousand pounds on the
Inhabitants of this Province this yeare read three times and
sent up.
Eod'" Die.
The thirteene Bonds was Delivered John Plaisted Escf by
order of the house (all entered in this book June y*" 1^^ 1723)
for Safe Keeping.
Eod"^ Die.
In the house of Representatives
Voted that any psons whatsoever that hath any of the
seventeen hundred and thirty pounds at Interest from
362
TROVINCE OF NEW-HAMPSHIRE.
[1723.
the Province shall at any time on producing a rec* from the
Treasurer for the payment of the Interest thereof shall have
It Endorst on the. back of the said Bond by y'' Keeper of
the Bonds.
James Jeffry CI"" Ass"
Eod"' Die.
In the house of Representatives
Voted That Each man that leads these three small scouts
of ten men in a scout shall have allowed and paid them
James Jeffry CP Ass"
Sent np for Concurrence.
A Message by M'' CI'' Waldron for the house to appeare at
y® board.
The house went up accordingly and were prorougcd to
tuesday the Tenth of 7-^ 1723.
Cap* Wiggans took out his Debenture to this Day.
[p. 396.] Tuesday September the 10"^ 1723.
The house met according to prorogation.
Fsent.
James Davis
Jotham Odiorn
Andre tv Wiggans
John Gillman
Esqrs
Cap* Wm Fellows
Sam Tibbets
John Gillman
M'' Eaphr=^ Dennit
John Redman
John Sandburn
The Assembly was Prorougcd to the 22'' of 8'' 1723.
October the 22"^ 1723.
The house met according to prorogation,
Psent M'' Speaker Weare
John Plaisted
James Davis
Jotham Odiorn
John Gillman
Esqrs
Capt John Downing
Sam" Tibbets
W" Fellows
John Gillman
JNP John Redman
John Sandburn
Eaph'' Dennit
Theo Attkinson.
and were prorougcd to the 19"' of November 1723.
Lt. Coll. James Davis took out his Debenture to this Dav,
28 Dayes in all.
1723.] JOURNAL OF THE HOUSE. 363
Tuesday November the 19*'' 1723.
The house met according to prorogation.
Psent
John Plaisted ^
Andrew Wiggans
James Davis
Jotham Odiorn
Sam'' Estman
Cap^ W'" Fellows
J> Esqrs Sam" Tibbets
John Gillman
Eaphr^ Dennit
Sam" Eastman
p. M. Andrew Wigo'an
The Liv' Gov"" adjourned the assemljly to Wednesday y®
20*"^ Nine a Clock a. m.
[p. 397.] Wednesday November 20*'' a. m.
the members of the house met according to the adjourn'
Psent.
John Plaisted '^ Cap* W" Fellows
James Davis j Sam" Tibbets
Jotham Odiorn )> Esqrs John Gillman
John Downing
Mr Eaph'^ Dennit.
a message from the Board to know if there were a house
and if there was and the Speaker not psent Then to pro-
ceed to Chuse a Speaker protempore.
The Members proceeded by written voat to Chuse a Speaker
protemporee and unanimously to one voat chose Coll. John
Plaisted Esq'' theire Speaker protempore, who took his place
accordingly.
a message from the Board by W Clark Waldron from
the Liv* Gov"^ for the house to give theire attendance at the
Board.
the house went up accordingly and then returned and
Bro* the Liv* Gov'* Speech with them which was read in the
house, and a Copy thereof Left on fyle.
(See Journal of Assembly p. 107.)
Then the house adjourned for two hours p. m.
Wednesday 9'" y^ 20*'' p. m. the house met according to
adjournment all psent as in the morning.
Eod'" Die. A Petition of Nathan Longfellow for reliefe
for a loss in the yeare 1719 when he was constable was read.
Then the house adjourned to Thursday y*" 21 a. m.
364 PROVINCE OF NEW-HAMPSHIRE.
[1723.
Thursday 9'' y* 21 1723 a. m. the house met accordmg to
adjournment
Psent Mr. Speaker Weare.
Capt. W™ Fellows
John Plaisted
James Davis
Jotham Odiorn
John Downing
John Gillman
John Gillman <' ^^^^'^ Sam" Tibbets
Samuell Estman
Andrew Wiffa'ans
Eaphraim Dennit
[p. 398.] In the house of Representatives
Voted
That James Davis, Andrew Wiggans Esq, and Capt Wni.
Fellows be of the comittee from this house to Joyn with a
comittee of the upper house to audit the accompts of the
muster Roles and other accompts Bro* in this sessions.
James Jeffry cler Ass™
Sent up for concurrence.
A message from the board pr y® cler. that the above vote
was concurrd and that John Frost Rich'd Wibird & Arche
Mcphedris Esqrs are appointed from the board to joyne with
the above for that end.
A vote from the board for a Revivall of the act of Excise
was Bro* down and Read.
Then the house adjourned for two hours p. m.
Thursday November the 21 p. m. the house met accord-
ing to adjournment all psent as in the morning.
A letter from Mr Agent Newman, directed to Mr Speaker
was sent down from the Liv' Gov"" which came under covert
to him was read in the house and lies on fyle.'
Eod™ Die. A Petition of the Thomas Levit & others was
Read in the house, and a heareing of the Gen" Assembly
was appointed Psently and the house went up & upon motion
of the Kingstown the heareing was put off for want of
papers to fryday tlirec oelock.
Then the house return'd and adjourned to fryday y'' 22*^
A. M.
i This letter not found.— Ed.
^^^^'^ Sam" Ti'bbcts''
Mr Eaplir'^ Dennit
Tlieo Atkinson
1723.] JOURNAL OP THE HOUSE. 365
[p. 399.] Fryday November 22^ 1723 a. m.
The house met according to adjournment
Psent Mr Speaker Weare.
John riaisted ^ Cap' John Gilhnan
James Davis W'" FelloAvs
Jotham Odiorn I -r, John Downino;
John Gilhnan
Samuell Eastman
Andrew Wiggans
Mr Longfellows Petition was Read againe and s'' Long-
fellow was heard his allegations
The comittee for auditting the accompts went out on that
affaire.
Then the house adjourned for two hours p. m.
Fryday Noven/ y** 22, 1723 p. m.
The house met according to adjournment all psent as in
the morning, Except Jotham Odiorn.
A Vote for a three years assembly past the house a Mes-
sage from the board for the house to come up at the hearing
Hamptons mens Petition for Lands in Kingstown.
The house went up and after heareing returned and ad-
journed to Sathurday the 23 Inst a. m.
Sathurday jSTovembcr 23 a. m.
The house met accor'd to adjournment.
Psent Mr Speaker Weare.
John Plaisted
James Davis
Jotham Odiorn
Capt William Fellows
John Gillman
Sam" Tibbets
John Gillman ' "' ^ John Downing
Mr Eaph'' Dennit
Theo Atkinson
Sam" Estman
Andrew Wiggans ^
[p. 400.] Mr Longfellows Petition was read againe & De-
bated on &
Voted —
That the said Longfellow he allowed & paid out of the
Treasury the sume of seven pounds in full of all his Demands
relateing to his charges & expences as Constable & being
under Bonds &c. as in the Petition.
James Jeffry Cler. Ass'".
Then the house adjourned to Munday 9'' y" 2.3"' 1723.
866 PROVINCE OF NEW-HAMPSHIRE. . [1723.
Miiuday 9' y^ 25* 1723 p. m.
The house met according to adjournment
Psent Mr Speaker Weare.
John Plaisted
James Davis
Capt W" Fellows
John Downing
Jotham Odiorn )> Esqrs John Gillman
John Gillman
Sam" Estman
Sam" Tibbets
Mr Eaphr* Dennit
Theo Atkinson.
Mr Hiltons Petition was Read & ordered to \y for consid-
eration.
And the voat for a new assembly once in three years was
sent up the voat on fyle.
Then the house adjourned to tuesday nine oclock a. m.
Tuesday 9'- y« 2G*i^ 1723 a. m.
The house met according to adjournment
Psent Mr. Speaker Weare.
John Plaisted
James Davis
Jotham Odiorn
John Gillman
Sam" Estman
Andrew Wio-gans
Capt W™ Fellows
John Downing
1 p John Gillman
r ^^^'^ Sam Tibbets
Mr. Eaph"^ Dennit
Theo Atkinson
A vote for Repealing sundry of the old Manuscript Laws
was sent up.
Tote on fyle.
[p. 401.] In the house of Representatives.
Voted, That Jacob Smith be allowed and paid out of the
Treasury twenty five shillings for the Loss of a Sadie.
Imprest into the service
Jas Jefifry CP Ass™
sent up for concurrence.
A message from the Board by Geo Jaffrey & John Frost
Esqrs with a vote of the Assemblys being chosen once every
three [years] and a vote about the ministry of Portsmoutli
&c.
Bod'" Die. In the house of Representatives.
Voted, That no assembly or lower house of represent* of
this Province shall have any longer continuance than three
years from the time of theire being first called & Qualified
and that there shall be ten Dayes at Least between the Date
of the writs for electing them and the time of theire being
1723.] ' JOURNAL OF THE HOUSE. 367
chosen (unless upon extraordinary emergencies) and y' an
act be Drawn up accordingly the Execution thereof being
Deferred and suspended until his Maj"*"* Pleasure be Known
That his Maj"''" Prerogative be not Infringed
Sent up for concurrence. James Jeffry cler asse"\
Whereas in the act of Gen" Assembly of the 25"^ of May
1720 Impowering each parish in Portsmouth to Lay a Tax
for the support of the ministry the name of the Reverend
Mr. Nathaniell Rodgers who is now Deceased is mentioned
without Respect to his successors
In Councill 9^ 26, 1723.
Voted That in addition to s*^ act the succession in y'^ min-
istry in each parrish May be Inserted,
R W C Con.
Eod™ Die. In the house of Representatives
Read & concurred.
James Jeffrey Cler. Asse™
[p. 402.] Tuesday 9'^ y'' 26, 1723 a. m.
In Councill.
Voted, That Samuel Penhallow <fe John Frost Esqrs be
of the comittce for the Drawing up the Bill for the Triennial
Act.
Eod™ Die. In the house of Representatives.
Voted — That Jotliam Odiorne Esq and Mr Thco Atkinson
be of the committee of this house to joyne with the com"
above for the ends above s'^
James Jeffry Cler Ass"
Then the house adjourned for two hours p. m.
Tuesday 9-^ y« 26 1723 p. m.
The house met according to adjournment all psent as in
the morning,
A vote came Down from the Board to prevent the hogs
going at Large in part of Portsmouth.
And a vote of the Councill for Revising the Laws in the
clerk of the Councill office read and no concurred
Eod™ Die. In the house of Representatives
Voted — The house adheres to thcire former vote for re-
pealing the Laws not yet printed.
Then the house adjourned to Wednesday the 27 of 9"^
1723 A. M.
]QS , PROVINCE OF NEW-HAMPSHIRE. * [1723.
Wednesday 9^ y^^ 27 1723 a. m.
The house met according to adjournment.
Psent Mr Speaker Weare
John riaisted
Jotham Odiorn
James Davis
John Gihnan
Samuell Estman
Andrew Wiii'^ans
Cap* W" Fellows
John Downing
1 p Samuell Tibbets
> -t^sqrs ^^^. Eaphr'' Dennit
Theo Atkinson.
In Councill l> 21 1723. Voted, That the act of Excise
lately expired be now Revived and y' a bill be Drawn up ac-
cordingly
R. Waldron Cler. Con.
9' y« 27, 1723.
In the house of Representatives
voted the above vote be concurred with with this addition
y* the Retailers pay 6'^ pr gall Excise
James Jeffry cler. Ass°*
Sent up for concurrence.
[p. 403.]
Upon Rehearing the vote for the Excise voted in addition
to the said vote : That no vessel Tradeing to or in this
Province sliall sell any quantity of Spirits or rum or wine
less than a barrell under the penalty of five pounds halfe to
y® Informer and half to the support of the Government to be
recovered by plaint or Information before any Justice or
court of record
James Jeffry Cler. Ass™
Eod™ Die.
In Councill.
Read and concurred with y*^ within amendment & addi-
tion and Samuell Penhallow & John Ffrost Esqrs appointed
of the committee to Draw the Bill.
R. Waldron Cler. Con.
Eod"^ Die.
In the house of Representatives
Voted this act to continue for two years and noe longer.
James Jeffry Cler. Ass™
And that Jotham Odiorn Esqr and Mr Theo Atkinson be
I
1723.] JOURNAL OF THE HOUSE. 369
of the committee of this house to joyne with the above com-
mittee to Draw up the act accordingly.
Jas, Jaffry Cler Ass™
Eod™ Die.
In Councill
Concurred R ^Vaklron
Eod™ Die.
In the house of Representatives
[p. 405.] AYednesday Novcmhcr y'^ 27*'' 1723 a. m.
The house was sent for up to the Board and were adjourn-
ed to tuesday the tenth of December next.
Lt Coll Weare the Speaker took out his Debenture to this
Day forty seven Dayes. Capt Samuell Tibbets took out his
Debenture to this Day 28 Dayes.
Tuesday December y^ 10 1728 p. m.
The house met according to adjournment.
Psent Mr. Speaker Weare.
John Plaisted ^ Cap* Fellows
James Davis 1 ^ John Gillman
Jotham Odiorn f ^^^^'^ Mr. Theo Atkinson.
John Gillman J
The Lev* Governour adjourned to Wednesday the 11 X''
1 1 2o.
Wednesday December f 11*'^ 1723 a. m.
The house met according to adjournment
Psent Mr. Speaker Weare
John Plaisted ^ Capt William Fellows
James Davis John Gillman
John Gillman > Esqrs John Downing
Jotham Odiorn Mr. Theo Atkinson
Sam" Estman j
p. i\r. In the house ot Representatives
Voted— That Cap* W"> Fellows and Mr The" Atkinson be
the committee of this house to joyne with a comittee of the
upper house to tell over the old broken defaced money of y®
first Impress''" that may be bro* in this assembly by those y*
have exchanged it that it may be burnt according to the act.
James Jeffry Cler. Ass'".
Sent up for concurrence.
21
370 PROVINCE OF NEW-HAMPSHIRE. [1723.
A message Irom the board by Messrs Jaffrey & Walton
that the above vote concurred with and Capt Macphedris and
Capt John Ffrost be from the Board for the end above s''.
[p. 406.]
The house adiourncd for two hours p. m.
Wednesday X-" y'' IV^ 1723 p. M.
The house met according to adjournment all psent as in
the morning and Mr Justice Estnian.
The house adjourned to Thursday December y* 12*'' 1723
A. M.
The house met according to adjournment.
Psent Mr Speaker Weare.
James Davis ^ Cap* W"' Fellows
Jotham Odiorn I -p , John Downing
John Gillman j " John Gillman
Sam" Eastman j Mr Theo Atkinson
Capt Sam Tibbets
A message from the Board tliat the Bill for a Triennial
assembly was concurred with the amendment.
An act for revivall of the Excise was read and past to be
enacted. James Jeffry Cler. Ass™.
Xr ye iitu (^1^ 1723.
The act for a Triennial Assembly was read and concurred
with; with this amendment ; That these words be left out of
the act (viz) That his maj''*'^ Prerogative may not be Infring-
ed.
James Jeffry, Cler. Ass™.
Sent up for concurrence.
Eod'" Die. In the house of Representatives
Voted — That his hon"^, the Lev* Gov"^ be Desired to give out
his warrants to the Tresurer for the payment of the several
Sums allowed in the return of the audit of y^ 27, O' 1723.
James Jeffry, Cler. Ass™.
Sent up for concurrence.
Thursday X"" y« 11*'^ (1) 1723 a. m.
In Councill X-^ y« 11*" 1723.
Whereas great Inconveniency & mischief hath been al-
ready experienced and greater may be feared by altering or
counterfeiting the bills of credit of this and the neighboring
Provinces for prevention Avhercof in the future —
(1) This sliouM be r2th. Ed.
1723.]
JOURNAL OF THE HOUSE. 371
[p. 407.] Voted — That y^ altering or coanterfeiting any
bills as above shall be Deemed & adjudged fellony &c. and
that a bill be prepared accordinoly.
R. Waldron Cler. Con.
The vote was read and voted to ly for consideration.
Then the house adjourned for two hours p. m.
Thursday December y® 12 — 1723 p. m.
The house met according to adjournment all psent as in
the morning.
[See Journal of Assembly, pp. 119, 120.]
[p. 408.] Fryday December y« 13"^ 1723 a. m.
The [house] met accordhig to adjournment.
Psent Mr. Speaker Weare.
John Plaisted ^ Capt W™ Fellows
Jotham Odiorn I -p ^ Sam" Tibbets
Sam" Estman | ^^ John Downing
James Davis J John Gillman
Mr Theo Atkinson
Eaph''^ Dennit
In Comicill December y*" 12 1723.
Voted — That there be an act past Avitldn this Province for
the better Regulating the curing and cutting of fish and that
a Bill be prepared accordingly and that Sam" Penhallow &
John Ffrost Esqrs be of the committee to joyn with such as
shall be chosen in the house of Representatives to prepare
the said Bill.
Rich'^ Waldron Cler. Con.
Xr ye i-th 1723.
In the house of Representatives.
The above vote Read and concurred and voted that Coll
John Plaisted and Mr Theo Atkinson be of the committee of
this house to Joyne with the above for y* end above s''
James Jeffry CP Ass™
Sent up for concurrence.
Eod'" Die. In the house of Representatives.
The act ,of Excise being bro' Down from the board for
amendment voted this amendment viz — (that instead of
halfe a liarrell : It shall be said a barrell or Quar Cask
Jas Jeffry Cler. Ass'"
Sent up for concurrence.
Eod'" Die. In the house of Representatives.
Voted — That Mr Justice Eastman be allowed and paid out
372 rROviNCE of new-hampshire. [1723.
of the Treasmy the sumo of thirty-five shillings for an ex-
traordinary express sent the last sumer from Kingstown to
Hatfield.
James Jaffry Cler Ass"'
Sent up for concurrence.
[p. 400.]
In the house of Representatives
Voted — That James Jeffry he paid out of the Publick
Treasury the sume of Ten pounds for his service as clerk of
the ass"^ for the Last yeare from the 29 9'" 1722 to y** 29 9'
1723 and that his hon'' y'^ Liv' Gov be Desired to issue out
his warrants to the Treasurer accordingly.
Jas. Jeffry Cler Ass'"
A message came Down from the Board by Mr Clark "Wal-
dron that the last two votes was concurred with.
In the house of Representatives
There being Bro' into the assembly (by John Plaisted
Esqr one of the Trustees for exchanging the old Broken De-
faced l)ills of credit of this Province) the sume of four hun-
dred thirty-two pounds & seven shillings : as told over by v^
comittee appointed for that end : which was burnt in the face
of the assembly.
Voted — That the said John Plaisted be Discharged of the
s*' sume of four hundred thirty-two pounds seven shillings
and he is accordingly Discharged.
James Jeffry Cler Ass'"
Then the house adjourned for two hours p. m.
Fryday y^ 13"' December 1723 p. m.
The house met according to adjournment all psent as in
the morning,
Eod'" Die.
In the house of Representatives
Voted — That all acts and Laws made & enacted w*'' in
this Province to y*^ yeare 1719 except such as are printed be
repealed, and that all Laws made and enacted since y*^ yeare
1719, not in print, be revised by a committee of both houses
and laid before the Gen. assembly for theire assent in order
to be printed & j^ all Laws y* shall be hereafter enacted be
Imediatcly printed and not pleadable or in force untill print-
ed. Jas Jeffry CF Ass'"
Sent up for concurrence.
1723.] JOURNAL OF THE HOUSE. ,373
[p. 410.] Fryday December the 13"' 1723 p. m.
A message from the hoard hy Mess" Jaffrey cfe Arclii 'Mo.c-
phedris that the vote about the repealing the acts being to
Gen" the Board can't concurr.
. Eod™ Die. In the house of Representatives
Voted, That no Laws made & enacted before the year 1719,
(except what hath been ])rinted be pleaded in any court
within this Province, untill they be sujiervised by a comittee
of both houses chosen for that end & that Coll John Plaisted
Esq & Theo Atkinson be off the comittee to Joyne with such
as the board sliall chuse for the overlooking the said laws
and y* they lay them before the Gen" Assembly for their ap-
probation in order to have them printed.
James Jeffry Clr Ass^
Sent up for concurrence.
The house adjourned to Sathurday y" 14"' 1723 a. u.
The house met according to adjournment
Psent Mr Speaker AVeare.
John Plaisted ^ Capt W™ Fellows
James Davis It?-. John Downing
Jotham Odiorn v|^ "' ^ John Gillman
Samuell Estman J Sam" Til)bets
Mr Ea. Dennit
Theo Atkinson
Samuell Estman took out his Debenture to this Day twenty
six Dayes in the whole.
Caj)t Sam" Tibl)ets took out his Delienture from y*^ 27th of
8'- y'^ 1722 to y^ 14 X' y*^ 1723 for thirty six Dayes.
Lev' Coll Weare took out his Debenture to this Day for
53 Dayes.
Capt John Downing took out his Debenture from July 2'^'
1722 to the 14 December 1723 seventy two Dayes.
[p. 411.] The act about the succession in the ministry ol
Portsmouth was read and Past to be Ingrost
James Jeffrey Clr Ass™
Eod'" Die.
In the house of Representatives
Toted That his lion'' the Lev* Governor haveing the whole
Burthen of the Government as commander in chief Devolved
& continued upon him, be presented with the Sumo of one
374 PROVINCE OP NEW-HAMPSHIRE. [1723.
hundred pounds for his Extraordinary Service Don. the Gov-
ernment & to be paid out of y® Publick Treasury.
James Jeffry, CP Ass"*
Province of New-Hampshire.
Whereas the Gen' Assembly of y" Province appointed to
view and find out a convenient place for building a bridge
over Lamp"" River that soe it might be made to Stand ag' the
force of floods coming Down y" River & we the subscribers
being the Maj"^ Part of s'' Comittee that met at time and
place appointed did view and find out a place which in our
best Judgm* is at the Picked rock so called a little above y*
first Dam on s'' River w'^ wee according to our understand-
ing think the most proper place to erect the Bridge.
Given under our hands this 12 of July 1723. Sha. Wal-
ton, Edward Ayers, John Plaisted.
I Benja. Thomas being appointed by the hon'''® the Lev*
Governour Councill ct Representatives conven'd in Gen" As-
sembly to be one of the Comittee to view Lampree River and
make report of the most convenient place to build a bridge
over it but not having seasonable notice to go with the rest
of the Gen* of y® Comittee These may Certify I have been
there and vicAved the river & am of opinion w"' the other
Gen* that at a Picked rock upon the L«wer falls near the old
Dam is the most conven* Place for s*^ Bridge.
Given under my hand this 13 X"" 1723. Benja Thomas.
X"" y* 14, 1723. Inthe house of R. voted the above return
be accepted.
J J CI-- Ass™
[p. 412.] X-- 14*" 1723 A. M.
The act for Triennial Assembly read and past to be
enacted.
the act for revivall of Excise read and past to be Enacted,
and that noe Sloop or vessell sell from on board s'' Sloop or
vessell noe less Quantity of wine rum or other Spirits than a
barrell or Quarter Cask.
Eod™ Die.
In the house of Representatives
Voted, That M"" Agent Newman be presented with y^ Sum
of one hundred pounds of our Country Money and that a
Comittee of both houses l)e appointed to Draw up Instruc-
tions to be Sent him, viz. to prefcrr the triennial act, to
Endeavour the procuring the Stores mentioned in his Peti-
1724.] JOURNAL OF THE HOUSE. 375
tioii to the L'' Justices, and y* lie be Desired to Desist med-
dling with the province lines unless to Defend any thing y*
may be preferred as an Incroachment and that jM'' Speaker
Weare, Coll. John Plaisted, Cap. Wm. Fellows & W Theo.
Atkinson be of the Comittee of this house to Joy no with a
Coniitt* of y"" appointment for to Draw up and send such
Instructions.
James Jeffry CF Ass""
Sent up for Concurrence.
Eod™ Die.
A message from the board pr M"^ Clark Waldron y' y*
above vote was concurred with, and that Capt Ffrost Mr.
Penhallow, Capt Wibird tt Mr. JaflVey Esqrs be ye comittee
from ye board for y® end above s''
And that his lion'' Desired the house to appear at the
board — The house went up accordingly — and were prorogued
to tuesday the eleventh Day of May next.
Coll John Plaisted Debenture to this Day. 33 Dayes
Jotham Odiorn Esqr Idem 37
Mr Ephr'^ Dennit Idem 35
Cap* W" Fellows Idem 38
Mr Theo Atkinson Idem 25
The house Prorogued to the 25'^' May by Proclamation
1724.
[p. 413.] Thursday May 25"^ 1724.
The assembly met according to Prorogation.
Psent Mr Speaker Weare.
John Plaisted "^ Mr. John Redman
James Davis 1 John Sandburn
Jotham Odiorn ( Esqrs Capt W'" Fellows
John Gillman J John Downing
Eaph Dennit
Theo Atkinson
John Gillman
A message from the Lev* Gov"^ for the house to appeare at
the Board Avho went up accordingly. The house returned
and expected the Lev* Govornours speech which was Bro'
Down by Mr clerk Waldron in the house p. m. the Lev* Gov-
ernours speech was read.
[See Journal of Assembly, p. 128.]
Eod'" Die.
376 PROVINCE OF NEW-HAMPSHIRE. [1724.
In tlie liouse of Representatives
Voted — That John Plaisted Esq Mr Theo Atkinson and
Capt W™ Fellows be a committee of this house to answer the
Lev' Governours speech.
Jas Jeffrey Cler Ass"^
[See Journal of Assembly, p. 120.]
Eod™ Die.
In the house of Representatives
Voted — The house is adjourned to Tuesday y^ 26 a. m.
Tuesday May 26 1724. The house met according to ad-
journment all psent as yesterday.
[p. 411.] Tuesday May 26"^ 1724 a. m.
Voted — In the house of Representatives
That the late Treasurer Geo Jaffry Esqr be ordered to lay
the Province accompts before the assembly.
Jas Jeffry, Cler. Ass">.
Eod"^ Die.
In the house of Representatives
Voted— That Maj-" John Gillman Air Thco Atkinson <fe
Cap* W^^ Fellows be a comittee of this house to audit the
Province accts for the yearc 1723.
Jas Jeffry Cler Ass'"
A message from the Board by Mr. Clerk Waldron y* y®
above vote was concurred w"^ and that Coll Hunking Capt
Macpheadris & Capt Wibird are appointed from the board to
joyn in that affaire.
The comittee went out accordingly.
The liouse adjourned for two hours.
Tuesday May y*^ 26, 1724 p. m.
The house met according to adjournment all psent as in
the morning & Mr Justice Eastman.
Eod™ Die. In the house of Representatives
That whereas Capt Tim° Gerrish was Lately a Represent-
ative for the Town of Dover and he is now Removed into
another province ordered that Mr Speaker Issue out his war-
rant to the sheriff Directed to the Selectmen of Dover to
make choice of another Representative in the room of s*^
Gerrish to appeare this session.
James Jeffry Clr. Ass""
[p. 415.] p. M. In the house of Representatives
1724.] JOUENAL OF THE HOUSE. 377
Voted— That Mr Tlieo. Atkinson, Capt W"^ Fellows k
Jotham Odiorii Esqrs be of the comittee from this house to
joyne with a comittee of the upper house to accompt & re-
ceive the old Bills of credit of each sort that is to be burnt
this assembly & make tlieire return to the assembly.
James Jeifry Clr ass™
Then the house adjourned to "Wednesday nine oclock a. m.
Wednesday May 27*" 1724 a. m.
The house met according to adjournment all psent as yes-
terday ct Capt Sam Tibbets.
[p. 416.]
The acGorapt of George Jeffry Esqr, TrCcasiirer and receiver Gen-
erall of his Maj"''' Revenue w'^'n y*^ Province of New Hampshire for
y*^ yeare 172o.
The said accomptant chargetli himselfe with £38, 19, the
Ballance Due from Samuell Penhallow Esq Late Treas-
urer on his last acct cur' rec'd p'' order of y<^ Gen'' assembly £36 19
The s'' accomptant chargeth himselfe w"^ sundry jirovisions
ammunition & stores rec'd p' order y*-' Generall Assembly £125 11 2
The s'' accomptant chargeth himselfe with 38, IS, rec'd
from Jotham Odioru Esqr on acct of Impost £38 18
The s*^ accomptant chargeth himselfe with £6, 10 reed of
Joseph 3Iead on acct of his Bond £6 10
Tlie s<i accomptant chargeth himselfe w"' £899, 8, province
Bills of credit pr order of the Gen" assembly £899 8
The s'^ accomptant chargeth himselfe with £72 13 9 Rec'd
of Clement Hughes excise officer £72 13 9
The said accomptant chargeth himself with y'' sume of
£1028 a Tax on y'' severall Towns within the Province £1028
2.510 4 11
The s"^ accomptant Dischargeth himselfe by sundry pay-
ments as pr ace' on file in y*^ clerk con" office £2350 15 4
his 2i p c' for paym' of s-i sum £2350 15 4 £58 15 6
£2394 10 10
The s"! accomptant chargeth himselfe with the sume of 302
5 of y-' 2()()0»' pr order of the assembly £302 5
[p. 417.] The accomptant Debts Bro' forward £2510 4 10
his accompt to Discharge am' to £2394 10 10
outstanding in Constables hands
Pd short by y"-' Town Hampton
Do by Const Exeter
Do by Const Kenistone Greenland
D° By Const Kingstown
D° by Gosper
£3
2
11
£34
1
3
£ 4
9
3
£
14
11
£19
5
—
£61
13
5
378 PROVINCE OP NEW-HAMPSHIRE. [1724,
"Wee whose names are under written being appointed a comittee to
audit the accts of Province of New Hampshire for y* yeare 1724 — Do
allow as fall"'
No. 1. An acct signed Robert Coats for work and neces-
saryes for y« fort VV'" & Mary am" to £29 10 3 £19 1 5
being ^A by Mr Jatfrey the Treasurer so remains Due &
allowed £10 10 10
No 2. An Acct for worlc as above signed Rich'd Perry
am° to £19 8 p-^ by money from the Treasurer & old Iron
£17 rem« D. allowed £ 2 8
No. 3. Mr Treasurer Jaffry ace' allowed & Due to the
Province £19 4 8 besides outstanding w"'in the Con-
stables hands £61 13 5
Some small stores, Hatchets, powder &c. which Mr Pen-
hallow must be Debted with.
An acct signed John Ffrost in behalfe of Robert Sanders of
the Isle of Sholes as express allowed and an order on y*
constables of Gosper out of y*^ Province Rate £2
Benj. Ackerman for service & expresses £7 10
Allowed Mr Waldron Clerk of y« Councill as clerk of y<=
council! & extraordinary Serv £72 10
[p. 418.] Wednesday May 2T"» 1724 a. m.
The auditors made theire return of the accts of Mr Treas-
urer Geo. Jaffrey Esqr and sundry others as entered, be re-
ceived and allowed and that what is unpaid be paid out of
the Publick Treasury.
Jas Jeffry Clr Ass™
Of the loO'" voted for the fort William & Mary 24'h 1723— To Repaire
the same according to the vote —
The sume of 123 14 6 was Paid as pr Mr Treasurer Jaifrys
acct May 26, 1724 • £123 14 6
Ball^ Due from Mr Geo Jaffry as Treasurer £19 4 8
In the house of Representatives
Voted that Ezekiel Moulton of Hampton be allowed and
paid out of the Publick Treasury the sume of twenty shil-
lings for carrying two Indians & bringing back y® horses
&c. (in y^ yeare 1721) from Newbury.
James Jeffry Clr Ass™
[p. 419.] Wenday May y« 27"' 1724 a. m.
In Councill May 27'" 1724.
Whereas there was an act made & past in y° 13"' yeare of
King William of Blessed memory forbiding any pson to
abuse his maj''" name & authority in pretending him or them-
selves to be a shcrrif under sherrif Dep* or Constable which
1724.] JOURNAL OP THE HOUSE. 379
really were not so upon vcny severe pains S: pcnnalties — and
whereas there is no provision made ag* Psonating a military
officer & abusing his Maj"*'^ name and authority as such by
pretending to Impress psons without warrant so to do Arc.
It is therefore
Yoted — That whereas an addition to y® same act namely
That the Penaltie for pretending to be a Millitary officer or
assuming a Military Power and authority, where there is
none, shall be the same as in the said act is cxprcst for
preventing a civill officer — and further that in the s'' addi-
tional act the unnecessary firing gunns from the first Day
of March to the Last Day of November annually during the
Indian Warr in the Towns of Dover Exeter & Kingston &
Londonderry shall be prohibited on pain that every offender
shall pay forty shillings being convict, <kc.
Kichard Waldron CI. Con"
Eod™ Die.
Read in the house.
The house adjourned for two hours p. m.
Eod™ Die. Read and concurred with this amendment, viz
y* y® Towns of Stratham Greenland & Newington be added
& y® penalty be but ten shillings and if the Delinquent hath
not money to pay y" to be punished at the Discretion of y®
Military officer in y® town w'' y* offence was comitted and y'
no man fire without leave from his comiss" officer.
J J CI"" Ass™
[p. 421.] Wedness Day May 27"^ 1724, p. m.
The house adjourned to thursday May the 28"" 1724, a. m.
Thursday May 28'" 1724, a. m.
The house met according to adjournment,
all Psent as yesterday
Eod'" Die
In the house of Representatives
Yoted — That M' Speaker Weare be of the Grand Comit-
tec for the 15000 in the Roome of Coll. Thomas Packer
Deceased.
James Jaffry CV Ass'"
Sent up for Concurrence.
A Message from y^ Board by j\r Clark "Waldron y' y*' act
ag' firing Gunns &c. y« voat y' Coll. Weare to be on[e] of
380 PROVINCE OF NEW-HAMPSHIRE. [1724.
the Grand Comittec, and the allowance to Ezekiel Moulton
were all Concurrd w"^
The Coniittee for Burning the Bills made thiere return.
The house adjourned to Fryday May 29^^ 1724.
Friday May 29''' 1724 a. m.
the house met according to adjournment
all psent as yesterday.
Eod'" Die
A'oted — That y* accompts of Geo. Jaffrey Esq'' Late Trea-
su'' of the s'' Province as returned by the auditors be accepted
and allowed Jas. Jeffry CP Ass'"
yent up
[p. 422.] 1724. Fryday May 29*'' a. m.
In the house of Representatives
Voted — That there Ije signed of off the two thousand
pounds now Ready Imprest, the sum of Seven hundred
Twenty eight pounds Seven Shillings and put into the Treas-
ury for the payment of the Sundry Debts now allowed &
remaining due from the Province and other Contingent
charges that may happen, and that his hon'' the Lev' Gov'' be
Desired to Issue out warrants for the payments of what is
yet unpaid, and for pay' of the Contingencies.
Jas. Jeffry, CP Ass""
Sent up for Concurrence.
A Message that y^ above is concurred with.
Eod'" Die. In the house &c
Voted — That there be a Tax of five hundred pounds Laid
on the Inhabitants of this Province and that It be Bro* into
the Treasury by the middle of Jan'' next in money, and that
it shall be applyed for Discharging the Support of the Gov-
ernment as the Gen" Assembly shall order and that an act
be Drawn up accordingly and that John Gillman Estf and
M'' Theo. Atkinson be of the Comittee of the house to Joyne
w"' a Comittee of the upper house to Draw up the act ac-
cordingly. Jas. Jaffry, CP Ass"'
A Message y' tis Concurred with.
Then the house adjourned for two hours p. m.
[p. 423.] Fryday May 29'" 1724 p. m.
The hous(3 met according to adjournment.
All psent as in the morning.
1724.] ' JOURNAL OF THE HOUSE. 381
jVP Sheriff Gambling Came into the Assembly and In-
formed the Jaile was not Sufficient and prayed a Comittee
to goe and vie we the same.
Eod"^ Die.
That each town and precinct w"'in this Province shall
Some time before the first thursday in October next, choose
some proper pson to. meet at the Court house in Portsmouth
on 2*^ -Day, Then and there agree upon Rules & measures for
the New Proportioning tlie Province Taxes in Each Town &
precinct within this Province (the best they can) and make
return unto the next Sitting of tlie Generall Asseml)ly after
s*^ Day for approbation, and that each Town pay the Pson
chosen for his Service therein.
Jas. Jeffry CI-- Ass™
May 29^'^ 1724.
^ The house adjourned to Sathurday May the 30'^ a. m.
[p. 424.] Sathurday May the 30*'^ 1724 a. m.
The house met according to adjournment, all psent as
yesterday (Except Capt. Tibbetts).
Province of New Hampshire.
■ Wee the Subscribers hereof being a comittee of both houses to
accompt and receive and tell over the money of Each Sort, that is to
be Burnt this Assembly, Do thus make our Return
Rec'd from Geo Jaffrey Esrf of the ir^OOOi^ Bank Money £437: 4: .5
Do from Do on ace' of Coll. Packer of y^ same £189: 4: 1
Rec'd from Geo. Jaffi-ey Esq Excha of the 5384"* old defaced
Bills
D" from Coll Weare for same exch'^ money
D° from John Plaisted Esq Idem
D° from Richard Wibird Esq Idem
D" from Mark Ilunking Esq Idem
£282: 8: 6
We rec'd of the fifteen thousand pounds bank money the sume of
six hundred twenty six pounds eight shillings & six pence: and of the
five thousand three hundred and eighty foure pounds old defaced Bills
exchanged the sume of two hundred and eighty two pounds eight .shil-
lings and six pence.
In behalf of y*^ comittee.
Arch. iNfacphedris
John Ffrost
Jotham Odioru
W'" Fellows
Theo Atkinson
£62G:
8:
6
£142:
11:
6
£ 21:
3:
£ 11:
3:
6
£ 7():
5:
£ 31:
5:
G
382 PROVINCE OF NEW-HAMPSHIRE. [1724.
[p. 425.] Sathurday May 30"^ 1724 a. m.
[See Journal of Assembly pp. 136, 137]
There was alsoe Burnt in the face of the Gen" Assembly
from Geo Jaffrey Esq. of the Bank of 15000'" money the
sume of foure hundred thirty seven pounds foure shillings &
five pence, and from Coll Packer by s<^ Jaffrey the sume of
one hundred eighty nine pounds foure shillings & one penny
— as pr the return of the auditors.
Jas. Jeffry clr Ass™
[p. 426.]
Eod"^ Die.
In the house of Representatives
Voted,
That the old prison in Portsm*' be sold for the Benefit of
the Province to the best advantage by a comittee appointed
for that end — and tliat John Gillman Esq and mr Theo
Atkinson be of the comittee of this house to joyne with a
comittee of the upper house to Do the same
James Jeffry clr Ass™
Sent up for concurrence.
A messa. from y^ Board pr Geo. Jaffrey Archi Macphe-
dris & ]\Ir Clr Waldron That this house be adjourned to
"Wednesday the tenth June next.
Wednesday June the 10"> 1724 p. m.
The house met according to adjournment
Psent Mr Speaker Weare.
John Plaisted
James Davis
Jotham Odiorn
John Gillman
Andrew Wiggans
Sam" Estman
Cap* W™ Fellows
John Downing
. -p John Gillman
> J^sqrs g^^^^i, Tibbets
Mr John Redman
John Sandburn
Eaph Dennit
Theo. Atkinson
Capt Benja Wentworth sworn and admitted the sherrif
made return that Benja Wentworth was returned chosen a
proper pson to serve in the Assembly for the Town of Dover
in the roome of Capt Tim" Gerrish who is removed out of
this Province.
[p. 427.] The s** Benj* Wentworth appeared and a message
was sent up to the Board to signifie as above.
1724.1 JOURNAL OF THE HOUSE. 383
Geo Jaffry Esq and Mr. dark Waldron came down &
adm**^ the oath to qualifie him accordingly which was Don
and the s'^ Benj^ Wentworth was Received as a member of
the house of Representatives for this province.
Eod^^Die. -r. i -o t
A message from the Board by Geo Jaffrey Esq. who Rro'
Down the ac' ag* tireing gnns unnecessarily & for amend-
ment viz That each pson in the same Towns mentioned shall
be obliged to carry theire gunns to y* meetings w" there is
any, under the Penalty of 10s for every Default.
Jonathan Moulton of Hampton Desired an allowance of
ten Dayes he served under Sev Board and was paid but
for foure dayes and made oath to the truth of the same.
Eod«i Die
y* the said moulton be paid out of the publick Treasury
for ten Dayes service as a centinel.
Jas Jaffry clr ass"^
[p. 428.] Wednesday June 10*'^ 172-t p. m.
The house adjourned to Thursday June ir^ 1724 a. bi.
Thursday June the ll*'' a. m.
The house met according to adjournm* all psent as
yesterdav except James Davis Esq.
The Bill for Raising five hundred pounds a Tax this yeare
sent up
The act for ascertaining the time of the Redemption ot
mortgages was alsoe sent up. The act for y« unnecessary
fireing of gunns &c. and the vote for the allowance of ten
dayes'^pay to Jonathan Moulton under Sev' Board— sent up
— all the above concurred with above.
Further allowances by the auditors
Clem' Hughes Collector of the Excise Due to the ^
Province from him ~^Y '-^^
Upon his request he had allowed him abatement x 4 : 10
Allowed ^^'^= ^
John NewMarsh for ye Boat -26 : 13
Joseph Moulton acct p o . "
Joseph Moses • ' ^ Z ' lo i a
Mr Sma»l t ^ 4„ • ^.
for the fort W"^ & Mary Stores
£ 9 : 17 : 1
884 PROVINCE OF NEW-HAMPSHIRE. [1724.
[p. 420.] Tliursday June ll'" 1724 a. m
Joshua Babb for Glass, - - - - - - £1:17:2
John Clark - - - : - - - -£1:6:
Voted That the s*^ Return be accepted & allowed out of
the Puhlick Treasury.
Jas. Jaffrey clr Ass™
The house adjourned for two hours p. m.
Thursday June 11, 1724 p. m.
The house met according to adjournment all psent as in
the morning except Mr Atkinson.
The house adjourned to fry day 8 oclock a. m.
Fryday June ye 12"\ 1724 a. m. The house met accord-
ing to adjournment all pscnt as yesterday except Mr. Eap.
Dennit.
It was moved about allowance for the sherrifs accompt or
what the assembly please.
Eod"^ Die.
In the house of representatives voted Mr Gambling as
sherrif be allowed and paid out of the Publick Treasury the
sume of thirteen pounds for his service Don as sherrif for ye
yeare 1723, in full thereof.
Jas. Jeffry clr Ass"*
[p. 430.] The house adjourned to Sathurday June y*^ 13*
1724 A. M.
Sathurday June 13"' 1724 a. m.
The house met according to adjournm* all psent as yester-
day & j\[r Eaphraim Dennit.
]\faj'' John Gillman took out his Debent to this day.
D° Cap^ John Gillman to the same time.
D° Sam'^ Eastman to the same time.
Eod'^ Die.
In the house of Representatives
Voted — That his hon"^ the Lev' Govern'' having the whole
Government as commander in chief still continued upon him
be presented with the sume of one hundred pounds for his
extraordinary seiAdce don the Goverment in thej/Time of
Warr : and that it be paid him out of the publick Treasury.
Jas. Jeffry CP Ass-^
1724.] JOURNAL OF THE HOUSE. 385
Mr John Redman & Mr John Sandburn took out tlierc
Debentures to this Day.
Mr Speaker Wcare took out his Debenture to this day.
Eod"i Die.
In the house on the return of the auditors upon Mr Benj^
Wentworths ace* voted that the return be accepted and
allowed the sume of ten pounds five shillings in full of said
accompt & p'' out of the Publick Treasury.
Jas. JeiTry CF Ass°^
[p. 431.] Sathurday June 18^" 1724 a. m.
A message from the Board by ^Mr Clark Waldron that the
house appearc at the Board and they went up accordingly.
The liouse Returned and was Prorogued to the thirteenth
day of October, and alsoe at the same time the house De-
clared that the vote past for Mr Penhallows having twenty
pounds allowed him for his service Don the Province in
England was omitted to be entered therefore to be allowed
the next sitting of the asseml)ly.
Lev* Cornall[Col.] Davis took out hisDcbentureto this day.
[p. 432.] Thursday August the 27*^^ 1724 p. m. the house
met by speciall summons from the Liv' Gov'' and Councill.
Psent Mr Speaker Weare.
Capt W"^ Fellows
John Downing
Benja Went worth
-J-, John Gillman
^^^^ Sam" Tebbets
M'' John Redman
Ea Dennit
Theo Atkinson
Eod"" Die. In the house of Representatives
Voted that there he forty men (officers & saylors includ-
ed) Imprest and sent to joyne those of the Massachusetts
for an expedition now carrying on into the Indian enemies
country, and that his hon'" the Liv* Governor Is hereby De-
sired to issue out his orders for Getting the men & a vessell
for Transporting them.
Sent up for concurrence.
Jas Jeff'ry Clr. Ass'"
A message from the Board P' Coll Walton Ar Macphedrcs
and Mr Clr" Waldron y* the house stands prorouged to the
13"' of S' next.
Jotham Odiorn
Andrew Wiggans
John Gillman
John Plaisted
38G PROVINCE OF NEW-HAMPSHIRE. [lT2i.
[p. 433.] October 13*'^ 1724 p. m.
The house met according to Prorogation.
Psent Mr Speaker Weare.
John Plaisted Capt W" Fellows
John Gillman John Downing
John Gillman
Mr John Redman
Eaphr'^ Dennit
A message from the Board by Geo. Jaffrey & Archibald
Macphedris Esqr that his hon'' the Liv' Govern'" had rec*^ his
Maj"''* orders to Call Jotham Odiorn Esq to the Board and
that he was taken and sworn accordingly.
Eod'" Die.
In the house of Representatives
Whereas Jotham Odiorn Esqr is now remov'd from this
house to be of his Maj*''^* Councill for this Prov. Ordered
that j\Ir Speaker Weare Issue out his warrant to the sherrif
Directed to the selectmen of New Castle to make choice of
another Representative in the Room of the s*^ Jotham Odiorn
Esq"" to appeare at the next sitting of the assembly.
Jas. Jeffry Clr. Ass"^
A message from the Board by Mr Geo. Jaffry Jotham
Odiorn & Mr dark Waldron that the house was prorouged to
Munday y'^ 16^" November next.
[p. 434.] Capt Andrew Wiggans took out his Debenture to
the 19*" November 1724
Capt Tebbets Idem.
Jotham Odiorn Took out his Debenture to the Time of his
Goino; to be admitted to the Councill Board.
Xr ye 12*1^ 1724.
I John Gillman of Exeter Do obleidge my selfe to supply
such scouts as may be sent me by y^ Government at 12*^ P
Day each man for the hundred pounds I am now to receive
and y* I Deliver each souldier 14oz of Bread & 14oz Pork
p"" day.
Wittness my hand to y® agreem*
John Gillman.
Capt W"^ Fellows, Mr Eaphraim Dennit & John Plaisted
Esqrs had theire Debentures to the 12*'^ of X-" 1724.
1724.] JOURNAL OF THE HOUSE. 387
NOTE BY THE EDITOR.
The Journal of the House which follows, from November 16th, 1724,
to November 17th, 1738, is copied from the MS. Journal in the Secre-
tary's office, in abound volume, labeled " Journal of the House 1724 —
1748." The pages in the margin correspond with those in the MS.
Journal.
[p. 1.] jMunday November the 16 : 1724 p. m
The liouse met according to Prorogation.
Psent
John Plaisted
James Davis
Andrew Wia-o-ans
Cap* John Downing
John Gilhnan
Sam" Tibbets
John Gihiian ( ' '^ " Benj^ Wentworth
Sam" Eastman M"" John Redman
J John Sandburn
Eaphraim Dennit
Theo Atkinson
Eod™ Die In the house of Representatives the Speaker
not appearcing The house proceeded to the Choice of a
Speaker Protempore And John Plaisted Esq"^ was Chosen
Speaker Protempore Nem Con &c
Ordered that Capt John Gillman & Capt Benj-'' Wentworth
wait upon the Liv* Govornor at his house and Signifie to him
that there is a house and that John Plaisted Esq"" is Chosen
Speaker protem.
A Message from the Liv* Govornor By Jotham Odiorne
Esq"^ & n/ Clerk AValdron ; That it is his hon" Desier y* this
house wait upon him at his house. Which was Don.
And then the Liv* Govornor Made a Speech & Gave a Copy
thereof as on fjde and then the house adjournd to tuesday
nine a Clock a, i^r.
[See Journal of General Assembly, p. 148.]
Tuesday November 17, 1724 a. m.
the house met according to adjournment all psent as yester-
day.
In the house of Representatives
the Liv* Govorn" Speech was read & voted that Maj'' John
Gilman <fe Andrew Wiggans Esq^ and mr Theodore Atkin-
son be a Committee of this house to Draw up an Answer to
3S8 PROVINCE OF NEW-HAMPSHIRE. [1724.
the Liv* Governors Speech & present it to the house for Con-
currence.
Ja Jeffry Cler Ass"i
Eod"^ Die. In the house of Representatives
Voted, That Maj"^ John GiHman & Andrew Wiggans
Escf with Mr Theodore Atkinson be a Comittee of this
house to joyn w*^*^ a Committee of the upper house to audit
the acct^ & Muster Roles Bro* in this Sessions.
James Jeffry Cle"^ Ass™
Sent up.
[p. 2,] Then the house adjourned to three a Clock p. m.
Tuesday 9"^ 17 1724 p. m. the house met according to ad-
journment all psent as in the morning and the Comittee went
out upon the audit. Then the house adjourned to Wednes-
day Nine a Clock a. m.
Wednesday November the 18*" 1724 a. m.
the house met according to adjournment all psent as yester-
day. The Comittee of accompts Made return which was
withdraw'^ againe.
The house adjourned for two hours.
Wednesday 9'' 18 p. m. the house met according to adjourn-
ment all psent as in the Morning.
M'' Sherrif Gambling made Return of the Precept Given
him to. Send to New Castle Select Men for an assemblyman.
Who made return that they had made him None as p*' the
writ or precept on file.
Eod™ Die. The return of the Comittee for making a rule
for New Proportioning the Severall Towns in this Province
Made their Return and luuiibly Submitted the Matter Might
be referred for about Six Months & Signed Nathaniel Weare
In Councill 9^' 18 1724 Read and adopted. R Waldron
Cler Con.
Eod"^ Die In the house of Representatives
read and concurred with this amendment that it be deferred
during the Indian AVarr.
Jas. Jaffry CI As.
Sent up for concurrence.
Eod™ Die. A Message from the Board by Jotham Odiornc
Escf that the above vote was concurred with the amendment.
Then the house adjourned to Thursday W^' 9'^' 1724 a. m.
1721.] JOURNAL OF THE HOUSE. 389
Thursday the 19th 9^' 1724 a. m.
The house met accordhig to adjuurnment all pscut as
yesterday.
Then the house adjourned to three p. m.
Thursday 9^ 19 1724 p. m.
The house met according to adjournni' all psent as in y°
morning.
The house adjourned to fryday the 20"' 9'".
[p. 3.] Fryday November the 20^" 1724 a. m.
The house met according to adjournment all psent as in
the foregoing Meetings.
Then the house adjourned to three a Clock p. m.
Fryday y® 20 p. m. The house met according to adjourn-
ment all psent as in the morning.
Eod"" Die. Joseph Smith of Stratham by a Note under the
hand of Moses Conner Certified that Said Smith had served
y® Province as a Soldier under Liv* Bcard(l) and was not En-
tred in the ]\Iuster Role and upon Cap* Wiggans averring he
Ira])rest him & that he was in y® Province Service. Voted
That the Said Joseph Smith be allowed and paid put of the
PuV Treasury Seventeen Dayes as a Cen^
Ja^ Jeffry CV Ass™
The house adjourned to Sathurday nine a Clock a. m.
Sathurday 9"^ 21^ 1724 a. m.
The house met according to adjournment all ps€nt as yes-
terday.
Eod™ Die. In the house of Representatives
A motion be made for allowance for Peter Colcord for that
he had been Taken by the Indians and Kept a Captive with
them som time ; and by his Ingenuity and Courage made his
Escape from them. And Brings an accompt of their Settle-
ment and proceedings which may be of advantage to the
Government hereafter. Its agreed to make him a present
when thers a full house.
A Mess^" from the Board pr M' Odiorne and the Clerk of
the Con. that the assembly Was adjourned to Munday y'' 23''
at 12 of the Clock and accordingly they are adjournd.
{I) Errata. On p. 3S3, for " Sev Board," read Lev. Beard. Ed.
390 PROVINCE OP NEW-HAMPSHIRE. [1724.
]\rimday Noveml^er 9"^ 23'^ 1724.
The house Met according to adjournment.
Psent Mr Speaker Weare
John Phaisted ) ^^ ,, Capt W° Fellows
Andrew Wiggans j ^^ Sam^ Tebbets
M"" John Redman
John Sandhnrn
Eplu"" Dennit
Theo Atkinson
The house adjourned to Tuesday 9 a Clock a. m.
[p. 4.] Tuesday November 24, 1724 a. m.
The house Met according to adjournment all Psent as yes-
terday Except ]\P Ephraim Dennit and there came Capt John
Gillman, Sam^ Eastman Escf
Then the house adjourned to Wednesday 9'' y'^ 25"^ 1724.
Wednesday November 25*'' 1724 a. m.
The house Met according to adjournment all Psent as yes-
terday and M' Ep"" Dennit was sent for up to the Councill
Board to hear y^ argument upon Hampton Petition and went
up accordingly. The Same Petition Pleaded to on both
Sides and Then the house adjourned to three a Clock p. m.
Wednesday 9' 25*'' 1724 p. m. the house met according to
adjournment, all psent as in the morning & Maj'" John Gill-
man.
In Councill 9-- 25«' 1724.
The Petition of the Comoners of hampton being read and
fully argued on the part of the Petitioners & on the Part of
the Town of Kingston before his honor the Liv* Govornor &
the Councill & assembly and thereupon Voted : That a Co-
mittee of both houses be Chosen to Meet in the recess of the
Court who Shall give Seasonable advertisements at hampton
for all psons y* have a Claime in the New plantations to bring
in and produce y*" Same and likewise to the Comoners of
hampton to appeare at the Same time and Shew to whom
they have made Satisfaction for their New plantation Rights,
in order that his hon"" and the Generall Assembly may have
a full understanding of the pmises and order thereon as to
172i.] JOURNAL OF THE HOUSE. 391
Riglit and Justice doth appertain & y* the Comittec ]\rakc re-
port at the next Spring- Sessions.
W Waldron Cler Con
Eod'" Die. In the house of Represent.
The above vote being read and ordered to ly till Tomorrow
for Consider''
Then the house adjourned till Tluirsday 9 a Clock a. m.
Thursday November 26, 1724, a. m.
the house met according to adjournment all psent as yester-
day.
Whereas it is found by experience y* there is a great incon-
veniency attending Severall Towns in this Province who are
obliged to Support a Gramer Schoole by act of Gen' assem-
bly which Induces a very Great and unnecessary expense
upon the Said Towns without the Least advantage thereby,
Therefore In Councill 9'' 26, 1724,
[p. 5.] Voted — That the Said act respecting Gramer Schools
be Repealed & y* there be one Established free School to be
Supported at the Province Charge at Portsmouth and that
the Town of Portsmouth pay one Quarter part of the
Charges, and that the other Towns pay in proportion to
their Province Tax and that a Comittce of Both houses be
appointed to obtain and agree with a Suitable pson to Settle
as School Master, and that a Bill be prepared accordingly.
R. Waldron Cler Con
Eod™ Die.
In the house of Representatives Read & Noncurr'd
Ja* Jeffry Cler Ass™
Then the house adjourned to three a Clock p. m.
Thursday 9'^ 26, 1724, p. m. the house met according to ad-
journm* all psent as in the morning except m'^ Plaisted.
here a Vote past for Limitting the Time of Laying out Grants
was past & Sent up as pr y'^ vote on fyle &, y" the house
adjourned to Fryday.
Fryday Nov'' 27*'' 1724, the house met according to adj" all
psent as yesterday.
Eod™ Die. a vote passed for Repealing part of an act cntituled
an act for Maintaining ct Supply of the ]\Iinistry within this
Prov. &c. Giving the Choice of the Ministry to the freehold-
392 PROVINCE OF NEW-HAMPSHIRE. [1724.
ers and that it shall be Now in the power of the Church of
Each Pish or precinct within this Province to Make Choice of
a Minister where wanting, and then to present him So Cho-
sen to the Congregation for acceptance, and if Chosen by y*
Majority of the Church and freeholders at Such Meeting
then that to be the Settled Minister, and if it happen y* y®
Churches choice be not accepted at Such meeting then the
Difference to be Decided by the next three or five adjacent
Churches &c
Voted that an act be Drawn up accordingly
Sent up for Concu''
A Message from the Board pr Geo Jaffrey Esq"" that the
above vote be Deferred for Consideration to the Next Sess""
which was Don accordingly,
A Message from the Board pr Geo Jaffrey Estf that it is
the Desier of the up])cr house that this house would recon-
sider the vote past for an act ag* Trespassers Bro* in Last
Sessions.
And also a Petition of Sundry Indians y' Served this
Prov in the Canada Expedition for theire Guns.
Eod™ Die In the house of Representatives
The additionall act ag' Trespassers was read three times
& past to be engrost and to Continue for five years. John
Plaisted Escf Enters his Dissent ag* the Said act.
Then the house adjourned for two hours p. m.
Jas. Jeffry Cl"^ Ass'"
[p. 6.] Fryday 9^ 27'" 1724, p. m.
the house met according to adjournm* all psent as in the
Morning Except M'" Eph'' Dennit
Eod Die, the auditors Made return on the Treasurers ac-
compts which was accepted and ordered that the Treasurer
form his accompts accordingly in order to be Discharged.
James Jeffry Cler Ass"^
Sent up for Concurrence.
Eod'" Die. A Message from the Board By Geo Jaffrey &
John Frost Esq'* with the above vote, and that it was the
opinion of the upper house to Chuse a Standing Comittee to
act in the recess of the Court and to Let the accompts of
the Treasurer Ly untill the Spring Sessions, and that y*^
Treasurer be ordered to Lay a IMemoriall before the assembly
at psent of the State of the Province to Sec w' is Necessary
to lay in for its Support.
1721.] JOURNAL OF THE HOUSE. 393
Eod'" Die. The Comittee of audit whose names are under-
wiitteii having Examined the Sevcrall Cluster Roles that Lay
before us Do return as followeth (viz)
1, a Muster Role Signed
Andrew Glidden
for
£108:
l(j:
4
2, Do
Moses Xorris
£ 97:
7:
9
3, Do
2 Roles
John" Sandburn
£11.5:
— :
1
4&5Do
John Footman
£ 45:
15:
—
6 Do
Joseph Roberts
£ 51:
18:
10
7 Do
W'" Jones
£ 49:
1:
—
8 Do
Abraham Clark
£ 11:
7:
6
9 Do
AV" Hill
£ 17:
2:
8
10 Do
John I'rescot
£ 50:
i!
4
11 Do
Benj Wentwortli
£ 99:
13:
2
12 a Portleidge
Bill Sign
ed Walter Stuart
as Master ik Stewai
•d in the Schooner
with
Capt Wentwortli to the Eastward
£ 17:
14:
6
£f)66: 10:
all the above Muster Roles l)eing examined wee find y'" Right Cast
and well voucht amounting in all to Six hundred Sixty Six pounds ten
Shillings : anl as to the twelve Small llols follow wee have examined
and tiud that they are Trantient Scouts Except Meads Xo 10 which we
allow When Sworn to.
[i". 7.] John Cillman Mark Hunking
Andrew Wiggan Richard Wibird
Theo Atkinson John Frost
Eod'" Die In the house of Representatives,
Voted,
That Peter Colcord be allowed and paid out of the Trea-
sury the Sum of ten pounds : as a present from this Govern-
ment when he returns from his pscnt ^March after the Indians.
James Jeffrey Cl^ ass"'
kSent up for Concurrence
Eod Die. In the house of Representatives,
Voted that there be allowed to Samuel Penhallow Esq"^
twenty pounds New England Money for his Good Service
Don when in Gre* Brittaine.
James Jefifry Cle'' Ass'»
Sent up for Concurrence.
Eod Die. a Message from the Board pr Jotham Odiorne
Escf that the above Votes Smiths, Colcord and Pcnhallows
was concurred with.
Eod'^ Die. In the house of Representatives
Voted That all Small Sellouts of three daycs and upwards
be allowed and paid wages, and have their Provisions
allowed them as other Souldiers in the Service have.
James Jetfry Cle^ Ass'»
^' Sent up for Concurrence
394 PROVINCE OF NEW-HAMPSHIRE. [1724.
Eocl"^ Die. The above vote return'd and nothing Don
upon it. It being the case of Each Town to run out occa-
sionally in Such Small Schouts
Eod"' Die. In the house of Representatives,
Voted, That all Those Small Schouts that hath been out
for three or four dayes at a Time be allowed thcire provis-
sions and those that have not had it but found themselves
be allowed and paid out of the Treasury one Shilling pr day
in Money. James Jeffrey CI'' Ass™
Sent up for Concurrence.
a Mess'' from the Board y^ y® above vote was concurred w^''.
Then the house adjourned to Sathurday 9"" 28*^ 172-4: a. m.
Sathurday November 28"' 1724 a. m.
The house Met according to adjournment all Pscnt as yes-
terday.
[p. 8.] a Message from the Board by m'" Cler Waldron
that the upper house Desir'd to withdraw theire vote relating
to y*^ hampton Petition Which was Don accordingly, alsoe a
Message pr Geo Jaffrey Escf who Brot Down our vote, for a
Bill for Limitations of Grants that it be Left for further Con-
sideration. Which was agreed to.
Eod'" Die. In the house of Representatives
The Question being put what Qiiantitie of Money Should
be ])rintcd It past for £3000 as pr the vote on fyle.
M'" Sandburn and his partner Delegates for Kingston De-
sired m'' Clem* Hughes Might be allowed attorney for Kings-
ton in Relation to the Petition, which was Granted. Cap*
Sam" Tibbets took out his Debenture to this day.
Then the house Adjourned to Wednesday December y*^ 9'^
1724.
Wednesday X'' the ninth, 1724.
The house met according to adjournment.
Psent Mr Speaker Weare.
John Plaisted I r^ , , Capt William Fellows
James Davis \ ^* ^ ' John Gillman
Mr John Redman
Eaph-" Dcnnit
Thco Atkinson
The house adjourned to Thursday X'' 10"' 1724 a. m.
1724.] JOURNAL OF THE HOUSE. 395
Thursday X^ the 10''^ 1724 a. m.
The house met according to adjournment all i)seut as
yesterday, and Maj"" Gillman
John Sandburn
Then the house adjourned to 3 a Clock p. m.
Thursday X' 10"' 172-1: p. m. the house Met according to
adjournment all psent as in the morning & Samuel Eastman
a vote past for Imprinting tlircc thousand pounds.
Eod™ Die. In the house of Representatives
Voted— That Cap' W"' Fellows & Mr Theodore Atkinson
he of the Comittee of this house to Joyne a Comittee of the
upper house to tell over the old Broken Defaced Bills of the
first Imnression that may be Bro* in to be burnt this assem-
bly,
[p. 9.] James Jeffry CP Ass™
y® votes for Raiseing 2 M. pounds Should be Entred here.
(See Journal of General Assembly, p. 159.)
Then the house adjourned to Fryday X"" y® 11, 1724 a. m.
Fryday X'' the 11"' 1724, a. m. The house met according to
adjournment all psent as yesterday.
Eod'" Die. In the house of Representatives
Voted : that one hundred pounds of the Two thousand
now to be Impressed be put into the hands of Maj"" John
Gillman Esq'' by the Signers thereof to purchase Pork &
]>read for y'^ use of the Province to Supply Such Scouts as
Shall be Sent to him by the Government
Jas Jeffry CP Ass'"
Sent up for Concurrence
Eod"" Die. a Message from y" Board the above vote was
concurr'd w*''
Eod'" Die. a vote past for paying James Jeffry ten pounds
in full for his Service as Clerk of the assembly from 9'' 29'"
1723 to f 29t" 9-^ 1724
S, Peter Weare
Sent up for Concurrence. *
Eod'" Die. In the house of Representatives,
Voted : That James Davis Esq'' be paid out of the ]nib-
lic Treasury the Sum of Eight pounds Six Shillings in full
Disch^ of his Service as a Comittee man for the Settling <fc
runing y^ Province lines in y'' yeare 1719 & 1720.
James Jaffry, Clcr. Ass*".
Sent up for concurrence
396 PROVINCE OF NEW-HAMPSHIRE. [172-1.
Eod'" Die In the house of Representatives,
The Comitteo for Exchange of tlie Bills of the old Im-
pression brot in £204 : 5 : which was burnt to ashes in the
psence of the Generall Assembly viz
By Richard Wibird £103 : 13 : 9
Geo Jaffrey 36 : 16 : 3
Peter Weare 26 : 18 : 6
John Gillman 36 : 16 : 6
£204 : 05 :
off which S'^ Sumes they are Discharged
^ Jas. Jetfry Cl^" Ass'"
Eod'" Die.
of the (Same Money Bro* in by John Plaisted £51 : 18 : /
Mark Hunkino- 29 : 15 : 6
of which S'^ Sumes Each are Discharged, £81 : 13 : 6
James Jeffry C? Assembly
[p. 10.] Fryday y^^ 11"> 1724 a. m.
In tlie house of Representatives,
Yoted that the reverend Henry Rust be presented with
forty Shillings for his Service attending his hon'' the Liv'
Governor to y® Eastward at horneck the Indians burial.
Ja^ Jeftry C'" Ass""
Sent up for Concurrence
A Certificate Signed Benj-'' Gambling Sherrif y* he Impressed
]\Ioses Welch to carry a letter to Coll Waldron about three
years agoe, Was Read and voted nothing to be allowed him
Sent up. Ja^ Jetfry CP Ass'"
Eod"' Die. In the house of Representatives,
Voted, That John Plaisted Esq-- Cap* William Fellows &
M"" Theo Atkinson be a Comittee of this house to Joyn with
a Comittee of the upper house to receive & examine the
Province accompts in the recess of the ass'" and Make them
ready to Lay before y° ass"' for allowance the next Sessions.
• James Jeffry CV ass"'
Sent up &c
Then the house adjourned for two hours p. m
Fryday y" 11"' 1724 p. M. the house met according to adjourn-
m' all psent as in the morning
ct Cap* Tibbets.
[p. 11.] Eod'" Die. In the house of Representatives,
1724.] JOURNAL OF THE HOUSE. " 397
Voted, That m'^ Speaker Weare & Joliii Plaisted Esq"" be
of the Comittcc of this house to Joyn with a Comittcc of the
upper house for Signing of the Two thousand pounds now to
be Impressed.
Sent up &c Coll Ilunking & Geo Jaffrey of y" upper house.
James Jeffry Cler Ass"'
Eod'" Die. In the house of Representatives
Voted, That there be twenty pounds pr annum added to
the form"^ Estabhshm* of the officers and Souldiers at fort
"W™ & Mary Each one to have four pounds pr annum of
Said Sum hence^forward paid him out of the Publick Treas-
ury.
James Jeffry cler. Ass'"
Sent up etc.
Eod'" Die. In the house of Representatives,
Voted, That John Plaisted Esq'^ & Gap* William Fellows
be of y^ Comittee of this house to joyn with a Comittee of
the upper house to Draw up the act for the Two M pounds.
James Jeffry cler Ass"^'
Sent up.
a Mess^ from y*' Board pr Jotham Odiorne Esq'' that Geo
Jaffry and arclii Mac Esq'' be of y® Comittee of the upper
house to Draw up S"^ act.
Eod"" Die. In the house of Representatives,
Voted, That Every Souldier in the pay of this Province
Schouting or Marching that will Supply himself with full
provisions Shall be allowed and paid out of the Publick
Treasury Twelve pence pr day for the Same.
James Jeffry CP Ass'"
Sent up etc.
Then the house adjourned to Sathurday y'^ 12.
Sathurday X-" the 12"' 1724 a. m.
The house met according to adjournm* all pscnt as yester-
day.
Eod"^ Die. Voted that Edward Toogood be paid out of the
Publick Treasury the Sume of 1716 in full of his accompt.
Jas. Jeffry CV Ass™.
Sundry Small Muster Roles Examined and referred to the
Gen'^ assembly Numbered in the Margent as followeth
(See Journal of General Assemljly p. 1C6.)
398 • PROVINCE OP NEW-HAMPSHIRE. [1724.
[p. 12.] Eod'" Die. A Bill for Impressing two M pounds
was read three times and past to be Enacted.
Eod"' Die. There is an allowance of Seven men as Centi-
nells allowed to be added to Moses Norrises Muster Role.
Ja* Jeffry CI"" assem.
Eod™ Die. Jotham Odiorne Esq^ allowed 34 & 3^ for
Bread and pork Supplied to the Sloopes Walter Warrens
accompt allowed £2:2 m''^ Smals ac* allowed for house
rent fire and Candles from S' 23 to 8"^ 1724 £12 :—
Eod™ Die. Voted that 2001b of the Two M now to be Im-
pressed be Signed off and put into the Publick Treasury.
James Jeffry Cle' Ass™.
Eod™ Die.
Voted, That his lion'' the Liv Govornor haveing the
whole Govornment as comander in Chief Still Continued up-
on him be presented with the Sum of one hundred pounds
for his Exterordinary Service don the Government in this
Time of Warr and that it be paid out of the Publick Treas-
ury.
James Jeffry Cler Ass™.
Eod" Die. Voted — That Samuel Penhallow Escf be paid
the Sume of fifteen pounds for Slops and Stores Delivered
Jonathan Chesley before Said Sam^ Penhallow went for Eng-
land and they to be in full Discharge and if m"" Penhallow
Do not accept this Then to be paid & allowed w* the Co-
mittee Shall allow him in the recess of the assembly.
Jas Jeffry CP ass™
[p. 12'i.] M"" agent Newmans papers was Sent Down from
the Board and read.
Eod'" Die. a vote passed for the Liv* Govornor to Comiss a
Man to goe to Canada with those Gent from the other Gov-
ernments.
Voted — That the Comiss'' to be appointed for to goe to
Canada be Supplyed and paid out of the Publick Treasury.
Ja^ Jeffry CP Ass™
Eod™ Die
Maj'" Gillmans agreement for Supplying the Sellouts is En-
tered in the Latter End of the old ass™ Book.
Then the house was Sent for at the Board and were Pro-
rog"^ to Wednesday the fifth of May Next 1725.
Coll Plaisted, Capt Fellows & W Dennit look out y' De-
Ijcnt"* to X-- 12, 1724.
17-25.] JOURNAL OF THE HOUSE. 399
By the Liv* Govorncrs Proclamatioii the assembly was Pro-
rog'd to the 17 May 1725.
Muiulay May the 17"' 1725. The house Met according to
Proclamation of Prorogation.
Pscnt Mr Speaker Weare.
John Plaisted ) Capt John Gillman
John Gillman [ Esqrs W'" Fellows
Andrew Wiggans ) Benj-' Wentworth
John Downing
M"". John Redman
John Sandburn
Theo Atkinson
The house went up to the Council Chamber heard the
Govorn" Speech & Returned and had it Sent Down to Coppy,
Then adjourned to Tuesday May 18"' 1725 a. m.
[See Journal of General Assembly, p. 168.]
Tuesday may the 18"' 1725 a. m.
The house met according to adjournment all psent as yes-
terday & Capt Samuel Tibbets
[p. 12f .] May 18. In Council May W 1725.
Voted— That Coll Walton & Capt Mcpheadris Esq"" be a
Comittee to Joyn with others of the house to Count over the
Bills of Credit now to be Burnt and that it be Don with all
convenient Speed.
Richard Waldron Cler Con
Eod"^' Die. In the house of Representatives,
Voted — That m"^ Ephraira Dennit & m^ Theo Atkinson be
of y^ Comittee to Joyne with Those above for the Counting
over the Bills of Credit Now to be Burnt.
James Jeffry CP ass"^
Then the house adjourned for two hours p. m.
May 18 p. m.
The house met according to adjournment all psent as in
y*^ morning and Samuel Eastinan Esq"" and M'' Ea Dennit
May the 18"' Wee whose Names are here under written
1)eing appointed a Comittee to audit the accompt of the
Province of New hampshire for the yeare 1725, Do allow as
foUoweth viz
[See Journal of General Assembly, p. 170.]
400 PROVINCE OF NEW-HAMPSHIRE.
[17:
[p. 13.] Wednesday May W 1725
The house met according to adjournment all psent as
yesterday.
The Comittees being out telling over the Bills & auditing
the accompts the house adiourned to
Thursday Nine of the Clock May the 20"' 1725, a. m.
Thursday may the 20"' a. m. the house met according to
adjournment psent M"^ Speaker Weare
John Plaisted ""^ Capt John Downing
John Gillman (^ -j^^ . W'" Fellows
Samuel Eastman f " ^ John Gillman
Andrew Wiggans J Sam'^ Tibbets
M'' John Redman
John Sandburn
Ea Dennit
Thco Atkinson.
Mr Hugh Adams Booke Came Down from the Board for
the Consideration of the House for the Printing it.
(See Journal of General Assembly, p. 171.)
[p. 14.] May the 20"' 1725 p. m.
Whereas the Town of Londonderry hath lived under this
Govornment for Severall years past and hath neither as yet
paid any Rates for the Support of the Govornment Nor Sent
any one Represent Said Town in Generall ass'"
Voted That the Said Town of Londonderry be Notified
to Send a Meet pson Duly Quallified to represent them in
this assembly and to Bring a list of theire Rateable Estates
that they may be assessed accordingly for the Support of the
Govornment. James Jeffry Cl"^ ass™
and then the house adjourned to Fryday May 21 a. m.
Fryday May 21^' 1725 a. m.
The house met according to adjournment
all psent as yesterday and Capt Benj'' Wentworth & Coll
Davis, the house adjourned for two hours.
Fryday May 21, 1725, p. m.
The house met according, to adjournment all psent as in
the Morning.
1725.] JOURNAL OF THE HOUSE. 401
In the house of Representatives,
Whereas the Town of Londonderry hath lived under this
Government for Severall years past and hath Neither as yet
paid any Rates towards the Support of the Government nor
Sent any one to represent Said Town in Generall Assembly
Voted that his hon"" the Liv* Govornor be desired to Send
a precept to the Said Londonderry to Send a pson duly Qual-
ified to Represent them in this Generall Assembly at the
next fall Sessions and to Bring a List of theire Rateable Es-
tates that they may be rated accordingly.
James Jeffry Cl^ Ass'"
Eod Die a Mess^ from the Board pr M'' Clerk Waldron
that the above vote was concurred with.
Then the house adjourned to Sathurday May 22^ 1725, a. m.
[p. 15.] Sathurday May the 22'^ 1725 a. m.
The house met according to adjournment all psent as yes-
terday.
In the house of Representatives,
Voted That all the Publick Bills of Credit of this Prov-
ince Pass in all Publick payments with out the advance of
five p'^* James Jeffry CV Ass""
Sent up for Concurrence,
a Mess^ from the Board that the above vote was concurr'd
Moun*"^ Vodrells Letter by Mr Atkinson to our Govern'^
was Read.
Mr. Atkinsons ac* of his Disbursements on his Canada
Journey amounting to the sum of ii248 : 14 : 7
of which is paid by M"^ Treasurer as pr his ace' 130 : :
118:11:7
a Mess^ by M"" Clerk Waldron that the assembly was ad-
journed to Tuesday the 25, 1725.
26
James Davis
John Gillman
Andrew Wiggan
Samuel Eastman
402 PROVINCE OF NEW-HAMPSHIRE. [1725.
Tuesday May the 25'^ 1725, a. m.
The house met according to adjournment psent Mr Speaker
Wearc.
John Plaisted "^ Capt Williams Fellows
Sam Tibbetts
> Esqrs Benj"" Wentworth
John Gillman
John Redman
John Sandburn
Eap' Dennit
Theo Atkinson.
In the house of Representatives,
Voted for the further encouragement of volluntiers to goe
out ag*^ the Indian Enemy.
[See Journal of General Assembly, p. 182.]
[p. 16.] Wednesday May the 26'»' 1725.
The house met according to adjournment all psent as yes-
terday and Cap^ Downing.
In the house of Representatives,
Voted that the return of the auditors on m'' Treasurer
Penhallows accompts be accepted and that the accompts be
allowed.
James Jeffry Cler Ass™
Then the house adjourned for two hours p. M.
Wednesday May y'^ 26*^ 1726 p. m.
the house met according to adjournment all psent as in the
morning,
Eod"^ Die. In Council May the 25*'> 1725.
Whereas the accompts of nf Treasurer Penhallow from
time to time laide before the General Assembly and Espe-
cially at the Last and present Sessions have appeared very
Irregular & much plexcd which has cost the General Assem-
bly and Comitecs of audit Many dayes and is a great Expense
to the Province in theire attending the adjustment thereof
and whereas Sundry Disputes have arisen about allowing the
five p*^* advance on the Bills of Credit of this Province &
For the prevention whereof for the future
Voted that the Said ]\P Penhallow Dureing his Continu-
ance in the office of Treasurer be allowed and paid out of the
Treasury for his Service therein after the Rate of one hun-
dred pounds pr annum in full for his Said Service.
Richard Waldron CV Con.
17-25.] JOURNAL OF THE HOUSE. 403
Eod"^ Die. In the house of Representatives read and or-
dered to ly upon the Table Till tomorrow.
May the 27 1725. In the house of Representatives, the
above vote Read and Concurred.
Eod™ Die. In the house of Representatives
Voted, That Cap* William Fellows M"" John Handburn
and Andrew Wiggan Escf be a Comittee of this house to
joyne with a Comittee of the upper house to view the Stores
now lying in nf Treasurer Penhallow hands according to
the accompt that is now made up by the auditors and Make
return to the General Assembly w* there is and in what
Condition they find it. That the assembly may order the
Sale of w* is not lit for the Province Service and that the
Return be Made Tomorrow at 10 of y" Clock.
James Jeffry Cler Ass"^
[p. 17.] A Mess^ from the Board That Coll Hunking,
Capt Wibird & Capt Odiorne Esq'* was appointed to Joyn
w"^ the afforesaid Comittee for the Serv afforcsaid.
Then the house adjourned to Thursday the 27"'
Thursday may the 27'" 1725 a. m.
The house met according to adjournment all Psent as yes-
terday.
Eod'" Die. In the house of Represenf^
"Whereas there is in the Treasurer's hands Sundry Stores
returned out of the Sub Commissioners hands & the Eastern
Expedition to the value of one hundred thirty Six pounds
nineteen Shillings & Eleven pence and out Standing in Con-
stables hands the Sum of forty pounds five Shillings <t Ten
pence in Greenleaf & Gliddens two pounds 18* & Six pence
in all i;180 : 4 : l*^. Now for the preventing of any Differ-
ence in accompts for the future the S'^ Treasur"" proposes y'
if the Gen" assembly will make liim allowance of twelve
pounds out of the above Said Sum the remaining one hundred
Sixty Eight pounds four Sliillings and one penny the Treas-
urer will take the Same to his accompt and be Dcbtcd with
the Same.
Voted, that the above proposal! be accepted and that the
Treasurer be Charged with the Sum only of <£168: 4: 1, in
full of Said accompt of Stores &c.
Then the house adjourned to fryday May y° 28*^" 1725.
404 PROVINCE OF NEW-HAMPSHIRE. [1725.
Fryday May the 28''^ 1725, a. m.
the house met all psent as yesterday Except Cap* Tibhetts
and voted That theire Shall be henceforward allowed to Each
Souldier in the pay and Service of the Province in any Stand-
ing Sellouts for theire use in the Sumer Ensueing forty Bul-
lets and Six flints, and for Every three months one pound of
powder, & and if any Souldier be Exchanged he shall return
his bullets and flints not expended in the Service or pay for
them, & if any Man be Exchanged in a little Time to return
his powder to y' man y* comes in his roome or to his Comand-
iii officer.
James Jeffry Cl'^ Ass™
Sent up and Concurred with.
[p. 18.] Fryday May the 28t'> 1725.
In the house of Representatives,
Whereas there was a mistake in Cap*^ Andrew Wiggans
Muster Role of his name and two others viz Tho^ Vaysey &
Samuel Hilton that were not Numbered in it.
Voted, That there be allowed and paid out of the Publick
Treasury the Sum of twelve Shillings for theire provisions
in said four dayes Scout and that Benj^ Lamprey be alsoe
allowed the Sum of three Shillings he not being numbered
in his Muster Role.
Alsoe that M'' Richard Waldron be allowed and paid out
of the Publick Treasury the Sum of Seventy three pounds
in full for his Service as CV of the Councill to the 15^^ of
Aprill 1725.
Alsoe that Cap* Nathaniel Hill be allowed for Furnishing
Timothy Blake k Seven Souldiers three weeks & foure
Dayes £10.
Eod™ Die. In the house of Representatives,
A^oted, That Cap* John Knight and thirty-nine men under
his Comand be paid out of the Publick Treasury, the Sum
of four Shillings Each Man, the Said Role beginning 24 of
7-^ 1724.
James Jeffry CV Ass"'
Sent up and Concurr'd
Eod™ Die in the house of Representatives.
Whereas it Doth appear to this house that m'' Theodore
Atkinson hath faithfully Discharged the Trust reposed in
him his Late Negotiation to Canada this house returns him
thanks for the Same, and Voted that there be paid him out
1725.]
JOURNAL OF THE HOUSE. 405
of the Piil)lick Treasury (besides what is allowed and paid
him already for his Charges) the Sum of lifty two pounds
for his Time in Said Negotiation.
James Jeffry CP Ass"^
Sent up for Concurrence.
Eod™ Die. In the house of Representatives,
Whereas his hon'' the Liv' Govornor hath the whole Gov-
ornm* as Comander in Chief Still continued upon him voted
That he be presented and paid out of the Publick Treasury
the Sum of one hundred and Twenty pounds for his Exter-
ordinarv Care & Service Don in the Governm* in this time
of warr. Jas Jeffry CP Ass"^
Sent up and Concurred,
[p. 19.] Then the house adjourned to Sathurday y*" 29'*"
May, 1725.
Sathurday May 29*'' 1725, a. m.
The house Met according to adjournment all psent as yesr
tcrday and voted the Severall allowances
to Ben]* Gambling as Sherif for his Serv^ 1724, <£13 : —
to Cap* Nathan' Hill for 69 lb pork he bot 2 : —
to John Went worth as per his ac* 5 : 14
James Jetfry CV Ass™
The Comittce for Telling over the Money to be Burnt this assembly
Made theire Return viz of the Treasurer for the Tax of £1076:16:
Bro' into the Treasury for the yeare 172-1, £1076: 16
of the Comittee of the £15000 by the hands of George
JaffreyEscf £300:12: 4
of the Comittee for Exchanging the 5381 lb viz
Coll John riaisted
£37: 13
—
Coll Weare
£40: 14
6
Capt Wibird
£68: 13
3
Geo Jaffrey
£84: 11
3
Coll Hunking
£ 9: 9
£241:01
Shadrach Walton
Ea Dennit
Theo Atkinson
Eod'" Die. In the house of Representatives,
Voted that Each of the above psons be and are hereby
Discharged of the above Said Sumes as Carryed of ag* theire
Names.
James Jaffrey CP Ass™
406 PROVINCE OP NEW-HAMPSHIRE. [1725.
Eod"^ Die. M'' Clement Hughes Came into the house and
agreed to farm the Excise & to pay for the Same from the
31** of December 1723 to the 31*^ of December 1725 the
Sum of three hundred pounds.
Voted That the Said Excise is hereby farmed and Lett to
the Said Clement Hughes for the Tcarm above, for the Said
Sum of three hundred pounds to l)e paid into the Treasury
by Said Hughes in full. Sent up and Concurr'd
Ja* Jeffry CV Ass""
[p. 20.]
a Mess* from the Board that twas his hon'' Desire that m''
Speaker & the house Come up to the Council Chamber which
they Did & were Prorogued to 23'^ November 1725.
Maj"^ John Gillman John Redman
Capt John Gillman John Sandburn
and Andrew Wiggan Escf all took out their Debentures to
this Day.
May the 27*'' 1725 p. m. omitted in Due place.
In the house of Represent*
Voted, that there be Signed off of the two thousand pounds
Now ready Impressed the Sum of one thousand pounds and
put into the Treasury for the payment of the Sundry. debts
now allowed & remaining Due from the Province and other
contingencies that may happen & that his hon'' the Liv* Gov-
ernor be Desired to Issue out warrants for the payment of
what Shall be now allowed and unpaid.
James Jeffry CP Ass™
Eod'" Die In the house of representatives,
Voted — That there be fifty three pounds Sixteen Shillings
Signed off of the two thousand pounds Last printed and
paid into the Treasury to Satisfy him for the fifty tlu'ce lb
Sixteen Shillings whicli he allowed to the Constables in the
Last years rates of .£1076, 16, whicli was burnt to ashes ac-
cording to act etc.
James Jeffry CI'' Ass"'
Sent up May 28«'
concurr'd.
May the 28th 1725. In the house of Representatives
ordered That M'' Treasurer Penhallow do forthwith Call
in all y'' Interest Money yet Due to y® Province on y'' 1730 lb
Loan and other Dues Due to the Said Province and accompt
for it at the Next Sitting of the ass"'.
James Jeffrv CP Ass"'
1725.] JOURNAL OF THE HOUSE. 407
[p. 21.] Fryday May the 28"> a. m.
In the house of Representatives
Yoted — That there be a Tax of five hundred pounds laid
on the Inhabitants of this Province and that it be Bro' into
the Treasury by the Midle of febuary Next in any of the
Provinces Bills in New England and that it Shall be applyed
for Discharging y*^ Suport of the Government as the Gen"
assembly Shall order and that an act be Drawn up accord-
ingly and that Coll James Davis & Maj"' John Gillman be
of the Comitte from this liouse to Joyn with a Comittee from
the upper house to Draw up the act accordingly.
James Jeffry CI" Ass"^
Eod'" Die. a Mess'' y* it is concurr'd.
,;j, Munday O"" 15, 1725.
The house met By Spcciall Writ from y'' Liv* Governor &
Comander in Chief.
Psent Mr Speaker Weare.
John Plaisted ^ Cap' Wm Fellows
James Davis ( -p , , Sam Tibbets
John Gillman f ^ Benj^ VVentworth
Andre <v Wiggans J John Downing
John Gillman
Mr John Redman
John Sandburn
Ea Dennit
Theo Atkinson
In the house of Representatives,
Yoted — That Whereas the Ennemy Indians have made
overtures of Peace with the Government with whome they
have been at Warr & the Place being at Boston appointed
for a Treaty, Yoted — That Two Psons be Chosen out of this
house to go to Boston to assist the Liv' Governor att the
Said Treaty in l^ehalf of this Government.
9' 15, 1725. James Jeflfry CV Ass™
Sent up for concurrence.
Eod Die. In the house of Representatives,
Yoted — That Maj'' John Gillman & nV Theo Atkinson are
the Psons Chosen out of this house for the Service above
Said.
Jas Jeffry C? Ass'"
Sent up
408 PROVINCE OF NEW-HAMPSHIRE. [1725.
& concurr'd with & By a Mess'' Pr m"' Clerk Waldroii that
Capt Frost & Coll Walton are appointed above for y^ end.
and the assembly Stands Prorogued to y® 23*^ Ins*
[p. 22.] Tuesday O"" 23'^ 1725.
The house Met according to Prorogation.
Psent M'' Speaker Weare
John Plaisted ^ Cap* W' Fellows
Andrew Wiggans > Esqrs Sam" Tibbets
James Davis J M'' John Redman
John Sandburn
Ea Dennit
and were Prorogued to the 13, X"^ 1725.
Munday X-" 13, 1725.
The house Met according to Prorogation
Psent
John Plaisted I ^^ .^ Capt W"^ Fellows
Andrew Wiggans \ ^^ ^ John Gillman
John Sandburn
John Downing
Eap Dennit
and were Prorogued By the Psident of the Councill to
Munday the 20 X'^l725.
Monday X^ 20*^ 1725
The house met according to Prorogation.
Psent
John Plaisted \ -£. ^ Capt W"» Fellows
Andrew AViggans \ ^^ John Gillman
John Redman
Ea Dennit
Theo Atkinson
Sam' Tibbets
And were Prorogued to Munday the 27, X'' 1725.
1725.]
JOURNAL OP THE HOUSE. 409
Munday X"" the 27"" 1725 the house met according to Pro-
gatioii psent,
John Flaisted ^ Cap* W" Fellows
Andrew Wiggan [ -p,^ John Downing
SanuicU Eastman [ ^'^*1^ John Gillman
John Gillman j John Redman
John Sandburn
Ea Dennit
Theo Atkinson,
[p. 23.] A Mess* from the Board pr M' Clerk Waldron to
know if there were a house. The Speaker being absent the
liouse proceeded to Choose a Speaker Pro Tempore by
writeing,
And Coll John Plaisted was chosen Speaker
And then a Mess-' for the Speaker and the house to appeare
at the Board, and they went up accordingly and returned,
and a Message Came Down with the Gov"' Speech and the
Coppy of the Treaty with the Indians at Boston was alsoe
Sent Down.
(See Journal of General Assembly, pp. 187-190.)
And then the house adjourned to Thursday X'^ the 28*^.
Tuesday X'' the 28^^ 1725, The house met according to
adjournment all psent as yesterday &
Cap* Sam Tibbets
Coll Ja* Davis
Cap' Wentworth,
Eod" Die. In the house of Represent
Voted that there be a Comittee of both houses appointed
to examin the Muster Roles and accounts now to ])e Bro* in
and that m'^ Theo Atkinson and m^ William Fellows be a
Comittee of this house to Joyn with a Comittee of the upper
that Shall be appointed lor Said Service.
Jas Jeffry CP ass™
Sent up.
a Message from the Board That George JafFrey & John
Frost Esq'* were appointed to Joyn with those above for that
end.
Eod"i Die. A Petition of the Inhabitants of Sandy beech
was Read praying to be Set off a Distinct District from New
castle &c
Then the house adjourned Wednesday X"" y*" 29, 1725
410 PROVINCE OF NEW-HAMPSHIRE. [1725.
The house met according to adjournment
pscnt M'' Speaker Plaisted
James Davis ^ Cap* W™ Fellows
John Gillman i ^ Samuell Tibbets
Sam" Eastman [ ^ Benjamin Wentwortli
Andrew Wia'sans J John Gillman
'■bo
John Downing
John Redman
John Sandburn
Ea Dennit
Theo Atkinson,
[p. 24.] In the house of Representatives
That Whereas the act of Excise of this Province is Neare
Expiring
Voted That it be now revived for three years & all Re-
talers pay Six pence pr Gallon, and Taverns Eight pence pr
Gallon Excise ; and that none be free from paying Excise
for any quantity under twenty five Gallons and that an act
be Drawn up accordingly and that andrew Wiggans Esq'^
& m^ Ea|)hraim Dennit be a Comittec of this house to Joyn
with a Comittee of the upper house to Draw up Said act
Jas. Jeffry CI"" Ass"'
Eod™ Die
In Council X-" 28'S 1725
Whereas it was ordered by the Gen" Assembly the 26 of
May Last past upon the Petition of John Gate & others
(praying for an addition to the Precinct of Greenland) that
y'' Selectmen of Portsmouth Should be Served with a Coppy
of the Said Petition, who were to Notifie 'the Said Town to
appeare this Day before the Gen" Assembly (to Shew Cause
if any they had, wliy the Prayer of the Petition Should not
be granted and Whereas the Selectmen were not Served with
a Coppy thereof, together with a Coppy of the Said order &
this vote fortliwith and that the hearing on Said Petition be
on tuesday Next, if the Gencrall Assembly be then Sitting
& if not then on the Second day of the Next Spring Sessions
" Richard Waldron CI"" Con.
X'' the 28"* In the house of Representatives
read & Concurr'd James Jeffry CV Ass""
Decem 29, 1725 In the house of Representatives
upon Reconsidering the Sandy beech Petition & of y
1725.] JOURNAL OF THE HOUSE. 411
heareing thereon, and the Greenland Petition interfering
with the Sandy beech Petition
Voted — That the Greenland Petition and Sandy beech Pe
tition be both heard on the Second day of the Sitting of the
•Spring Sessions and that all parties be Notilied accordingly
James Jefifry Cl^ Ass™
Eod'" Die. In the house of Representatives
Voted — That May John Gillman & m' Eap Dennit be a
Comittee of this house to Joyn with a Comittee of the upper
house to tell over the Money that is Bro' in to be burnt this
assembly
James Jeffry CV Ass'"
[p. 25.] Eod'" Die. a Mess'' from the Board that Sli'^
Walton & Jotham Odiorne Esq''* be appointed a Comittee of
the upper house for telling over the Money
Then the house adjourned to Thursday y*^ 30"', 1725
Thursday the thirtieth of X-" 1725
The house met according to adjournment all Psent as yes-
terday and adjourned to fryday X"^ the 81 : 1725
Fryday X"^ the 31*' 1725 The house met according to ad-
journment all Psent as yesterday
Eod"' Die. In the house of Representatives,
Voted — That there be Impressed forthwith two thousand
pounds Bills of Credit on this Province, and Signed l)y a
Comittee to be appointed by both houses, and by them paid
into the Treasury from time to time, by order of the Generall
Assembly, for Defraying the Charges of y^ Government oc-
casioned by the Warr, and to repay the same that it be raised
by a Tax on the Inhabitants of this Province one half in
the yeare 1735, and the other half in the yeare 1736, and
when Brot into the Treasury, to be Burnt to ashes in
Psence of the Generall assembly, the said Bills to be
repaid in Such Species as Shall be agreed upon by the
Gen" ass'" from time to time and that an act be Drawn up
accordingly, and that John Plaisted Escf , and m"' Theo At-
kinson be a Comittee of this house to Joyn with a Comittee
of y*' upper house to Signe Said Bills, and that the Said John
Plaisted and nf Theo Atkinson be a Comittee of this house
to Joyn w"' a Comittee of the upper house to Draw up a Bill
accordingly
James Jeffry CI' ass™
L
412 PROVINCE OF NEW-HAMPSHIRE. [1725.
Eod™ Die. a vote past for payment of James Jeffrys Sallary
from y*^ 19"' of November 1724 to the 19"' of 9'- 1725 for the
Sum of ten pounds and for being on Comittcs & other Extre
Service the Sum of five pounds
James Jeffry CI"' ass"^
Eod™ Die. a Mess^ pr m"" CV Waldron the above vote was
concurr'd
[p. 26.] X^ y^ 31 1725
The Psons that were Chosen a Comittee to tell over the old broken
Defaced Bills of Credit that were Brot in from the Trustees for Ex-
changing the ii'-jSi lb Made their Return that there was Brot and Burnt
in Psence of the Gen*^ Assembly of that money the Same of one hun-
dred Twenty Seven pounds fifteen Shillings viz
from Richard Wibird ~\ £80 12 3
George Jaffrey I p £57 14 9
John Gillman f "^^^ £ 6 3 -
John Plaisted J £53 5 - £197 15
Eod"" Die. In the house of Representatives,
Voted — That Each Pson be and are hereby Discharged of
the Severall Sumes Carryed off ag* thcire Names
James Jeffry CI'' ass™
Then the house adjourned to Sathurday Jan"" y'' 1^', 1725 [6].
Sathurday Jan'^ the first 1725 The house met according
to adjournment as Psent as yesterday
To the hon'''*' the Liv' Governor & Comander in chief in and over his
JMaj''*"* Province of New hampshire in New England and the hon'''^
the Councill & the Representatives of the Said Province
Tlio we are loth to Expose the weakness of our Brother the reverend
m'' Hugh Adams, yet inasmuch as he has So Publickly Exposed him
selfe by addressing to your hon'' & the Generall assembly a Manuscript
So full of Enthusiasm & Impertinence, In obedience to your Desire we
have considered the contents of the said Manuscript and have made the
following remarks —
1) Wee are Sorry to See that m'' Adams has therein Discovered such
an affectation of finding out new and Strang doctrines in Divinity.
2) That he Should So wretchedly pervert the Sacred Scriptures to
Support his odd extravagant Notions.
3) That he has So little Modesty as confidently to Set up his Single
oppinion in Many Instances in opposition to the Judgment of all the
famous divines in the world
4) That he layes So great a Stress on his groundless opinion as to
INIake fundamental! articles of faith and Such an unchristian uncliari-
table Spirit in complaining to the almighty ag' Som verry worthy Psons
for Crossing his unreasonable Humor
[p. 27.] on these & Severall other accounts that Might be Mentioned
1726.] JOURNAL OF THE HOUSE. 413
■wee Judge the above Said manuscript unworthy of the Least counten"
from the Goverment
So recomeuding y'' hon"" & this hon'^'" house to the Divine Conduct in
all the Important affairs that lie before you wee Subscribe our Selves
your most humble & obedient Servants
Jabez Fitch
AVilliam Shurtleff
In the name and at the Desire of the Ministers of the Province.
In Councill X^ the 29"^ 1725
Yoted — That the foregoing Report of the Reverend Minis-
ters upon the Manuscript therein Mentioned, he accepted
and that the Reverend Gen' have the Thanks of the Gover-
ment for the same and ordered that the Said ^Manuscript be
Lodged in the Secretaries office, and that the Clerk of the
Councill be and is hereby Directed, not to give a Coppy of
the Said Manuscript or any part thereof Directly or Indirect-
ly, to any Pson or any Psence whatsoever without Leave or
Consent of the Gen'^ assembly for the Same.
Richard Waldron CP of Con
Jan'' the 1^' 1725-6 In the house of Representatives
Read and concurred James Jeffry CI"" ass™
Then the house adjourn'd to "Wednesday Jan' 5"^ 1725
Wednesday January the 5'*^ 1725
The house met according to adjournment
Psent m"" Speaker Plaisted
John Gillman ) j,^ ^, Capt. W™ Fellows
Andrew Wiggans ) ^ John Gillman ^
m' Ea Dennit
John Sandburn
John Redman
Wednesday Jan"" the 5**" 1725 There was Bro* in and
Burnt in the Gen" Assembly the Sume of fifty Three pounds
Eight Shillings & nine pence, of the £5384 from Maj John
Gillman one of the Trustees for Excha that Money and the
S'^ John Gillman is hereby Discharged of the S'' Sum of
£53 : 8: 9 James Jeffry CV ass'"
Report of auditing committee.
[See Journal of General Assembly, p. 199.]
[p. 29.] The house adjourned to thursday JanMhe 6"^ 1725
Thursday Jan"" the 6^^ 1725 The house met according to
adjournment all psent as yesterday and Cap' Downing Wcnt-
worth <fc Eastman
414 PROVINCE OF NEW-HAMPSHIRE. [1726.
In the house of Representatives.
The answer to the Gover Speech as on fyle Sent u])- a
vote upon Sandy Beech Petion Entred here
Eod'" Die. In the house of Representatives
At a Rehearing of tlie affaire of Sandy beech Petition
Voted, That the Petitioners be Let off from all Charges both
of Poore & all other Town Charges relating to the Ministry
and Schools of the Town whereto they belong, and that Said
Petitioners pay fourteen pounds a yeare to the Island of New
Castle towards the Support of the Ministry There During
the Continuing of the reverend m"^ William Shurtlif in the
Ministry there, and That the Island of New Castle be allowed
and paid twelve pounds per annum out of the Excise towards
the Sallary of m"" William Shurtlif During his abode at New
Castle in the Ministry there : and that the Petitioners are
obliged to make good all former arrearages & Ingagements
[p. 80.] in the Towns whereto they belong, and that the Pe-
titioners are obliged to Maintain an able Orthodox Minister
of the Gospell at their own Charges, and that the Island of
New Castle be at liberty about a Gramer Schoole, and that
the Petitioners be and are hereby Impowered to ]\Iake Taxes
for the Maintaining theire Minister and Poore as other Towns
in this Province are
m"^ John Redman &
in^ John Sandburn
Entered theire Dissent ag' the above vote
James Jeffry CP Ass"
In the house of Representatives
Voted : That Mathew Clark of Londonderry be paid out
of the thousand Seventy Six pounds Sixteen Shillings Tax
next to be burnt for the yeare 1725 the Sum of <£4 : 4 : 6 for
Soe much of this Prov Money Burnt with his house
James Jeffry CI"" Ass"
Jan-^ (3, 1725
Eod"^ Die. In the house of Representatives
Voted : That Thomas Alden be allowed and paid out of
the Publick Treasury the Sum of <£7 : 3: 6 in full of his ac-
count for his administration to Joseph Pomfery a Souldier
Died in the Service
James Jeffry C^ Ass™
Then the house adjourned to January y® 7^^^
1726.] JOURNAL OF THE HOUSE. 415
Fryclay January the 7"' 1725 all psent as yesterday Except
Andrew Wiggans Es(f
Cap' Sam Tibbets Came this day
Eod™ Die. Voted, That Thomas Harvy be allowed and
paid out of the Publick Treasury the Sum of Six pounds for
the Entertainm* of Eleazer Davis in full of his account
James Jeffry CF Ass™
Eod™ Die. There was Bro' into the Assembly and Burnt
the Sum of Nineteen pounds lourtecn Shillings & Six pence
of the 5384 lb By Coll Mark Hunking one of the Trustees
for Exchanging that money and the Said Coll Mark Hunk-
ing is hereby Discharged of the Said Sum
James Jeffry CI' Ass™
Eod"" Die, voted that Jonathan Sandburn be allowed and
paid out of the Publick Treasury the Sume of thirty three
Shillings in full for horses Meat Corn hay &c for Cap*
Walkers Troopes.
James Jeffry CP Ass™
Eod™ Die. Voted, That m" Susannah Small be allowed
and paid out of y** Publick Treasury the Sum of 18 lb
(besides the 121b already allowed her) for house rent fire &
Candles from the 1 of S' 1723 to the first of S' 1725 for the
Councill Ass™ & Courts
James Jeffry CY Ass™
[p. 31.] Jan' 7"^ 1725
In the house of representatives
Voted, That there be the Sum of five hundred pounds
Impressed (w'** the two thousand voted this Sessions to be
Emitted for the Exchanging any Broken Bills of this Pro-
vince (Except the old red figured bills ) and that three hun-
dred pounds of it be Imediatly after printing Signed of and
put into the Treasury for that End
James Jeffry CY Ass™
nonconcurr'd
Eod™ Die. In the house of Representatives
Voted, That Coll Walton be allowed and paid £9: 10:
the Ball^ of his ac* to the Eastward in full of all Demands
for his Journy and Charges to the Eastward : and that Lang
he allowed Cen' pay —
James Jaffry CV Ass™
Eod™ Die : In the house &c
Voted, That there be signed off of the Two thousand
416 PROVINCE OF NEW-HAMPSHIRE. [1726.
pounds now ordered to be Impress'd the Sum of <£900: and
put into the Treasury for the payment of the Sundry Debts
now allowed and Due from the Province, and other contin-
gencies that may happen and that his hon"" the Liv' Governor
be Desired to Issue out warrants for the payment of what
Shall be Now allowed and unpaid
James Jeffry CI' ass™
Eod Die.
Voted That there be the Sum of X500 Impressed (with
the 2 M lb voted this Sessions to be Emitted) for the Exchang-
ing any Broken bills of Credit of this Province (of any Im-
pression Since 1715) and that 300 lb of it be Imediately after
Printed Signed off and put into the Treasury for that End
James Jeffry CP ass™
Jan-" y« 8^^ 1725 Voted : That there be paid out of the
Publick Treasury for the head of Every grown Wolfe : Killed
in this Province the Sum of thirty Shillings : besides what is
already allowed by Law Which will make the Sum of five
pounds for Every Wolfs head Killed as above
James Jeffry CP ass™
■ Then the house adjourned to Sathurday Jan"" the 8"^
Sathurday January the Eighth 1725
The house Met according to adjournment all psent as yes-
terday
[p. 32.] In the house of Eepresentatives,
Voted That Benjamin Akerman be allowed and paid out
of the Publick Treasury the sum of three pounds more than
formerly allowed him for this present yeare : but not to be
paid untill the yeare is up : and that for the future he be
allowed and paid out of y® Publick Treasury ( after this pres-
ent yeare) the Sume of ten pounds per annum for his attend-
ance on the Governor Councill & assembly
James Jeffry CV Ass™
Eod™ Die. Voted That M"" Eleazer Russell print all the
acts That are Made already and not printed that are not Ex-
pired and that arc Made Since the yeare 1721 ; and that he
be allowed and paid out of the Pul^lick Treasury the sum of
thirty five Shillings pr Sheet and So in proportion for a
Longer or Shorter Print : and that Hee Supply Each Town
in the Province w"' one gratis and that the CI"" of the Coun-
i
1720.] JOURNAL OF THE HOUSE. 417
cill be Directed to g'ive him Copies of the Said acts in force
Now, and Made this Sessions, for that end :
James Jafifrey CI'" Ass'"^
Eod^i Die In the honse &c
The Excise act read tliree times and past to be Enacted
and to Comence from this Day ; with tlie amendment that
y*' live pounds be in lieu of the Quarterly Excise according
to y*" former votes of this house.
James Jeffry CP Ass"*
Voted That the Excise of this Province be farmed to the
highest Bidder that is a Suitable Qualified pson for three
years from the Date hereof; and that the pson or psons that
farms it give Security for the payment yearely, and that a
Comittee of both houses be appointed to meet at the Court
house in Portsmouth on the lO"" of this Ins* Jan'', at ten of
the Clock in the forenoon to Let out the Same and that Pub-
lick Notifications be Set up in Every Town in the Province,
to Notifie accordingly and that nV Ephraim Dennit & Capt
Benjamin Wentworth be a Comittee of this house for that
End James Jeffry C^ Ass™
Eod'" Die. a Mess''' from the Board by m"" CP Waldron that
the aljove vote was concurr'd with and Geo Jaffrey & Sh^
Walton Esq'* were appointed from y'^ Board a Comittee for
y" End above Said,
[p. 33.] Jan-- the 8"^ 1725
In the house of Representatives,
Whereas his hon'' the Liv' Govornor hath had the whole
Goverm* as comander in Chief Still continued upon him :
Voted that his hon' be presented & paid out of the Publick
Treasury the Sum of one hundred and twenty pounds for
his Exterordinary Care and Service don in the Goverm* in
this time of the Warr James Jaffry CI' Ass™
Eod™ Die In the house of Rep
The act for Emitting of 2 M 5 C pounds past to be Enact-
ed five C of it for Exchanging the Broken Bill Imprest
Since 1715
and the assembly was Prorogued to the 11"' ap' 1726
M' Eaphraim Dennit ^
Cayj' W™ Fellows > took out their Deljentures to this Day
Coll John Plaisted )
Coll James Davis ) 4. 4.^ a ^ rr- ^
^ r, 1 rp-n . to the Same Imie
Cap Samuel Tibbets \
M' Speaker Weare to the same time
27
418 PROVINCE OF NEW-HAMPSHIRE. [1726.
[p. 34.] Mundy Aprill 11"> 172(3
The house met according to prorogation
psent m^ Speaker Weare
John Plaisted Cap* William Fellows
John Gillman John Downing
Theo Atkinson John Gillman
M'' John Redman
Eaphr'^ Dennit
A message from the Liv* Govornor pr m' Clark Waldron
that the Board Desire the house to Come up :
The Speaker and the house went up accordingly. The
house Returnd and the Liv* Govornors Speech was sent
Down
[See Journal of General Assembly, p. 205.]
A Petition of the South Parish of hampton or Hampton
Falls : that they may be Seperated from the North Parish to
make theire P'ish and Province Rates by them Selves — a vote
of the Councill That the North p'ish appeare on thursday
Next to Shew Cause (if any) why the prayer of the Petition
may not be granted
In the house of Representatives
Voted that the first p'ish of hampton be Notified to appeare
the 2'^ Day of the Sitting of the Gen" ass"".
J Jefifry C Ass™
Eod™ Die.
A Mess* from the Board that the above amendment was
concurrd with.
Eod™ Die. In the house of Representatives
Voted that m'' Theo Atkinson and m'' Ea Dennit be a
Comittee of the house to joyn. with a Comittee of the upper
house to tell over the Money that is to be Burnt at this Ses-
sion of y^ Gen" ass"\
Jas Jeffry CP Ass"
Eod'" Die.
A Mess* pr nV Clark "Waldron that the aljove vote was con-
curd w"\
and That Richard Wibird & Jotham Odiorne Esq" are ap-
pointed from the Board to joyn with the Comittee above for
that end.
[p. 35.] Eod"^ Die. In the house of Representatives
Voted That m'^ Theo Atkinson & Cap* W^ Fellows be
a Comittee of this house to joyn with a Comittee of the up-
1726.]
JOURNAL OF THE HOUSE. 419
per house to Draw up a Congratulatory address to his Most
Gracious Maj"'' on his happy return to his Kingdom of Great
Brittaine.
James Jeifry, CP Ass™
A Message from the Board pr uf Clark Waldron that the
above vote was concurrd with and that Geo Jaffry & Tho''
Westbrook Esq'* was appointed at the Board to joyn for the
End above said.
Then the house adjourned to Tuesday api-^ the 12"* a. m.
Nine of the Clock.
Tuesday Aprill 12*^ 1726 a. m.
The house met according to adjournment all psent as yes-
terday and m'' John Sandburn A Petition of the Selectmen
of the Town of Londonderry to be Excused from i)aying
Rates and Sending an assembly [man] for Said Town, Excus-
ing themselves for that theire Charter gives them liberty for
Settlement three yeare after the Warr ceases the Petition was
read and the Charter Demanded & time given to bring it in.
Then the house adjourned for two hours p. m.
Tuesday ap' 12^^ 1726 p. m. the house met according to
adjournment all Psent as in the morning
Then the house adjourned to Wednesday y'^ 13"^ 1726 a. m.
"Wednesday aprill the 13*'' a. m. The house met accord-
ing to adjournment all Psent as yesterday and Andrew Wig-
gans Esq'
In Councill aprill 12'^ 1726
Upon Reading y* Londonderry Petition & Considering y°
Reasons therein assigned to Enforce the Prayer thereof voted
that the Town of Londonderry be Excused from Sending a
Representative to y® Gen" ass'" & Exempt from the Province
Tax till farther order
R Waldron CP Councill
ap' 13"* in the house of Representatives,
read & Nonconcur' d
Jas Jeffry CI' Ass"*
[p. 36.] In the house of Representatives
Voted — That the Town of Londonderry pay Sixty pounds
In a thousand to the Province Tax this yeare
Sent up for Concurrence James Jeffry CI"" ass™
The house adjourned for two hours p. m.
420 PROVINCE OF NEW-HAMPSHIRE. [1726.
Wednesday ap' 13* 1726 : The house met according to ad-
journment A. M. all Psent as in the morning
the Londery vote Return'd and noncurr'd
The house adjourned to thursday ap"" 14'*" 1726 a. m.
Thursday ap"^ 14*^ 1726 a. m. The house met according
to adjournment all Psent as yesterday
Whereas Samuel Eastman Esq' Late the Represent^ for
the Town of Kingston (in this assembly) is Lately Deceasd
and alsoe m'' Benj^ Wentworth Late one of the Representa-
tives for the Town of Dover in this assembly is alsoe Lately
Deceased Ordered that m"^ Speaker Weare Issue out his war-
rants to the Sherrif of this Province, to Issue his prcept to
the Select men of the Towns of Dover & Kingstown to make
Choice of a Representative in each Town : in the Roome of
Sam" Eastman Esq' and M"" Benj'^ Wentworth Deceased to ap-
peare at the assembly to Represent Said Towns at the Next
Sessions
James Jeffry CI"" ass™
the house adjourned for two hours p. m.
Thursday ap' 14"> 1726 p. M.
The house met according to adjournment all Psent as in
the Morning
Eod™ Die. In the house of Representatives,
Voted — the consideration of the Sandy Beech Petition be
referred to the next Sitting of the Gen" Ass°^
James Jeffry CI"" Ass"^
[p. 37.] Eod-" Die. a Petition of Eliphalet & Tristam Cof-
fin praying an Entaile of Certaine Lands In the Town of
Dover Given them by theire Grandfather Peter Coffin Late
of Exeter Esq' Deceased by his Deed Dated the 25 of Dec'
1695 and upon reading the Said Petition & Seing the Intent
of the Said Peter Coffin in another Deed Dated 24"' 9' 1714
that he intended a fee Simple Therefore a vote past that for
preventing of Disputes hereafter : that an act be past that
the Lands in Sd Deeds Shall be an absolute fee Simple in
Tristam & Eli})halet Coffin — and a Bill was Bro^ in read and
past to be enacted.
The Sandy Beech Petition being in Dispute whether it
Should pas with the amendments on the vote of the Coun-
cillj and the house consisting then of Eleven members pres-
17-2G.] JOURNAL OF THE HOUSE. 421
ent, five were for jiassing on it with the amendment & five
ag' it and y" it rested with the Speaker to Determine the vote
who tooke time to consider thereon till the Next Morning &
then the house adjorned to fryday y*^ 15'^' ap'' 1726.
Fryday ap"" 15'^ 1726 a. m. The house met according to
adiournmcnt all Psent as yesterday
Eod'" Die. In the house of Representatives,
Voted — That three of the members of this house waite
upon his lion"^ the Liv' Govornor, to assist at the Ratification
of the Peace with the Indians at Casco in y® behalfe of this
Province when the Time may be Settled
and that m' Speaker Weare m'' Theo : Atkinson & Maj"^
John Oilman are the Psons chosen out of this house for that
Service :
James Jefifry CP ass'"
A mess^ pr m^ Clark Waldron that the above vote was
Concurrd w*'^ and that Geo Jaffrey Coll Sh=* Walton & Rich-
ard Wibird Esq^ be a Comittee from the Board to Joyn the
above Comittee for y*^ End —
[p. 38.] In Councill ap-" 15"' 1726
Voted — That George Jaffrey Estf & Richard Wibird Esq''
be of the Comittee of audit from the Board to Examin the
Publick accompts to be Brought under consideration this
Sessions & to Continue auditors for the veare Ensueing
R. Waldron CI'" Concill
Eod™ Die. In the house of Representatives
the above vote read and concurrd —
and voted, That andrew Wiggans Esq'' Cap* William Fel-
lows & m" Theo atkinson be of the Comittee of this house
to Joyn with the Comittee above tor that end —
James Jeffry CI"" ass™
Eod'« Die.
an acct of what money of the old Impression was Bro' in
& Burnt Bv the Comittee appointed to Examine the Same of
the 5381 lb Bro^ in by Coll Dunking £12:19:6
Coll W^eare <£82 : 1 :
R. Wil)ird Esq-- £39 : 5:3
CollPlaistcd £12:10:6
£146: 16: 3
Eod™ Die In the house of Representatives,
422 PROVINCE OF NEW-HAMPSHIRE. [1726.
Voted That each of y* above psons are Discharged of the
Sums as above Carrjed off ag* theire hands.
James Jefifry CP ass™
Bro* in from M"^ Treasurer Penhallow of the Last years
1076: 16 Tax £738:17:3
We whose Names are hereunto Subscribed have told over
y® above Sums of Money from the above mentioned psons &
find the Sums to be as above
R. Wibird Theo Atkinson
Jotham Odiorn Eaphr^ Dennit
The act for taking of an Entaill on Some Lands in Dover
belonging to Eliphalet Coffin & Tristam Coffin was read
three times and past to be Enacted
Then the house adjourned for two hours p. m.
[p. 39.] Fryday aprill 15*" 1726 p. m. The house met ac-
cording to adjournment all psent as in the morning
Eod'" Die. In the house of Representatives
Voted That the Treasurer Supply his hon*^ the Liv' Gov"^
& Those Gen*^ appointed to waite on him to Casco to Ratify
the Peace with the Lidians with the Sume of Twenty pounds
to be used at theire Discretion for a present to the Indians
Jam^ Jeffry CI' ass™
Eod™ Die. In the house &c
Voted that the Treasurer Supply his hon' the Liv* Gov-
orner & those Gen* appointed to waite on him with all Such
Necess^ as may be by them Tho' convenient for theire stores.
James Jeffry CI"" ass™
A Message from the Board pr Geo Jaffrey Esq"" & m""
Clark Waldron that his hon"' the Liv*- Govern"" adjourned this
assembly to tuesday the 26"' Ins*
James Jeffry CP ass™
Tuesday ap' 26 : 1726
The house met according to adjournment
psent m"^ Speaker Wcare
John Plaisted J Capt W™ Fellows
James Davis > Esq" John Downing
Andrew Wiggans ) John Gillman
M^ John Redman
John Sandburn
Cap* Sam" Tibbets
m'' Eaphraim Dennit
Theo Atkinson
1726.] JOURNAL OF THE HOUSE. 423
m'^ Sherif Gambling made return of the precepts given for
Kingston & Dover : and that Cap* Paul Gerrish was Legally
Chosen a Representative for the Town of Dover in the roome
of Cap* Benjamin Wentworth Deceas'd and that m"" Ebenezer
Stephens was chosen at Kingston in y^ Roome of Samuell
Eastman Esq'' Deceas'd
[p. 40.] Cap* Paul Gerrish and nV Ebenezer Stephens were
presen'^ the Board to be quallified as Me'bers of the lower house
Which was accordingly Don and they return'd and took their
places.
Cap* Paul Gerrish
m'' Ebenezer Stephens
Then the house adjourned to "Wednesday the 27 a. m.
Wednesday aprill 27'*" a. m. 1726
The house met according to adjournment all psent as yes-
terday —
Eod"^ Die In the house of Representatives,
Voted, That Coll John Plaisted & Cap' W™ Fellows be a
Comittee of this house to answer the Liv' Gov'' Speech
James Jeffry Clr
Eod™ Die. The above Comittee made return of the answer
which was accepted
Then the house adjourned for Two hours p. m.
Wednesday ap'" 27"' 1726 p. m. the house met according to
adjournment all psent as in the morning —
Eod™ Die In the house of Representatives,
Voted : That leave be given to Bring in a Bill for the
Chusing an assembly once in three years — It past in the
affirmative
James Jeffry CV ass™
Eod'" Die.
In the house of Representatives
a vote past for Sandy beech Petitions to be a p'ish by the
name of Rye &c & Sent up —
James Jeffry CV ass"
Then the house adjourned to Thursday y® 28"^ ap"" a. m.
Thursday aprill 28*^, 1726 a. m.
the house met according to adjournment all psent as yes-
terday
424 PROVINCE OF NEW-HAMPSHIRE. [1726.
[p. 41.] A Message from the Board pr John Frost Esq'',
with a Coppy of a letter Liv*^ Gov'' Dumer Sent the Eastern
Indians appointing the Ratification of the Treaty with them
to be on the 20th of June next at Fahuouth : Tho the In-
dians Desire it might he at Pemaquid
Eod™ Die. In the house of Representatives
Voted : That Samuell French be allowed and paid out of
the Pul)lick Treasury Eight pounds Sixteen Shillings in full
of all Demands on his accompt for Doctor Halls curing him
of a Shot wound, & Diet & Lodging the Said Sum being in
full for all Demands
James Jeffry CI'' Assembly
a Mess^ pr m'' Waldron
that the above vote was concurr'd with
Eod'^^ Die In the house of Representatives
Whereas there was a vote of the Gen" assembly May the
28, 1720 That the Treasurer Should pay twelve pounds pr
annum out of the Town of Gospert Province Rate to the
Town of New Castle :
Voted : That the Said twelve pounds for the future be
paid into the Publick Treasury for the use of the Province.
Ja^ Jaffry CP ass'"
Sent up & Concurr'd :
Eod'" Die. In the house of Representatives,
The vote : for Sandy Beach Petitioners : after Severall
amendm'^ was voted and Sent up and Now to be Named the
P'ish of Rye ;
aprill 25^" 1726 ; an accompt of the men y^ was Mist & not
Entred in Capt John Gillmans Muster Roll in y® yeare 1725
Samuell Elkins :
10
days
£-:
14:
4
John Rowlins
7
£-:
;10:
Moses Norris
5
£-:
7 :
2
John^ Glidden
16
£1:
2 :
10
John Mugget
15
£1:
; l":
5
Joshua Norton
28
£2:
; — :
Elnathan Damn
25
£1:
•10:
£7:05: 9
In the house of Representatives
Voted y* y^ Severall psons above named be alloAved and
paid out of y" Publick Treasury y* wages Sett off"
Sent up & concurrd James Jeffry CV ass"^
[p. 42.] The house adjournal for Two hours p. m.
1726.]
JOURNAL OF THE HOUSE. 425
Thursday aprill 28^'' 172G p. m. the house met according
to adjournment all psent as in the morning Except m' Tlieo
atkinson
Eod" Die. In the house of Representatives
Voted, That the records of Deeds for the Province of
New hampshire be constantly Kept at Som convenient house
in the Bank in Portsmouth, and alsoe voted That Coll Mark
Hunking Esff be the recorder of Deeds for the Province of
New hampshire for three years from the Tenth day of May
next James Jeffry CI"" ass™
Sent up and Concurrd with,
Eod'" Die. In the house of Representatives,
Voted, That the Recorder of Deeds & conveyances for
this Province Shall take Recording Each Deed & Mortgage
or conveyance, after the rate of one Shilling pr page for
Each page of Eight and Twenty lines in each page & Eight
words in a line & Sixpence for his attestation & no More
on the Penaltie by Law Provided :
James Jeffry CI'' ass"
Sent up & concurr'd.
Then the house adjourned to Fryday aprill 29, 1726.
Fryday aprill 29 1726 a. m.
The house met according to adjournment all psent as yes-
terday morning.
Eod°^ Die. In the house of Representatives
Ordered, That m"' Treasurer Penhallow Bring in the
1076"^ 16' Province Tax for the yeare 1725 to be Burnt and
alsoe bring his accompt to the auditors appointed to Examine
them y* they may be Past upon. Sent to the Treasurer by
one of the members.
James Jeffry Cle"" Ass'"
Then the house adjourned for two hours r. m.
Fryday ap-" 29 : 1726 p. m.
The house met according to adjournment all psent as in
the morning
[p. 43.] In Councill aprill the 29**' 1726
Voted : That m^ Richard Waldron Clerk of the Councill
and nV James Jeffrey Clark of the assembly be a Comittee
to Examin all y* files and books of Laws of this Province
that are not printed & Revise them that are already printed
& make report to the Gen" assembly, at theire Sessions in
426 PROVINCE OF NEW-HAMPSHIRE, [1726.
the fall of Such as may be proper to be printed & Repealed
That there may be a more Compleat Body of Laws compiled
& Impressed, for which they Shall receive out of the Treas-
ury the Sum that they may be agreed with for
Rich'i Waldron CP Con
Bod"* Die read in the house
Then the house adjourned to Sathurday aprill 30"^
1726 A. M.
Sathurday Aprill 30 : 1726 a. m.
The house met according to adjournment all psent as yes-
terday
Eod"" Die. In the house of Representatives,
The voate of the Councill of the 29**" Ins'^ for Reviseing
the Laws was Read and Concurd with ; with this amend-
ment. That those Laws that Shall be Bro' into this assem-
bly by the Said Comittee & approved of By the Gen" assem-
bly, & ordered by them to be Printed, as alsoe the Laws that
Shall hereafter be made & ordered to be printed by the Gen"
assembly of this Province, shall be the only laws Pleadable and
in force within any Court in this Prov, and no other (Except-
ing where the Statute or Comon Law of England ought to take
place James Jeffry CP asm
In Councill Eod"^ Die
Read & Concurrd Richard Waldron CP Con
Bod"* Die In the house of Representatives
Whereas the Boundaries of this Province have been long
depending & yet not Setled, which is very much to the Dam-
age of this his Maj''^^ Goverment Especially in as much as
the Goverment of the Massach'* have lately Disposed of &
Laid out considerable Quantities of land which is Supposed
to be farr within the bounds of this Province and are about
granting more of the Said Land which is a very Great
Griveance &c
[p. 44.] Voted, That there be Instructions Drawn up Set-
ting forth y'' Said Grievance praying that his Maj"'^ may be
adressed to Signifie where the Lines of this Province Shall
be : for length and Breadth in more certainety than Ever
was yet Don & that the address be forwarded to m^ agent
Newman to be presented to y* King : & Tliat m"" agent New-
man have one hundred pounds this Money Sent him for the
1726.] JOURNAL OF THE HOUSE. 427
Same and other his good Services — and that Cap* William
Fellows tfc m' Tlieo atkinson be a Comittee of this house to
Joyne with a Comittee of the upper house to Draw up the
address and Instructions for m'' agent Newman concerning
it. James Jeffry CP ass™
Eod" Die In the house of Representatives :
Ordered That the Grand Comittee for the 15 M pounds
Imediately Set up Notifications on the Fublick meeting
houses throughout the Province requireing those Psons that
has taken any of that money : before the Next fall Sessions,
to Comply w*'' the act relating to that Money : or otherwise
the Law to be put in Execution ag' them : and that a Coppy
of this voate be Set up with tlieire Notifications
James Jeffry CV ass'"
Sent up and Concurrd
Eod™ Die. In the house of Representatives
Ordered — That the Plates for Impressing the paper Bills
of this Province be Brot in & Delivered Coll Plaisted (from
whome they were taken) for the use of the Province & for
the Safe Keeping thereof
James Jeffry CV ass™
Sent up & Concurrd :
March f 26, 1726 : m^ Treasurer Penhallow Dr to £900
to be rec*^ from the Comittee for Signing the new money of
the Last Impression as pr his rec. aprill 4*" 1725 :
Do Dr to 300 lb of the Same Impression for Exchanging
the Broken money as pr rec ap"" 4: 1726 :
Eod™ Die. Voted — That there be a Precept Sent to the
Town of New Castle to Chuse a meet Pson to represent the
Pish of Rye in the fall Sessions
James Jeffry CI"" ass™
[p. 45.] ap^ 30^^: 1726 A. M.
Whereas his hon"" the Liv* Governor hath had the whole
Goverm* as Comander in Chief Still continued upon him
Voted — That his hon'' be presented and paid out of the
Publick Treasury the Sum of one hundred pounds for his ex-
terordinary Care & Service Don
Sent up James Jeffry CP ass™
428
PROVINCE OF NEW-HAMPSHIRE.
ri726.
Allowances Made ap' 30"i 1726 by the Coinitte of audit
John Wentworth Jun''
£6 14 1
■
John Peacock
£6 9 4
Mark Hunking
Benj'' Rust
£9 17 8
Geo JaflFrey
Q
John* Sandburn
£1 10
O
Idem
£2 17
► W"^ Fellows
^§-
Idem
£1 16
Theo Atkinson
Idem
£3 6
(0
to m"" Eaphraim
Dennit
& Geo Jaflry
£1
.
Eod™ Die. In the house of Representatives
The Report of the Comittee of audit That there is Due to the Prov-
ince on the Ballauce of m'' Treasurer Penhallows accompts £201 : 9 : 1
Mark Ilunking I W^ Fellows
Richard Wibird | Theo : Atkinson.
and likewise G hh''"^ bread & 2 bb of Pork am** to £01.
Then the house was adjourned hy his hon"' the Liv* Gov-
ernor to Wednesday May IS^*" 172(3.
Wednesday May 18*'^ 1726 :
The house met according to adjournment
Psent Mr, Speaker Weare.
John GiUman ^
Andrew Wiggans ! ^
James Davis [ ^
John Plaisted J
W™ Fellows
John Gillman
John Sandburn
John Redman
M'' Eaph Dennit
Eben Stephens
Cap' John Downing
Sam Tibbets
Paul Gerrish
Theo Atkinson
The house adjourned to Thursday May the 19, 1726
A. M.
[p. 46.] Thursday May 19"^ 1726 a. m.
The house Met according to adjournment all Psent as yes-
terday
Eod'i^ Die.
allowances Made to Edward Hall & Seven men Six Dayes
John Wentworth Jun'
John Peacock
Benj* Rust
A Muster Role Signed John" Sandburn 10 men 3 days
Idem 19 men 3 dayea
£6 2
£6 14
£9 9
£9 17
£1 10
£2 17
£1
16
£3
£1
1726.] JOURNAL OF THE HOUSE. 429
Idem 12 men 3 dayes
Idem 22 men 3 dayes
to Geo JafFrey & M'' Ea Dennit for letting y*^ Excise
42 12 6
• Sent up and Concurred
Then the house adjourned for two liours p. m.
Thursday May 19"" 172G p. m. the house met according to
adjournment all Psent as in the morning three Bonds of m""
Clem* llugheses for the Excise was Comitted to the Clark of
the assembly for the Safe Keeping them
Eod"" Die. In the house of Representatives
Voted— That Coll Walton Maj-- John GiUman John Frost
Esq'' and m"" Theo Atkinson, be allowed & paid out of the
Publick Treasury, for theire attend'' on the Gov"^ at the In-
dian Treaty at Boston the Sum of five pounds Each — Con-
curr'd
James Jeffry CI' ass™
The house adjourn'd to Fryday May 20*'' 1726
Fryday May the 20«' 172G a. m.
the house met according to adjournment all Psent as yes-
terday Except Capt Tibbets
Eod™ Die. In the house of Representatives
Voted — That m"' Speaker Weare put the Bonds : for the
1730 lb of the Province Money now at interest in Severall
Psons hands in Suit ag' them unless they pay y® Interest
thereof before the first Day of October next & y* y® Treasurer
Supply with money for carrying on any Suit y*^ may be co-
menced ag* any Pson for the Same
Ja^ Jeffry CI'' ass""
vote returned
[p. 47.] Then the house adjourned for two hours p. m.
Fryday May the 20*^ 1726 p. m.
the house met according to adjournment all Psent as in
the morning
Eod™ a vote for payment of Seven pounds twelve & ll*^ Ex-
pence of the Comittee to Londonderry to be paid m"" Theo
Atkinson — concurr'd
Eod"' Die — an allowance to the Comittee theire men & horses
am° to 21, 5, to be j/ m' atkinson Concurrd
Eod"" Die. In the house of Representatives
430 PROVINCE OF NEW-HAMPSHIRE. [1726.
Voted — That there be an act Drawn up for the holding an
Inferiour Court of Comon Pleas, and Court of Gen" Quarter
Sessions of the l*eace at Hampton in the Month of March
annually and the like at Exeter in the Month of June and
the like at Dover in the month of Sept and that there
be a Court house and Prison for the use of the Town &
Province Built in Each of the afore Said Towns at y® most
convenient place to be agreed upon by a comittee appointed
by the Gen''- assembly for that end, and that each Town pur-
chase the land for Said houses & Prisons & Conveniences for
the Same
and that there be two thousand pounds forth with Impresd
for the Building the Said Court houses & Prisons and a State
house at Portsmouth : four hundred pounds to Each of the
first three Towns and eight hundred pounds for the Town of
Portsmouth : all to be put into the treasury : and Drawn out
by order of the Comittee to be appointed to agree for the
Building Said State house. Court houses and Prisons & In-
specting y" Building : and y' y* Diementions of the Said
houses Each of them to be agreed upon, & then let out to
Skillfull & Proper workmen that will do the work Cheapest
and that no Comittee exceed foure Psons
James Jeffry CP ass™
Sent up : y* above Bro* w*^ a mess* y* y® 400 lb was to
much but y* 3001b in Each of 3 Towns would be En°
May 21 Sent up by three messengers & prayed y* y*
above vote might ly till next Sess^ w'^'^ was granted
Then the house adjourned to Sathurday May the 21 : 1726.
Sathurday May the 2P^ 1726 : a. m.
The house met according to adjournment all Psent as yes-
terday & Cap* Tibbets
[p. 48.] In the house of Representatives
Voted — That there be Signed off of the two Thousand
pounds last printed the Sume of Eight hundred pounds and
put into the Treasury for the payment of the Sundry Debts
Now allowed and remaining Due from the Province & other
contingencies that may happen and that his hon'' the Liv*
Governor be Desired to Issue out Warrants for the payment
of what is yet unpaid
Sent up & Concurrd James Jeffry CI'' ass""
May 21, 1726 In the house of Representatives
1726.] JOURNAL OF THE HOUSE. 431
Y.oted, That the Comittees Instructions to m'' agent New-
man be accepted with these amendments, viz That the words
begining in the thirteenth line to the End of the Sixteenth
line which are in these words (as theire felling & Destroying
great Numbers of the pine Trees fitt for Masting his Maj"*^*
Royal Navy much within our Supposed North*"^^' bounds &c)
be expunged out of S*^ Instructions and in the Roomc thereof
These words be Inserted their Ratcing & Destraining upon
Sundry psons living four or five miles to y*^ North of Merry-
mack River that live as wee Suppose mutch within the
Bounds of this Province according to the Bounds mentioned
in our Governors Royall Comiss"'' by his Maj"® to him Granted
Sent up & concurred Ja* Jeffry CI"" ass*"
Eod™ Die In the house of Rep''
AYhereas his hon"" the Liv' Governor hath had the whole
goverment as comander in chief Still continued upon him
and been at Exterordinary Charges, voted. That there be
paid out of the Publick Treasury, as an additional present to
what was Last Given him, the Sume of twenty five pounds.
James Jeffry CI"" ass'"
a vote for his hon"" to agree with five psons to Survey the
lands at the head of Barrington & the Pond : to know how
to Lay out y'' New Towns & that he Direct them and the
Charges paid by the Petition""*
Sent up & ConcurrVl Ja^ Jeffry
Voted, that there be paid out of the Publick Treasury the
Sume of Seventy Seven pounds ten Shillings to m"^ Clark
Waldron for the Last years Service and w* he was Short
paid before, and that m"" Sherrif Gambling be p** fifteen pounds
for his Service in full being in war time
Seiit up
[p. 49.] In the house <fcc
Voted, That the £1730 lb that is now in Severall psons
hands for which they have given their Bonds, be paid into
the Treasury in Bills of Credit, on this Province, or if they
Shall Desire to Keep the Severall Sums of money they now
Stand indebted for That then they or any of them Shall
Give such further Security as Shall be approved of by the
Gen'^ assembly & that the Interest now Due on the Said
Bonds be rec'' by the Treasurer at 2 <t |^ pr ct pr annum &
that the Tenor of the Said Bonds be at 2 & ^ pr ct pr anntim
for the future —
James Jeffry CP ass™
432
PROVINCE OP NEW-HAMPSHIRE.
[1726.
The house was adjourned to j^ 9*** of O'' Next
Delientures taken out to this Day
Cap*^ John GiUman
Maj"^ John Gilhnan
ni"" John Redman
John Sandburn
Cap* Benj* Wentworth
Andrew "Wiggans Esff
[p. 50.] Monday 9'"-21** IT 20 : The house met accordmg
to prorogation by Proclamation
psent
m'' kSpeaker Wcarc
John Plaisted
James Davis
John Gilhnan
Andrew Wiggans
Cap* John Downing
John GiUman
Paul Gerrish
Samuel Tibbets
William Fellows
> Esqrs m"" John Redman
John vSandburn
E{)hraim Dennit
Theodore Atkinson
Ebenezer Stephens
Richard Jennes
M^ Speaker Sent a Message to the Bowrd to Signifie that
there was a house
A message pr m'' CV Waldron that it was his hon'* plea-
shure that m'' Speaker and the house attend at the Councill
Bowrd : m"" Speaker & the house went up according
His hon"" made a Speech to the house : of which the Speaker
Desired a Coppy : and then the house Return : and ye Speech
was Sent Down: and read in the house(')
Eod™ Die. m"" Sherif Gambling made Return of his pre-
cept to New Castle for the Choice of a Representative for the
P'ish of Ry : there being Som Defect in his Return it was
Sent to him to amend it
The the house adjourned to Tuesday the 22*^ a. m.
[p. 51.] Tueday 9^ 22: 1726 a. m.
The house met according to adjournment all psent as
Entred.
Eod"^ Die The house proceeded to admit m'' Richard
Jennes an assembly man for Ry according to the Return
There being a ]\[otion Made that his Election was not Con-
sonant to the act Relating to the Town of New Castle &
(i) This Speech is not found on record or on file.— Ed.
172G.] JOURNAL OF THE HOUSE. 433
pish of Rye : the act was sent for to bo Bro^ in in the after-
noon : and that the pties appeare and Make ont their allega-
tions : whether he was legally Chosen or Noe
Eod™ Die In the house of Representatives
Voted, That Andrew Wiggans Escf Cap' William Fellows
& m"" Theodore Atkinson be a Comittee of this house to
answer the L* Gov" Speech
James Jeffry CF ass"^
Eod"^ Die
M'' Clark Waldron bro* Down a letter from m"^ Agent New-
man : which was Read in the house
a Mess""^ was Sent to his hon^' y*" L* Gov"" to pray a Coppy
of M"^ Newmans Memorial &c which was Sent &, read : &:
Then the house adjourned for two hours p. m.
Tuesday Q'— 22'^ 172G p. m.
The house met according to adjournment all psent as in
y® morn
Eod"^ Die a Mcss''' from the Board pr m'' Cle'' "Waldron that
his hon'' and the Bourd was Ready to hcare the hampton
falls Petition & Desier'd the house to Com up,
accordingly the house went up : and the Delegates on both
Sides were heard
Eod'" Die In the house of Representatives
The Matter of the Election of M' Richard Jennes Came
on : the precept & Return Read : & Coll Walton & John
Frost Esq''* Complained that the Election was not Legall as
they ThoS and a paper was product and was read, but it not
being Signed by any body the house [p. 52] rejected it and
it being put to the vote in the house whether Legally Chos'n
or not It past in the affirmative
and being voted Legally Chosen he was Bro* into the house
& presented & accepted :
Eod"^ Die. M"" Theo Atkinson Complained to y*" house y' he
was answered verry affrontingiy while he was Debateing in
the house by Some one under the windows (which he Sup-
posed was m' Justice Odihorn : the house Sent for m'' Jus-
tice Odiorn : who came into the house & Decla'' that what
he Spoak was not Designedly don to affront any Member ot
this lion'''® house : & that was the linall end of that matter.
Then the house adjourned to Wednesday 9" y'= 23** 1726
A. M.
28
434 PROVINCE OF NEW-HAMPSHIRE. [1726.
Wednesday 9-^ the 23'^ 1726 a. m.
the house met according to adjournment all psent as
Entred
Eod"* Die. a Mess^ from the house to the Board y* there was
a Member for the p'ish of Rye to be Qualified and M'' CF
Waldron Richard Wibird & archi Mac'p Escf^ was Sent Down
to adm"^ the Proper Oaths to y*^ Said Member : which being
Don the Said Richard Jeiines was admitted to his place as a
Member of the Gen" ass"*.
Eod'" Die In the house of Representatives
The Hampton Petition being Read : & put to vote whether
the prayer thereof Should be Granted ;
It past Nem Conf That y* part of tlie Petition relating to
the p'shes being Seperate for the payment of y® Ministers
Should be granted
& y*^ vote Entred y® Last this Sessions & y" it was Sent up
Then the house adjournd for 2 hours p. m.
[p. 63.] Wednesday Q' 23*^ 1726 p. m.
The house met according to adjournment all psent as in
the morning
Eod™ Die In the house of Representatives
Voted : That m'' Ephraim Dennit m'' Theo Atkinson &
Cap* W™ Fellows be of the Comittee of this house to Joyn
with a Comittee of the upper house to tell over the money
Bro' in to bo Burnt this Sitting and to make Return to the
ass™ James Jeffry CP Ass>^
A Mess'^ from the Board pr nv CP Waldron that y^ above
vote was concurr'd with and that R Wibird J Odiorn & Ar
Mac'p Esq" was Chosen by the Board to Joyn with the above
Comittee for that End
Then the house adjourn'd to thursday the 24"^ Ins* a. m.
Thursday 9' 24*'^ 1726 a. m.
The house met according to adjournment all psent as
Entred for the day
A Memoriall of M'' John Hobby Son and heir at Law to
S-- Charles Hobby : Relating to a Right bo* by the Said S'
Charles of m*" Thonjas Allen was read ; and the CP Sent to
the Said Hobby for the Deed that alien Gave : which was
alsoe Bro* into the house : and then the house Sent two
1726.] JOURNAL OF THE HOUSE. 435
messengers to Dcsicr a Conference with the Board in the
afternoone
Then the house adjourned for 2 hours i\ m.
Thursday O' 24 p. m, ; the house met according to adjourn-
ment all psent as in the morning Except nY atkinson & mJ
Fellows
Eod"^ Pie A Message from the Board pr G Jaffrey & R
Wibird Esq™ with an answer to the Desier of the house in
the morning for a Conference on m"" Hobbys Mem'. It was
his Pleas'' that the house attend at the Board on that affaire :
Then m"" Speaker and the house went up accordingly & had
a Conference & returned : and then the house adjourned to
fry day d' 25'^ a. m.
[p. 54.] Friday 9^ 25*'* 1726 a. m.
The house met according to adjournment all psent as
Entred for the day
Eod™ Die an ace* of what money of the old Impression
was Bro* in and Burnt by the auditors appointed to tell over
& Examine the Same of the 5384 lb by
Richard Wibird Esq-^ X77
Coll Plaisted X51
Coll Weare £55
3: 6
15: U
4: 9
184 : 03 : 41
Eod™ Die. In the house of Representatives
Voted, That each of the above psons are Discharged of
the Severall Sums above Carryed off ag* their Names
James Jeffry CI'' ass™
Then the house adjourned for two hours p. m.
Fryday 9'' 25**^ p. m. The house met according to adjourn-
m* all psent as in the mornuig
Then the auditors for accompts went out on that affaire
and the house adjourned to Sathurday the 26"^ Ins* a. m.
Sathurday 9'' 26, 1726 a. m. The house met according to
adjournment all psent as Entred
Eod'" Die. There was Bro* into the assembly of the old
monev Exchanged of the 5384 —
by George Jaffrey Esq^ £Q2: 6 : Q
CollHunking £20: 3:6
82 : 10 :
436 PROVINCE OF NEW-HAMPSHIRE. [172G.
Eod'" Die In the house of Representatives
Voted That Each of the above psons are Discharged of
the Severall Sums carryed off ag' their Names
James Jeffry CI"" ass"i
Sent up
Then the house adjourned to Tuesday 2^
2l)t" am
[p. 55.] Tuesday 9-^ 29"> 1720 : am
The house met according to adjourm' psent as Entred
nY Speaker Weare Paul Gerrish
John Piaistcd ^ Samuel Tibbets
James Davis (^ ^ ^s i^"^ John Redman
John Gillman ( ' ^ John Sandburn
Andrew AViggans j E|)hraim Den nit
Cap* John Downing Theo Atkinson
W"i Fellows Ebenez'' Stephens
John Gillman Richard Jennes
Eod"^ Die
The vote of the Counclll of the 25*'' Inst Relating to ni'
John Hol^bys Memoriall was Read and Noncurr'd
Then the house adjourned to Wednesday y*^ 30"^ a. m.
Wednesday 9^ 30"' 1726 a. m.
The house met according to adjournment all Psent as En-
tred for the day
The answer to Hobbys memoriall Entred Last of all this
Sessions.
In the house of Representatives
Voted — that Benj^ Alderman l)e allowed and paid out of y*^
Publick Treasury 25.s in fall Satisfaction for his horse when
he went to Penny Cook
Then the house adjourned to Thursday X"" P' a. m.
[p. 56.] Thursday the first of December a. m. 1726 allow-
ances Made tliis Sessions
[See Journal of General Assembly, p. 230.]
[p. 57.] Thursday y'' 1^' 1726 a. m.
The house met according to adjournment all Psent as En-
tered for the Day : and voted that James Jeffry be allowed &
17l^g.] journal of the house. 437
])'' out of the Treasury the Sum of fifteen pounds forliis Ser-
vice as Clerk of y« ass"' from 19 of 9' 1725 to y'' 19 of 1^^
1726 and for Draug^ of y** Province to Send m'' ageut New-
man J Jetfry CI"' ass'"
a vote past for Double Jurys in lioth Courts alsoe y' there
be p*^ out of y" Publick Treasury the Sum of Eleaven pounds
to Capt George Walker for his Troop of fifty five men for
four dayes pr order it being allowed y'' 5th of January Last
past but the Role was Soni how Mis laid :
Ja' Jeffry C ass'"
Eod"' Die. allowed Andrew Wiggans Estf 20s for Expences
on his Souldiers in Sudden Sellouts
Eod"' Die. In the house of Representatives
Whereas a Vote of the Great and Gen" ass'" of his Maj''''®
Province of the Massachusets l)caring Date ]\Iay 25 : 1726 :
to appoint Comiss""* to meet with Comiss'* from this Province
to adjust the line in Dispute between the Provinces, hath
been Laid before us and a Debate thereon :
In answer wee Say that This Province haveing Severall
times met with thir Comiss'"^ in order tliirto : yett not Settle-
ment Could be agreed upon, & for that the Psent vote of the
^lassachusets only offers a Settlem* of the line next to mery-
mack River : having No regard to the Northern bounds Be-
tween this Province and the Province of Maine : and wee
having l)y our agent laid before his Maj"*-' in (youncil the Dis-
])ute about both lines & his Maj''" haveing referr'd it to a
Comittee of Lords to Consider thereof and make report of
their opinion to his Maj"'^ in Councill in order to a finall
Settlement of Both the lines —
Voted that for the above Said Consideration : Wee think
it not proper to Clmse any Comiss'* the whole Matter being
Submitted to his Most Gra' Maj'''^
Eod'" Die. Allowed m'^ Elcazer Russell £7 : 14 :
a Mess^ from the Board ]ir G Jaffrey Escf that Wiggans &
Russells allowances were Concurr'd with —
a vote made for Larger allowances to y® Gov'' Councill and
assembly past & Sent up But nothing Don upon it
M'^ Jaffrey came Down with the accompt of Expences of
Powder at fort William & Mary : By which it appeared there
was but about Six bb of powder in Store
Then the house adjourned to Fryday x"^ 2'' am
438 PROVINCE OF NEW-HAMPSHIRE. [172G.
[p. 58.] Fryday x' the 2" 172G am
The house met according to adjournment all psent as
Entered for the Day
a vote past for an act for powder money : but twas bro*
Down from the Board by Some of the Councill and prayed
that the house would pass a vote for buying' powder for the
present
Then the house adjourned to Sathurday x'' 3'' am
Sathurday x"" y® 3*^ 1726 : am The house met according
to adjournment all psent as Entred
Eod°^ Die In the house of Representatives
Voted : That all the remaining bills of C"" of the two
thousand pounds Last printed be Signed off & put into the
Treasury which amounts to two hundred twenty Eight
pounds and nine pence : And alsoe that there be Signed off
tfe put into the Treasury the Sume of foure hundred forty
Two pounds Nine Shillings &. Nine pence two hundred pounds
of the Said Sum being part of the five hundred pounds last
printed for Exchanging Money : the remainder being over-
plus bills left of what was lately printed : the whole Sum to
be signed off being Six hundred Seventy pounds ten Shillings
and Sixpence : to be put into the pub*^ Treasury for the pay-
ment of Sundry Debts now allowed <fc remaining Due from
the Province : and that his hon'' the Liv* Governor be
Desired to Issue out warrants for Such payments : and for a
fund for paying the Sume of foure hundred forty two pounds
Nine Shillings & Nine pence above said Voted that it be
raised by a Tax on the Inhabitants of this Province to be
paid in in the yeare 1737 & whenBro* into the Treasury to be
Burnt to ashes in psence of the Gen'' assembly the Same to
[p. 59.] be paid in Such Species as the Gen" Assembly
Shall agree upon and that an act be Drawn up accordingly :
and that Cap' W" Fellows & m"" Theo Atkinson be of the
Comittee of this house to Joyn with a Comittee of tlie upper
house to Draw up a Bill accordingh' — part of the aljove was
Sent up & concurr'd with and then the house adjourned to
Wednesday x'' 7""
172G.] JOURNAL OF THE HOUSE. 439
Wednesday x'' the 7''' : 1726 —
The house met according to adjournment
psent m"^ Speaker Weare
John Plaisted "| Sam" Tibbets
James Davis I -p.rs i^^'^ John Eedman
John Gilhnan j '^ ^ John Sandburn
Andrew Wiggans J Ep'^ Dennit
Cap* John Downing Theo Atkinson
W'" Fellows Eben Stephens
Paul Gerrish Richard Jennes
John Gillman
The house adjourned to Thursday the 8"' am
[p. 60.] Thursday X' 8**^ 1720 a. m.
The house met according to adjournment all psent as En-
tered for the day.
Eod™ Die. In the house of Representatives
Voted — That m'' Ephraim Dennit m' Theo atkinson & m''
James Jeffry be a Comittee of this house to joyn with a
Comittce of the upper house to Examine the Late Treasurers
accompts, and to receive the Stores Sc Deliver them to the
New Treasurer when Quallitied and make return of their
Doings to the Gen'^ ass'".
Sent up.
James Jeffry CP Ass"'
a ^Mcss'"^ from the Board pr irf CI"" Waldron that y" above
vote was concurred & that Richard Wiljird arch' Macphedris
& J Odiorn Esq''® were app'^ a Comittee to joyn with the
above for that end.
Then the house adjourned for two hours p. m.
Thursday X'' 8*^ p. m : the house met according to adjourn-
ment all psent as in the morning.
Eod'" Die. In the house of Representatives,
Voted, That no Law be pleadable in any Court of this
Province Except Such as are in Print & Is under the Seal of
the Province : only where the Statute Laws : or Comon
Law ought to take place.
James Jeffry CI"" Ass™
Then the house adjourned to fryday X'' the 0"' a. 3I.
440 PROVINCE OF NEW-HAMPSHIRE. [172G.
Fryday X"^ the O'*" 1726 a. m. the house met accordhig to
adjournment all psent as entered for the Day.
a vote passed in the house for holding Some of the Courts
at Hampton Exeter & Dover But Nothing Don upon it.
A Mess'' was Sent up pr m'' Atkinson & Stephens to Know
what was Don on the above vote for the Laws Avho return'd
for answer it Lay under consideration.
[p. 61.] In the house of Representatives
Yoted — That there be a Bill or Bills of Exchange to y«
valine of fifty pounds Sterling purchased and Sent i\f agent
Newman : for Carrying on the affairs of y'' Lines Between
this Province and the Province of y*^ Massachusets Govern-
ment and that the Sum of one hundred and fifty pounds be
paid out of the Publick Treasury for purchasing Said Bill of
Exch* or what more it will purchase.
Sent up. James Jeffry Ch ass"*
a Mess-'' })r m"^ Ch' Waldron that the above vote was concurr'd.
Eod'*^ Die. M'' John Knight Diet for thirty Nine Men four
days Scout.
and Samuell Sherljurne Blacksmith allowed Nine Shillings
and Nine pence for Iron work for y® Prison and Samuell
Shackford allowed thirty three Shillings in full of his ace' for
work Don fn- the Prison.
Then the house adjourned for two hours p. M.
Fryday X' 9"' p. m. the house met according to adjournment
all psent as in the morning.
Eod™ Die. In the house of Representatives
allowed Bcnj^ Rust Sixteen pounds for house rent .fire and
Candles for the Last yeare from the first of octolier 1725 to
the 1** of S"" 1726 twenty Shilling being included for the
great price of fire wood
a vote past for the Towns to Choose Jurymen past & Sent
up : and return Non concurrd Nem Con'.
Then the house adjourned to Sathurday X'' 10"' 1720 a. m.
[p. 62.] Sathurday X-" 10*" 1726, a. m.
The house met according to adjournment all psent as en-
tered for the day.
Eod™ Die. allowed Samuel AVeeks twenty foure Shillings
in full of his acc^ for Timber for the Prison.
Eod™ Die. In the house of Representatives
Voted — That the Comittee appointed to Examine the Late
172o.]
JOURNAL OF THE HOUSE.
441
Treasurers accompts That what Mone^' or Stores are found
to be in tlic Late Treasurers hands upon accompting with
the above Oomittee they Shall receive and Deliver to the
New Treasurer George Jaffrey Estf & he to receive the same
& give his receipt : and what money is to be l^urnt Shall be
Burnt by the said Comittee & the Councill & Representa-
tives in and about the Town of Portsm° or Sealed up and
given the new Treasurer to be Burnt tiie Next Sitting of the
Gen" assembly & that the Said Comittee Shall Discharge the
Late Treasurer for what they receive.
James JelTry Cl^ Ass'"
Eod" Die In the house a'c
Voted — That the Same Comittee that was appointed to
write m"' agent Newman : be now againe Desired to write
him and thank him for his Service and pray his further pru-
dent Care Relating to the lines & Stores for Fort Wil-
liam and Mary with what further Directions they Shall think
most proper & psent it to the next assembly for approbation.
Sent up. Ja's Jeffry Cl^ x\ss™
Eod™ Die. a IMess'' that the al)ove was Concurrd and then
the house adjourned to Wednesday X'' the 14"' 172G.
[p. 03.] W^ednesday X-" the 14"^ 1726.
The liouse met according to adjournment psent
John Plaisted
Andrew ^Viggans \
Escf
Cap* John Downing
W Eph™ Dennit
nf Theo atkinson
The Liv* Gov^ adjourned the assembly to Thursday X"" the
15*^' 1720.
Thursday X^ 15*" 1726
to adjournment psent
nf Speaker Weare
John Plaisted
James Davis
John Gillman
Andrew Wiggans
Cap* John Downing
A. M. The house met according
William Fellows
Paul Gerrish
Esqrs John Gillman
Samii Tibbets
m*" John Redman
John SandJmrn
E])hr^ Dennit
Theo Atkinson
Eben Stephens
Richard Jennes
Then the house adjourned to Fryday X' 10 a. m.
442 PROVINCE OP NEW-HAMPSHIRE. [1726.
[p. G4.] Fryday X-" the W 1726 a. m.
The house met according to adjournment all psent as
Entred for the Bay.
Eod™ Die. allowed Cap' Henry Sherburne in full of his
ace' i^2 : 1 : 5d.
a vote ag' appeals to Gov'' & Councill where Titles of Land
is conccrnd was made & Sent up and a mess^ from the Board
praying the house not to insist on the voate, the Governors
Instructions being ag' it.
Eod'" Die. In the house of Representatives
allowed Joseph Jackson £4:6 for his Negroes Service in y*
yeare 1713 at fort William and Mary.
Then the house adjourned for two hours p. m.
Fryday X'' 16"' p. m. The house met according to adjourn-
ment all psent as in the morning.
Eod"' Die. allowed mJ Theo Atkinson for plank he sup-
plied at the Fort & wine to y* Gen' Estw'' .£13 : 13 allow-
ed Samuell Hart Jun"" Stocking guns 16.
Eod"' Die In the house of Representatives,
Voted — That the Keeper of his Maj''" Goale at Portsm° have
free liberty to Sell ale beare & Cyder Excise free and that
the Said Keeper pay Excise for all wines rum & other
Spirits that he Sels as other Publick houses do from hence-
lorward.
James Jefifry CP ass™
a mess* pr m"" Clark Waldron that the above vote & y® votes
the other side were concurr'd.
Then the house adjourned to Sathurday X'' 17 a. m.
Sathurday X"" 17"^ 1726 a. m. the house met according to ad-
journment all psent as Entered.
Eod"' Die. There was Bro' into the assembly by Geo Jaf-
frey Escf the Sum of X202 : 3 : B of the 15M pounds Loan
from y*^ Grand Comittee & Burnt ct voted that the Said Co-
mittee are hereby Discharged of the s** Sum.
Ja's Jeffry CV Ass'"
[p. 65.] alsoe there was Bro' into the assembly by the Exe^
of the Late Treasurer Penhallow : the Sume of fifty Two
pounds ten Shillings Elcavcn pence farthing. It being part
of the three hundred pounds put into the Said Samuell Fen-
hallows hands for Exchanging the Broken Bills and Burnt
Bills
172G.] JOURNAL OF THE HOUSE. 443
Eod™ Die. In tlie house of Representatives
Voted Whereas his hon'' the Liv' Governor hath had y^
Avhole Government as Comander in Cliif Still continued
upon him & been at Exterordinary charge & Trouble That
he be presented and payd out of the Publick Treasury the
Sum of one hundred and fifty pounds
James Jeffry CI"' ass™
The act for Double Juries was Read three times and past
which is to Continue three years & the act for Emitting 442
& to be paid 1737 : read 3 times and* past & 1557X lO*'. dd
557 : 10 : 3 in y*^ yeare 1737 : & 1000£ in 1738 : —
Eod°^ Die In the house of Representatives
Voted : That the Sheriff of this Province of New hamp-
shire be paid out of the Publick Treasury for his Care and
Service in Returning able & Sufficient Juries for the Severall
Courts the Sume of Seven pounds four Sliillings pr annum
the time to comence from the first of Jan"' next : and to
continue for three years
Sent up & Concurrd
James Jeffry CP ass™
Eod™'Dic. In the house of Representatives
Voted That three hundred pounds of the Money Now
Imprest be Signed off & put into the Publick treasury to pay
what is allowed now Ja'' Jeffry CV ass™
[p. 66.^ In the house of Representatives
Voted, That Whereas there is Severall psons Deceasd who
were indebted to this Province for Severall Sums of money
by Bonds viz of the fifteen hundred pounds
Tiiat the psons who have of tfiat money in their hands :
together with the heirs or Ex" of those that are Deceased
pay the Principle and Interest or give Sufficient Security by
Sufficient Ponds men therclbr & that Coll John Plaisted m'
Epliraim Dennit & Cap' William Fellows togethear with
whome the Councill Shall appoint be a Comittee to receive
the Same Either Money or Bonds and alsoe that the Treas-
urer get in the Interest Money from Kingstown
James Jeffry Ch ass'"
a mess^ from the Board that the above vote was concurr'd
and that Cap* Mac' John Frost & J Odiorn Esq'* was ap-
pointed above to Joyne for that end.
Eod™ Die. In the house of Representatives
444 PROVINCE OF NEW-HAMPSHIRE. [1727.
That 111"" Henry Marshall Postmaster Gen" be presented
and i)aid out of the I'ublick Treasury the Sume of three
pounds for forwarding the Puljlick Letters to the Govern"'
James Jcffry 01'' ass™
The assembly was prorogued to y'' 2d May 1727
Tuesday May y" 2'^ 1727
[p. G7.] The house met according to prorogation psent as
here Entered —
here begins y^ New Estal)lishm*'
M'' Speaker Weare
John Plaisted
James Davis
John Gillman
Sam" Tiljbets
nf John Redman
Es(i'^
John Gillman I ^ John Sandlairn
Andrew Wiggans J Ea Pennit
Cap' John Downing Theo Atkinson
W'" Fellows ^ Eben" Stephens
Paul Gerrish llichard Jennes
A message from the Board pr Sh^ Walton & Joiham Odi-
orn Esq''" that his hon'' had adjourn'd the assembly to Wed-
nesday the o'^ Inst am
Wednesday May the 3'' 1727 am the house met psent as
Entered and the Speaker not being })seut the house proceeded
to Chuse a Speaker pro tempore : and John Plaisted Esq
was Chosen : and a mess^ Sent up there upon And a message
came pr m"' Clark Waldron that it was his hon'' pleasure that
the house attend him at the Board And the house went up
accordingly : and the Liv'^Gov"^ Made a Speech, of which m""
Speaker prayed a Coppy and then returned Eod"^ Die. J
Odiorn Esq'' Bro' Down a Copy of y*^ Speech : and then the
liouse adjourned for two hours p. m. :
[See Journal of Assembly, p. 240.]
Wednesday May S'' 1727 p. m. the house met psent as in
the morning and adjourned to thursday the 4"^ Ins^ o'clock
am
[p. 68.] Thursday May 4"" 1727 a. m.
the house met all psent as Entered.
Eod'^ Die. In the house of Representatives,
A^oted — That John Plaisted & andrcw Wiggans Esq" &
172T.] JOURNAL OF THE HOUSE. 445
m'' John Saiidburn be a Comittcc of this house to joync w"'
a Comittce of the upper house to goe down and view Fort
W™ A: Mary and the ^Stores of powder and wheels & Carry-
ages and ^lake Report wliat is necessary to be Don as to re-
pairs of Said Fort and what Stores of powder there is : &
what the Repairs the wheels and Carryages w\ant : and make
report to the Gen" assembly as Soone as Possible.
James Jeffry CF ass"\
Eod'" Die. A Message from the Board pr m"" CV Waldron
that the above voate was concurrd with and that Geo Jaffrey
Sh"* Walton & ar APphedris Escf* was appointed at the Board
as a Comittee to joyn the above and to Do it tomorrow in the
afternoone.
James Jeffry Clc^' Ass'"
Eod™ Die. In the house of Representatives
"Whereas the allowance for his hon'' the livtenant Gov"" and
the Members of the Councill & assembly is Not Sufficient to
defray the charges Necessary when they attend :
Voted — That his hon"" the Liv' Governor l)e allowed
Twelve Shillings & Each member of the Councill Eight Shil-
lings & Each member of the assembly Six pr day while they
Shall attend & Sit in the Gen" assembly and to be ]>aid out
of the Publick Treasury from time to time from and after
the first day of this Sess"* And a Certificate from the Clerk
of this house of Every members Service w^ith the IMembers
rec* thereon Shall be Sufficient warrant and voucher there-
for to the Treasurer for the payment thereof.
James Jeffry CI"" ass™.
this to Continue for three years & no Longer
Sent up May the Sixth and the Same day a message from
the board that the above vote was concurr'd.
Then the house adjourned for two hours p. m.
[p. 69.] The Comittee for tcllino; over the money Bro' in their re-
turn of the 5384:1b old Cypher money
By Coll Weare ' £56:17: —
Coll Hunkini: £15: 'k —
Geo Jafifrev Esq"- £97: 1: —
Richard Wibird Esff ' £-29: 5: —
John Plaisted Esq^ £12:10:
£211: 8: G
of the 1076: 10: Tax for y'^ yeare 1726 Bro' in by m""
Treasurer JafFrey £981:17:10
& he rec'i of m"" Penliallows Ex" w'^'^ Dr himself with £26: 2: 6
1011:00: 4
446
PROVINCE OF NEW-HAMPSHIRE.
[1727.
of the Bank money Bro' in by m'' Treasu'' Jaffrey the
Sumeof £88:14:7^
Province of New Hampshir iVIay 11*^ 1727. Wee the Subscribers
being Chosen as a Comittee to receive y^ Sundry Sums Due toy*^ Prov-
ince upon Sundry funds viz Wee have rec^ of Cypher money as pr
Contra. £211: 8: 6
from Treasurer Jaffrey Esq' of the Tax money 1011: : 4
from Do of the Bank money 88: 14: 7^
all the above money being Burnt to ashes Witness our hands this
11* May 1727.
Rich'i Wibird Epha Dennit
ar Ma'pliedris W™ Fellows
John Gillman.
May the 13**^ In the house of Representatives.
Voted — That Each pson above Named be & is hereby Dis-
charged of the Severall Sums they Bro* in as Carryed oS"
and was Burnt.
[p. 70.]
Accompt of Expences of Gun-
powder at Fort W" & Mary : from
y« yeare 1719 Inclusive of s"! yeare
«/ «/
bb
:1b
1719 to 1720
14
56
1720 to 1721
13
30
1721 to 1722
13
12
1722 to 1723
9
34
1723 to 172f ma-" y' m
e
Coats Died
8
4
being
58
96
By his Exceilencys order
for
bb
Londonderry
1
—
Do the Eastward
£—
50
To Expence of powder
since m^ Coats Dyed
viz
for the yeare 170| to
1725
£7
15
y^ yeare 1725 to 1726
£6
20
1726 to 1727
£5
40
Barrells
79 : 21
James Jeffry CV ass™
accompt of Powder money rec<*
from June 1719 to g' 1726 as Tak-
en out of my Book.
Bar: lb
2 :70
: 50
:90
:60
:20
: 15
:60
:20
Take of ^ part being
y® Difference
45 :46
15: 18 J
30 : 37 1
to
So much rec"^ of m""
Penhallow in the
Last fourth IMonths
Do to J Wentworth
Do of m"" Jaffrey
Do of ra'' Penhallow
So much rec*^ of M""
Penhallow from y*
Store house
00
80
50
J Wentworth
Vera Copia.
35 :70
78 : 37J
17-27.]
JOURNAL OF THE HOUSE. 447
In the house of Representatives
may the 18"' 1727
There was Bro* into the assembly & Burnt of the old Cy-
pher Money By maj' John Gillman forty Six pounds twelve
& tlu-ee pence <£4G: 12: 3"^ voted that the Said maj' John
Gillman be Discharged of the Said Sum
James Jeffry CI' ass"
[p. 71.] Thursday may the 4:'^ 1727 p. m.
the house met according to adjournment all psent as in
the morning
Eod°^ Die In the house of Representatives
Whereas the Executor of the Late Treasurer Penhallow
hath not Charged any Sallary for the Treasurer Service for
the yeare 1726 : but left it to the Gen" ass™ to allow what
they please
Voted : That there be Credit given in Said Penhallows
acct for Seventy five pounds for the Treasurers Service for
the yeare 1726 :
James Jeflfry CP ass™
Eod™ Die. In the house of Representatives
voted, that the Return of the auditors on the Late Treas-
urers accompt and the accompt allowed :
James Jeffry CV ass°^
Then the house adjourned to fry day y^ 5*'' Ins' am
Fryday May the 5'^ 1727 a. m :
the house met according to adjournment all psent as
Entred
Eod"! Die In the house of Representatives
Voted, That M^ Speaker Weare Maj-" John Gillman &
andrew Wiggans Esq" Cap* W™ Fellows Cap* Paul Gerrish
& m.^ Thco Atkinson be a Comittec of this house : to Joyn
w**" a Comittee of the upper house, to Draw up a Scheam for
the Equall assessing the Severall Towns & p'ishes in this
Province : that a New Proportion of Rates may be made :
and to make their Return to the assembly the Second day of
Sitting after the next adjournm* by the Governor
James Jeffry CV ass™
Eod™ Die Geo Jaffrey Esq'" one of the Comittee that was
appointed to write m"^ agent Newman came into the house
and read Som letters from S'^ agent : and alsoe read the
letter that the Comittee had writ to Send S'' agent
448
rnOYINCE OF NEW-HAMPSHIRE.
[172:
Eod'" Die. A Message from the Board pr m'' CV Waldron
yt ye yote for the Scheam about the New Proportion was con-
curr'd & y* Coll Hunking R Wibird J odiorii & ar M phe-
dris was appointed at the Board for y* end
Then y*^ house adjourned for 2 hours p. m.
[p. 72.] Fryday May y« 5^'^ 1727 p. m.
The house met according to adjournment But the Comittee
of both houses going to the Fort there Could not lie a house
and therefore adjourned to Sathurday the Sixth of May am
Sathurday ^lay the 6^^ am The house met according to
adjournment all psent as Entred
Inventory of Sundry Stores belonging to Fort W™ & Marv at New
Castle Taken the 5"' of May 1727
20 Demy Culverin
8 Sakers
12 jNIinions
2 Falkins
one M Uemy culverin Shot
260 four pound Shot
f( Ladles for minions 1 wanting
li Ladles for Demi Canon & Sak-
ers 1 wanting
9 Rammers Several! Staffs
7 Great Crows 2 Small ones
1 Large at Cap' Frosts
Do at m'' Parsons
2-i Crab handspikes o wanting
.5 Boxes Cartridge Shot one Stole
by W'" another Exped'd
1 Drum & 2 Drum Rims
1 Grapline 502 lb Iron
1 Logger head 3 pick axes
1 wanting 2 axes
19 Cartridge for ^linion
21 for Demi culverin
7 lead aprons 1 hide li wanting
[P. 73.]
3 wanting 4 lanthorns Defective
Som Match 1 priming wire
4 linstocks Spongheads wanting
1 Budge Barrell 3 wanting
2 Sledges : 2 wanting large Iron
Pot
Some Cartridges made for each
Some paper
Seven halfe Barrels of Powder &
one pecie V
Defective Stores
Demi Canon 6 pre Cariage ^^es
ten pre Wheels
Feild pis G pre Wheels Defective
2 pre carriage pis
400 lb old Iron
4 Boxes Cartridge Shot
2 Broken
J Wentworth Jun''.
vera Copia
James Jeffry
Clark assembly
Sathurday may 6, 1727 am
In the house of Representatives
Voted, That Cap* AV" Fellows, Cap' Paul Gerrish & m'
Eap"* Dennit be a comittee of this house : to Joyn with a
Comittee of the upper house to Examine m'' Treasurer Jaffrys
ace' and make Return to the Gen" assembly
James Jeffry CP ass'"
1727.] JOURNAL OF THE HOUSE. 449
Eocl'" Die a Message from the Board that the above voat
was coiicurrd with: and R Wibird ar },l phedris k Jotham
Odiorii Esff* was appointed at the Board to Joyn with the
above
Eod™ Die In the house of Representatives
The Comittee tliat went to view Fort \V'" & Mary Made
their Return as under
Province of New harapshire May the 5"i 1727
Psuant to a Vote of Gen^ assembly May the 4"^ 1727 Wee have
viewed Fort AV'" & Mary and all the Stores a list of which is herewith
presented: and report that there is wanting Six carriages for the Demi
Cannon & Six pre of wheels; the field pieces Six pre wheels and two
paire of carriages: and that there be one hundred and fifty pounds
laid out to Repaire the Stone work this Sumer which is submitted pr
Geo Jaifry
Sha Walton
ar M phedris
Jo" Plaisted )
Andrew Wiggans - Comittee
John Sandburn )
Then the house adjourn'd to ]Munday May the 8"' 1727
mem° the Return of the Stores Entrcd on the other leafe
[p. 74.] Munday May the 8*'' 1727 am
The Met according to adjournment psent as Entred
M"" Speaker Weare
John Plaisted
James Davis
John GiHman
Andrew Wicra'ans
John Gilbnan
Sam Tibbcts
J> Esq-^ W John Redmaii
John Sandburn
^ Ea Dennit
Cap* John Downing Theo Atkinson
W'» Fellows Ebene// Stephens
Paul Gerrish Richard Jennes
The Comittee for Proportioning the Town went on that
affaire The house adjourned to Tuesday Maj 9^^ am
Tuesday May the 9^'' 1727 am, the house met according
to adjournment all psent as Entered
Eod™ Die. In the house of Representatives
Voted : That Cap* W™ Fellows : m^ Theo Atkinson and
m"^ Ea Dennit be a Comittee of this house to Joyn with a
29
450 PROVINCE OF NEW-HAMPSHIRE. [1727.
Comittce of the upper house to tell over all the Money that
is to be bro* into the assembly this Sessions and to make
return thereof to the Gen" assembly
Ja^ Jeffry CI'" ass""
the Comittee for telling the money went out for y^ Service
Then the house adjourn'd to Wednesday May 10"' 1727 a. m.
[p. 75.] Wednesday May the 10"' 1727 a. m.
The house met according to adjournment all present as
Entered
Eod''^ Die In the house of Representatives
The Return of the Coinittee for Drawing the Scheam for New Pro-
portioning the Towns p"ishes and Districts of this Prov. the Poles and
estates be assesd in the followmg Manner Poles IG years old & up-
ward lOO'i
Income vipon Trade 1'^ upon the pound (the Trade to be Sworn to)
(if complaint be made) offices l'^ upon the pound of their Incom
Do on houses & lands Improved @ U years incom Deemdto be y** vallue
at 1*^ on the pound
Every ox 4 years old & upwards @ 4 lb
Cow 3 years old & upw'^ 2: 10:
Horse Do Do 4:
Swine 1 yeare old : 16:
Sheep free for Encouragm'
Indian and Negroe Slaves ad vallorem from 16 years old to 40 years of
age: all which is Submitted.
Voted — That this return be accepted (with this amend-
ment) viz that the Single Pole be rated at GO'' instead of 100*^
and that Each Town and p'ish and precinct be new propor-
tioned once in Every
Eod"' Die. A Mess'' pr Jo* Odiorn Esq"" y* y® above voat
was concurrd at the Board.
Eod™ Die. In the house of Representatives.
Voted — That Londonderry be Taxed this yeare for the
Province Tax the Sume of foi-ty pounds ; and that they
bring in a list of their Rateable Estates with the other
Towns Next May Sessions in the Same Manner.
James Jeffry Clr ass"".
Then the liouse adjourned for two hours p. m.
[p. 76.] Wednesday May 10"' 1727 p. m.
the house met according to adjournment all psent as En-
tered : the Comittee for telluig over the Money being on that
affah'c the house adjourned to Thursday the 11"' a. m.
[1727. JOURNAL OF THE HOUSE. 4.51
Thursday May ll"" 1727 a. m.
The house met according to adjournment all psent as En-
tered, the Comittee for telling over the money being Still on
that affaire the house adjourned for two hours p. M. Thurs-
day May the 11^** 1727 p. m. the house met according to
adjournment all psent as Entered ; and adjourned to fryday
the 12*^ of May 1727 a. m.
Fryday may 12*^ 1727 a. m. the house met according to
adjournment all psent as Entered.
Eod™ Die. In the house of Representatives
Voted — That John Gillman Esq' & i\V Eaphraim Dennit
be a Comittee of this house to joyn with a Comittee of y°
upper house to Draw up an act Ivcquirijig Every Town p'isli
and precinct within this Province, to take a list and Inven-
tory of all their Poles & Estates Rateable psuant to the re-
turn of the Comittee & vote of Gen" assembly thereon of
the W Inst.
James Jeffry CP ass"\
Eod™ Die. In the house of Representatives
allowed Benj^ Rust 12s in full for his Service in going for
the Members of this house that were wanting last Sessions.
Eod'^ Die. allowed Bcnj''' akerman ten pounds for his
Service attending Gov'' and Councill & assembly for the y*^
yeare 1726.
a vote past for powder Money : y* I"' powder or Ss money
to be p*^ for Shipping past and sent up.
[p. 77.] allowed Stephen Greenleafe 30s for two Sheep
at Casco & Charges allowed Cap* Hen Shcrburn 20s in full
for his ace* there being a Mistake last Sessions.
allowed Clark Waldron 751b for his Service as CI' of the
Coun" for the yeare 1726.
Then the house adjourned for two hours P. M.
Fryday May the 12"' 1727 p. m : the house met according
to adjournment all psent as Entered.
Eod™ Die. In the house of Representatives
Voted that the Carryage Wheels mentioned in the Return
of the Comittee that viewd the Fort be repaird according to
Said Report and y* y*^ Same be let out by a Comittee to be
appointed for that End to him or them that will Do it Cheap-
est & that the Stone work be defered for the present.
James Jeffry CV ass'"
452 PROVINCE OF NEW-HAMPSHIRE. [1727.
Eod™ Die. In the house of Representatives
allowed John Newmarsh £3 : 7 : 4in full of his accompt Bro*
in Don in the yeare 1721 for the fort Boat.
Then the house adjourned to Sathurday y" 13*'\a. m.
Sathurday May 13^'' : 1727 a. m. the house met according
to adjournment all psent as Entred
Eod™ Die. In the house of Represent
Voted that Londonderry he Taxed this yeare to the Prov-
ince Tax the Sume of 40 lb : and y' y*^ Treasurer Issue out
his warrant accordingly James Jeffry CP ass"^
Eod'" Die A Message from the Board pr m"" Geo Jaffrcy y'
y*^ above vote for Londonderry & John Newmarshes was
Concurd-
Eodm Die memorandum : That m'' Thco atkinson hath made
up with the Comittee for taking the Interest of y*" 1500 lb
and that he has p*' Seven pounds ten Shillings more than his
interest Due toy'' 25^'^ of aprill 1727 which he must have Cr'
for as Interest p*^ James Jeffry CP ass'"
Then the house was adjournd by order of y^ Liv' Gov' to
Wednesday next at 10 a clock
[p. 78.] Wednesday May IV' 1727
The house met according to adjournment all psent as
Entred
M'' Speaker Wearc Debentures out 14 dayes
John Plaisted "^ Sam" Tibbets
John Gillman I p rs ' Paul Gerrish
James Davis f ^^'^ M-" Ea Dennit
Andrew Wiggans J John Sandburn
Cap* John Downing Theo Atkinson
W" Fellows Eben^ Stephens
John Gillman Richard Jennes
Eod™ Die. In the house of Representatives
Voted — That John Plaisted Esff be one of this house to
joyne with one of the upper house to be a Comittee for letting
out the wheels & Carryagcs for y'' Fort.
James Jeffry CV ass""
A Mess*" from the Board pr Geo Jaffrey Esq'" that the
Board Intirely refers the letting out the wheels & Carryages
to Coll Plaisted : Then the house adjourned to
Thursday May the 18^" 1727 am
1727.] JOURNAL OF THE HOUSE. 453
Thursday May 18"' am The house met according to ad-
journment all psent as Entered,
the votes for Sundry allowances was Sent up.
am' 110 : 8 : 8
Then the house adjourned for two hours p. m.
[p. 79.] Thursday May 18*" 1727 p. m.
the house met according to adjournment all psent as En-
tered.
Eod'" Die. In the house of Representatives
Whereas it is Represented to this house that m' John
Redman Desires to be Dismissed from this house by Reason
of his great age and Infirmness —
The house having considered thereof: and Considering
the great age and Infirmness of the Said m"' John Redman
Tho he hath l)een a Serviceable member of this house —
Resolved — That according to his Request he be Dismissed
tt that m"" Speaker Issue out a precept That the Town of
Hampton may Send another Representative in the Roome of
the Said John Redman So Dismist ag* the next Sitting of
the assembly.
James Jeffry CI' ass™
Eod'" Die In the house of Representatives
the J>ill with amendment for Proportioning the Towns etc
was Read three times and past to be Enacted.
Then the house adjourned to Fryday the Nineteenth am
Fryday the 19"" 1727 am the house met according to ad-
journment all psent as Entered.
In the house of Representatives,
Voted, That there be Nine hundred pounds Signed off of
the money last printed and put into the Treasury for the
payment of the allowances made by y*^ Gen" assem])ly
James Jeffry CI'' ass"'
Eod"' Die : A Mess^ pr m'' CV Waldron that the above
voat for the 900 lb was Cheerfully concurrd with
Eod'" Die. In the house voted : That m"' Treasurer Jaffrey
receive from y® Ex®^ of y® late Treasurer Penhallow y*" Bali'
of his accompt & alsoe to rcc y'^ 247 lb : 9 : f money y' was
put into his hands for Excha old Bills
James Jaffry CV ass""
A jSIess'' from y*^ Board pr m' Geo. Jaffrey y* y° Last voate
was concurrd
Then the house adjourned for two hours p. m.
454 PROVINCE OP NEW-HAMPSHIRE. [1727.
[p. 80.] Fryday May 19'^' p. m. the house met according
to adjournment all psent as Entred the Speaker being gon
home Indisposed the house proceeded to Chuse a Speaker
protcmpore : and Coll John Plaisted was Chosen.
Eod™ Die In the house of Representatives,
the bill for the powder act was read three times and past
to be Engross'd James Jeffry CI' ass"\
Eod™ Die In the house of Representatives,
the house being Equally Divided on passing the Bill for
Proportioning the Towns &c the Speaker gave his vote that
the Said Bill goe up without amendment and to be So En-
grost
James Jaffry CP ass™
a vote : for Impowering Clem* Hughes to administer an
oath to all Taverners Retailers that are licensed by the
Quarter Sessions In the house voted a concurrence with
amendm' that he receive no Excise from any pson but such
as are licensed by authority Nor administer any oath to any
but those that are Regularly licensed Then the house ad-
journed to
Sathurday y'' 20"^ of May a. m.
Sathurday May 20*'' 1727 A. m. the house met according
to adjournment all psent as Entred
Memorandum Given m' Geo Jaffrey a Note under j'® hand
of m"" Clem* Hughes for Sixteen pounds 16s ct nine pence
beinsj the Ballance of the Excise accompt for y® yeare 1725
the Note Dated May 3^^ 1727
Ja" Jeffry CP ass™
[p. 81.] In the house of Representatives
Memorandum alsoe that ol the three bonds for the Excise
of W Clem* Hughes that was put into the CP of the assem-
bly hands for Safe Keej)ing — m"" Treasurer Jafifiey came into
the assembly and acknowledged that he had rec'' one of the
Bonds Due for the yeare 1726 : and the CI'' is hereby Dis-
charged of Said Bond : and the CP is hereby ordered to
Deliver the Next Bond for the Excise for y*^ yeare 1727 when
Due James Jeffry CV ass"'
Eod"* Die In the house Delivered nV Treasurer Jaflfry
1727.] JOURNAL OP THE HOUSE. 455
those notes following viz, one from John Penliallow Escf for
X52 : 10 for Interest Due for the 200 lb his father had: De-
ducting what appears to be paid @ 2| pr C : and likewise
the Liv Govornors Note for the like Sum Deducting after
the Same Manner & Coll Richard Wahlrons the Same Tennor
Cap' Wibirds Note for G : 18 : G : Due to y' 25"' ap^ 1727 M^
Henry Sherburne 13 : 11 : Due to y® Same time Coll AVal-
tons Note for 7 : 17 : G : Due to y® Same time Deducting w*
appears to be paid m' Geo Jaffreys Note for 52 : 10 for in-
terest to y*^ 25^'' ap*" 1727, at 2J pr C* Deducting w*^ appears
to be paid James Jcffry CI'' ass'"
Eod"^ Die In the house
allowed Benj* Rust £Q: 4: 9*^ in full of his accompt of
Expences of tlie Comittees &c to May 18'" 1727
A Mess^ from the Board that Rust & Shcrburns allowances
& Gilmas Discharge was concurd
The auditors for m"^ Treasurers accompts made theire
return viz,
[p. 82.] Sathurday May 20"', 1727
Wee being appointed a Comittee of both houses to audit & examine
the Treasurers accompts; have exam'd tlie Same and find them well
vouch'd & Right Cast do allow thereof all Except the Coniissions for
receiving & paying which is Submitted to the Gen" assembly
W"' Fellows R Wibird
E" Dennit Ar ^I'phedris
Paul Gerrish Jot'' Odioru
Eod"^ Die In the house of Representatives
Voted, the above Return be accepted and allowed
James Jeffry CP ass"'
a Vote Bro* Down from the Board by m'" Clark Waldron
appointing Theo atkinson to be receiver of the powder money
required to be paid by an act Past this Sessions which vote
was read and concurr'd James Jeffry CI"" ass'"
Eod"" Die, a vote Bro' Down from the Board by John
Frost Esq'' Directing the Treasurer to Procure a Bill of 50 lb
Sterling for agent Newman to Enable him to pass thro'
the further business of this Province which vote was read
and concurrd : and that Cap* W"^ Fellows & Theodore At-
kinson be of the Comittee to Joyn with the Gen' appointed
by the Board for the end above S"^
Eodem Die In the house of Representatives
The answer to the Kingston Petition : viz That they pay
10 pr C for the Money as the Rest of those that have of y°
456 PROVINCE OF NEW-HAMPSHIRE. [1727.
15 M pounds Do : and that the 500 11) they have be Burnt
in the Same manner it was returned & reconsidered to ly
for consideration to Next Sessions
[p. 83.] In tlie liouse of Kepresentatives
Voted : That 2 M pounds be made for defraying the
Charges of the Fort W™ & Mary and fortifying the Frontiers
be made & Signed off & paid in by a Tax of 1 M in 1739 :
& 1 M in 1740 James Jeffry CP ass°^
Whereas his hon'' the Liv* Governor hath acquainted the
Board that he has lajte letters from his Excellency Govern'^
Shute adviseing that his Excellencie Designs verry Speedily
for New England : and that^ he intends to land in this Prov-
ince Therefore In Councill voted Tluat a Comittee of both
liouses be appointed to make Suitable Provision for receiving
& Entertaining his Excellency upon his arrivall here and
that m'' Treasurer Jaffrey & Cap* Wibird be of the Comittee
from the Board for that Service
R. Waldron CP Con"
Eod'" Die In the house of Representatives
the above voat read and concurr'd : & voted that Cap*^^
W™ Fellows & nV Theo Atkinson be a Comittee of this house
to Joyn with the Comittee above mentioned
James Jeffry CP ass™
Eod'" Die In the house of Representatives
allowed John Cutts lOs, as Vendue Master for y^ Excise
allowed John Griffiths 256-, for work formerly Don at Fort
W™ & Mary
allowed m'' Sherif Gambling 15 lb as Sherif for y"^ yeare
1726 Whereas his hon"" the Liv' Gov"" hath y® whole Gover-
m* Still continued upon him as comander in chief: voted y*'
he be presented & paid out of y*^ Publick Treasury the
Sume ot 100 lb as comander in Chief; & for his Exteror-
dinary Service don y*^ Good People & Inhabitants of this
Province y' he be presented with the Sum of 40 lb more
Sent up and concurrd
James Jeffry C. ass™
and then the Gov'^ Prorogued tlie assembly to y° 20"' June
next.
17-27.]
JOURNAL OF THE HOUSE. 457
[p. 8-i.] Tuesday June 20'*' 1727 the house met accord-
ing' to prorogation psent
Maj''John Grillman "^ Cap' John Gillman
Andrew Wiggans > Esq''* AV'" Fellows
James Davis J Sam Tibbets
m"" Ea Dennit
John Sanburn
Theo Atkinson
And were Prorogued to 20^'' July 1727 By the Liv' Gov"'
Tuesday June the 27"' 1727 the house met by an Special!
order from the Liv* Gov"" as Coniander in Chief
psent m'' Speaker Weare
John Plaisted ^ Cap' W^ Fellows
James Davis i p- rs Paul Gerrish
Andrew Wiggans | ^^^ Sam" Til)bets
John Gillman J John Gillman
m'' John Sandljurn
Ea Dennit
Eljcn'' Stephens
Theo Atkinson
A Mess^ from the Board that it was his hon"" pleasure y*
the house attend him at the Board the house went up and
the Liv* Governor made a Speech which was y' he had rec''
a letter from Liv'^ Gov" Dumer that Came from the Thre
Indian Tribes that had not come into the former peace made
w"' the Penobscot Tribe : and that he intended to meet them
y*^ 10''' July at Falmouth and Desired his Company : a Copy
of the Letters & nV Dumers Letter was Sent Down
Eod'" Die In the house of Representatives
the Question being put whether this Government Shall
Send to Ratifie the Peace with those three Tribes that hath
now Sent & are waiting at Tirionet ? it past in the affirma-
tive
Eod"^ Die In the liouse of Representatives
Voted : That this Province send to Casco to Ratific the
Peace w"' the three Tribes of Indians now on Kcnnebeek
River in the manner as Don w"' the Penobscot
James Jeffry CP ass'"
Narrigawack Wiwarna
Wenewenock Ommeway
Anessegontacook Porresine
458 PROVINCE OF NEW-HAMPSHIRE. [1727.
[p. 85.] June y'^ 27"^ 1727
In the house of Rcprcsentatiyes
Voted, That Josiah Ncdd a Cape Cod Indian in the Ser-
vice of the Province of New Hampshire in the late Canada
Expedition (as a Soldier) under the Comand of Cap' James
Jeffry have the Gun Delivered to him, y* was given him in
that Expedition & y' his hon'" the Liv' Governor be Desired
to give orders for the Same
James Jeffry CF ass'"
Eod™ Die
A Mess* from the Board pr m'' CI'' Waldron y*^ y*' above
voate was concurrd Then the house adjourned to Wednes-
day y 28"' A. M.
Wednesday June the 28*'' a. m. The house met accord-
ing to adjournment all psent as Entred yesterday
In the house of Representatives
■ Voted, That his hou'' the Liv* Governor be Desired to
Comisionate one pson or more as his hon'' Shall think Con-
venient to goe to Casco to treat with the Indians there, with
power to Ratifie the Peace already Made with the Penobscot
Tribe : and to Make Peace with any other Tribe with whome
wee are at Warr
James Jeffry CP ass"^
Eod'" Die
A message was Sent Down with the above voat by Geo
Jaffrey Esq'' to be reconsidered
Then the house adjourned for two hours p M
Wednesday June y*" 28"' 1727 p m the house met according
to adjournment all psent as in the jMorning
an addition to the Governors Speech was Sent Down viz
Gen't the vote you Sent up Desiring me to appoint .Comiss"'^ to Rep-
resent this Goverment for the Makeing Peace with the three Tribes now
Waiting at the Eastward for onr answer, 1 Can by no INIeans adhere to :
It being inconsistent witli the hon'' of this his Maj"^'^ Goverm' So to do :
therefore I advise you to reconsider your vote
We have now an opportunity to !Make an hon"^'"^ and lasting peace
with those Indians that have So often Laid waist our DwelHng phices
and Cruely Murdered many of our friends & Neighbors : which I think
Cannot be forgotten by us : more Especially you that live on our
[p. 86.] Frontiers It lies entirely with you Gen' of the house of Rep-
resent this Board being all of opinion that its highly Reasonable and
Necessary that wee Imbrace the Season : Let us prefer y* peace Quiet
1727.] JOURNAL OF THE HOUSE. 459
good Settlement of our Country; & lives of our friends before Money:
for I find there the Matter Sticks J. Wentwortu.
Copia James Jeffry CI"" ass°'
Eocl"» Die. In the house of Representatives
Voted, That it is our advice that his hon"" take two of the-
Councill : and one of the house : (as Shall be by them ap-
point'' ) with him to Casco Bay or Els where : there to Rat-
ify & Make any Peace he Shall tliink fit, & that the Treas-
urer Su|)iily him with what ]\Ioncy or Necessaries he Shall
think fit for that affaire : and that he make a present to the
Indians of 20 lb and that his hon'' be Desired to be as fru-
gall as may be Consistent with the hon'' of the Goverm* in
this atfaire
James Jeffry Cl-^ ass">
Eod'" Die.
A Message from the Board pr Geo Jafifrey Esq'' that the
above vote was approved off only that the psent to the Indians
of 20 lb was to little : In the house It was amended and
J^Iade about 25 lb & Sent up by the Same Messenger
Eod'" Die. In the house
Voted : That m"- Theo Atkinson be appointed from this
house to goe with his hon'' the Liv' Governor to Cascoe or
Elswhere to Ratify & Make Peace with the Indians.
James Jeffry CV ass™
Eod'" Die a mess-"* from the Board y' y*' above voates was
Concurd & y' Sh'' Walton Geo : Jaffrey & R Wibird were
appointed at y® Board
Debent f Sandburn 24 days Wiggans 22 days
out Stephens 15 Tibbets IT
Cajjt GiUman 17 Dennit 24
Maj'- Gillman 23 all to this 28 June
Eod"^ Die In the house
Voted that there be two hundred pounds of the Money in
the Comittces hands now Signed [p. 87] off and put into
y° Treasury for the Defraying tlie psent charges in going to
Casco to Meet the Indians James Jeffry CI'' ass'"
Eod™ Die a mess''' from the Board pr Sh* Walton ar M' &
the Clerk that the above voat was Concurd with <t fhat the
assembly Stands prorogu'd as before ct now Dismis'd for the
psent
460 PEOVINCE OF NEAV-HAMPSHIEE. [1727,
Tuesday August 29"' 1727 tlie house met according to
Proclamation pscnt as Entred
m"" Speaker Weare ^ Samuel Tibbets
John I*laisted i p ^s Jolm Gillman
James Davis j ^ m"^ Ea Dennit
Andrew Wiggans J Jolm Sandburn
John Gillman Theo Atkinson
Cap* W™ Fellows Eichard Jennes
John Downing Eben'' Stephens
Paul Gcrrish Joshua Wingate
A Mess'* from the Board to Know if there was house : and
y* if there were : It was his pleasure that they appear at the
Board to take the Oaths to King George the Second : the
house went up all as Entred and the Clark and tooke the
oaths : and then returned
Eod°i Die JM^" Sherrif Gambling Made his Return from
hampton that Cap* Joshua Wingate was Chosen a Repre-
sentative in the Roome of m"* John Redman Lately Dis-
missed wliich return was Read and then the house Sent two
of their Members to Introduce the Said Cap* Joshua Win-
gate : and a Message Sent up to the Board by 2 Members to
Inform [p. 88.] his hon'' that Cap* Wingate as a member
of this house wants to be Qualified by talcing the oaths.
Then a mess^ was Sent from the Board for Cap* Wingate to
appeare at the Board : Who went up and took the oaths
appointed and Returned and took his place in the assembly
as a member thereof
Eod"' Die. M"^ Clerk Waldron Bro* Down the Governors
Speech and a Treaty & Ratification of Peace with the In-
dians was Read in the house : Then the house adjourned to
Wednesday the 30*^' am.
[See Journal of Assemljly, pp. 254-258.]
AVednesday august the 30"' 1727 Am :
the house met according to adjournment all psent as Entred
Eod"' Die In Councill august BO"* 1727
Voted, That his Maj*'"' King George the Second l>e addresd
by this Goverment by way of Congratulation upon his ac-
cession to y" British throne : and that a Draught of an
address be |)repared accordingly by a Comittce appointed
for that End : and that Geo Jatfrey & Richard Wibird Esq^
be of the Comittce from y*^ board for that Service
Richard Waldron CP Coun"
1727.] JOURNAL OF THE HOUSE. 461
Eod'" Pie In the house of Representatives
Eead and Concur'd and voted that Cap* W'" Fellows &
m.^ Theo atkinson he of the Coniittee of this house to Joyn
with the above Chosen for that End
James Jetfry Cl-- Ass™
Tlicn the house adjourned for two hours p m
Wednesday august the 30"' 1727 p. m. the met according
to adjournment all psent as in the ]\Iorning
M'' Treasurer D"" to Receipt of what Sundry things were
Sold for at vendue on Board the Schooner at her Return
from Casco
Bv reC^ of John Cutt £1 : 13
By rcc^ of Sam" Rymes R Wil .ird & Benj^ Dockam £1 : 2:6
5 : 15 : 6
Mem*^ the Balance of the accompt of Expenccs
going to Casco is £386 : — : 4
[p. 89.] august 30 1727
Upon Request of Andrew Wiggans Esq'' that Benj'' Follets
Might have a license for himself and house at Stretham (the
house being convenient for a Public house) he paying Excise
and giving bonds to the Sessions for his Keeping good orders :
the house to be licensed for two years, conforming as above
In the house
Voted — That Benjamin Follet ])e licensed to keep a pu])-
lick house in his Dwelling house at Stretham for one yeare
he giving Security to the Sessions for his keeping good or-
ders : & paying Excise according to Law.
James Jeffry CP ass"^
Eod"^ Die. the Treasurers Ballance of his ace* for the
Disbursements at y" Ratification at Casco is £386 : — : 4
& more allowed Geo Jaffrey Expended at
Casco not y® ace' £ 2:5:7
£388: 5:11
Eod"™ Die. In the house of Representatives
Voted— that the Sum of £188:5:11 ])e Signed off and
put into v*" Treasurv for tlie payment of the above Sume of
388:5:11.
James Jeffry Cl^ ass™
Eod™ Die. In the house
Ordered — That m' Treasurer Jaffrey receive of Maj'' John
462 PROVINCE OF NEW-HAMPSHIRE.
[1727.
Gill man & Theo Atkinson y^ Comittee that Sold the old
Prison the Surae it was Sold for : and alsoe they are hereby
ordered to pay the Same to him.
James Jeffry CY ass™
A Mess^ pr m' Clark Waldron.
y* the vote for allowances
the vote for payment of money into the Treasury & the
vote about the Prison money were all Concurrd.
Then the house adjourned to Thursday 9 a Clock am.
[p. 92.] Thursday august 31^* 1727 am the house met ac-
cording to adjournment all psent as Entered.
Eod™ Die. In the house.
Whereas by the death of his late Maj^''^ King George of
Blessed Memory Sundry Disputes may arise about writs and
Process and precepts that have been Issued out in the name
Stile and Title of the Said King : by Sundry psons that do
not Know what acts of Parliament are made and provided
in Such Cases.
Therefor Ordered for preventing and Removeing any Such
Doubts or Disputes about any writ process or precepts Issued
out in the name & Stile of his S'' late Maj"*" King George of
Blessed Memory & Suits Depending thereon : Provided y® S"^
writs were Served or comenccd before his present i\Iaj"^
King Geor the Second was Proclaimed in this Province that
then and in Such Cases : No Writ Process Precept or any
Matter Testamentary Shall abate be Qualified or in any wayes
put by its due & Legall proceedings : for or by reason of the
Name & Stile of his Said Late Maj"® King George being in-
serted therein : Provided as above Provided But that all
Such writs Process & Precepts : and letters Testamentary
& Probate buesness Shall proceed in Due course of Law as if
Such Death of the Late King had not been.
James Jeffry CP ass™
Eod'" Die. A Mess* from the Board pr Jotham Odiorn
Esqr that the above vote was concurrd with.
Memorandum for m'' Grcenleafe to be considered at y^
next Sitting : and Thomas Harveys Note.
[p. 93.] j\remorandum Whereas Cap* archibald ]\raephedris
as a Comittee man Did give a rec* to Coll John Plaisted for
1727.] JOURNAL OF THE HOUSE. 463
the thirteen bonds for y*" 170011) : which Bonds are Bro^ into
the assembly : and the Said Macphedris is hereby Discharged
of the Said rec' it not being to be found.
James Jefifry CI' ass"'
Eod™ Die. In the house.
M"' Eaphraim Dennit was Sent up with a Mess** that the
house had no further buesness before them.
A Mess'^ from the Board pr nV Clark Waldron that the
house ap])eare at the Board which they Did and were pro-
rogued by the Liv^ Govornor to the first tuesday in October
Next.
Tuesday October the 3'' 1727 met according to prorogation.
CarM\- Fellows U the CI' ass»
Cap^ J ohn Downmg )
and were Prorogued by order of the Liv* Gov'' to the Second
Tuesday in November Next.
Memorandum the Bonds for the 17301b is Entered two
leaves forward — & who have them in Keeping Cap' W"' Fel-
lows Debenture to this 3*^ October 30 davs.
[p. 91.] Tuesday 9' 11*'' 1727 the house met according to
Proroga'^ psent
]\P Speaker Weare.
John Plaisted ^ Cap* John Downing
James Davis ! ^ , John Gillman
John Gillman f ^ ^ Joshua Wingate
Andrew Wiggans J W"^ Fellows
Sam" Tibbets
Paul Gerrish
m"^ John Sandburn
Ea Dennit
Theo Atkinson
Eben Stephens
Bichard Jennes
a Messa from the Board pr m"" Clerk Waldron that tlie
house appear at the Board : the house went up accordingly
and the Governor made a Speech and then the house re-
turned : and the Speech was Sent Down.
a Petition for y° north part of Exeter to l^e a precinct was
Bro*^ & Read & acted upon. But was new Don in December.
Then the house adjourned to Wednesday O' 15''' a. m.
464 PROVINCE OF NEW-HAMPSHIRE. [1727.
Wednesday November y" 15"' am the house met according
to adjournm'^ all psent as Entred : and a vote past that all
Shop book ace*- Should not Stand open above three years
then Came Down a Mess-"" from the Board that the house was
adjourned to Tuesday 9'' 21, 1727
Tuesday November the 21 : 1727 the house met according
to adjournment all psent as Entred : and the Governor with-
drew his Speech of O"" y"^ 14^'' 1727 and gave another this
Day and then the house adjourned to Wednesday the 22*^
1727 A M
Wednesday 9"^ 27"' 1727 the house met all psent as Entred
a Mess''- from the Board that the house went up accordingly :
and By the Livten* Governor were Disolved
[i^. Cfovernor''s Speech which wets withelraivn.'] Eel.
[p. 95.] Gent There has nothino; of moment occurd Since the last
Sessions from England: So that I have nothing to Comunicate to you
Save that m"" agent Newman Expects that the affaire of the line Be-
tween the Province of New hampshire and the ]\Iassachusets will Come
on by Christmas So that as we have powerful Enemies to Engage with
I hope you will INIake Such Provision for our agent as may Enable him
to prosecute the business vigorously for without money Nothing of
moment can be Transacted : your Diligent application to y*^ occasion of
the Sessions will make it Short: I reconiend the INIakeing of Some New
Laws to Strengthen the old: also that you will Consider Some Expe-
dient to prevent the Disorderly People of the other Prov. from coming
into this: and pretending to lay out plats of Townships in his Maj*^'^
Province already Chartered by this Goverment to his Maj'''^^ Good
Subjects, which may tend to overthrow the good order: and be Des-
tructive to our Peace if not Speedily prevented by good wholsom
Laws Made for that End I have from time to time ashurd that I shall
Do Every Thing in My Power That may Contribute to the Service of
this Province & as long as Pme continued in the Chair you may Depend
on the Continuance of the Same: Province of New hampshire 9"": 14:
1727 J Wextworth
Copia The above Speech was withdrawn 9 : 21,1727
and the underwritten was Sent Down
Gen't I shall not Detain you longer than the Publick affairs Require
not haveing any thing of Great Concern to Communicate to you : I
would put you in mind of Settling and adjusting all Publick accompts
and to nu^ke Provision for the payment of any Debt that remains un-
paide: I shall be ready (as I have been att all times) to promote the
1727.] JOURNAL OF THE HOUSE. 465
Good of this Province & as this Possibly may be tlie last time that 1
Shall Sit at the head of this Government, I hope you will not be un-
mindfull to reward my faithfull Services which you are "Wittnesses off
Ever Since the administration of the Government has been in ray hands.
Province of New Hampshire 9"" 21*' 1727. J Wentwokth.
Copia.- ^
[p. 97.] August the 31, 1727
In the house of Representatives
Ordered : That twelve bonds as here undered Entered be
put into the hands of William Fellows for Safe Keeping :
and that the Said William Fellows is hereby Impowered to
receive the Principle and Interest Due from Time to Time
on Said Bonds from the Severall psons therein bound : &
endorse the rec*^ of Such Principle & Interest on the Back
of the Respective Bonds and such Principle & Interest as
the Said Fellows Shall receive : he pay the same according
to the order of the house of Representatives from Time to
time
The Bonds are
Theo: atkinsons: for 200 Interest p'* to the 25 ap'' — 1729
Henry Sherburn — 110 — Do
John Penhallow — 200— Do
Liv' Governor — 200 — Do
Benj'' (Gambling 100 — Do
Cap* R'l Wibird 50— Do
James Jeffry 40 — Do
Coll Walton 30— Do
Coll Geo Vaus;han 200— Interest Due from 1.5* June 1716
Coll Rich'i Waldron 200— paid to aprill 1729
Geo Jaffrey 200— Do
Cap'. Richard Gerrish 200— Do
1730
I W"" Fellows Do acknowlied to have rec*^ the above bonds: and Do
oblige my Self my heirs, ex" or adm""* to be accomptable to y"^ Speaker
of the house of Representatives for the Time being: to return the S<^
Bonds & what I receive psuant to the above vote on the money Specified
in the Bonds
the Words W'" Fellows was W Fellows
thrice interlined & Fellows once
[p. 98.] august 31: 1727 In the house of Representatives,
Ordered, That the Meads Bond be put into the Treasurers
hands to receive w* is Due thereon
James Jeffry CV ass™
30
466 PROVINCE OF NEW-HAMPSHIRE. [1727.
December tlie 20^'' 1727 In the house of Representatives
the Bonds Entred on the other Side were Bro* into the
assembly from m'' W"^ Fellows by a Comitte Sent for them
and the Said W™ Fellows is hereby Discharged of his roc'
James Jeffry CP ass™
Eod™ Die. In the house of Representatives
Voted That the Same Bonds be put into the hands of m""
Ephraim Dennit for Safe Keeping : and the S'^ Ephraim Den-
nit hereby acknowleiges the rec' of them
Eph' Dennit
[p. 99.] allowances Made att the Sessions begun the 13* November
1727
N° 1 to Richard Perry for work Don to the Carryges &c £20: 5:
N° 2: to John Robinson for loins for the gunus & fixing y*
guns _ £11:19:
K" 3: to Cap* Pierce: for Drummers & Drum heads & his
attendance at Proclamations pr order of y** Gov"" £ — —
voted that m'' Pierces ace' be Dismist
N" 7 allowed Tim" Davis for the use of his Boat & Damage
Don her to Eastw*^ at the Ratification in full £ 2: 5:
N" 10 allowed John Wentworth Jun'' Expended as Gunner
in 1726 to ap-- 20"' £ 5: 8: 6
N" 16 allowed Benj'' Akerman himself & Cannoe Carrying
the Comittee to let the wheels and Carryages out
Jun 1727 : G:
N° S allow Benj" Rust for fire wood house Rent and Can-
dles from S"- y« first 1728 to y« first of 8' 1727 16:
allowed Benj=^ Rust for Expences to the 9"^ Jan 1727-28 6 : 14 : 4
N" 11 allowed m'' Clem' Hughes for John Wiggans Excise
for the yeare 1726 1 : 4
for Wardes Excise for y'^ yeare 1726 4: 17: 4
for his Journey to york & Money Expended 2 : 10
£ 8:11: 4
allowed James Jeff'rey, for his Service as Clerk of the as-
sembly from ye 19* of 9' 1726 to the 9* of 9'' 1727 £15:
allowed Tho^ Harvey ace' for Gundalou & an oar Broak 15: 4
Jau"^ y<= 10«» 1727-8 all the above Sent up 86: 19: 11
Eod'" Die a mess'' pr Geo: JafFrey an Sh" Walton Esq''* that the
above allowances was Concurr'd with —
Jan'' the 12'*': allowed m'' Gamblings accompt for Taking the Peoples
oaths of alleidgiuce £4:
a mess" y' y" above for m"' Gambling v/as Concurrd
a vote Sent up for payment of 2.5*' to John Griflith allowed £1: 5
may y*^ 20, 1727—
[p. 100.] December 13*^ 1727
A Generall assembly Cal'd by AYrit By order of the Liv'
Gov"^ & Councill
1727.]
JOURNAL OF THE HOUSE. 467
The Representatives Return'd from the Several! Towns
for this Province of New Hampshire to Serve in Generall
assembly are
for Portsmouth — Benj=' Gambling Esq""
Cap' George AValker
m^ Epliraim Dcnnit
Dover — Paul Gerrish Esq""
Sam" Tibbcts
Hampton — Nathaniel Weare Esq"^
Cap' Joshua Wingate
uf John Sanbnm
Exeter — Samuell Thing Esq""
m'' Bartholomew Thing
New Castle — Theo Atkinson
Richard Jennes
Kingstown — E])enezer Stephens
Stretham — Andrew Wiggans Esq'
Newington — Cap* John Knight
Londonderry — James Mackeen Esq""
A Mess'^ was Sent up that there were Members Eno to
Make a house
Eod"> Die Geo Jaffrey & John Frost Esq''^ with the Clerk
of the Councill was Sent Down to adnV the Oaths ai)pointed
by act of Parliment, which was Don & Signed by all then
psent and then a Message Came from the Board for the
house to proceed to the Choice of a Speaker
and the house proceeded to ]\Iake Choice of a Speaker
Nathaniel Weare was Chosen Speaker by a Majority of
"Written votes.
[p. 101.1 Eod''^ Die. In the house of Representatives
The Members of the house having taken the Oaths ai)pointed
by act of Parliment : Then proceeded to Choose their Speaker
and accordingly Nathaniel Weare Esq'' was Chosen Speaker.
Sent up. James Jeffry CI' Ass"^
Eod"' Die. A Message Came Down with the Govornors
Entry on the above y' was Sent up viz
I approve the above Choice J Wentworth
Eod'" Die. A Mess^ from the Board that it was his lion''*
pleasure the attend him at the Board : and they went up ac-
cording and the Governor IMade a Speech of which m""
Speaker prayed a Coppy and then returnd.
Then the house Debated whether they Should have a
Clerk of one of the Members : it past in the Negative and
468 PROVINCE OF NEW-HAMPSHIRE. [1727.
then they proceeded to Chiise a Clerk : and James Jeffry
was Chose for their Clerk : v\'ho accepted.
Eod'" Die. A Message from tlie Board with a Copy of the
Govornors Speech which was Read and then the house ad-
journed to the 14*'' Ins* am.
[See Journal of assembly p. 261.]
Thursday December the 14*'' am
the house met according to adjournment all psent as Enter-
ed Cap* Walker for Portsmouth and Cap* Samuell Tibbets
for Dover appeared : and a Message Sent up that they wanted
to be Qualilied liy the Oaths appointed.
Eod'" Die. Sl> Walton & John Frost Esrf and the Clerk
of y® Councill was Sent Down to Quallifie S'' Members —
which was Don and then they tooke theire places accordino:-
Eod"^ Die. In the house of Representatives
James Mackeen Escf Return for a Representative not be-
in a; authentic ; one of the Selectmen of Londonderrv beino-
psent was called in and Declared m"" Mackeen was Legally
Chosen and y* the Returns not being Right was thro Igno-
rance ; however the house accepted him and ordered that
they Should Send a proper Return.
[p. 102.] The Rules of the house was Read : and Voted
that they Should be the Rules of the present house and that
the Clerk write them out and that they be hung up in the
house During the Sessions.
Eod'" Die — The Late Clerk being Chosen by the house his
Time to begin from the End of the Last year viz 0'' 10'" 1727
and was Sworn faithfully to pform the office of Clerk of this
house and to Keep the Records thereof fairely Entered in
y*^ books : his Sallary not agreed : but left to the house to
Satisfye as they think he Deserves when the yeare is up.
Then the house adjourned for two hours p. M.
Thursday X'' 14'" 1727 p. M. the house met according to
adjournment all psent as Entred and then the Question be-
ing put whether there Should be a Bill Bro* in for a Trieniall
act for Choice of an assm It past in the affirmative Nomine
Contradiccnte.
Eod"' Die. A Petition of the North part of Exeter by
Meets & bounds as Set forth in a Town vote of Exeter to be
1727.] JOURNAL OF THE HOUSE. 469
a precint by it Selfe for tlic ]\riiustry and that tlicy Shall be
Excused paying to the Ministry ot the old Parrish.
December the 14'" 1727 In Council! voted that y® ])rayerof
the Petition be granted and that the Petitioners have liberty
to bring in a Bill accordingly and that the name of" the par-
ish be New Market. Richard Waldron CI"" Con.
Eod"* Die. In the house of Representatives
the above vote Read and Concurred & Sent up.
James Jeffry Cl^ ass™
Eod"^ Die. In the house of Representatives
Voted — That Andrew Wiggans Esq^' and m'' Theo Atkin-
son bo a Comittee of this house to Draw up an answer to
the Liv* Gov"^ Speech.
and then the house adjourned to fryday X"" 15"' am.
[p. lOo.] Fryday December the 15"' 1727 am
The house met according to adjournment all pscnt as En-
tred for the Day.
Eod'^ Die. In the house of Representatives.
Whereas it is the universal and earnest Desire of his
]\[aj*'°* good subjects within this Province to have a Trienniall
choice of Assembly men : which is in itself most Reasonable
S: not only Consonant to the use and Custom of Great Brit-
taine but (in effect) a compliance with his late Maj'''* Royall
mind, who has in express words by Gov"" Shute's Comiss"
eomanded that the Laws Statutes and ordinances of this
Province he not repugnant to, but as neare as may be the
Laws and Statutes of the Kingdom of Great Brittaine:
whereby the Constitu" and Statutes of the said Kingdom no
Parliment can continue and be no longer than three years —
Therefore
In the house of Representatives
Voted — That there be an act Drawn up that no assembly
or Lower house of Representatives of this Province whatso-
ever shall have any continuance longer than for three years
only at the farthest, to be accomptcd from the Day on which
by writ they are appointed to meet : and that this assembly
sliall cease on the thirteenth day of December 1780 : unless
the Comander in Chief for the time being think fitt to De-
solve it sooner : and that there be fifteen Dayes at Least
between the Date of the writ for Electino- them and the Dav
470 ' PROVINCE OF NEW-HAMPSHIRE. [1727.
of their being Chosen : and that the notifications stand up
two PubKck Dayes at least in all Towns precincts and
parishes where any Representative is to be chosen — before
the Day of Elect" unless it be upon Extcrordinary Emerg-
encies : voted nemine contradicente.
James Jeffry Cler Ass™
Sent up for concurrence
Eod™ Die — In the house of Representatives,
The Bill for the Settling the North part of The Town of
Exeter to be a parish by i\\(i Name of New Market was Read
and past to be Engrost'ct Enacted & Sent up
James Jeffry CP ass™
Then the house adjourned for Two hours p. m.
[p. 104.] Fryday x'' 15*"' 1727 p. m. the house met accord-
ing to adjournment all psent as Entred for y^ Day
a vote from the Board for an act to be Drawn up for the
Strengthening & amending the act for Registring Births Bur-
ials &c which was Read and Nonconcurr'd.
Eod™ Die In the house of Representatives
a vote was Drawn up for the Recording Marriages Births
& Burials past
Then the house adjourned to Sathurday y*^ 16 am
Sathurday X'' the Sixteenth am the house met according to
adjournment all psent as Entred for the Day
the vote for an act Relating to marriages Births k Burials
was Sent up and alsoe the answer to the Liv^ Gov''^ Speech
In the house of Representatives
There being Defect in the Return from Dover Relating to
their Representatives Chosen
Ordered that the Clerk of this house write to the Select-
men of Dover to amend their Return w^^' was Don as folio*
Gen't the Return you Sent Relating to the Choice of Representa-
tives for your Town is not according to tlie Direction in the Law, you
have Returned three Chosen But not that you have Notified them
psons to appeare: and here is but one appears, Therefore by the order
of the house that you Send next tuesday why those psons Chosen do
not appeare to the house that the house may Know how to act
James Jeffry CI"" ass'"
To the Selectmen of
the Town of Dover
X"- y'' IG 1727
1727.]
JOURNAL OP THE HOUSE. 471
Then the Liv* Governor adjourned the assembly to Tues-
day the 19"^ 1727.
[p. 105.] Tuesday x-" y'^ W 1727
The house met according to adjournment all psent as
Entred for the Day
M^ Speaker Weare M'' Bar^ Thing
Benjamin Gambling Esq"" M'' Theo Atkinson
Cap^ Geo Walker M'' Richard Jennes
m' Ea Dennit M'" Ebenezer Stephens
Cap* Sam'^ Tibbets Andrew Wiggans Esq^
Cap' Joshua Wingate* Cap' John Knight
M"" John Sandburn James Mackeen Esq"^
Samuell Thing Esq^
Eod"* Die : The house being met as above Entred
Voted, That Benj* Gambling & andrew AViggans Esq'' be
a Comittee of this house to form an answer to the Mess''
from the Board Relating to the Proviso in the Late act Sent
home for a Trieniall assembly and present to the house To-
morrow James Jeffry CV ass"'
Messrs Jennes & Sandburn was Sent up a Messa to the
Treasurer to know the State of the Province accompts
Eod'" Die m' Treasurer Came and gave in an Estimate
Whereas august the 31"' 1727 By vote of the Gen" assem-
bly there were twelve Bonds for the valine of 1730 lb Due
from Sundry psons to the Province : put into Cap* W"' Fel-
lows hands for Safe keeping : In the house of Representa-
tives
Voted : That m' Bar' Thing and Cap* Geo Walker & Cap'
Wingate, goe to the S'' W™ Fellows in the Name of the
house & Demand the bonds above Said & upon receipt of
them to give y'' Said Fellows a receipt which Shall be his
Discharge from his rec' in y" ass'" Books
Xr ye 19th 1727
James Jeffry Cl^ ass"»
Then the house adjourned to Wednesday y*^ 20'^ am
[p. 10(3.] Wedness the 20'^ X"^ 1727 a m
The house met according to adjournment all psent as En-
tred for the Day
472 PROVINCE OF NEW-HAMPSHIRE. [1727.
A Mess* from the Board pr Geo Jaffrey R Wibbird Esq'"'
with m'' agent Newmans Letter Relating to the Trieniall act
The Comittes for answering the oLjeetions ag' the Trien-
iall act for an assembly, and Drawing up an act to Repeale
those Clauses Relating to appealing to Gov'' and Councill
being on those affairs the house adjourned for two hours p m
AYednesday X"^ y"^ 20"' 1727 p m the house met all psent as
Entred
Eod°^ Die The answer to a verbal message from the Hon*^*'*
Board on Sathurday Last by Geo Jaffrey & J Frost Esq''* for
the ]Mind of the house Relating to the Trieniall act for an
assem was Read and voted^Nemine Contradicente to be Sent
up the answer is on file
Eod"' Die. In the house of Representatives the Comittee
that Went to Cap* William Fellows for tlie Bonds Bro* them
all into the assembly and the Said W'" FelloM's is Discharged
of his former rec' James Jeffrey Cle'' ass'^
Eod"^ Die. Li the house of Representatives
Yoted, That the Same bonds be put into the hands of m''
Ephraim Dennit for Safe Keeping and the S*' Dennit acknow-
ledges the Receipt of them James Jeffry CV ass"^
his Receipe for them is found four Leavs Backward
Then the house adjourned to Thursday 21 a m
[p. 107.] Thursday X'' 21 1727 a m
The house met according to adjournment all psent as En-
tred for the Day
X^ the 21 : 1727 a Mess^ pr Geo Jaffrey John Frost &
Sha Walton Esq'^ that the vote for a Trienniall act was con-
curr'd with and Bro' it Down with this Entry
In Councill December y° 21** 1727
The above vote Read and the Sundry Messages Relating
thereto haveing been Duly Considered : voted a Concurrence
with the proceeding vote, and Geo Jaffrey Sha Walton &
John Frost Esq''% on the part of the Board are appointed to
prepare the Bill accordingly Passd Nomine Contrad.
Richard Waldron Clc'" Con
Eod"i Die. In the house of Representatives
Yoted, That Benj-' Gambling & andrew Wiggans Esq""*
1727.] JOURNAL OF THE HOUSE. 473
& m'' Epliraim Deiinit be a Comittce of the house to Joyn
with the above Comittee to Draw Said Bill —
James Jeffrey CV ass'^
Sent pr irf Tibhcts <fe Sandburn
Eud'^ Die In the house of Representatives
Voted, That m"^ Bar' Thing & m' Samuell Tibbets be a
Comittee to goe Down and view m"" Tim° Davis's whale Boat
and Sec what Damage was Don her and make re})' to the
house this afternoone James Jeffrey CI'' ass'"
and then the house adjourned for two hours p m
Thursday X"^ 21'^' p. m.
the house met according to adjournment all psent as
Entred
Eod"* Die. In the house of Representatives
a vote passed for the Repealing the Riotuos act and Sent
up
Eod"i Die M-" Clerk Waldron Bro^ Down tlie act w*" amend-
ment for Registring Births Deaths ]\Iarriagcs & Christining
which was Read and ordered to ly for Consideration
Then the House adjourned to Fryday 22'^ a m
[p. 108.] Fryday December y'' 22" a m
the house met according to adjournment all psent as En-
tred for the Day
Eod"" Die, the amendment to the act for Births & Burials
(fcc was Read the amendment was Nonconcurd — and the
house adherd to their former voat to the first Bill
James Mackeen Esq"^ the Representative for Londonderry
Desires that in Consideration of the Infancy of theire Town
tho they have the full Number of families to Make them Sul>
ject to the penalty of the Laws of this Province Relating to
Gramer Schools
They Say the Charge of Gramer Schoole will maintain
two other Schools for Reading and Writing which is much
More bcneficiall to them few or any of them being able to
give theire children Gramer Learning : and huml)ly Desires
this Gen" ass™ will be pleased to make an order that they
May Ijc Exempted from the penalty they may be Subject to
for not Keeping a Gramer Schoole Since they keep four
other in their Town
474 PROVINCE OF NEW-HAMPSHIRE. [1727.
Eod" Die In the house of Representatives
Ordered, That Considering the infancy of the Said Town
of Londonderry : Provided they keep two Schools for writ-
ing and Reading in S*^ Town, That they be Exempted from
the Penalties in the Laws of this Province Relating to
Gramer Schooles for one yeare Next Ensuing to Comence
from their annual Meeting in Alarcli Next and all Courts
that have authority in that affair are to take Notice of this
order and Conform according to it
James Jeffry CP ass*"
the above vote Bro^ and amended for two years & Sent up
and Concurred in Both houses.
Eod"' Die. In the house of Representatives
Voted — That Benjamin Gambling and m'^ Ep Dennit for
Portsmouth Samuell Thing and m'' Bai'th Thing for Exeter
m"" Speaker Weare & Cap^ Wingate for hampton be a Comit-
te of this house to joyne with a Comittee of the upper house
to goe to the Severall Trustees That are in Each of the
Towns they are apppointed for ; and Examine Avhat ]\Ioney
is in the hands of Said Trustees for Exch=^ the old Cypher
Bills and to Make Return to the assembly at their Next Sit-
ting.
Eod'" Die. A Mess"" Came Down with a vote for Repeal-
ing y'' Riotuos act that the house would Explaine what In-
conveniences there was in it.
[p. 109.] Eod'^ Die — In the house of Representatives
Voted — That Benj^' Gambling Escf and m'' Theo xitkinson
goe up as Messengers to the Board to tell what the Incon-
veniences are that attend that act & they went up accord.
Then the house adjourned for two hours p. m.
Fryday X"^ 22'^ 1727 p. m. the house met according to
adjournment all psent as Entered.
Eod'" Die. In the house of Representatives
upon Reconsidering the vote of the Councill of the 21^* Inst
for amendment of the act Relating to Marriages Births &c
voted that there he a Comittee of both houses to Draw up a
New Bill & But Nothing Don upon it.
The house adjourned to Sathurday y*" 23*^ am.
Sathurday December 23'' am the house met accord to ad-
journment all psent as Entred Tlie Bill for the Trienniall
assembly wasRead and past with the amendment.
The vote Made at the Request of Justice Mackeene was
1728.] JOURNAL OF THE HOUSE. 475
Sent up and a vote for Examining tlic Trustees for the Ex-
changing y'^ Cypher Bills and what is in their hands with a
vote for the Plates in Coll Plaisteds hands to be put into m''
Gamblings hands ; and m"" Gambling and m"" Dennet to De-
mand them But afterwards it was Known y*^ Plates were in
m'' Theo Atkinsons Keeping.
a Mess^ pr m"" Cler Waldron that the vote for the Comitte
about the Money & Plates was Concur'd and that the Board
voted the Same psons to Stand as a Comitte for them alsoe
Eod'" Die A Mess^ from the Board pr J Frost J Odiorn
& Cle"' Waldron that the Trieniall Bill Lay for Consideration
till Next Sitting and that his hon"" adjourned the assembly
to tuesday Com sennit
[p. 110.] Tuesday Jan'^ 2'^ 1727-8 The house met accord-
ing to adjournment all psent as Entred for the Day
M-" Speaker Weare M'" Bart Thing Es(/
Benjamin Gambling Esq"" M^ Theo Atkinson
Cap* Geo Walker nV Richard Jcnnes
Yif Ep Dennit m"" Ebenez"^ Stephens
Cap^ Samuell Tibbets andrew Wiggans Escf
Cap* Joshua Wingate Cap* John Knight
m"" John Sanburn James Mackeen Esq"^
Samuell Thing Esq""
Eod"^ Die In the house of Pepresentatives
The amendment for the Trieniall act for the assembly was
Read and voted to pass
Then the house adjourned to Wednesday y^ 3'^ am
Wedness the 3'' Jan'' 1727-8 am the house met according
to adjournment ail psent as Entred for y'' Day the Trieniall
act was Sent up
Eod»> Die A Mess^ pr Geo Jaffrey & J. Odiorn Esq^ y* y^
vote was Concurd with, with the amendment of one Word
more viz Enacted instead of Intended
Eod™ Die In the house of Representatives
a Vote past for the Prohibiting the Sup' Court of Judica-
ture to Grant appeals to the Gov'' & Councill was sent up
[p. 111.] A ^Message was Sent Down pr Geo Jalfrey Slia
AYalton <& J Odiorn Esq'' that the above vote was noneon-
476 rROYINCE OF NEW-HAMPSHIRE. [1728
curr'd k then Read one paragraph in the Governors Instruc-
tions viz tliat (y® Gov"") Do not Erect any Court of Judica-
ture Nor Dissolve nor alter any Court already Errected with
out our Speciall order.
Eod™ Die A Mess^ pr Geo Jaffrey & Sha Walton Esq^%
with the Riotous act that it was his hon"^^ & the Boards
opinion that the Clauses in Said act was not Grievious as
was Represented : and that Considering how the Massachu-
sets people Intrude upon us : that this act Might Still Con-
tinue in force untill Some other way be made as Tho' Most
proper
Then the house adjourned for two hours p. m.
Wednesday Jan 3'' p. m.
the house met according to adjournment all psent as En-
tred for the Day
The house acljournd to Jan'' 4'"' 1727 am
Thursday Jan'' 4*'^ 1727 am the house met according to
adjournment all psent as Entred for the Day
Eod'" Die In the house of Representatives
Whereas there has Sundry Inconveniences arisen within
this Province Concerning the Tryals of Titles of Land ;
psons being at Exterordinary Charge : That When they have
gon thru the Inferior & Superior Courts The has been ap-
peals to Govern'' & Councill by WHiich Reason Exterordinary
Expense and Diflicultics Do and may arise for Remedy
Whereof
voted That in all Cases where Title of Land is in any
ways Concernd actions Shall Comence first at the Inferior
Court of Comon please : and in Case any one appeals from
y" Judgm*^ or Sentence of Said Court to the Sup'' Court of
Judicature that there shall l)e a finall Issue and end thereof:
unless the Matter or Cause Exceed the True valine of three
hundred pounds Sterling that then any party may appeal to
his Maj*'*" In Councill: and that [p. 112.] noe appeale be
otherwise granted Where Title of Land is Concerned any
Law usage or Custome to the Contrary thereof in any wise
Notwithstanding : and that an act 1ie Drawn up accordingly
James Jeffrey CV ass™
Sent up for Concurrence
[1728. JOURNAL OF THE HOUSE. 477
Eod'" Die M'' Clem* Hughes Came in and Declared that
Severall persons had license to Sell not paying Excise
Eod'" Die A Mess-'' pr George Jaffrey & J*" Odiorn Esq'*
in answer to the above vote that his lion' Cannot Comply w*^
it : his hon'^ Instructions being against it* and then the vote
was Sent Down Nonconcurrd
Eod"' Die a vote Came Down from the Board for a Sur-
vey to be Taken of the Rivers and Winnipeshokee pond
But Nothing Don on it
Then the house adjournd to Fryday y" 5"' Jan' a. m.
Fryday Jan' 5* 1727 a. m. the house met according to ad-
journment all psent as Entred for the Day
Eod"^ Die. In the house of Representatives
A Mcss^' from the Board pr Geo Jaffrey & Sha AValton
Esq'* Relating to the Riotous act was Desired to be Con-
sidered on
It was put to the Question whether the liouse would Con-
sent to Let y" act Rcmaine in force or not it past in y'' Neg^
and then whether the house adher'd to their former vote for
the Repealing it & it past in the affirmative : and a Mess*
was Sent up accord
Eod'" Die In the house of Representatives
Voted : That andrew Wiggins Esq' & m' Thco Atkinson
be a Comitteo of this house to Joyn with a Comittee of the
upper house to examine the accompts Bro*^ in this Sessions
and make Rep*^ to the assembly for approbation
James Jeffry CI' ass'"
Eod"" Die A Mess^ pr m'" Waldron y* y*" above vote was
Concurd w*"^ and that ar M'phedris & R Wibird Es(f* was
appoin'^ at y'^ Board
Then the house adjournd for two hours p. m.
Fry Jan"" 5*'^ 1727-8 p. m. the house met according to ad-
journment the Comittee went on the affaire of the accompts
Then the house adjourned to Sathurday y'^ 6 a. m.
Sathurday Jan' 6*'' 1727-8 the house met according toadj'^t
and an act Bro* Down from the Board Relating to the assize
of Shingles past on there and Read in the house and the
Comittee for y° accompts Made their Heir? Return.
Then the assembly By order of the Liv* Gov' was adjourn-
ed to Munday Jan' y*^ 8'" 1727-8.
478 rROViNCE of new-hampshire. [1728.
[p. 113.] Mnnday Jan-" the 8^^ 1727-8.
The house met according to adjournmeut all psent as
Entered.
W Speaker Weare BartW Thing
Benj-'' Gamblin Escf nv Theo Atkinson
Cap* Geo Walker m"" Richard Jennes
M' Ep Dennit Ebenezer Stevens
Cap* Sam" Tibl^ets Andrew Wiggans Esq''
Cap* Josliua Wingate Cap* John Knight
nV John Sandl)urn James Mackeen Esq"^
Samnell Thing Esq''
The house proceeded on the Shingle act : and Desired
the Clerk after adjournment to Draw up Said act.
Then the house adjourned to Tuesday Jan'' 9*'' am.
Tuesday Jan'' the 9"' 1727-8 am the house met according
to adjournment all psent as Entred for the Day.
The Clerk Bro* in the act Relating to Shingles : which
was Read three times and past to be Engrost & Sent up.
Eod'" Die. — A vote was Drawn up and past to have a
jury at the Court of appeals l)efore Gov'' & Councill : and that
Each of y'' Councill take an Oath as Shall be prescribed :
The vote on file was Sent up.
Eod"^ Die. The above vote Bro* Down Non concurd
and a mcss^ That if some pro])er Oaths was Drawn up the
Councill would Readyly take them.
A Mess'' from the Board that the Shingle act was passd on
at the Board.
Then the house adjournd to Wednesday y® 10*'' 1727-8.
Wednesday Jan'" 10**' 1727-8 a. m. The house met accord-
ing to adjournment all psent as Entred for the Day.
[p. 114.] Jan-- 10**' 1727-8.
The vote for a Jury at the Court of appeals was Sent up
againe with a Message to pray the Board to reconsider the
vote.
Eod"" Die. The Same vote Sent Down with Entry on it
to ly for Consideration to tlie Next Sessions.
Eod"' Die. The vote for Repealing the Riotuos act was
Bro* Down Nonconcurrd.
1728.] JOUKNAL OF THE HOUSE. 479
In the house of Representatives.
Whereas the Court Home times Called a Court of appeals
and Sometimes the Court of Chancery : assumes an arbi-
trary po\Yer without foundation or precedent : and whose
proceedings are Neither by Juries Nor any Known Rules &
Laws which renders the Estates of his Maj"'^'' good Subjects
within this Province most precarious and their Circum-
stances most Deplorable which has occasioned a Generall
Cry for Reliefe under So heavey a Burthen & whereas his
lion'' the Liv* Governor has Signified to us upon application
Made to the hon'''° Board That his Instructions forbids the
Disolving any Court already Erected & therefore that wee
May Expect Noe remedy from him and whereas y^ Province
has been at a very Considerable & fruitless Expence for Set-
ling the Province lines and for obtaining Stores of Warr,
and the assembly frequently amused from time to time &
yeare to yeare with hopes of Success cS: that a little Money
at one time and a little Money at another time would accom-
plish the affaire yet Notwithstanding these plausible Intima-
tions & the Raised Expectations of Some the Matter for
ought any thing we Can See is as far from a happy and favor-
able Issue as when the attempt was first Made & whereas an
additionall Number of Councillors from the Severall parts of
the Province is what People in Generall & this house as
theire Representatives Earnestly Desier being assured it
Cannot faile to promote the happiness of the Province and
where as Many other things beneficiall for the Goverment
may be proposed and Considered and Where as the worthy
Gcn^ who was lately an agent for us his Comission is Ter-
minated : Therefore voted That Some faithfull Gen* of Suit-
able Capacity and ability from hence who has the Interest
of the Province at heart and one on Whose Integrity and
[p. 115.] uprightness wee May Depend be forthwith Comis-
sionated and instructed to appeare at the Court of Great
Brittaine & Memoriall to his Maj*'*" the Grievances before
mentioned & to Implore his Grace and favor in ordering the
Disolving the Said Court or if that may not be then a New
Regulation of It as in his Princely wisdom Shall Seem Right
in Causing the lines to be Settled & y® Stores Granted, tlie
Number of Councillors increased as a'ffore S"^
Jan^ 10*^^ 1727-8 James Jeffry CI-- ass'"
Eod'" Die. A Message from the Board pr Geo Jaffrey
480 PROVINCE OP NEW-HAMPSHIRE. [1728.
& J Frost that liis hon'' and the Board tho* the vote highly
reflected on the Board in Saying that the Court of appeals
acted without Law or president and that the Same was a
Scandalous liblc.
In the house of Representatives,
Eod™ Die Whereas this house has been unjustly Reflect-
ed upon and Taxed with Negligence in Not giving the Ne-
cessary Dispatches to the Publick Buesiness
Therefore that his Maj"*^® Subjects within this Province
may be undeceived and such Reflection taken away Voted
That the proceedings of this Sessions be forthwith printed
at the Charge of the Government.
Sent up James Jeffry CP ass™
Eod™ Die the above Returned nonconcur'd
Eod™ Die In the house of Representatives
Voted, That James Jeffrey be paid out of the Publick
Treasury the Sume of fifteen pounds as Clerk of the assem-
bly from the 19*^ of November 1726 : to the 19"' of 9'- 1727
in full
James Jeffiy CP ass™
Then the house adjourned for two hours p m
"Wednesday Jan"" 10 p m the house met according to ad-
journment all present as Entered
The Comittee of accompts Made their Returns which was
voted accepted : and the Sundry allowances as Entered for
the Day in the Begin'g of the Sessions Entrys
[p. 110.] J^inuary the 10*^ 1727-8
A vote Came Down this Day from the Councill (as on
file) for the house to Retract their vote Sent this Day to the
Board Relating to the Court of appeals
Then the house adjourned to thursday the 11 Inst am
Thursday Jan"" IP^^ 1727-8 am the house met according to
adjournment all psent as Entered for the Day
Eod™ Die. a vote sent up in answer to the above vote as
on file — then the house adjourned for two hours p. m.
Thursday p m the house met according to adjournment all
psent as Entered for the Day.
The' house adjourned to fryday y*^ 12 am.
Fryday Jan' the 12*'' 1727-8 am the house met according
to adjournment all psent as Entred for the Day.
1728.] JOURNAL OF THE HOUSE. 481
a vote to Repeal part of the Powder act Sent up : and a
Mess" Sent Down pr m"" CI'" Waldron with the Same vote
Saying it was Read at the Board and Whereas the Kings
Instructions Do Expresly forbid the Repeal of any acts
which Grants any thing to the Kings use : and therefore
Noncurrd.
Richard Waldron CP Con.
Then the house adjourned to Sathurday y*^ 13^'' am.
Sathurday Jan"" the 13*'' 1727-8 the house met according to
adjournment all psent as Entred for the Day.
The assembly was adjourned by order of the Liv* Gov'' to
the 23^^ Ins*.
[p. 117.] Tuesday Jiinuary 23'^ 1727-8.
The house met according to adjournment all present as
Entered for the Day.
M^ Speaker Weare Sam" Thing Esq''
Benj'^ Gam]>ling Esq-" M'' Bart Thing
Ca])t Geo Walker W Theo : Atldnson
]\I'' Ep Dcnnit M' Richard Jcnnes
Cap* Paul Gerrish M'' Eben Stephens
Sam^^ Til)bets andrew Wiggans Esq''
Cap* Joshua Wingate Cap*^ John Knight
M"" John Sanljurn James Mackeen Esq""
Paul Gerrish appeard and was Qualified for a Member &
took his place
Then the house adjourned to Wednesday Jan'' the 21tli
1727-8 am.
Wednesday Jan'' the 21'^ 1727 am the house met accord-
ing to adjournment all psent as Entred for the day
A Mess'' from the Board that his hon"" & the Board was
Ready for a Conference about the Dispute of the Court of
appeals
The house went up and had a Conference and then Re-
turn'd : and then adjournd for two hours p M
Wednesday Jan'^ 21"' 1727-8 p m the house met according
to adjournment all psent as Entred for the Day
The house adjourn' d to thursday the 25"' : am
31
482 PROVINCE OF NEW-HAMPSHIRE. [1728.
Thursday Jau' the 26*^ 1727-8 am the met according to
adjournment all psent as Entred for the Day
[p. 118.] In Council Jan-^ the 25«^ 1727-8
Whereas the arrival of his Excellencie Governor Burnet
is dayley Expected at Boston &q
Voted, That a Comitte of both houses he appointed to
attend on his hon"" the Liv* Gov'' to Boston to Congratulate
his Excellencies arrival there in the Name of this Govern-
ment &c and that the Said Comitte Make Suitable Provision
for his Excellencies Reception when he Comes into this
Province and that the Treasurer Defray the Charge thereof
Ptichard Waldron CI"" Con
Jn' the 2G*'' : in the house of Representatives Read &
nonconcurr'd Jas Jefi'ry CI'' ass"^
Then the house adjournd for two hours p m
Thursday Jan' 25"' 1727-8 p m the house met all psent as
Entred for the day
Eod™ Die In the house of Representatives
Voted, That there be Signed off the Sume of Seven C
pounds by the Comitte that is appointed for Signing the Bills
of Credit Last printed : and put into the Treasury for the
payment of what Debts arc Now allowed or Due from the
Province : and that his hon'' the Liv* Governor be Desired
to Issue his warrants for payment of the same to those psons
where it is Due James Jeffry CI"" ass™
27*" Die a mess^ from the Board pr m'' CV Waldron y* y®
above vote was Concurrd
Then the house adjournd to Fryday am
Fryday Jan' 26^'' 1727-8 am the house met according to
adjournment all psent as Entred for the Day.
Eod"' Die In the house of Representatives
Voted — That two of the members of this house be a Com-
ittee to goe to Boston to Congratulate his [p. 119.] Excel-
lencie Gov'' Burnet as Soone as he Comes to Boston in the
Name of this house and if the hon'''"' board Se Cause to
Send two from the Board that the Charges of the Said four
psons be paid out of the Publick Treasury.
Then the house adjourned r. M.
James Jeffry CP ass'"
172S.] JOURNAL OF THE HOUSE. 483
Frydaj Jan' 26 p. m. the house met according to adjourn-
ment all psent as Entred for tlie Day.
A Petition of the Inhabitants of Londonderry was Read
& Ordered thereon that the Petitioners kServe the opposite
parties with a Copy thereof: and that Each party attend on
the Second Day of the Sitting of the Gen' assembly in the
Spring Sessions to be beared on the pmises.
' James Jeffry CP ass'^
Eod™ Die. A Mess^ pr m' CP Waldron y* y'' above vote
was concurr'd.
The New vote for Repealing the Riotous act (as on file)
was Sent up.
In the house of Representatives
Voted : That Cap* George Walker & nP Ephraim Dennit
be a Comittee of this house to Joyn with a Comittee of the
upper house to Provide a house for the Entertainment ol his
Excellencie Gov' Burnet against his arrivall and that when
he Shall give Notice (or it be Known) when he Intends to
Come into this Province. That the Said Comittee Make
Suitable Provision & Entertainment for his Reception here
and that the Treasurer Supply Said Comittee with Money
for the End above Saide.
James Jeffry CP ass'"
Jan-- 27'" a Mess=* pr m' CP Waldron
that the above vote was Concurrd and R Wibird <fc H Sher-
burn Es(p* were appointed at the Board for that End.
the vote for y*" Comittee to Waite on the GovonP as above
Came Down Noncurrd and another Sent Down which was
Noncurrd in the house and voted that the house adlierd to
their former vote : and voted that nP Speaker Weare and
Benj^ Gambling Esq"" be a Comittee from this house to
Waite upon his Excellencie Gov'' Burnet at Boston &
James Jeffry CP ass""
the Bill for Repealing the Riotous act was Read three times
and past to l)e Enacted & Sent up.
[p. 120.] In the house of Representatives
Voted— That Whereas there was 5384 11) Bills of Credit
of this Province put into the hands of Sundry psons for y"
Exchanging the old figured Bills of Credit on this Province
and there being More than what is Sufficient to Exchange
w* is out of S^' old money voted That the psons in whose
hands the Said Bills or any part thereof are be Directed to
484 PROVINCE OP NEW-HAMPSHIRE. [1728.
Bring the Same into tlie Gen" assembly on the third Day of
the Spring Sessions in May with thcire ace* of what they
have Exchanged and that the Severall psons be served w'^ a
Coppy of this vote.
James Jeffry CI"" ass™
a Mess^ from the Board pr m'" CF Waldron y* y'' above
vote was concurr'd and that the Kiotons act had the first
Read" & Shoukl have a Second tomorrow.
Then the house adjourn'd to Sathurday the 27"' 1727-8.
Sathurday Jan"" the 27"' 1727-8 am the house met accord-
ing to adjournment all psent as Entred for the day.
A Mess'^ Was Sent up that it is the mind of the house that
m*' agent Newman May proceed on y" former Instructions and
with the Money he has got for the Setling the lines
[See Journal of General Assembly, p. 281.]
Then his hon' the Liv* Gov' prorogued the ass"' to y^
2" Tuesday in May next.
Dissolved by Proclamation.
[p. 121] Aprill 9t" 1728.
The Liv' Governor By his writ Called a Generall ass'"
which met this Day accordingly the members Returned are
for
Portsmouth Cap' Josliua Pierce
. Cap' George Walker
m'' Eaphr Dcnnit
Dover Paul Gerrish Esq''
Cap' Sam" Tibl)ets
Cap' Francis Mathes
Hampton Nathaniel W^eare Esq^
Cap'^ Joshua Wingate
m'' John Sandburn
Exeter Sam" Thing Esq''
nV Bart Thing
New Castle Theo atkinson
nV Richard Jennes
Kingston Ebenezer Stephens
Stretham Andrew Wiggins Esq''
Newington John Downing
Londonderry Ja"" ^Mackeen Esq''
1728.] JOURNAL OF THE HOUSE. 485
and being all met as Entered : Geo Jaffrcy : J Odiorne &
Henry Sherburne Escf^ were Sent Down with the Clerk
of the Coiincill to adm"" the Oaths : which the Members
Took : and then they return'd and a Mess'' Came Down for
the house to proceed to the Choice of a Speaker : then the
house proceeded to the Choice of a Speaker and Nathaniel
Weare Estf was Chosen Speaker by a Majority of votes —
which was Sent up in Writing. James Jeffry CV ass™
Eod'" Die the Same Came Down underwrit
I Disallow of the above Choice : and Direct the house to
proceed to another Choice J Wentworth
Eod"' Die upon which Xegativeing the Speaker the house
Resolved on the following Mess'' viz, That a Mess^ go up
from this house to his lion' in answer to his Negativeing the
Speaker [p. 122.] Chosen by this house Setting forth that
in as much as that Matter is Entirely New there Never have-
ing any president of that Nature in this Province and as this
house Avould not be tho^ to Endeavor any Infringm^ on the
Royall Prerogative : So they would be Careful of y'' Privelege
of the house in that affaire : Therefore to pray his hon"^
would be pleased to Inform the house whether the Gov'' Co-
mission or Instruct particularly mention the power of Nega-
tiveing a Speaker of y*^ house : i\v Theo Atkinson : Cap*
Paul Gerrish m"" John Sandburn & m'' Ephraim Dennit went
up with the above Mess-''
who returned for answer that the Governors Comiss'' was
Shewn and a paragraph Read which the Gov"^ Supposed Im-
plied Such authority therein
Eod™ Die a Nother Mess^ Sent up Desireing that para-
graph in the Gov"" Comiss" Relating to the Negativeing a
Speaker Might be Read in the house
Eod™ Die Geo Jaffrey Came Down and Read a Para-
graph in the Comiss" viz. and Wee do by these presents for
us our heirs and Successors &c That in framing and passing
of all Such orders Laws Statutes & ordinances whatsoever
to be passed in our Gen' ass™ you the Said S S Shall have a
Negative voice
Then the Liv* Gov"^ adjourned the assembly to W^edncsday
the 10^" am
486 PROVINCE OF NEW-HAMPSHIRE. [1728.
Wednesday aprill 10"^ am The house met accordhig to ad-
journment all psent as Entred for the Day & m'' Speaker
Weave
A Written Mess^ Sent up & Returned againe
Then the house adjourned for two hours p. m.
The house met according to adjournment and thcn4id-
journed to thursday the 11"' am
[p. 123.] Thursday aprill 11 1728 am
The house met according to adjournment all psent as En-
tred and m"" Speaker Weare
In the house of Representatives
3Iay it please your lion^r
Witli the Greatest Defference to your hon''^ Comiss" & utter ahhor-
ence-of Every thing that looks like the Least Infringra' on the Power
therein Granted Wee humbly take leave to Remonstrate : that wee
have Maturely Considered your hon''* Disallowance of our Choice of a
Speaker : and those Clauses in the Governors Comission which have
been offered to Support the Same : and that the Negative voice to be
Enjoyed by y*^ Coniander in Chief : by virtue thereof Cannot in our
humble oppinion by any Rational Construction Extend your hon"
power : to the Negativeing Such orders & Rules of this house as only
Concern the Settlement & Regulating tliei-eof as in this Case for that
the Negativeing Power Relates Wholly to Laws Statutes and Ordin-
ances to be passed by the Gov"" Councill & assembly & no other : as
AVill most obviously appeare by Comparing one part of the Comission
with the other : and besides wee have it from the fiimous Bishop Bur-
net in the history of his own times that it was a Settled Point in the
house of Comons in the Dayes of King Ch"^ the Second: that the house
had an undoubted Right of Chuseing their Speaker : and that the pre-
senting him to the King was only Matter of Course and not for appro-
bation : which Settlem' M'e Cannot Learn has Ever been Questioned by
any King or Queen of Great Britt" Since : Wherefore upon the whole
wee do humbly Insist upon and adhere to our Choice & Earnestly pray
that we may have y"" hon''"* favor in proceeding to the other business of
the Sessions James Jeffry CI'' ass™
the above Sent up and returned againe w"' a Mess" that
the Gov'" Could not alter w* was Don
the house adjourned for two hours p. m.
[p. 124.] the house met according to adjournment and
was adjourned by the Liv^ Gov"" to fryday y" 12"' am
Fryday aprill 12*'' 1728 am the house met according to
adjournment all psent as Entred & m"" Speaker Weare
The house adjourned for two hours p. m.
1728.]
JOURNAL OF THE HOUSE. 487
Frjday p. m. the house met according to adjournment
A Mess^ Came Down that the assembly was Prorogued to
Sathurday aprill lo^"^ 1728 am
Sathurday aprill the 13"^ 1728 am
The house met according to prorogation all psent as En-
tered and m"" Speaker Weare
A Mcss^ pr the Clerk of the Councill
That the assembly Was prorogued to Wednesday the Next
a three a Clock.
[p. 125.] Wednesday aprill 17*" 1728 the house met accord-
ing to Prorogation all psent as Entrcd for the Day
M' Speaker Weare Samuel Thing Esq''
Cap* eloshua Pierce m'' Bar^ Thing
Cap* Geo Walker m' Theo Atkinson
m'' Ep Dennit m"" Richard Jennes
Cap* Paul Gerrish m"" Eben'" Stephens
Cap' Sam'^ Tibbets Andrew Wiggans Escf
Cap' Francis Mathes Cap' John Downing
Cap' Joshua Wingate James Mackeen Esq''
m'^ John Sandburn
The Governor adjournd the assemljly to thursday y'^
18'" am
Thursday aprill IS*'' : 1728 am the house met according
to adjournment all psent as Entred for the Day and adjournd
for two hours p m
Thursday aprill 18'" p m the house met according to ad-
journm* all psent as Entrcd for the Day and then the follow-
ing Resolve of the house was Drawn up
Whereas this house on the Ninth Instant met according to
the Liv* Gov' Writ (as Comandcr in Chief) for the Calling
a New assembly, Did Then proceed to the Choice of theire
Speaker, Which was Nathaniel Weare Esq'', Who upon pre-
senting was Disallowed by his hon"" the Liv' Gov"" which this
house Esteems an Infringm' of a Prevelidge they have always
Injoycd — this house have [p. 126] Insisted and Still Do
Insist upon it as their undoubted Right to Chusc theire
Speaker & that the Confirmation thereof is only of Course :
and after Sevcrall adjournments and two Prorogations :
488 PROVINCE OF NEW-HAMPSHIRE. [1728.
having met this Day : they unanimously Resolve they being
Most of them of the Late assembly : Whereof the Said
Nathaniel Wearc Esrf was Speaker : that they must Justify
him in the PrQccedings of the Last assembly : & that he
acted up rightly : l>oth as to his Most Gratious Maj'^''', & for
the good of his Country : and have Nothing to Tax him
with or Lay to his Charge and think him Still a proper pson
for theire Speaker
But the Said Nathanicll Weare Escf for Sundry Consider-
ations him thereunto Moveing : Desiers this house : That he
May be Released from the Burthen of the Chaire that is
Incumbent on a Speaker : and That they will proceed to the
Choice of a New Speaker, Resolved in the house that this
house thanks the Said Nathaniel Weare Esq' for his good
Service in the house and then proceeded to the Choice of a
New Speaker : and accordingly andrew Wiggans Estf was
Chosen Speaker
Which Choice was Sent up and approved off and then a
Mess^ Came Down pr m"^ CP Waldron tliat it was his hon"^*
pleasure that the house attend him at the Board the liouse
went up accordingly and his lion' Made a Speech to them :
of which m^" Speaker prayd a Co])y and then returned
and Proceeded to the Choice of a Clerk and James Jeffry
was Chosen Clerk of the house and Sworn as under
you James JelTry are Chosen Clerk of this house you Do
Swearc that you will Enter all votes and orders thereof and
in all things Relating y° office you will act faithfully & Im-
partially
the Gov' Speech was Sent Down and read
[See Journal of Assembly, p. 286.]
[p. 127.] Aprill the 18"> 1728
In the house of Representatives
Yotcd, That Nathaniel Weare Esq' & Cap^ Joshua Pierce
be a Comittee of this house to Draw up an answer to the
Gov'* Speech & bring into the house for approbation
James Jeffry CI' ass""
Then the house adjourned to fry day 8 Clock am
Fryday aprill the 19"^ 1728 am the house met according
to adjournment all psent as Entred for the day
Then the Rules of the liouse was Read being ten in the
old and voted to be the Rules of this house
1728.]
JOURNAL OF THE HOUSE. 489
and Voted That Every Bill to be passed in this house be
Read three times : and that there be two adjournments of
this house before any J3ill pass : and that Every Member
Keep his place in the house and Not to Speak out of it
James Jeffry Ci"- Ass"^
Eod™ Pie.
In the house of Representatves
a Bill was Bro* in and Read for the Calling a New assem-
bly Every three years
and, a Bill for the assize of Shingles w^as Read
Eod™ Die In the house of Representatives
a Bill for Repealing the act that Prohibited Trade w"' the
Indians
Then the house adjourned for h an hour p m
May the 19*'*, 1728 p m the house met according to ad-
journ m*
The affore Said acts : for the triennial ass™ the assize of
Shingles and for Repealing the Prohiluting the Indian Trade
& the Riotous act was Read the 2'' Time
Eod"^ Pie. In the house of Representatives
Voted m"" Weare : atkinson & Pierce & Wiggans be a
Comittee to Draw up Some Scheam for altering : or addi-
tionall Regulating the Court of appeals before the Governor
& Councill & present it to the house for approbation
James Jeffry CV ass'"
Then the house adjourned for two hours p m
[p. 128.] aprill the 19"^ 1728 p m
The house met according to adjournment all psent as En-
tred the affore Said three act was Read three times Each
and Sent up and a Mess^ Came Down that they were all
Concurr'd
Then the house adjournd to Sathurday y*" 20*'' am
Sathurday aprill the 20"' am the house met according to
adjournment all psent as Entred for the Day
Eod"^ Die In the house of Representatives
Voted, That Cap* Geo Walker & m"" Ea Dennit be a Co-
mittee of this house to Joyn with a Comittee of the upper
house to Provide for the Entertainment of his Excellencie
Gov"" Burnet against his arrivall and that when he Shall give
Notice (or it be known) when he Intends to Come into this
Province y* the Said Comittee Make Suitable Provision &
490 PROVIXCE OP NEW-HAMPSHIRE. [172a.
Entertainment for liis Reception here : and that the Treas-
urer Supply S'' Comittee with money for that end
James Jeffry C? ass™
a vote past for the Raising 30000 pounds as the 15000 was
in the yeare 1719
Then his hon'^ adjournd the assembly to Wednesday Next
Wednesday aprill 21^^ 1728 the house met according to
adjournm^ psent
m"" ;>peaker Wiggans m' John Sanburn
Cap* J. Pierce Sam'' Thing Esq
Cap* Geo Wallver m-" Bar* Thing
m'' E. Dennit m"" Theo Atkinson
Cap* P. Gerrish m'' Rich'^ Jennes
Sa Tibbets m"" Eben Stephens
Era Mathes Cap* J Downing
Natt Weare Esq"^ James Mackeen Esq''
Caj)* J Wingate
[p. 129.] The house adjournd to Proclaim the Liv* Govern-
ors New Comisssions
Wednesday p m — the house met according to adjournm*
and adjournd to Thursday the 25*'' 1728 am
Thursday the 25*'^ 1728 am the house met according to
adjournm* all psent as Entred for the Pay
Eod™ Die. a Mess'' pr nf Geo Jaifrey with a letter from m'^
agent Newman and also the Liv* Gov"" Comiss"
Then the house adjournd for two hours p m
Thursday p m the house met according to adjournment the
answer to the Gov'® Speech was Voted & Sent up
Then the house adjournd to fry day the 2G : am
Fryday aprill 26*'' 1728 am the house met according to
adjournment all psent as entered
a vote past for Suspension of that part of the Powder act
Relating to Coasting Sloops Sent up & Concurred w"'
a vote Sent up for Revising the Laws
1728.]
JOURNAL OF THE HOUSE. 491
a vote : for the payment of 16 lb to Benj*^ Rust in stead of
that y' was allowed him the 13'" 9' 1727
Then the house adjournd for 2 hours p : M
Fryday p : m the house met according to adjournment
a vote Sent Down from the Board for Revising the Laws
Then the house adjournd to Sathurday y"" 27^'' : a m
Sathurday aprill 27"' : 1728 am the house met according
to adjournment all psent as Entrcd for the Day
Eod™ Die. In the house of Representatives
Voted That this house Desiers his hon'' the Liv* Gov-
ornor to give his orders (according to the Vote of the assem-
bly of apr 26'^') to the receiver of the powder money : that
he forbear to receive from any Sloops any powder money
by Virtue of the act for payment thereof
James Jaffry CI' ass™
the vote Emitting 3 M pounds Sent up : & In Councill
Suspended to the next Sessions : and Concur'd in the house
[p. 130.] Voted that there be Signed off the Sume of Six
hundred pounds by the Comitte that is appointed for Signing
the Bills of Credit Last printed & put into the Treasury for
the payment of what Debts are now Due from the Province
and wiiat P]ls is and may Ije allowed by the Gen'^ ass™ Now :
and his hon'' be Desierd to Issue out his warrants accord-
ingly James Jeffry CI' ass™
A Mess* y* y'' above was Concurred
Whereas his hon' the Liv^ Gov' has had the whole Gov'm'
Still Continued upon him as Comander in Chief
Voted, That he be presented and paid out of y" publick
Treasury the Sume of one hundred pounds for halfe yeare in
1727 James Jeffry CI' ass™.
a vote Came Down from the Board for two or more mem-
bers of Each house to go to Boston & noncur'd
In the house of Representatives
Voted, That m' Speaker Wiggans & m' Theo atkinson be
a Comittee of this house to Joyn with as Many of the upper
house to goe with his hon' the Liv' Gov' to Boston to Con-
gratulate his Excellency Gov' Burnet in Behalf of Ibis Gov-
ern!* upon his arrivall there : and that the Expenses be paid
out of the Publick Treasury J a* Jeffry CI' ass*"
492 PROVINCE OF NEW-HAMPSHIRE. [1728.
a Mess^ y* y^ above was concur'd : and that liis hon'' Di-
rected the house to attend him at the Board and then the
three former Bills was Enacted
and Then the Governor Prorogued the assembly to the
14"' of May Next
[p. 131.] Tuesday May 14'^ 1728
The house met according to Prorogation all psent as En-
tred for the Day
m'' Speaker Wiggans m' John Sanburn
Ca})* J Pierce Sam" Thing Esq'
Cap' Geo Walker nV Bart Thing
m' Ep Dennit Theo : atkinson Esq""
Cap* Paul Gerrish nf Richard Jennes
Cap* Sam Tibbets nV Eben Stephens
Cap' Francis Mathes Cap* John Downing
Nathan" Weare Esq'' James Mackeen Esq""
Cap* J. Wingate
The house adjourned for two hours p m
Tuesday p m : the house met according to adjournment
A Mess'*^ from the Board pr m' CI' Waldron that his hon"^
Required the house to attend him at the Board
and the house went up and the Governor made a Speech
of which the Speaker pray'd a Copy and then Returned
Eod'" Die. Tlie Speech was Sent Down pr m'' Sherburn
& Read
[See Journal of Assembly, p. 295.]
Eod™ Die. the list of the Towns for a New Proportion
the house adjourned to Wednesday May 15*'' 1728.
Wednesday May the 15*" : 1728 am the house met accord-
ing to adjournment all psent as Entred for the Day
Eod"' Die In the liouse
Voted, That Cap* Joshua Wingate & Cap* Tililicts be a
Comittce of this house to answer the Liv* Gov'' Speech
Ja^ Jeffry C ass"*
Then the house adjournd for two hours p. M.
[p. 132.] Wednesday May IS*** 1728 p. m.
The house met according to adjournment all psent as En
tred
1728.] JOURNAL OF THE HOUSE. 493
Eod™ Die In the house of Representatives
Given an order on m"" Treasurer for payment of Seven
Shillings for Carrying letters to Coll Weare & maj' Gillman
(£ — : 7 : — ) pr order of the house
Then the house adjourn'd to Thursday the 16"' am
Thursday May the 16 am the house met according to ad-
journm' all psent as Entred for the day
Eod"' Die. In the house of Representatives
according to the Desicr of Geo Jatfrey Esq"' the house
orders Cap* George Walker & Cap' Wingate to goe to m'^
Jaffreys and tell over what money he has to be Burnt this
Sessions & Bring the Same to the assembly
James Jeffry CI"' ass™
Eod"^ Die In the house of Representatives
Ordered That those Gen' That were the Signers of the
five thousand three hundred Eighty foure pounds for Ex-
changing the old Cyph'' Bills Do Bring in their Receipts
or accompts tomorrow of w* they Delivered Each of the
Trustees for the exchanging the S'' Bills that they may be
accomptcd Avith James Jeffry CI'' ass"^
Eod'" Die a Mess^ from the Board that the above voat
was concur'd
Then the house adjourned for two hours p. m.
Eod'" Die There was Bro* into the assembly of the old
Cypher'd Bills and Burnt
By Geo. Jaflfrey Escf the Sume of £155 : 3 : 6
By Rich'> Wibird Esq-- Do £ 75 : 18 :
£231 : 1 : 6
Bro' in pr Cap' Wingate & \Valker
Eod"^ Die In the house of Representatives
Voted, That Samuell thing Esq Cap* Joshua Pierce & nV
Theodore atkinson be a Comittec of this house to Joyn with
a Comittee of the upper house to Examine the Treasurers
accompts & any other accompts Now to Ije Bro' in <S: make
return to the ass™, the aljove Concurd & ap'' above R Wil>ird
& J Frost Esq''^
J Jeffry CY ass'"
Then the house adjourned to Fryday the 17"' am
494 PROVINCE OF NEW-HAMPSHIRE. [1728.
[p. 133.] Fryday May IT"' 1728 a m The house met accord-
ing to adjouramcnt all pseiit as Entred for the Day
Cap' Joshua Pierce Bro' in an ace*, as one of the Signers of the
538i lb for Exchanging the old Cypher'd Bills: of how Much was De-
livered Each of the Trustees had viz
Coll Mark Ilunking £897: 6: 8
CollWeare £897:6:8
CollJohn Plaisted £897:6:8
Richard Wibird £903:4:4
GeoJaffrey £891:9:
Maj"" Gillman £897:6:8
£5384:00:0
The answer to the Liv* Gov''^ Speech was Sent up Then
the house adjourned for two hours p: m:
[See Journal of Assembly, p. 296.]
Fryday y'' 17"' May p m the house met according to ad-
journment : There was Bro* into the assembly of the old
Cypher'd Bills and Burnt from
CollHmiking £31:17:6
CollWeare £94:16:
Majf Gillman £40:11:6
John Plaisted £23:08:
This istheKighf) 190: 13:
entry & Discliaiged \- 001 . 1 . «
Mav23cllV2S ) -oi. J. . O
May 23cl 1V2S
£421: 14:
a vote Sent up appointing a Comittee to receive the money
of the Trustees But was Return'd
Then the house adjourn'd to Sathurday y'^ 18"' May am
Sathurday May 18"' 1728 am : The liouse met according
to adjournment all psent as Entred for the day
Eod'" Die In the house of Representatives
Voted, That m"" Joshua Pierce & uV Ephraim Dennit be a
Comittee of this house to Joyn with a Comittee of the upper
house to Receive from the Severall Trustees for the Exch''
the old Cypherd Bills the Severall Sums that rcmaine in
their hands on the Second Thursday in July Next at the
Court house in Portsmouth, and [p. 134.] the Said Trustees
are hereby ordered to Bring in the Same att the day ap-
1728.] JOURNAL OF THE HOUSE. 495
pointed in this Province money and in Case any of the said
Trustees Neglect & refuse to Bring in Said Money according-
ly That then the Sd Comittee are hereby authorized and
Impowered by themselves or their Lawful! attorney, whome
they are hereby alsoe Impowered to Authorize and Appoint:
to Demand Levy Require & Recover by Due Course of Law
the Sevcrall Sums Due from Each of the Said Trustees' for
the use of the Province and when So recovered & received
to Keep the Same Safely and bring it into the Gen" assem-
bly at their Next Sitting after Such recovery or Receipt
James Jefifry CY ass™
the above vote Bro* Down with a Message tliat three
Trustees of the Councill are Ready to accompt & pay
presently
Londonder Petition an order on it to appear next Sent up
Then the Liv*^ Gov' adjourned to Wednesday next at 10 a
Clock
Wednesday May the 22'' 1728 : The house met according
to adjourn* psent
M' Speaker Wigans M"" John Sandburn
Cap* Jo Pierce Sam'^ Thing Escf
Geo Walker m' Bart Thing
m'' Ea Dennit Theo Atkinson
Cap* Paul Gerrish Rich'' Jennes
Sam' Tilibets Eben Steph
Francis Mathes Cap* John Downing
Natt Weare Escf James Mackeen Esq""
Cap* Joshua Wingate
Then the house adjourned to Thursday May 23'' 1728 am
[p. 135.] Thursday May the 23'' 1728 am the house met
according to adjournment all psent as Entred for the Day
In the house of Representatives
upon Complaint of ^r Sherif Atkinson that the Prison of
this Province want Sum Repairs, Especially in the Iron
Barrs & AVindows therefor Voted That Cap* Joshua Win-
gate and m' Eaphraim Dennit be a Comitte of this house to
Joyne with a Comittee of the upper house to view the Same
and any other Defects that may be found wanting to be
496 PROVINCE OF NEW-HAMPSHIRE. [1728.
repair'd & to make return thereof in order to its being re-
paired Ja^ Jeffry CI' assm
Eod"^ Die. A j\Iess* from the Board that the above vote
was Concurd and that Coll Walton &, Col Hunking was ap-
pointed at the Board to Joyn with the above Com for that
End a voat on file for Emitting 30001b Loan Money. There
was alowed m''^ Eliz^ Cross £16 : 17 : 8 for Proclaiming the
King.
Then the house adjourned for two hours p m
Thursday May 23'^ 1728 p m The house met according
to adjournment all pscnt as in the Morning.
Eod™ Die In the house of Representatives
There was Bro* into the assembly this Sessions and Burnt
of the old Cyphcrd Bills the Sume of X421 : 14 : 6 By the
psons as Entred before.
Eod"^ Die — Voted that the Trustees be hereby Discharged
of the Severall Sums Bro' in By them which vote was Sent
up & Concurred.
Eod"* Die In the house of Representatives
Voted— That Cap* Joshua Wingate m'^ Ea Dcnnit & m' Barth
Thing be a Comittee of this house to Joyne with a Comittee
of the upper house to go to m^ Treasurer Jaifry to morrow
Morning and tell over the Tax Money in his hands and re-
ceive y*^ Same & Bring it into the Gen" asseml)ly to be Burnt
& y" Receii)t of the Said Comittee Shall be Said Treasurers
Discharge for what they rec'^joynd above R W Hen Sherburn
& J Odiorn.
James Jaffry CI"" ass"^
The house adjourned to Fryday May 24 am
[p. 136.] Fryday May 24"^ 1728 am.
The house met according to adjournment all psent as En-
tred for the Day
the house adjourned for 2 hours p m
Fryady May 24 p m the house met according to adjourn'
Whereas the Sundry Towns in the Province that Bro* in
their accompts of Land have vallued their Some at one valine
and Some at another Rate Yerry un Equally Therefore Voted
That for making a more Equall Proportion That the lands
17-28.] JOURNAL OF THE HOUSE. 497
and meadows in each Town be vallued pr acre as bore under
VIZ
Dover
Exeter
Hampton
Rye ^
\6i
y at Gs pr acre Newcastle >6s pr acre
^^tretham Portsmouth J
Grcenhmd J Londonderry & Kingston @ 5.s pr acre
Sent up and Concurred
upon Motion of m"" Akerman for Sum further Considera-
tion for his attendance for the yeare 1727 Ending aprill 1728
In the house of Representatives
Voted — That there be allowed and paid out of the Puldick
Treasury the Sume of three pounds for his Exterordinary
attendance for the yeare 1727 Ending as above
James Jeffry CI'' ass™
The Londonderry Petition was Read and a vote on it
that y'^ Peoples agreement according to the vote of Councill
Sent Down to be allowed
Then the house adjourned to Sathurday the 25"*
Sathurday May 25^'* 1728 am
The house met according to adjournment all psent as En-
tred for the Day
A^otcd that all Negroe Indian and Mulatto Slaves be val-
lued at 201b pr head. J Jeffrey GV ass™
[p. 137.] The 24"' 1728 There was Bro* into the assembly
tor the Tax for the yeare 1727 by the Comittee that went to
tell over the Same and receive it from the Treasurer the Sume
of Nine hundred Ninety pounds and Burnt in the assembly
onely one hundred pounds thereof that was New Money was put
againe in the Treasurys hands to Exchange for Broken Bills
and then them to be burnt for which the Treasurer gave his
leceipt to do May the 25*" : 1728
Wee whose Names are hereunto Subscriber! being appointed a Comit-
tee to View the Defects of the Prison & to make Return thereof to the
assembly: accordingly wee have viewed the Prison & Do Report That
it is Necessary to have the Windows in the Chambers Secured with
Iron Barrs as the Windows in the Lower Rooms are & likewise to have
foure good Substantial padlocks purchased alsoe to have the other
locks Mended & New Keys made if worth Mending which when taken
off May be S^en & if not worth fitting up then to have New ones pur-
chased and alsoe to have those places where attempts to Cutt Thro the
wood have been made : mended ik Secured with Iron Plates
Mark Hunking Sha Walton
Joshua Wingate Ea Denet
c>o
9
498 PROVINCE OF NEW-HAMPSHIRE. [1728.
Eod"^ Die In the house of Representatives
Voted that the above return be accepted & That the Sher-
rif be forthwith Directed to get the above Mentioned pticu-
lars don and That the Province pay for the Same
J Jeffry CP ass'".
Sent up Eod"^ Die a Mess* from the Board that the above
vote was Concurred
Eod'" Die In the house voted : That there be a Man of
this Prov Sent to y^ Court of Great Brittain or Some agent
Impowered to Petition his Maj"^ y^ wee May be annexed to
y*^ Government of y*' Mass'' & that y® Government of y^ Mass*
be advised hereof & Desired to Joyn with this Government
& to give their agent at home Instructions to forward the
Same
J Jeffry CI-- ass"^
Sent up
[p. 138.] Eod™ Die In the house of Representatives
Voted, That the Treasurers Receipt that he gave for the
hundred pounds for Exchanging Brolvcn Bills and the re-
ceipt the Comittee gave for the Tax money be put into nV
Ephra Dennits hands for Safe Keeping
J Jeffry CV ass"'
Eod"^ Die In the house of Representatives
Voted, That m'" Bar*^ Thing Cap* Paul Gerrish Cap* Joshua
Pierce m' Theo Atkinson & Natt Wcarc Esq'"*^ be a Comitte
of this house to Joyn with a Comittee of the upper house to
cast up and perfect the Proportion of the Severall Towns
according to the Late act and the votes of the house Now
Made and Sent up concerning the Same
J Jeffry CP ass™
a Petition of Benj^ Lampre Jun"' Chri'' Palmer & Stephen
Batchelor was preferred By Cap* Wingatc Signed all by one
hand and no Petitioners appeared was Read & Dismist for
that Reason
a Mess'' from the Board that R Wibird Jo Odiorn Sh''
Walton Henry Sherburne & Geo Jaffreys Esq'' was appointed
a Comittee to Joyn with the above Comittee for Proportion-
ing the Towns according to the above Votes
Then the Govornur adjourned the assembly to Wednesday
Next
172S.] JOURNAL OF THE HOUSE. 499
[p. 139.] Wednesday May the 29"> 1728 The house met
according to adjournment all pscnt as Entred for the Day
M'' .Speaker Wigans M'' John Sanburn
Cap* Joshua Pierce Sam Thing Esq*"
Geo Walker m-" Bart Thing
m"^ Ea Dennit Theo Atkinson Esif
Cap' Paul Gerrish ]\P Rich*^ Jennes
Sam' Tibbets Eb Stephens
Fr^ Mathes Cap* John Downing
Natha' Weare Esq"" James Mackeen Esq'
Cap* Joshua Wingate
The house adjourned for two hours P M
Wednesday May 29"': 1728 p m The house met accord-
ing to adjournment all as Entred for the Day and ad-
journed to Thursday the 30 am
Thursday May the 30 : am the house met according to ad-
journment all psent as Entred for the Day
Eod™ Die In the house of Representatives,
Whereas the act for the Select Men of Each Town Parish
and District of this Province to bring in a list of the Poles
and Inventory of the Estates belonging to their Respective
Towns & Districts : and Now there having arisen Many Dis-
putes concerning the vallue of the Poles and the prizes of
Estates Should be Set at : & for the Better Clearing up
of that Difference & That Justice May be Don
[p. 140.] Voted, That all poles be vallued at twenty five
pounds Each Pole all Tillage Meadow & Marsh land at Six
Shillings pr acre throughout the Province Except Kingstown
& Londonderry which Shall bo vallued at five Shillings per
acre : all oxen at three pounds Each ox or Cows two pounds
pr Cow : horses at three pounds Each, Swine at ten Shillings
Negro Indian & Mulatoe Slaves at twenty pounds Each : the
women Slaves to be Excluded : houses at one pound five
Shillings Each : and the Vallue of y'^ Trades of Portsmouth
a thousand pounds Dover 200 lb, Exeter 200 II) hampton
falls 40 lb New castle Stretham Newington 25 Each Hamp-
ton 50 Kingstown 20 Derry 5 and that this Proportion Shall
Stand but for three years and then a New Proportion to be
Made & That there be a Comittee appointed to Draw up an
500 PROVINCE OP NEW-HAMPSHIRE. [1728.
act for a Rule for the Select Men to Make their Rates Ijy and
that Loudondeny Land be accompted foure hundred acres :
and tliat Ryes part be ten pounds & New Castle Island
fifteen pounds to make New Castle 25 11j
J Jeffry C? ass"
Trade Portsmouth
£1000
Dover
£ 200
Exeter
£ 200
Hampton
£ 50
Falls
£ 50
New Castle
£ 25
Stretham
£ 25
Newington
£ 25
Kingstown
£ 20
Londonderry
£ 5
£1600
In Councill May 31-1728 Read and concurd w*" the fol-
lowing addition Namely y' y*^ Proportion of the Severall
Towns be Established according to the above Scheam for the
present yeare and No longer Rich*^ Waldron CP Con
June 1 1728 In the house of Representatives voted the
above Return be accepted and that an act [p. 141] be Drawn
up accordingly
Thursday May the 30"^ 1728 p m :
m'' Benj^ Gaml)ling allowance as Sherif for the
yeare 1727 .£15: — :
and for Return of Jurors for one yeare & halfe £ 9:12
'allowed £24:12
allowed m"^ Richard Waldron as Clerk of the Councill for
the yeare 1727 the Sume of Seventy five pounds in full to be
paid out of the Publick Treasury <£75
James Jeffry CI'' ass™
Then the house adjourned to Fryday the 31 am
Fryday the 31 am The house met according to adjourn™*
all psent as Entred for the Day
allowed John Plaisted in full as a Comitte Man for Letting
out the Carriages for the fort 20.s' <£1 :
allowed Benj'^ akerman for his Service for the
yeare 1727 the Sume of Ten pounds <£10 : — :
more allowed for his Exterordinary attendance X 3 : — :
1723.] JOURNAL OF THE HOUSE. 501
more Os for going to Newcastle with the Comittc 13 — G
allowed John New Marsh for repa' y*" fort Boat May 20^^ 1728
The vote for Proportioning the Towns Came Down from
the Board Concur'd : and to Stand for one yeare k no longer :
the Same Mess* that the above allowance was Concur'd
above
Then the house adjourn'd for two hours p m
Fryday May the 31 : p m The house met according to ad-
journment all psent as Entred for the Day
Eod'" Die : In the house of Representatives
Whereas BenJ''^ Lampree Christopher Palmer & Stephen
Batchelor : Three men that there is Some Dispute about
Between Hampton Town & the Town of Rye : where they
Shall be Rated for Ending S'^ Dispute : Voted, That the
Said three Men be Rated at Rye James Jeffry CI"" ass"'
Cap*^ Wingate & John Sandburn Enters their Dissent ag'
the above vote Eod™ Die In the house of Repre
Voted That the Town of Gosper pay this yeare 1728, the
Sume of Sixteen pounds for their Province Tax for every
thousand pounds Raised in the Province : and So in Pro-
portion in a Great"^ or lessor Sume : Concurrd above
J Jeffry 01'- ass™
Then the house adjourned to Sathurday June the first am
1728
[p. 142.] Sathurday June the first am 1728
The house met according to adjournment all psent as En-
tred for the Day and Voted that the Post Master at Boston
be allowed and paid out of the Publick Treasury for forward-
ing Publick Letters £o : — : —
Eod™ Die
Allowed Eleazer Russell for his accompt to the 30"* of May
1728 £6 : 15 : 6
allowed Tim" Davis as a farther Satisfaction for his whale
Boat to Casco £1 :
allowed John Frost Esq for Repaireing the flagg & £(3 :
allowed John New Marsh for Mending the Fort Boat &
Iron Work £5:14:3
a vote Bro* in pr Cap* Henry Sherburns Supplying Holland
Shirts to two Indians by the Gov'' order which was Disal-
502 - PROVINCE OF NEW-HAMPSHIRE. [1728.
lowed in the house & Sent up and Bro* Down againe & the
house adher'd to their former vote & Sent up againe
a Mess^ that the votes above for allowances was concurd
The Bonds for the 1730 lb was put into m"" Ea Dennits hands
for Safe Keeping
The act for Proportioning the Towns Read Three times
& past to be Enacted
J Jeffiy Cl^ ass*"
Sent up and Concur'd
Eod'" Die. In the house of Rep^'sen
Voted That the Treasurers accompts be accepted &
allowed all Excepted the Expences in Proclaiming the Liv'
Gov""^ Comiss" & Proclaiming the Peace with the Indians
Concurd above J Jeffry CP ass"^
Eod™ Die. In the house Representatives
Voted, That there be Signed off and put into the Treas-
ury the Sume of three hundred pounds for the payment of
the Sundry Debts & Charges of the Province that is & may
be allowed by the Gen" asV J. Jeffry CP ass™
Eod"i Die In the house of Rep''
Whereas his hon'' the Liv' Gov'' hath Still the Goverm* as
Comander in Chief Still Contiimed upon him Voted That
he be presented and paid out of the Excise the Sume of one
hundred pounds and that he is Desierd to Issue out War-
rants for the payment of the allowances New Made
James Jeffry CI ass"*
[p. 143.] June the 1^' 1728 am
a vote came from the Board for Raising 5 M pounds after
the Scheam Laid this Sessions Read & non concurd & voted
that there 15 M lb made & Emitted on the Same Scheam
Eod"" Die. In the house voted that the Representative for
Londonderry be allowed & paid out of the Treasury two
Dayes for Coming & two for Returning from the ass'"
A Mess"" from the Board pr J Odiorn Esq'' That his hon'
Desierd the liouse Come up to the Board, and tlicy accord-
ingly went up and after passing the act for the New Propor-
tioning the Town the Gov'' Prorogued the assembly to the 2*'
Tuesday in 9'' Next
2'' Tuesday in November 1728 appeared
j\P Speaker ^Viggans
m'' Rich'' Jcnnes
1728.]
JOURNAL OF THE HOUSE.
503
LIST OF TAX PAYERS IN NEW CASTLE IN THE YEAR 1728.
[^Furnished by Rev. Lucius Alden of
Abbott Samuel Jones Williaiu
Araazeeu Christopher Jordan Richard
Ashley John
Atkinson Theodore Kelly AYilliam
Batson John
Bell Benjamin
Bell Meshech
Bell Thomas
Bowdrey Edward
Branscome William
Card John
Card John 2'i
Carder Samuel
Chadwick James
Chad wick James 2^
Clark Benjamin
Clark John
Clerk Samuel
Clerk Widow
Crasey AVidow
Cradwick John
Crusey John
Daiue Henry
Edgecome John
EUice Widow
Elword Thomas
Foss Zacheus
Fowel Rickard
Frederick Christopher
Frost Carter
Frost John
Frost Samuel
Frost WilUam
Granden Clement
Grenough Daniel
Harvey Peter
Hickey Samuel
Hubbard John
Jackson Joseph
Jackson Thomas
Jolly Luke
Jones Daniel
Jones Jeremiah
Jones Thomas
Leach Elijah
Langdon William
Langmaid Henry
Langmaid Josejih
Langmaid Samuel
Lear John
Lear Tobias
Lear Tobias 2"*
Leigh Thomas
Long Pierse
Lovell Elijah
INIace Andrew
Mace Reuben
Alace Reuben 2"*
Maker William
INIannery Thomas
Marden Steven
]\Iarden William
Alarten John
Marten Edward
Marshal Henry
INIattleberry Enoch
Matthews Francis
Matthews Peter
Matthews Samuel
Mitchel David
Morphej' John
Neale Richard
Odiorne John
Odiorne John 2*1
Odiorne Jotham
Parker Benjamin
Parker Thomas
Perole William
Perry Richard
Philpot James
Pryer John
Randell Edward
Randell James
Reed Hugh
Reed Phillip
New Castle. '\
Salter John
Scadgell Christopher
Seiguiore George
Shannon Morris
Sheafe Sampson
Shaw John O
Sherburne John
Sherriff Abraham
Simjjson Joseph
Showell Henry
Skinner John
Spalding James
Stevens Thomas
Stilsou James
Sparling James
Tarlton Richard
Towell Richard
Tredwell Charles
Treferine Henry
Treferine Henry 2*^
Treferine James
Treferine Foster
Tuckerman John
Underwood Thadeus
Vennard John
Walford Jeremiah
Walton Shadrack
Welch George
White Joshua
White Nathan
White Nathan 2<J
Williams Daniel
Williams Lazarus
Wilson John
Wilson William
AVlnter Thomas
Yeaton Benjamin
Yeaton John
Yeaton Joseph
Yeaton Richard
Hugh Reed ^
Joseph Jackson > "^jjipQ "
Dan Grenough }
Anno Domini 1728
ADMINISTRATION
OP
GOVERNOR WILLIAM BURNET
1729.
Journal of the House from April 22'\ 1729, to
Auaust 1, 1730.
NOTE BY THE EDITOR.
The " Journal of the House of Representatives," during the admin-
istration of Gov. Bur.NET, and until the arrival of Gov. Joxathax
Belcuer, is found in a bound MS volume, labeled "Journal of the
House, 1724:-17i3." The portion of said Journal liere included, is con-
tained between MS pages 14o-17-i. The Governor's Speeches referred
to will be found in the ' ' Journal of the General Assembly, ' ' during
the same period — in this printed volume. Pages in the margin cor-
respond with the paging in the manuscript Journal.
[p. 143.] Tuesday aprill 22" 1729. The house met accord-
ing to proclam"
By his Excellency W"" Burnet Esq'" (=) Bated the 4"^ 9-^
1728, a copy whereof is on file Psent
(') Governor William Burnet was the oldest son of the celebrated
Rev. Gilbert Burnet, Bishop of Sarum, Eng. He was born in 1688,
and was named after William, the Prince of Orange, who stood his god-
father. Previously to his coming to this country, he possessed a con-
siderable fortune; but it had been wrecked in the South sea scheme or
"bubble," which reduced many opulent families to indigence. In 1720
he was appointed Governor of New- York and New-Jersey, which office
he held till 1728. Receiving the appointment of Governor of INIassa-
chusetts and New-Hampshire, he reached Boston, July 13, 1728, and
New-Hampshire, April — , 1729. His administration in both Provinces
was attended with many difficulties, arising chiefly from his insisting
on a fixed salary. Dr. Belknap says, " Mr. Burnet was a man of good
understanding and polite literature; fond of books and of the conver-
sation of literary men; but an enemy to ostentation and parade." He
died suddenly, at Cambridge, Ms., Sept. 7, 1729. Ei>.
1729.] JOURNAL OF THE HOUSE. 505
Mr Speaker Wiggans Capt Joshua Wingate
Capt Joshua Pierce Mr John Sandburn
George Walker Samuell Thing Esq
Mr Ea Dennit Mr Bar* Thing
Capt Paull Gerrish Thco Atkinson Esq
Sam Tibbcts Mr Richard Jenncs
Francis Mathes Mr. Eben Stephens
Natt Weare Esqr Capt John Downing
James Mackeen Esq
A Quorum of the house being met :
ordered that hvo of the members waite upon his Excel-
lency the Govornor with a message to acquaint him that a
Quorum of the house are now met and Ready to proceed to
Buesness of the Sessions who returned they had Delivered
the message
[p. 144.] April the 22" 1729.
A mess'' from his Excellency the Govornor by IMr Clerk
Waldron, viz, Mr Speaker his Exccllencie Directs the hon^^®
house to attend him in the Councill Chamber
Mr Speaker and the house went up accordingly, and his
Exccllencie made a Speech to the Court, of which Mr Speaker
obtained a Coppy, and then with the house Returned.
Eod™ Die. in the house of Representatives
The Govornors speech was Read: and then the house ad-
journed to Wednesday the 23"^ Inst. am.
[See Journal of General Assembly.]
Wednesday Aprill 23 am. 1729. The house met accord-
ing to adjournment psent as Entred for the day
In the house
Voted, That Samuel Thing, Nathaniell Weare Esq, & M""
Joshua Pierce be a comittee to answer the Govornors speech
Eod™ Die. A message from the Board By Geo: Jaffrey
and Henry Sherburn Esqrs with the Govornors Instruction
mentioned in his speech : a copy of which is Entred in the
accompt Book
Then the house adjourned for two hours p. m.
AVedncsday Aprill 23^ 1723. p. m.
The house met according to adjournment. Psent as
Entred —
506 PROVINCE OP NEW-HAMPSHIRE. [1729.
Eod™ Die. In the house &c.
A vote past for Reviving the Excise.
Then the house adjourned to Thursday the 24"' a. m.
Thursday Aprill 24«' 1729, a. m.
The house met according to adjournment all psent as en-
tred for the Day
Eod'" Die. In the house &g.
Voted — That Nathaniel Weare, Theo. Atkinson Esqs &
Mr Bar* Thing be a Comittee of this house to Joyn with a
comittce of the upper house to Examine the Treasurers ac-
compts and any other that may be Bro* in for allowances,
and make their Report to the Gen" assembly for approba-
tion James Jeffry C. ass.
A mess'* y' R Wibird, H Sherburn, & Jo Odiorne Esqrs
were apointcd above.
Then the house adjourned to Fryday y® 25*'' a. m.
[p. 145.] Fryday the 25"' 1729. a. m. The house met ac-
cording to adjournment all pscnt as Entred for the day.
Eod"' Die. In the house &c.
A Petition of the Inhabitants of the north East end of
Dover was Read : Wherein they pray to be set off a p'ish
for the Bennefit of the ministry by meets and Bounds as in
the Petition
Then the house adjourn'^ for 2 hours p. m.
Fryday Aprill 25*'* 1729. p. M. The house met according
to adjournment all present as Entred
Eod"' Die. In the house <tc
A vote past for Prolonging the 15000 lb.
And then his Excellencie at the Request of tlie house ad-
journed the assembly to Tuesday Aprill 29*" 1729.
Tuesday Aprill 29, 1729. The house met according to
adjournment. All psent as Entred.
[p. 146.] Allowances made att Aprill Sessions 1729.
]S[° 1. To John Robinson for Fort AV" & Mary in full. £56 : 3 : 6
his whole sume 99 : 1 : 6
N" 2. Thomas Packer for fire Candles & Wood £5:6
& to be Deducted from the agreem' for house Rent &c. £5:0:6
£9
12
1
£
10
£10
£17:
13
£10
4
6
£2
£6
13
£3
18
2
£1
7
£6
1
4
1729.] JOURNAL OF THE HOUSE. 507
N» 3. John Sherburn for work Don at Fort W™ & Mary £27 : :
N*^ 4. John Trundy for Dieting Robinson & son working
at y'' fort £2:8:
5. Joshua "Wingate for entertain of y*' Gov'' ^' Gen^ first
Com
G. Stephen Greenleafe for Tobacco for the Indians
7. Benj"^ Akarman for Dore Keeper for the yeare 1728
8. Richard Perry for Iron Work for the fort in full
9. John Curbeson for fetching the Timber for the Fort
W" & ]\Iary deducting his night work & 3 lb. p'^ by y"^
Treasurer, now in full
10. AValter Warren work Don for the Prison 1727
11. Walter Warren D« for B" 1728
12. Sam" White work don for the Prison
13. Thomas Ilamet for the fort Boat. 1727 & 1728
14. An accompt Clem' Hughes abatem' of Excise 1727
£133:18:1
We whose names are under written being appointed a comittee of
audit by the Gen" ass"' for the Province affore said to audit the accounts
of the Province to be Bro' in this sessions have rec*^ & exam'* the within
mentioned ace'"* and Do Report as on the other side & submitt the same
to the Gen" Ass™ for their approbation may 9"^ 1729.
Rich'^ Wibird Henry Sherburn
Natt Weare Theo Atkinson Esq
Bar' Thing.
May the 13*'' 1729, a. m. In the house of Representatives
the al>ove return was Read and voted thereupon that it be
accepted and that the severall sums as carryed off: and that
his Excell. be Desierd to Issue out Warrants for ye paym*
accordingly James Jeffry cl' ass""
May the 9* allowed James Jeffry as clerk of the ass"' from 19"' of 9'"
1727 to the 19'" 9'- 1728 £15: :
Eod'" Die. D° Theo Atkinson as Sherrif for 1 year & ^
ending may 8'" 1729 £18:15:
D" to D" for Returning Jurors to the same time £9 : :
Allowed Mr Waldron as cl'' of the councill for y'' yeare
May 14"' 1728 to the 25"' Aprill 1729 £75 : :
[p. 147]. In the house <tc.
A Petition of Ebenezer Eastman & Richard Hazen Jun''
of Haverill in behalfe of themselves & those of Haverill :
That had grants in Haverill that might fall within the Prov-
ince of New Hampshire &c Was Read.
Then the house adjourned to Wednesday the 30*'* a. m.
Wednesday Aprill the 30*'' 1729, a. m. the house met ac-
cording to adjournment all present as entred for the day.
508 PROVINCE OF NEW-HAMPSHIRE. [1729.
A vote past for a comittee of Both houses to draw a vote
about the lines.
In the house &c.
Voted —
That Cap*^ Joshua Pierce be Recorder of Deeds for the
Province of New Hampshire for one yeare from the date
here of — & untill the next sitting of the assembly after the
year is up : and that the said Recorder enter upon the sev-
erall Deeds he Records, and Copies that he gives out the
Price y* he takes for doing the same.
James Jeffry CI"" ass""
sent up.
Eod™ Die. A Mess^ from the Board pr J Odiorn Esq''
that the above vote was concur'd.
Then the house adjourned for two hours p. m.
Wednesday Ap"' 30*'' 1729, p. m. The house met accord-
ing to adjournment all psent as entred.
A Petition of George Walker Gen* was Read praying Re-
lief ag* a mortgage of W"' Vaughans : for the cutting off
an Entailc : on sum Lands of S'' Vaughans contained in S'^
Mortgage.
Then the house adjourned to Thursday the 1* may am.
Thursday May 1^*1729 a. m. The house met accord-
ing to adjournment all psent as Entred for the Day
Eod'" Die.
In the house &°.
Cap* Walker's I'etition was Read againe and the Evidence
taken, viz Richard Waldron of Portsmouth Jun"" being of
LawfuU age volluntaryly maketh oath That he w^as the pen-
man as well as one of the Wittnesses of the Last Will &
Testament of the hon*'^" George Vaughan Esq'" Deceased
and [p. 148] that the Testator told him, he the said Testa-
tor gave to his son William all his Lands at the Bank & be-
tween the creek & y*^ Bank in fee simple : with an exception
for the other Son & maiden Daughters as in the said Will
expressed : and further that severall times to the best of the
Deponants Remembrance he the Testator Distinguished Be-
tween a fee simple and fee Tailc Estate while he was giving
the- minits of his will : and the Deponaut further Testified
1729.]
JOURNAL OF THE HOUSE, 509
That the said Testator told him the Reasons of giving his
Bank Lands in fee simple (viz) to enable his son to pay
Debts and Legacies by the sale of them : and lastly if the
words of the will do create an Estate Taile of the Bank
lands : It is entirely owing to the unskilfullness of y^ De-
ponant in pening the will : and both he and the Testator un-
derstood it otherwise at the time of Executing the will
Richard Waldron Jun-^ May the 1^' 1729.
Samuell Hart of Portsmouth of full age Testifieth & saith
that* he hath heard the hon''^^ Geo. Vaughan Esq Deceased
say while in health that he intended his lands at the Bank
should be sold into house Lots for the peopling the Town:
iRit his Farm should never be sold.
pr Sam" Hart May 1^^ 1709.
May the 1*** 1729 W Richard Waldron and M-^ Sam" Hart
made oath to the truth of their above Declarations in the
house of Representatives.
James Jeffrey Cle' ass*"
Then the house Debated about settling the Govornors Sal-
lary for three 3'ears, and it past in the affirmative.
Eod"^ Die. In the house &*=.
An answer to the Govornors speech was Drawn up and
Read
Then the house adjourned for two hours p. M.
Thursday May the 1*^^ 1720 p. m.
the house met according to adjournment all psent as En-
tred.
In the house &''.
The answer to the Govornors speech was Read againe &
voted to be accepted
[See Journal of General Assembly.]
[p. 149.] A Revivall of Dover Petition was Read and sent
up that they appeare the 8**^ Inst on the 2** Day of the next
sitting of the assembly.
Eod™ Die. In the house &".
Capt George Walker's Petition was Read againe and the
house ordered the clerk to notifie William Yaugh'an <fc Elliot
Yaughan to appeare fryday ten aclock Which was Don and
then the house adjourned to Fryday May the 2'' a. m.
510 PROVINCE OF NEW-HAMPSHIRE. [1729.
Fryday May 2^ 1729 a. m. The house met according to
adjournment all present as entred for the day.
Eod°' Die. In the house &"=.
Voted— That Nathaniell Weare Esq'" M-" Ep Dennit and
maj Paul Gerrish be a committee of this house to joyn with
a committee of the upper house to take the Records & files
thereto belonging from where they now are & Deliver them
to Cap* Joshua Pierce as Eecorder and take his receipt for
the same : and that the said Joshua Pierce be qualified ac-
cording to Law as soone as possible and that the receipt be
entered In the Journal of Both houses.
James Jeffry CP ass™
A mess°® from the Board that the above vote was concur-
red & that R Wibird & J Odiorn was appointed above to
joyn for the above said work.
The Return of the comittee about the lines of the Province
was made and Bro* in and Read & accepted & a copy on file.
Eod'" Die. In the house &\
Cap* George Walkers Petition was againe Read and voted
Thereon. That upon Reading the Will of the Testator
George Vaughan, and hearing the evidences of the pson
that Drew the same & other evidences
That the lands at the Bank the Testator intended a fee
simple : *
And for preventing Dispute hereafter that there be an act
Drawn up and past that the Lands mentioned in the mortgage
mentioned in said Walkers Petition shall be held and accompt-
ed a fee simple in the said W"^ Vaughan [p. 150] to all
intents and purposes (excepting the forty five lotts that W™
Vaughan has made over to his Brother Elliot Vaughan and
fower sisters as on Record in the Province Records for the
payment of two hundred pounds in land to each of them
according to the Testators will.
And that Capt Joshua Pierce and Theo atkinson Esq be a
comittee of the house to joyn with a comittee of the upper
house to Draw up the act accordingly.
J Jeffry CY ass"
Then the house adjourned for two hours p. u.
Fryday May 2'^ 1729 p. m. The house met according to
adjournment all psent as entred for the day
Eod'" Die.
In the house &°.
John and Tamesen Tibbets Petition Read and Dismissed.
1729.]
JOURNAL OF THE HOUSE. 511
A mess* came Down pr nV Waldron cler con. That
his Excelleucie sent him with two pappers which he was
ordered by him to Read and leave them : The one from his
Exccllcncie the other was the act that Settled Gov' Dudleys
Sallary.
And likewise a mess* pr Geo Jaffrey and R Wibird Esq""*
with the vote for the Gov' Sallary with amendment above
and for our acting thereon.
Eod'" Die,
In the house c^*^.
Voted. That the Province Tax this yeare be Raised on
the Inhabitants of this Province their Pols & Estates accord-
ing to the Last years Proportion and that an act be Drawn
up accordingly : and that Nathaniell Weare Esq & Theo
Atkinson Esq be a committee of this house to joyn with a
committe of the upper house to Draw up Said act.
J Jeifrey CI-- ass™
A Mess* That Geo Jaffrey & Tho* Westbrook was a}>
pointed a comittee above.
Then the house adjourned to Sathurday May the third
a. m.
Sathurday May the 3"^ 1729, a. m.
The house met according to adjournment all psent as En-
tred for the Day
The rec*^ of the Recorder rec'' viz,
[p. 151.] Portsmouth in New Hampshire
Received of the Comittee appointed to Receive the Province Records
& DeUver tliem to me viz Shadrach Walton & Jotham Odiorn Esq''" of
y^^ Councill, and nathaniell Weare Paul Gerrish & Eaphraim Dennit of
the house of Representatives: The Books & files as follo\yeth viz, six
small Books numbered A, B, C, D, F,, and sixteen Books N° 1 & so to
16, and forty three files or Bundls of Paper
I say vec'^ pr me.
Joshua Pierce
^lay the '^^ 1729.
Vera Copia attest, James Jefi'ry C. ass'"
the orriginall sent up after entring.
A vote of the house past : That the Cler send to Coll
Weare and Maj Gillman to Bring in the money they have
to Exchange the old Cypherd Bills, Which order I have
sent. James Jeffry clr ass*"
And then his Excellency adjourned the assembly at the
Request of the house to Tuesday May G*'' 1729, p. m.
512 PROVINCE OF NEW-HAMPSHIRE. [1729.
Tuesday May the 6"' 1729 p. m.
the house met according to adjournment, all psent as En-
tred for the day
Mr Speaker Wiggans Mr John Sanburn
Cap J. Pierce Samuel Thing Esq
Geo Walker Mr Bar' Thing
Mr Ep. Dennit Theo Atkinson
Capt Paul Gerrish Mr Richard Jennes
Sam'' Tibbets Mr Ebenezer Stephens
Francis Mathes Cap* John Downing
Natt Weare Esq. James Mackeen Esq.
Cap' Joshua Wingate
Then the house adjournd to Wednesday the 7"^ Inst. a. m
[p. 152.] Wednesday May 7*** a. m. The house met ac-
cording to adjournment all present as Eutred
In the house &c.
Voted, That Cap' Joshua Pierce & m"^ Eaphraim Dennit
be a comittee of this house to Joyn with a comittee of the
upper house to account with k receive from the six Trustees
for Exchanging the 5384 lb old cypherd Bills that yet Re-
mains in their severall hands, changed or unexchanged : and
that they make Return to the assembly of their Doings.
Ja. Jeffry C. ass™
sent up.
A Mess^ from the Board that the above vote was concur'd
<fc that Henry Sherlturn & Jo Odiorn Esq"^ was appointed at
the Board to Joyn with the above comittee.
Then the house adjourn'd to Thursday the 8"" a. m.
Thursday May 8'" 1729, a. m.
The house met according to adjournment all psent as En-
tred
A mess^ pr Geo Jaffrcy & Tho^ Westbrook Esq*^ from his
Excellencie y' he intended for his other Goverm'^ Next week.
Then the house adjournd for two hours p. m.
Thursday May the 8"' p. m. the house met according to
adjournment psent as Entrcd.
The amendment of the Councill on the vote for y^ Govorn-
ors Sallary was Read and nonconcurr'd.
Then the house adjournd to Fryday the 9"' Inst. a. m.
1729.] JOURNAL OF THE HOUSE. 513
Fryday May the 9"> 1729, a. m.
The house met according to adjournment all pseut as En-
tred.
In the house ct*^
Voted that James Jeffry be paid out of Publick money
the sume of fifteen pounds for his service as clerk of the
assembly from the 19"> of November 1727 to the W of 9"-
1728 and tliat his Excellency be Desired to Issu out a war-
rant accordingly.
James Jeffry C. ass™
sent up.
May y° 10*^ y*' above vote concurd above.
Eod™ Die. • In the house voted,
That there be paid out of the Publick Treasury the
sume of £18 : 15 as sherif for one yeare and Quarter ending
the first of may 1729 & 9 lb for the Return of Jurors for
the same yeare & y^ his Exce" be desired to Issue a Warrant
accordingly J Jeffry C. ass'".
Sent up & concurrd May 10*^. and y" y® house 2 hours p. m.
[p. 153] Fryday May 9*" 1729, p. M. the house met accord-
ing to adjournment all present as cntred
In the house of Representatives.
Voted—
That there be annually paid out of the Publick Treasury
to his Excellency Govornor Burnet for his annuall support
for and during the Tearm of three years, or during his Ex-
cellencies continuing Govornor,
The sume of two hundred pounds sterling or six hundred
pounds in Bills of credit. Which said sume is to be in full
of all Demands from this Goverment for his Excellencies
sallary & all Expences in coming to Tarrying in or going
from this Prov. a,s alsoe for any allowance to be made the
Liv* Govornor, and that the Excise on Liquors be from Time
to Time appropriated to that use and that an act be Drawn
up accordingly. James Jeffrey CP ass"'
The -above vote sent up, and the Messengers to pray tlie
with drawing the vote of this house of May the second, and
that this may be accepted.
Dissents ag* this vote : Natt AVcarc Esq, M'' Bar* Thing,
Cap* Joshua Wingate, Francis Mathes, W John Sanburn &
W Ep Dennit.
33
514 PROVINCE OF NEW-HAMPSHIRE. [1729.
Eod" Die.
A Mess^ from the Board by M"^ CI. Waldron that y*' above
vote was concurr'd with at the Board and that they returned
tlie vote of the house of May the 2*^ according to the Prayer
of the messengers.
Eod"^ Die.
A mess'' pr M' Cle'' Waldron That Geo Jaffrey & Thomas
Westbrooli: Esq. was appointed by the Board to Joyn the
comittee for Drawing up the act for settling the Governors
sallary.
Eod™ Die. In the house &c
Voted — That Nathaniel Weare Esq and Theodore Atkin-
son Esq. be a committee of this house to Joyn with y'^ co-
mittee appointed by the upper house to Draw the act Relat-
ing to the Govern" sallary.
J. Jeffry cle"^ ass™
Then the house adjourned to Sathurday May 10^''
Sathurday May the 10*'' 1730, a. m.
The house met according to adjournment all present as
Entred.
An order of the house was sent to Coll John Plaisted to
Bring what money is in his hands as Trustee for exchanging
the old Cypherd Bills
Eod"^ Die. In tire house &c.
[p. 154] Voted — That his Excellencie Governor Burnet is
hereby Desired to give his orders to the Receiver of the
Powder Money according to the last act. That he for beare
to receive any such powder money from any sloops that
coasts Between this and the Massachusetts, Rhode Island
and Connecticut for this psent yeare 1729
James Jeffry CP Ass"
In Councill May the 9"' 1729.
The within vote was Read and Concurred with the follow-
ing amendmS viz
That one third part be paid at or before the 25*^ July next,
another third part at or before the 25"' aprill 1730, and the
remaining third at or before the 25"' aprill 1731, and that
those psons who shall neglect makeing the first of said ])ay-
ments shall have no benefit of this act, But extent shall go
out against the Land mortgaged, any thing contained in the
1729.] JOURNAL OP THE HOUSE. 515
act notwithstanding and that Sha : Walton & John Frost
Esq be a comittee from the Board to Draw up an act accord-
ingly R. Waldron cP con
Eod™ Die. In the honse &c
The above amendment was Read & concurr'd
James Jeffry CI'' ass™
and Sam" Thing and M' Ep Dennit be a comittee of this
house to Joyn with the comittee above to Draw up y* act.
Eod™ Die.
In the house ordered, That Mr Joshua Pierce take care of
the money tliat the comittee rec'' from the Trustees.
Then his Excellencie adjourned the assembly to Munday
the 12"^ Instant at 10 oclock a. m.
[p. 155.] Munday May the 12"^ 1729, p. m.
The house met according to adjournment all present as
Entred.
In the house ct°
Voted, That each of the Trustees that had the 5384 lb to
Change the old Cypherd Bills be allowed two & a halfe pr
ct for Exchangin for what they have changed.
The 14'^^ the above came Down nonconcur'd and Read
againe and sent up that the house insist upon their vote.
James Jeffry J. C. ass™
Then the house adjournd to Tuesday the 13*'' lust a. m.
Tuesday May 13"' 1729. The house met according to ad-
journment all psent as entred.
A Mess^ came from the Board pr R. "Wibird & H. Sher-
burn Esqrs, That the Warrant for John Robinson must bo
for <£99 : 1 : 6, and the Ballance But as entred in the allow-
ances.
Then the house adjourned for two howers p. m.
Tuesday May 1^^'^ 1729, p. M. the house met according
to adjournment all present as Entred.
In the house &"
Voted that Ephraim Dennit be and he is hereby Impow-
ered to Demand and Receive from the severall psons that
have of the 1730 lb the Interest Due on the several Bonds
516 PROVINCE OF NEW-HAMPSHIRE. [1729.
and tliat Mr. George Jaffrey [p. 156] Give his bond for tliat
money Due from Capt Gerrislies Estate in the form that
the other Bonds are given and that on receipt of the Interest
Due on said Bonds at 2J halfe pr ct he enter the payment
on tlie Bonds Respectively as rec*^ and pay the same into the
Treasury from time to Time as he receives it.
James Jeffry CV ass"^
Eod" Die. In the house &"
Dover Petition was Read and the Parties heard of their
Councill and an order ^lade tor a comitte to go on the spot
and view the severall Districts and setle a Dividing line ac-
cording to the best of their judgments and that the Peti-
tioners in the mean time be free from being Rated to the
minister at the old Town cfe*^ and the maj'" part agreeing shall
be accounted sufficient to make Return at the next sessions
for confirmation
In the house &'^
The Bill for his Excellencies Sallary & the Excise was
Read three times and past to be Enacted
sent up.
Then the act for Proportioning the Towns was Read.
Then the house adjourned to Wednesday the 11*'' Inst.
Wednesday May 14"' 1729, a. m. the house met according
to adjournment all present as Entred
The act for Proportioning the Towns was Read a 3'^ time.
In the house &'^
Voted, That the 1076 lb 16s Tax for the yeare 1728, now
in the Treasury be Repeated for the payment of the Debts of
the Province that is and may be allowed by the Generall
ass™ and for a fund for the payment thereof
That an act l)e drawn up for the payment of It in the
yeare 1741
By Province Tax on the Poles and Estates
Sent up. J. Jeffrj CI'' Ass™
Eod™ Die. a Bill for prolonging the 15000 lb (which
expired the day of Aprill Last past as pr the former vote.
Eod'" Die.
a Petition of John Knight was Read, praying to be freed
from y" payment of Excise, & Voted to be Dismist, & Sent
up.
[p. 157.] In the house &g.
The Bill for Postponing the 15000 lb was Read three times
and past to be Engrost. Sent up
1729.] JOURNAL OF THE HOUSE. 517
Uern" the Liv* Gov' payed to the 14^'^ May 1728, charged
in the Treasurers account not inchiding the 14 day.
There was Bro' in by M'' Treasurer Jaffrey Sixty Six
pounds fifteen Sliillings and one peny of the hundred pounds
that he gave a receipt for May 25 1728 & Burnt
In the house &c.
Toted, That the said George Jaffrey be Discharged of the
above Said Sume.
James Jeffry CI'" Ass™
A Mess** from the Board pr M' Geo. Jaffrey that the Bill
for Postponing the 1000 pounds was concurred and at the
Same time Bro^ Down the Governors Instruction ag'' Strike-
ing of money.
Eod'" Die. There was Bro* into the Ass™ l)y Those Trus-
tees for Exchanging the old Cyphered Bills and Burnt
from Coll Ilunkins £ 16: 13:
Geo Jaffrey Esq' £ 36 : 17 : 8 or 5
E. Wibird Escf £169:10:9
Maj. John Gillman £ 45: 16: 6
John riaisted Esq>^ . £ 28 : 15 : 3
Coll Peter Weare £ 32: 14:
£330 : 07 : 2
Eod™ Die. There was alsoe Bro* in of the money for
Changing the old Cyphered Bills :
from the Ex--^ of Coll Hunking £646 : 15 :
R W, 23: 3: 1 D° Richard Wibird Esq. £ 23 : 1
Wear 324: 5: I> Maj'' J. Gillman £568 : 13
D° Peter Weare Esq'^ £346 : 19
£1595
OS:
3
£ 4
1:
Remains in Mr George Jaffrys hands
£1599 : 9 : 3
Then the house adjourned for two hours p. m.
[p. 158.] May 14"' 172«;i, p. m.
The house met according to adjournment psent as En-
tred.
A Bill for ReEmitting 1076 : 16 : was Bead and past to
Engrosd & Enacted
The vote for 2^ pr ct for the Trustees sent up againe
Eod"' Die. " In the house &"
Voted, That INIr Richard "Waldron be allowed & paid out
of the pulilick Treasury the sume of seventy five pounds in
618 PROVINCE OF NEW-HAMPSHIRE. [1729.
full for his years allowance as clerk of the coimcill to the
25"> Apr 1729.
James Jeifry C. ass™
Eod"i Die. In the house &c
Voted, That Mr Thomas Packer he allowed and paid out
of the Publick Treasury the sume of forty shillings for the
use of his house & utensils &c when his Excellency came
first into the Province
J. Jeffry cV ass™
Returned being to litle.
In the house &*^,
Rye Petition was Read and voted thereon That the Town
of Hampton be served with a coppy thereof, and to appear
next sitting of the assembly (if they sec cause)
J. Jetfry c?. ass™
The Petition of Richard Ward was Read and the vote of
y® Councill thereupon,
That there be added one shilling & six pence pr week to
the three shillings and six pence already allowed for the sup-
port ot Poore Prisoners out of their Estate.
To which the house concurr'd and voted that an act be
drawn up accordingly.
J. Jeffry c? ass™
In the house tfe*^
Voted, That Capt Joshua Pierce & Theo Atkinson be of
Com^"* from this house to Joyn with those that shall be ap-
pointed by the hon^^'® the Councill, to see ho^ much there is
of the 10761b: 16: Now in the Treasury to be Re-emitted
that is fitt to pass- and to tell over what is not, That the
same may be Burnt, as alsoe to get as many Blank Bills Im-
press'd and signed oif as shall be Burnt of the said sume :
and further that tliere be taken out of the money that was for
Exchanging as much money as shall be Burnt or will not
pass of the affore sd =£1076 : 16 : & y* y® com*'" affore said be
hereby Directed to Reimburse the comittee for Exchange
[p. 159] with the same sum that shall be so taken as soon as
they get the same Impress'd and sign'd off.
James Jeffry cl^ ass™
There was appointed from the Board as a comittee to
joyne with those above
R Wibird & J Frost Esq''^
Province of New Hampshire an account of -what money Delivered to
uss of the comittee appointed by the Gen" assembly for Receiving the
1729.]
JOURNAL OP THE HOUSE. 519
same from the severall Trustees that rec'd amongst them the £5300 &
odd for Exchanging the Cypherd Bills of y^ first Impression on the
Province viz of w' l)'^ Coll I'lunking Esqr £16: 13 cypherd Bills £17: 3
of D° in new Bills £64G:15
of Geo Jaffrey Esq' £ 3G: 7:8 cypherd D°
of D' in new Bills £
of Richd Wibird Esq £169 : 10: 9 cypherd D°
of D'' in new Bills £ 23 : 3: 1 cypherd D°
of T^Iaj John Gillman £ 45: 16: 6 cypherd D^
of D" in old new & Broken Bills £568: 13: 3
of Coll Plaisted £ 28: 15: 3 cypherd D"
of Coll Weare £ 76 : Mass^ money
& Cyplierd money £ 32: 14: Burnt
of D" Rhode Island money £ 30
of I>' old New Hampshire £122: 5: money
of D° £ 96: N Hamp money
£1892: 13:6
Deducting money now Burnt £ 330: 7: 2
1562: 6:4
Portsmouth May 14 1729 Jotham Odiorne "1
Henry Sherburn [ p„^:Hee
Copia J Jeffry CI' Ass™ Ephr'" Dennit | ^omittee
Josh Pierce J
The house adjourned to Thursday May 15 a. m.
[p. 160.] Thursday May 15*'' 1729 a. m.
The house met according to adjournment psent as entred.
James Mackeen Esq Desires the favor of this house that he
may be Dismissed, which the house took under considera-
tion and accordingly granted his Request, and voted that
the s*^ James Mackeen be Dismissed from serving as an as-
sembly man and that Mr Speaker issue out a warrant to the
Selectmen of Londonderry to chuse a Representative in the
roome of the s'' James Mackeen to Represent them in the
assembly at the next sessions
J. Jeffry CI-" ass'"
In the house k''
Voted — That Benjamin Rust be allowed and paid out of
y^ publick Treasury for the use of the court house to the
10*" ap*^ Last past being one year and halfe twenty foure
pounds Deducting five pounds & six pence that is already
allow'd Thomas Packer for wood and candles out of the
above sum.
J Jeffrv CV ass™
520 PROVINCE OF NEW-HAMPSHIRE. [1729.
In the house
Voted — That Theo Atkinson and Mr Joshua Pierce he a
com"'^ of this liouse to joyn with a comittee of the upper
house to let out the excise of this Province for any Tearm
not exceeding three years, to the highest bidder and that
they take sufficient security payable every yeare to the
Treasurer.
J Jeffry CV ass"^
Eod™ Die. A Mess'* from the Board That the above vote
was concurr'd & That R Wibird & H Sherburn Esqrs were
appointed above to joyn.
Eod°^ Die. In the house &*=
Allowed ]\P Tho"* Packer 20s for fireing more than the
former allowance.
They sent down nonconcurr'd
In the house &''
Voted — That Henry Sherburn in the Plaines he allowed
& \f out of the Publick Treasury the sume of three pounds
for expenses of the Troops treated there on Proclaiming
King George the 2''
Concurd Ja* Jeffry CI' ass™
[p. 161.] In the house &<=
Voted — That the five hundred pounds due from the sun-
dry of the Inhaljitants of the Town of Kingston and payable
to y'^ grand comittee for s*^ money at 3 pr ct be paid into the
s'' comittee as the other part of said sume of £15000 is viz
That each person hath of that money pay £10 p ct for y®
same and at Times prescribed for the Remainder part of
the said £15000
J Jeffry CP ass'"
Ballance Due to Mr Geo Jaffrey May 15^^ 1729 on his
gen" accompt £239 : 13 : 9.
Eud"' Die In the house &"
Voted — That his Excellency be Desired to Direct the
Kings attorny to ])ut the Bonds given for payment of the
Excise in suite in case the Ballance Due thereon be not paid
in a months time from the Riseing of the present ass"^
J Jeffry CV ass«>
Whereas the atfaiis of the Boundary Lines Between this
and the Province of the Massachusetts and the stores for
Fort W'" tfe Mary that have been so long solicited for are yet
Depending before the King in Councill and the Issuing
17-J9.] JOURNAL OF THE HOUSE. 521
thereof has in a Great Measure been occasioned, for want of
the agents being enabled to present the same and his com-
iss"* being new Determined
Voted — That his Excellency be Desired to comiss"nate Mr
Henry Newman our former agent to be agent for this Prov-
ince and that the sume of one hundred pounds sterling be
sent to said Newman to enable him to prosecute the above
affairs and any other matter that relates to this Province.
May 13"' R Waldron CV Con.
In the house &"
The above vote Read and concurred with this amendment
& tliat [p. 1C2] Instead of 1001b sterling to be sent the said
agent, That the money Due to the Province in the hands of
Mr John Penhallow together with the Interest Due on the
severall Bonds given for the IT 301b be appropriated for the
use above said
James Jeffry CI'' ass™
Returned & addition made In the house
Voted — That 2001b this currency or the valine thereof
ster^ be sent our agent and that the Debt & Interest above
said be appropriated to that use — and that the Treasurer be
Directed cfe Irapowered & sue for the same
May 15''' 1729. J Jeffry CV ass^^
In the house &°.
Voted — That the 5001b Due from the Sundrie Inhabitants
of the Town of Kingston which was let out at 3 pr ct pr
annum be rec*^* by the grand comittee in three payments as pr
the late act is Provided for those that are Indebted for the
150001b : and that Instead of the three pr ct pr annum each
pson pay 10 pr ct on the whole sume each pson rec'd of the
said Money & that the money so rec'd be put into the Treas-
ury from time to time as it shall be rec'd,
Jas Jeffry CF ass°i
In the house k*^.
Voted — That the money rec'd from the former Trustees
^th -^^t remains in the hands of the said Tiaistces be put into
the hands of Theo Atkinson Es(i and :SP Bar' Thing for Ex-
changing the old Cypherd Bills to be allowed 21 pr ct for
what shall be by them Exchanged till further order.
J Jeffry Cl^ ass"*
Returned nonconcurr'd and the following amendm' viz that in
522 PROVINCE OF NEW-HAMPSHIRE. [1729.
the Roomc of Theo Atkinson Esq & W Bar* Thing be Incert-
ed the Treasurer lor the Time Being. R W CV Con.
In the house of Representatives, The above amendment
read and voted
That the house adhere to their former vote
J Jeffrey C? ass"^
[p. 163.] May 15«> 1729.
A Memoriall of Mr John Penhallow was Read wherein he
Desires satisfaction for an Indian captive that he had
And voted Thereon That the memoriall be Dismissed and
That Theo Atkinson be a comittee of this house tojoyn with
one of the upper house to give Reasons why the Province of
New Hampshire ought not to make satisfaction.
James Jeffry CI'' Ass™
In the house &c.
Voted — That Nathaniell Weare Esq and Cap* Joshua
Pierce and Theo Atkinson be of a comittee from this house
to joyn with a comittee of the upper house to meet the com-
ittee that may be appointed by the Province of the Massa-
chusetts Bay to run the West line from three miles to the
northward of the mouth of Merrymack River : and to run
as far west for the present as the Town of Donstable the
west side the River that runs Down into Merrymack
James Jeffry CI"" ass"
Sent up & concurr'd and Sha Walton Geo Jaffrey and
John Frost Esqrs were appointed a comittee from the
Board for that end.
In the house <fc*^.
Voted — That his hon"^ the liv' Govornor be paid out of the
excise That is now Due the sume of one hundred pounds
as comand'' in chief from May 1728 to the time of the new
setlement in November last past.
J Jeffry CV ass"'
In the house &*^.
Voted — That the Treasurer Receive the present years Tax
from the severall Constables in this Province in any passa-
ble Bills of C"" of any other Province as well as Bills of this
Province
J Jeffry CV ass^
An act in addition to the act for allowances to poore pris-
oners Read three times.
Henry Shcrburn and Theo Atkinson were made Trustees
for the Exchanging the old cyphcrd Bills of C' the vote Re-
17-29.] JOURNAL OF THE HOUSE. 623
lateing Kingston concurr'd and the Reconsidering the agents
vote concurr'd.
The house adjourned for two hours p. m.
[p. IG4.J The house met according to adjournment psent as
Entred.
In the house voted
That Theo Atkinson Esq and Mr Ephraim Dennit be of
the comittee of this house to joyn with a comittee of the
upper house to write to Mr agent Newman and give him
further Instruction about the lines and stores.
J Jeffry CY ass"*
Sent up and a Mess^ from y^ Board that the above vote
was concurr'd and that Geo Jaifrey & H Sherburn Esqrs
were appointed at the board to joyn the above comittee.
Mem° the sume of the money for the old cypherd Bills ex-
change in the comittee hands is — X1559 : 4 : 1.
His Excellencie sent for the Speaker and the house to at-
tend him at the Board and the house went up accordingly
and the Bills were Read and past.
And then his Excellency adjourned the Generall assembly
to the second Tuesday in 8'' next.
Tuesday 9^ 25^'' 1729 Q) The house met & present
Mr Speaker Wiggans Mr John Sandburn
Capt Joshua Pierce Mr Bar* Thing
Capt Geo Walker Mr Richard Jennes
Mr Ep Dennit Capt John Downing
Nathaniel Weare Esq Mr John Goff
Capt Joshua Wingate Mr Theo Atkinson
[p. 165.] Tuesday December the nineth 1729 P. m.
The house met according to Prorogation
Present
Mr Speaker Wiggans Mr John Sandliurn
Joshua Pierce Esq Sam" Thing Esq
Capt Geo Walker Mr Barth"^ Thing
Mr Ep Dennit Theo Atkinson Esq
Paul Gerrish Esq ]\Ir Richard Jennes
Cap* Sani^ Tibbets Mr Ebenezer Stephens
Capt Francis Mathes John Downing Esq
Nathan Weare Esq Mr John Goff.
Capt Joshua Wingate
(1) Probably there were successive adjournments or prorogations by
his Excellency's order — See next date. Ed.
524 PROVINCE OF NEW-HAMPSHIRE. [1729.
A Mess" from his lion'' That M"^ Speaker & the house at-
tend hiin at the Board. They went up accordingly his hon'
made a Speech of which Mr Speaker ob*d a copy and Returnd
[See Journal of General assembly,]
A letter from mr Newman was Bro* Down <fe read
Then the house adjourned to Wednesday the 10"' X'" 1729.
Wednesday X'' 10"" 1729. a. m. the house met according
to adjournment all present as Entred for the Day
Mr John Goff was Returned as Elected a Representative
for the Town of Londonderry & appeared & was Quallilied
according- to Law & accepted.
Then the house adjourned for two hours p. m.
[p. ler..] Wednesday X-" 10*^ 1729 p. M. The house met
according to adjournment as Entred.
Eod™ Die. In the house of Representatives
Voted — That the Province rate for the next yeare be paid
into the Treasury in the same Proportion as last yeare and
that the Treasurer Issue out his warrant to the several towns
within this Province accordingly and that an act be drawn
up accordingly.
Jas Jeffry clr ass™
X"" y® 12 : a Mess'*^ y* y° above was concurrd.
The Return of the Comittee that was ordered to make the
Dividing Lines Between Oyster River Dover & the Northeast
part of Dover was read and alsoe a Petition of sundry of
the People lying nearc the Dividing line Between Dover and
Oyster River was read & sent up to know if the Board would
joyn with the House in hearing the Parties.
Eod" Die — A Mess^ pr Mr Clerk Waldron That according
to the Desire of the House the Board was ready to proceed.
Then the House went up & heard the Parties & returned.
Eod" Die. In the house of Representatives
Voted that Thco Atkinson and Nathaniel Weare Esqrs be
a Comittee of the house to make an answer to y'^ Governors
Speech & lay it before the House for approbation:
In Councill X'^'" 10"' 1729.
Voted that the Petitioners for a Parish in the northeast
part of Dover have li1)erty to bring in a Bill according to
the Report of the Comittee varying the bounds from the head
1720.] JOURNAL OF THE HOUSE. 525
of fresh Creek to a white Oak Tree as the Rhoad goes — and
the other part of the Report relating to Oyster River to lye
under consideration till next f^pring sessions. Tliat Mr
Joseph Jones Sc others who take exceptions to the bounds of
Oyster River may have opportunity to show the justice of
their objections bv a plat.
R Waldron CP Con.
Eod'" Die In the house of Representatives read k concurrd
James Jeffry C-l"' ass"^
Then the house adjourned to Thursday the 11"' X'^'' a. m.
[p. 167] Thursday X''-' 11"^ 1720 a. m.
the house met according to adjournment all psent as
Entred
Eod"' Die In the house of Representatives
Voted that there be a comittee of this house to joyn with
a comittee of the upper house to tell over the severall pcells
of money now in the Treasury to be Burnt or Repeated and
make their Return to the Gen" assembly and that Theo At-
kinson Esq and Mr Eaphraim Dennit be a committee from
this house for that End.
James Jeffrv CI"" ass'°
Eod™ Die,
A ;Mess^ pr Mr Waldron That the above vote was concurrd
and that R Wibird & J f^herburn Esq was appointed above
for that end.
Then the house adjourn'd for two hours p. m.
Thursday X'^ 11 1729 p. m. The house met according to
adjournment all psent as entred.
Eod™ Die. In the house of Representatives
Voted — That James Jeffry be paid out of the Publick
Treasury the Sume of fifteen Founds for his service as clerk
of the assembly from the 19"' of November 1728 to the 19^"
of November 1729 & that his lion"" the Liv' Govorn' be Desir-
ed to Issue out a Warrant accordingly.
James Jeffry CP ass"^
A Mess* pr Mr Waldron the above vote was concurred.
Then the house adjourned to Fryday X"^ the 12"' 1729, p. m.
526 PROVINCE OF NEW-HAMPSHIRE. [1729.
Fryday X' 12'*' 1729, a. m. The house met according to
adjournment all psent as entred
Voted — That Thomas Harvy be paid out of the Publick
Treasury, the sume of three pounds expences of the soul-
diers in Proclaiming the Liv' Gov" Comission.
James Jeffrey Clc ass°^
Allowed Benj^ Rust for the use of his house from the
tenth of Ap"^ 1729 to the lO'"" of October 1729 being 6
months £8
The above Eefer'd at the Board.
Eod'" Die.
Received at George Jaffrey Esq""* by the comittee for tell-
ing the money the sume of thirty three pounds five shillings
in fiill of a rec* he gave for one hundred pounds May 25
1728.
A petition of Eljenezer Tutle for Relief in cutting off an
Entale on Lands his father Mortgaged to y® Province
[p. 168.] The comittee for telling the money over Bro*
in to the assembly the sume of two thousand one hundred
and fifty two pounds three shillings of the 15000 lb Loan
received of George Jaffrey Esq'' that had been paid in to him
by the comittee Gen" and off said sume the said George
Jaffrey is hereby Discharged.
Then the house adj*^ for 2 hours P. M.
Fryday X"" 12**" 1729, p. m. The house met according to
adjournment all present as entred
In the house of Representatives
Voted on Tutles Petition. That it not appearing to uss
that the Petitioner hath complied with his Maj"*^* 25"' In-
struction to our Gov'' by giving Publick Notice &*^ that the
said Petition be Dismissed
James Jeffry CI"" ass"^
X"" 16, A mcss^ that y^ same was dismissed at y^ board
In the house of Representatives.
Voted—
That tis the opinion of this house y' y^ Excise act is Ter-
minated and that another act be Drawn up to Revise it.
James Jeffry C? ass""
A Mess* pr Mr Waldron. That the Board was Ready to
attend the hearing of the Ry Petitioners
The house went up for the same end, and after hearing
Returned, and Debated upon it, and
1729.] JOURNAL OP THE HOUSE. 527
Voted — That the Prayer of the petitioners be so far
granted That a Coniittee of Indefferent psons be chosen and
go upon the spot and make their Return to the gen" ass"'
next sessions, and that the Petitioners pay the charges, and
that a plat be made and Bro't into the assembly by said
Comittee of the old p'ish of Hampton with a Division of
the north Hill part alsoe of the whole p'ish of Rye, and
alsoe of that part that belongs to Portsmouth & Greenland
that is Powld off to Ry for further consideration.
J Jeffry cl' ass™
Mr John Sanburn & Mr Joshua Wingate enters their
Discent ag* the above vote. Then the house adjourn'd to
Sathurday the 13''' a. m.
[p. 169.] Sathurday X"" 13, 1729, a. m.
The house met according to adjournment all psent as En-
tred for the Day.
A Mess'* pr R Wibird J Odiorn and Mr Cler Waldron
that the Governor adjourned the assembly to Munday the
the 15'^ curr*^
Monday X' 15 p. M. 1729. The house met according to
adjournment.
P'sent
M"' Speaker Wiggans M'' John Sanburn
Cap^ Joshua Pierce Sam" Thing Esq"^
Geo Walker M^ Bart Thing
M"^ Ep Dennit Theo Atkinson Esq''
Paul Gerrish Esq M^ Rich'' Jennes
Cap* Sam' Tibbets Mr Eben"" Stephens
Cap Fran Mathes John Downing Esq
Natt Weare Esq"- Mr John Gofif
Cap* Joshua Wingate
The Speaker not apppearing the Liv* Gov' adjourned the
ass™ to Tuesday y'' 16 a. m.
Tuesday X-" the 16 1729 a. m.
The house met according to adjournment all psent as En-
528 PROVINCE OF NEW-HAMPSHIRE. [1729.
tred for the day and the Speaker not appearing the house
proceeded to chuse a Speaker pr tempore by Ballot
and Theo Atkinson was chosen
allowed John Robinsons ace* £S2 : 13.
allowed Mr Atkinson going to Boston for Gov"' Burnets Com"
£9:5 both concurred above
[p. 170] The house adjourned for two hours p. m.
Tuesday X'' IG**" p. m. the house met according to
adjournment all psent as Entred.
allowed Richard Perry <£6 : 8 in full of his ace' of £8 : 6:2
Then the house adjourned to Wednesday the 17 a. m.
Wednesday X"" 17*'' a. m. The house met according to
adjournment all present as Entred for the day.
Whereas the act of this Government for Setling a Sallary
upon Governor Burnet Is by his Death(^) Expired and the
act for Laying an Excise of Liquors having some Reference to
the said act for setling a Sallary which may cause Some Dis-
pute whether the Said Excise act is not alsoe Expired to pre-
vent which in the house of Representatives
Voted that it was the Intent and meaning of the Legis-
lature that the Said Excise act so far as Related to the Ex-
cise should be in force untill three years from the Publication
thereof, and that the money collected by virtue of the sd act
shall be from Time to Time applyed for the paying y^ allow-
ance made by the Gen'' assembly.
Voted that Richard Waldron Jun'' lie allowed & paid out
of the Publick Treasury for making out comiss"^ £84 : 18.
to Thomas Packer for wood to May 1729 £1.
A mess^ pr mr cler Waldron that his & Thomas Packers
allowance was concurr'd with above.
In the house.
Voted — That Mr Ephraim Dennit be allowed and paid out
of the Publick Treasury the sume three pounds for his
Trouble in gathering the Interest money on the 17301b
Bonds. ' J Jefifry CV ass"^
Eod'^ Die. In the House.
Voted That the 17301b now at Interest the Bonds be re-
newed and Interest paid at 6 pr ct pr annum or otherwise
that the money be Bro* in and Burnt.
J. Jeffry CI'' ass*"
A mess^ that the Last vote lye for consideration.
(1) See notice of liis death in Journal of General Assembly. Ed.
1729.]
JOURNAL OF THE HOUSE. 529
[p. 171.] The act for Reviving the Trespass was Read three
times and past to be enacted & Sent up and concurr'd.
Then the house adjourned for two hours p. m.
Wednesday the 17*" X-" 1729 p. m.
The house met according to adjournment all psent as en-
tred
Allowed Henry Sherburn Esq 2 : 12 : 6 for canvas for the
fort Boat.
Allowed Solomon Cotton 15s for Expenses of the Troop
when they went to meet Governor Burnet.
In the house.
A vote passed on the Dover Petition for a comittee to
goe and Examine the Town Bookes k" concur'd above and
Henry Sherburn & Jotham Odiorn were appointed from the
Board.
Then the house adjourned to Thursday the 18"' a. m
Thursday X-^ the IS*"^ 1729 a. m.
The house met according to adjournm' all present as
Entred.
Madam Rogers Petition was Read and ordered to ly till
the next sessions and that the clerk of the assembly in the
mean time get information from the Late Treasurer Penhal-
lows ace* how Gov' Dudley.
In the house k^
Toted, That five hundred pounds of the 1400 lb Tax now
in the Treasury be post pon'd to the yeare 1742 and that it
be now applyed to the payment of the allowances made this
assembly & that an act be drawn up accordingly and that
the Remaining 900 lb be put into a comittees hands and let
out six pr cent pr annum or otherwise bro* in and Burnt ac-
cording to the act.
J Joffry Clr ass™.
Then the house adjourned for two hours p. m.
Thursday X'' the IS"-'^ 1729 p. m. The house met accord-
ing to adjournment all present as Entred,
A Mess'''^ came from the board that the 500 lb was to litle.
Then the house adjourned to Fryday the 19*'' a. m.
630 PROVINCE OF NEW-HAMPSHIRE. [1729.
Fryday X' the 19*^ 1729 a. m. The house met according
to adjournment all present as Entred.
Allowed Eleazer Rusell his account £9:6:2
and allowance to M'" Gambling that was formerly
allowed for giving the oath of allegiance, £4 : :
In the house
[p. 172.] Voted that the sume of seven hundred pounds of
y° fourteen hundred pounds which by act is to be Bro* into
y" Treasury this yeare be Remitted for the Defraying the
Charges of the Government which hath been allowed This
sessions by the Generall assembly and that an act be Drawn
up Requiring the payment of the same againe in the yeare
1742 and that the remaining seven hundred pounds remaine
in the Treasury till the further order or the Gen" ass"^
James Jeffry Clr ass"^
In Councill X'' the 19^^ 1729.
Voted—
That the selectmen of the severall Towns within this
Province be and hereby are Directed to take an Invoice of
all the Poles and Rateable Estates within their Respective
Towns and District and Report the same upon Oath at the
next sessions of the Gen" assembly in order to a new Pro-
portion of the Province Tax for the yeare 1731 and onward
as the Gen" assembly shall see meet.
R. Waldron Clr, con.
The act for Postponing 700 lb to 1742 Read three times
and past and sent up
A Mess* pr mr cler. Waldron that his hon"^ the Liv* Gov-
ern'' Required the attendance of the house att the Board
accordingly the house went up.
And the Liv* Governor Proroug'd the Gen^^ Assembly to
the Last Tuesday of May next.
[p. 173.] April the 23^ 1730
The Assembly met by order of the Liv* Govern"" and
Councill
P'sent
Mr Speaker Wiggans Mr John Sandburn
Joshua Pierce Esq. Sam" Thing Esq
Capt George Walker Mr Bar* Thing
Mr Ep Dennit Theo Atkinson Esq
1729.] JOURNAL OF THE HOUSE. 531
Paul Gcrrish Esq. Mr Rich'^ Jennes
Capt Sam^' Tibbets Mr. Eben Stephens
Cap* Francis Mathes John Downing Esq
Natt Wcare Esq Mr John Goff
Cap* Joshua Wingate
A Quorum being met and his hon"" notified thereof his
hon"" the Liv* Govornor Directed the house to attend in the
Council chamb'' Air Speaker and the house went up : The
Liv* Govornor made a Speech of which Mr Speaker pray'd
a Copy and Returned
The purport of the Speech was of the advice of Mr.
Belchers being made Govorner & Expected dayly & to com-
pliment and make Provision for his receptance
It was agreed on in the House that considering the Dis-
temper at Boston and danger in going : that a letter would
be acceptable & sufficient and a Mess* sent to signifie the
mind of the House
A Mess-"* came Down that the Board consented and signi-
fied that his hon"" Intended to go himselfe : and take two of
the Councill with him : and liop'd that the ass™ would pay
the charge
[p. 174.] In the House &c
Its the advice of the House that the Expences of his hon"^
the Liv* Govornor and two of the Gentlemen of the Councill
that goe with him to waite on his Excellencie after his
arrival at Boston that their Expenses be paid out of the
Publick Treasury and also that the Expences of the Gen^'
Assembly & Council that shall Waite upon his Excellencie
at his arrivall into this Province as far as the line be paid
out of the Publick Treasury : and Theo: Atkinson Esq and
Mr. Ephraim Dennit be of the Comittee of this House to
provide for the Entertainm* of his Excellencie & and to do
it after they hcare of his arrivall at Boston and that the
Treasurer suply them with money
James Jeff^ry Cl'^ ass™
And then they were Dismissed
Prorouge by Proclamation to the 16: June 1730
Prorouge againe By Proclamation to y" 2'' Tuesday in
July 1730
Prorouge againe By Proclamation to 1'' Tuesday in Au-
gust 1730
532 PKOVINCE OF NEW-HAMPSHIRE.
Answers to the Queries sent from the Right Hon'ble the Lords of Trade
and Plantations, Jan. 22, 1730.
[From MS. Corr. in Secretary's, Office, Vol. I, pp. 61-GG.]
1. The situation of y"^ Province of New Hampshire is between tlie
Province of tlie JNIassachusetts Bay and the late Province of IVIain,
bordering about fifteen miles in width upon the Atlantick sea or West-
ern Ocean. The nature of the Country as to the ground, is rough,
uneven and hilly, but for the most part a good soil, being a mixture of
clay land and loom, well watered and suitably adapted for hemp and
flax, and having considerable meadows in it. As to the climate, 'tis
cold. Portsmouth, the Capital of the Province, is in forty three
degrees and twenty minutes north latitude, and sixty eight degrees
west from London, settled by good observation.
2. The Province has no other boundaries than what are expressed
in the Kings Commission to the Governor and they are from three
miles to the northward of Merrimack river on y'' one side, to Piscataqua
river on the other, and no other bounds are mentioned in the s'l Com-
mission, and both of them are in dispute w"^ the Goverment of the
Massachusetts Bay.
3. As to the Constitution of the Goverment, the Supream Power
here is vested in the Governor and Council (appointed by the King)
and a house of Representatives, (chosen by the People) who make
Laws, &c.
4"^. The trade of the Province is lumber and fish. The number of
shipping belonging to the Province are five consisting of about five
hundred tons, and there are about three or four hundred tons of other
shipping that trade here (annually) not belonging to the Province.
The seafaring men are about forty. The Trade is much the same as it
hath been for ten years past.
5*. The Province makes use of all sorts of British manufactures,
amounting to about five thousand pounds starl"s per ann in value,
which are had principally from Boston.
G'''. The Trade of this Province to other Plantations is to the Carib-
bee Islands, whither we send lumber and fish, and receive for it rum,
sugar, molasses and Cotton: and as to the trade from hence to Europe,
it is to Spain or Portugal, from whence our vessels bring home salt.
7"^. The method to prevent illegal trade is by a Collector appointed
at home.
8"^- The natural Produce of the Province is timber (of various
-kinds) viz. (principally) oak, pine, hemlock, ash, beach & birch; and
fish, and they are the only commoditys of the Place. The Timber is
generally manufactur'd into beams, plank, knees, clap-boards, shingle
S: staves, and sometimes into liouse-frames, and the value of those com-
moditys annually Exported from hence to Europe and the West-India
Islands, is about a thousand pounds sterling, Meniorand. besides
what is above mentioned, the Coasting sloops from Boston, carry from
hence thither in fish and Timber about five thousand pounds, pr
annum.
9*. No mines are yet discovered, except a smal quantity of Iron ore
in two or three places.
10"^. The number of Inllabitant^'5, men, women and children, are
about ten thousand whites and two hundred blacks.
PROVINCE OF NEW-HAMPSHIRE. 583
11"'. The Inhabitants are increased about four thousand within this
ten years hist i^ast, a thousand of which (at least) are People from
Ireland(') lately come into and settled within the Province. Another
reason of the Increase of late more than formerly, is a peace with the
Indians the four last years.
12. The Militia are about Eighteen hundred consisting of two regi-
ments of foot, w"' a Troop of horse in each.
18"*. There is one Fort or Place of Defence, called Fort William and
Mary, situate on the Great Island in New Castle, Avhich commands the
Entrance of Piscataqua river, but is in poor low circumstances, much
out of repair, and greatly wanting of stores of war, there not being
one barrel of gun-powder at this time in or belonging to that (xarrisou.
14"*. There are no Indians in this Province now in time of Peace that
we know of.
lo"*. There are no Indians in the neighborhood of this Province that
we know of, Except in the Eastern parts of the Province of the Massa-
chusets Bay, and what their number or strength is, we are not ac-
quainted.
16. We have no neighboring Spaniards or other Europeans, except
French, who according to the best intelligence we can get, are extremely
numerous and strong both at Canada & Cape Briton.
17. The Etiect which the French settlements have on this Province
is, that the Indians are frequently instigated and influenced by them to
disturb the Peace and quiet of this Province, we having been often put
to a vast expense both of blood & treasure to defend ourselves ag*' their
cruel outrages.
18. The Revenue arising within this Province is three hundred ninety
and six pounds by Excise, which is appropriated towards the Govern-
or's Salary, and about three or four barrels of Gun-powder from the
shipping which is spent at the Fort. There is no other revenue but by
tax on Polls & Estates.
19. The ordinary Exjiense of the Goverment is about fifteen hundred
pounds pr annum, now in time of peace. The extraordinary & Con-
tingent charges, as Repairs of the Fort, powder, &c. are aboiit five
hundred pounds more.
20"*. The Establishments are six hundred pounds pr Annum Salary
on the Governor, Eight shillings pr diem on each Councillor, & six shil-
lings pr diem on each Representative during the Session of General
Assembly, and a hundred and fifty pounds pr annum on the officers and
souldiers at the Fort. There is no other Establishment Civil or Mili-
tary w"*in the Governm', but the General Assembly make allowances
from time to time as they see meet, to the Treasurer, Secretary, &c.
The Judges, Justices, Sheriffs, Clerks, & all otlier officers' fees, are
fix'd by a law to be paid by the party & persons whom they serve; but
they have nothing out of the Treasury. All the officers Civil & Mili-
tary hold their Places by Commission from the Gov"", except y*^ Coun-
cil''- appointed by the King, the Recorder of Deeds chosen by the Gen^
Assem : the Clerks of Courts nominated by the Judges of the s'^ Courts
respectively, and selectmen, assessors, constables, tithing men & other
. Town Officers chosen by y*^ Towns at their respective Town meetings.
(1) Tliese were tlie Scotch-Irish, wlio settled at Londonderry. Ed.
JOURNAL OF THE COUNCIL AND ASSEMBLY,
From April 22d, 1729, to Ajjril 23d 1730 — during Governor
Burners Administration.
NOTE BY THE EDITOR.
The Journal of the Council and Assembly which follows, from April
22<i,1729, to April '23'i,1730, embraces the period of Governor William
Burnet's Administration, and until the arrival of Gov. Belcher. This
Journal is contained in a bound MS. volume in the office of Secretary
of State, labeled " Journal of the Council and Assembly, 1729
-1742." The Journal, as here printed, is interspersed with miscellan-
eous Records and Documents relating to the same period.
[p. 1.] Prov. of N. Hamp'".
At a General Assembly held at Portsmouth by Proroga-
tion Tuesday April 22^ 1729.
Present
His Excellency William Burnet Esq. Govern"^
His Honor John Wentworth Esq Lt Governor
Shad^ Walton \ ^^ ^ Rich'' Wibird \ ^^ ^
Geo: Jaffrey \ ^ Joth Odiorne \ ^^
Henry Sherburne Esq.
A message from his Excellency to the House by the clerk
to require their attend^ at the Council Board the Speaker
and House came up accordingly to whom his Excellency was
pleased to make the following Speech.
Gentlevien
I should have met you sooner if I had followed my inclinations,
but the difficultys I have been struggling with in my other Goverment
would not permit to leave it, til I had used all possible means to bring
them to an Issue. I have now obtained a full approbation from the
Lords Commissioners for Trade and Plantations of my conduct there
in declining to accept of money from on the Assembly on any terms
different from those in my Instructions, which their L^^'^sliips do me the
lionour to call prudence and integrity in me. I have an Instruction of
the like nature to lay bi^fore you for settling a salary on the Governor
1729.] JOURNAL OF THE COUNCIL AND ASSEMBLY. 535
and commander-iu-chief for the time being and as you may believe it
will be a sacred rule to me, especially after such a justification so I
hope it will be chearfully comply'd with on your part, since it will un-
doubtedly entitle you to his Majesty's favour; And indeed the sum de-
manded of you is but a fifth of that mentioned in my Instructions for
the Mass* bay which is the proportion you have usually made your
choice; and when this is done the amount of all your Publick charges
(p. 2) will not be above a teuth part of those sustained by them. I
have done what lay in me to prevent the mischiefs that might arise
from disputes about the bounds of the two Provinces, and shall be very
ready to Contribute my endeavours to bring that matter to a happy
conclusion and to joyu with you in every thing that may conduce to
the welfare of the Inhabitants as far as it is in my power. I shall be
glad to see it appear by your proceedings, as it may with reason be Ex-
pected, that the nearer a form of Goverment approaches to the good
old Constitution of England and the less it is incumber'd w"^ singulari-
ty's aud innovations the better are the publick afi'airs managed, and the
liberty and property of y*^ Subject secured.
The Speak'" obtained a copy of the foregoing speech from
his Excellency and then the Honse withdrew.
Adj** 'til tomorrow 10 o'clock a. m.
Prov. N. Hamp'^.
At a Gen^ Assem held at Portsm" by adj* "Wednesday
April 23'! 1729.
Present
His Excellency William Bnrnet Esq Gov'
Shad=^ Walton } ^^ ^.^ Rich'' Wibird ) -^^ ^^^
Geo Jaffrey \ ^ Joth Odiorne ) ^
Henry Sherbnrne Esq.
His Excellency laid before the Board a New Seal w*'* his
Majesty's Instruction for using the same & sending home
the old one : y"^ Instruction bears the date y« 28*"^ Sept 1728
& is on file.
A message from his Excellency to the house by Shad*
Walton Geo Jaffrey Esqr and the clerk with his Majestys
30"^ Instruction to the Governor for settling a Salary w*^*^
was read and left with them.
A message to the Board by Capt Winget and Mr Bartli'
Thing to propose reviving the Excise Act
Adj. til tomorrow 10 o'clock a. m.
Instruction 30th.
[Copied from Journal of the House, App., p. 600.]
Whereas it has been represented unto us that the Council and As-
sembly of our Province of New Hampsh"" have not hitherto settled any
536 PROVINCE OF NEW-HAMPSHIRE. [1729.
certain sallaiy upon our Gov''^ thereof suitable to the dignity of that
Post, notwithstanding coppys of our Instructions for that purpose have
been laid before them: and whereas the Lords of the Comittee of our
Privy Council and likewise our Commissioners for trade and Planta-
tions have Keported that the Sallary payable to our Gov'' hath never
been settled according to the Instruction given to our former Govornors
nothwithstanding it has been earnestly recommended to the said Coun-
cil & assembly in our name to pass acts for that purpose, but that instead
thereof they have from time to time made them such allowances and in
such proportions as they themselves have thought our Governors have
Deserved in order thereby to make our said Governor the more depen-
dent upon them, which pi'oceedings of the said councill and assembly of
our said Province in not paying a due regard to the lloyal Pleasure of
the crown so often signified to them, wee cannot but look upon as a
neglect of their Duty to us in that behalfe, and and as wee judge it
highly reasonable & necessary That a Due provision should be made for
the support of our Gov"" of our said Province as hath been made fof
our other governors of our Plan'^ in America, which have been much
less able to grant the same than our Province of New-hampshire : our
will and pleasure therefore is, and wee do hereby direct and require
you to acquaint the Councill & Assembly of our said Province of New
Hampshire that as they hope to recommend themselves to the continu-
ance of our Eoyal grace and favor they must manifest the same by an
immediate complyance with what has been so often recommended to
them in forthwith passing acts to establish a fix'd and hon"^'*^ sallary for
the supporting and maintaining the Dignity of our Gov'' or commander
in chief for the time being : and wee deem a competent sum for that
purpose to be at least two hundred pounds sterling pr annum from our
said Province of New Hampsliire and in case the said Councill and As-
sembly shall not pay a Due & Imediate regard to our Royal will & pleas-
ure hereby signified, wee shall look upon it as a mannifest mark of their
undutiful behavior to us and such as may require the consideration of
the Legislature in what manner the honour & Dignity of our Govern-
ment ought to be supported in our said Province for the future.
A true copy of his Majesty's thirtieth Instruction, to his Excellency,
Gov"" Burnet bearing date at St James the 28* day of March in the
first yeare of his IMaj'"^^* Reigne.
Certifyed pr Rich'i^Valdron CI-- Con.
A true copy of the Instruction sent down. Examined pr
James Jeffry, Cler assm.
[p. 3.] Prov. of N. Hamy)"" At a General Assembly held
at Portsm° by Adj' Thursday April 24*^^ 1729.
Present
His Excellency William Burnet Esq. Governor.
Shad'-' Walton ) ^ Rich'' Wibird ) ^
Geo Jaffrey \ ^^^' Joth Odiorne j ^^^^^
Henry Sherburne Esq.
A message to the Board by Capt. Walker w*'' a vote for a
1729.]
JOURNAL OF THE COUNCIL AND ASSEMBLY. 537
Comitte of Audit viz. Messrs, Weare Atkinson and Thing.
The Council concurred & appointed Messrs Wibird Odiorne
and Sherburne to joyn in the said service.
Adj'^ til tomorrow 10 o'clock a. m.
Prov. N. Hamp''.
At a Gen^ Assem held at Portsni" by Adj* Fryday April
25 1729
Present
His Excellency William Burnet Esq. Governor
Shad=» Walton ] ^^^ ^ Rich'^ Wibird } -^^ ^
Geo Jaffrey j ^ ^*' Joth Odiorne \ ^
Henry Sherl)urne Esq.
Capt. Paul Wentworth Preferr'd a Petition for a Parish
in y*' North East part of Dover read & sent down by y*^
Cler :
A message to the Board by Messrs Pierce & Walker w*'' a
vote for postponing y'' payment of the outstanding part of the
15000 lb loan.
At the request of the House,
Adj*^ til Tuesday next.
Prov. of N. Hamp'-.
At a Gen^ Assembly held at Portsm'' by Adj* Tuesday
April 29"' 1729.
[Present as before]
_ Adj*^ til tomorrow, 10 o'clock, a. m.
[p. 4.] Prov. of N. Hamp'".
At a Gen^ Assembly held at Portsm° by Adjournm' Wed-
nesday April 30 1729
Present
His Excellency William Burnet Esq Gov''
Shad^ Walton ) y Joth Odiorne ] p
Geo: JafFrey ) ^' Henry Sherburne \ '■' '
Several Quakers Preferr'd a Petition in behalf of tliem-
selves and their friends at Dover praying to be Exempted
from gathering the Ministers' rates as Constables read and
sent down.
538 PROVINCE OF NEW-HAMPSHIRE. [1729.
A message to the Board by Messrs Stevens «& Sanburn w*^
a vote for a Committee to consider of means to ease the
borderers on the Divisional line of y^ two Provinces occa-
sioned by Easman's & Hazen's Petition on file.
A message to the Board by Messrs Dennet & Jennis with
the following vote :
In the house of Representatives Ap'^ 30^'' 1729.
Voted That Capt. Joshua Peirce be the Recorder of Deeds
and Conveyances for the Province of New Hampshire for
one year from the date hereof and until the next sitting of
the Assembly after tlie year is up and that the said Recorder
enter upon the several deeds he records and coppys that he
gives out the price he takes for doing the same
James Jeffry Cler Assm
In Coun^ Eod die
Read and Concurr'd.
R. Waldron Cler Con.
Mr. McKeen prefer'd a Petition signed by y** Selectmen
of Derry praying relief ag^*^ the incroachments of Haverhil
People.
Capt Geo: Walker prefer'd a Petition Praying for an Act
to Dock an intail &c.
Read and sent down.
Adj. til tomorrow, 10 o'clock, a. m.
Madam Vatighan^s Letter to Gov't & Council.
[From MS. Corr. in Secretary's oflBce, vol. I, p. 59.]
May it please your Ex'' II and the Hon'hle Council —
As relating to the affaire betwixt my son and
Capt. Walker, I am bold to say that injustice to Capt Walker and out
of the respect which the family bears him, my son Wm. Vaughan my-
self nor any of the Family will oppose the Entail being taken of the
Pasture Lands att the Bank, reserving one thousand pounds worth to
the five youngest children, according to Col. Vaughan D'^ his will; and
if he'l be satisfied therewith the whole family will concur with him in
a Pet" to that end and myself will renounce my thirds and my children
their Reversionary Right which Providence has given them. By my
daughter I have sent a Pet" to your Ex" and the Ilon*^'" Council Bord,
which I would have sooner done but that I believe the Attorneys are
Engaged by the other side & Refused to act in the matter in my Favour.
Your Justice as I am a helpless woman I hope will shield me and my
distressed children from the designs of unreasonable people,
hi confidence of which I rest,
Your Ex" and the Hon'''"' Councill
most obedient Humble servant
Eliz* Vaughan
To his Ex" Will™ Burnet, Esq. Covernor & Commander in chief of the
Province of N. Hampshire and the Hon''^'*^ Council.
1729.] JOURNAL OF THE COUNCIL AND ASSEMBLY. 539
Prov: of N. Hamp'".
At a Gen' Assem. by Adj. Thursday, May V\ 1729,
Present
His Excellency William Burnet, Esq. Gov^
Sliad=^ Walton ) ^ Ricli'^ Wibird ")
Geo. Jaffrey \ ^^^^ Jo. Odiorne V Esqs.
H. Sherburne J
Tamesin Tibbets Petition, as on file read and dismissed.
[p. 5.] Martha Rawlins Petition read, & the Gen' Assem
Pray the Gov' to recommend her to the Charity of the Peo-
ple.
Eleas*" Wier Presented a Petition praying for an order to
revive an order of Gen^ Assembly pass*^ y"^ 25'^^ of April last
for a hearing on a Petition of Cap* Paul Wentworth & others.
A Message to his Excellency from the House by Messrs
Gerrish Sanburn and Stevens with an answer to his Excel-
lency's Speech w*^'^ his Excellency was pleased to take to
himself(i).
A Message to the Board by Messrs Peirce Walker Tibbets
and Winget w*'' a vote for settling a Salary of £200 stcr'''
on y® Gov'' for three years.
Adj^' Til To morrow, 10 o'clock A. m.
Pro : N Hamp^
At a Gen' Assem. held at Portsm" by Adj. Fryday May 2*^
1729.
Present
His Excellency William Burnet Esq Gov'
His Hon'' John Wentworth Esq Lt. Gov""
Shad=^ Walton ) -p Rich^' Wibird ) ^.
Geo : Jaffrey \ ^^^^' Joth Odiorn, \ ^'^^•
Henry Sherburne Esq.
A Message from his Exqellency to the House by the Clerk
as follows —
Gent^m
I find there was a fixed Salary settled on governor Dudley during his
continuance in this goverment and you may believe that I cannot think
his ]\Iajesty's Instructions comply'd with by an offer which expresses
less confidence in the Present Administration than has been already
shewn in a former one.
A message to the House by Messrs. Jaffrey and Wibird
Q) This Answer is not found on record. Ed.
540 PROVINCE OF NEW-HAMPSHIRE. [1729.
w**^ the vote of the House sent up yesterday concurrd w*^ an
Amendment.
The Committee appointed Ap"" 30*'' last to consider of y®
Petition of Eben'' Easman & Rich'^ Hazzen in regard to y®
difference al/ the Divisional line of y'^ two Provinces made
their Report y* nothing could be done in that affair as they
apprehended — as on file.
Adj'^ til to morrow 10 o'clock a. m.
[p. 6.] Pro : N. Hamp""
At a Gen' Assembly held at Portsm" by Adj* Saturday,
May B-^ 1729.
Present
His Excellency William Burnet Esq Gov''
Shad^ Walton ) ^ Rich'' Wibird ) ^
Geo : Jaffrey \ ^^^^- Joth Odiorne \ ^^^^'
Henry Sherburne Esq.
A message to the Board by Messrs. Winget & Stevens w"'
the appointm' of a Committee to receive the Records Papers
&c. & Deliver to Mr. Recorder Peirce.
Adj'' til Tuesday next at 10 o'clock a. m.
Pro : of N. Hamp'"
At a General Assembly held at Portsmouth by Adj* Tues-
day May G"' 1729.
Present
His Excellency William Burnet Esq Governor
His Hon'' John Wentworth Esq. L* Governor
Shad^ Walton ) Rich'' Wibird )
Geo : Jaffi'ey > Esqs. Joth Odiorne > Esqs.
Tho** Westbrook ) Hen : Sherburne )
The Rev'' Mr Hugh Adams presented a Petition(') pray-
ing for some remedy in regard to y*^ debasedness of y** paper
Currency &c.
The Committee appointed a Saturday last to deliver y®
Records to Mr Peirce did so & produced a rec* for y*^ Same
as on file.
Mr Geo Walton Preferr'd a Petition to the Board praying
for himself and the children and grand children of the late
(') This Petition not now to be found. Ed.
1729.] JOURNAL OF THE COUNCIL AND ASSEMBLY. 541
Gov"" Allen That the Conditions of a grant of land made
to them by the Gov"' and Council Anno 1722 may be dis-
pensed with so far [p. 7] as that the Petitioners have the
time of settlement lengthened out for y® space of ten years
next after the expiration of the term mentioned in the Grant
and that the Petitioners have liberty to take out a Patent
accordingly.
Upon the Petition of the Select-men of Perry Preferr'd
the 30"' April last. It is ordered that the affair be laid be-
fore the Goverm* of the Mass^ Bay with the desire of this
•Board that they will be pleased to take y*^ matter into con-
sideration and give direction for preventing any further im-
provm* on the controversial lands for the present. The
Copys of y*^ papers were D'^ y*^ Gov'' accordingly.
A ^Message to the House by the Clerk w'" an Instruction
about Private Acts passing.
Instruction ye 2^th
[Copied from Journal of the House, App., p. 599.]
The Governors Instructions sent into the house to be copied.
You are alsoe to take care that no Private act be passed in which
there is not a saving of the Right of us our heirs & Success"^ all Bodeys
Publick & Corporate, and of all other Persons Except such as are men-
tioned in the s*^ act and those claiming by from or under them:
And furtlier you shall take care that no such private act be passed
without a Clause suspending the Execution thereof, untill the same
shall have received our Koyall approbation: It is likewise our will and
pleasure, That you do not give your assent to any Private act untill
proof be made before you in Councill (and Entred in the Councill
Books) Tliat Publick notification was made of the Parties Intention to
apply for such act in the several parrish Churches where the jiremises
in Question lye for three Sundys at least successively before any such
shall be Bro't into the Assembly.
True copy of his ^Nlaj''*^^* Twenty-fourth Instruction to his Excellencie
Gov"" Burnet, dated at the Court of S' James '28"^ March 1728.
Examined by Ric'^ AValdron Cler Con.
A true Copie of the Instruction sent down pr Mr. Cler "Waldron
May the 7"'1729 : Examine pr Jas. Jeffry Cler Ass""
A Message to the Board hj Messrs. Winget & Jennis w^''
the following vote.
In the House of Representatives May 7*'' 1729.
Voted — That Capt Joshua Peirce and Mr. Eph^' Dennet
be a Committee of this House to joyn with a Committe of
the Upper house to account with and receive from the six
Trustees (for Exch^ the 5384X old Cypher'd bills) That yet
542 PEOYINCE OF NEW-HAMPSHIRE. [1729.
remains in their several hands changed or unchanged and
that they make return to the gen^ Assembly of their doings.
James Jeffry Cle"' Asse°^
In Coun Eod die.
Read and Concurred — and Messrs. Odiorne and Sherburne
appointed for the service above.
R. Waldron Cler Con.
Adj'' til tomorrow 10 o'clock a. m.
Pro. N. Hamp''.
At a Gen' Assembly held at Portsmouth by Adj* Thursday
May 8«» 1729.
Present
His Excellency William Burnet Esq Govern""
His Hon"" John "Wentworth Esq Lt. Governor
Shad^' Walton ^ Rich<^ Wibird ^
Geo. Jaffrey >Esqs Joth Odiorne VEsqs.
Tho^ Westbrook J Hen: Sherburne J
[p. 8.] A message from his Excellency by Mr. Jaffry to
recommend dispatch to the house.
Rich'^ Ward Prison-keeper presented a Petition Praying
for an additional allowance for Prisoners board read and
voted an addition of ISd per week and sent down.
A Message to the Board by Messrs. Thing and Sanburn
w^'^ a vote for non-concurring the amendment of the Board
sent down y*" 2*^ inst relating to the settlem* of a Sallary on
the Governor.
Adj'' til tomorrow 10 o'clock a. m.
Pro: N. Hamp"".
At a Gen' Assembly held at Portsm'^ by Adj* Fry day May
9«^ 1729.
Present
His Excellency William Burnet Esq Govern"^.
His Hon"" John Wentworth Esq Lt. Gov"".
Shad'-^ Walton ^ Rich'' Wibird "|
Geo: Jaffrey VEsqs. Joth Odiorne VEsqs
Tho^ W^estbrook J Henry Sherburne j
A message to the House by Messrs Jaffrey Westbrook and
Sherburne to recommend to them a reconsideration of the
Council's amendment of their vote for settling a salary on
his Excellency the Governor.
1729.] JOURNAL OF THE COUNCIL AND ASSEMBLY. 543
Ordered, That Mr. Adams Petition Presented and read
on Wednesday the 7"' curr* be dismissed.
A Message to the Board by Messrs Atkinson Dennit
Mathes and Stevens to pray liberty to retract their vote for
settling a Salary on the Governor for three years sent up y®
;[st curr*, who presented in the room thereof another for set-
tling the salary for three years or during his Excell''^''' con-
tinuing Governor as comprehended in y*^ Salary Act.
Ordered in both Houses That a Bill be prepared for col-
lecting the present years tax by the last years proportion
Adj'' til tomorrow 10 o'clock a. m.
Pro: N. Hamp^
At a General Assembly held at Portsm° by Adj* Saturday
May 10 1729.
1 rospiil"
The Gov\ The Lt. Gov^
Shad"^ Walton "^ Eich'» Wibird^
George Jaffrey )>Esqs John Frost (^) vEsqs.
Tho" Westbrook j Joth OdiorneJ
H. Sherburne, Esq.
[p. 9.] A message to the Board by Messrs Stevens & San-
born with the following votes and allowances viz :
A vote of the House Desiring the Gov' to forbid the Powd''
Receiver to receive any Powd' from the Coasting Sloops.
Vote for a Committee to draw y*^ Salary Bill :
In the House of Representatives May 9 1729,
Voted That there be paid out of the Publick Treasury the
sum of Eighteen pounds fifteen shillings for one year <fe
quarter, and nine pounds for the return of Jurors for the
same time which ends the last day of April 1729.
Jam^ Jeffry Cler Asscm.
In Couni May 10"^ 1729.
Read and concurred.
R Waldron Cler Con
Q) JoH>f Frost was son of Major Charles Frost, who Avas killed by
the Indians at Kittery, July 4, 1697. (See Farm. Belk. p. 14:3.) He
was born March 1, 1682. His wife was Mary, sister of Sir William
Pepperill. She married, successively. Rev. Benjamin Colman, d. d.,
of Boston, and Rev. Benjamin Prescott, of Danvers, Ms., and died in
1766. Councilor Frost had seventeen children. George, the eleventh
child and the sixth son, was a councilor three years in the time of the
Revolution, and a delegate to the old Congress. [Farm. Belk, App. p.
411-12.] Ed.
544 TROVINCE OF NEW-HAMPSHIRE. [1729.
In the House of Representatives May 9"^ 1729.
Voted That James Jeffry be paid out of the Puljlick
Treasury the sum of fifteen pounds for his service as Cler :
of y*^ Assem from 19 Nov. 1727 to y« 19 Nov^ 1728.
Jam* Jeffrey Cler Assem.
In Coun May 10*^ 1729.
Read and Concur'd.
R Waldron Cler Con.
A message to the Board by Messrs Walker and Capt
Mathes av^'' a vote for Postponing y*" outstanding part of y*^
£15000 w*^ some additions to it as it was sent up y^ 25
Curr' w'^'' the Council concur'd as on file — w'^^' is compre-
hended in the Act &c.
Adj'^ til Monday next 10 o'clock a. m.
Pro: N. Hamp''.
At a Cen' Assem held at Portsm° by adjornm* Monday
May 12^"^ 1729.
Present
His Excellency William Burnet Esq Gov"".
His Hon''. John Wentworth, Esq Lt Govern'.
Shad=* Walton ) John Frost J
Geo: Jaffrey > Esqs Joth Odiorne > Esqs
Rich^ Wibird ) Hen Sherburne J
The Select men of Rye prefer VI a Petition Praying for a
line between them & Hampton. Read & sent down. J
Abj*^ til tomorrow, 10 o'clock a. m. ■
[p. 10.] Prov N. Hamp"-.
At a General assembly held at Portsmouth by adjournm'
Tuesday May 13"> 1729.
Present
His Excellency William Burnet Esq Gov^
His Honor John Wentworth Esq Lt Gov^
Shad'^ Walton ) John Frost )
Geo: Jaffrey > Esqs Joth Odiorn > Esqs
R Wibird ) Hen Sherburne )
A message to the Board by Messrs Dennet & Jennes w**^
the auditors report as follows :
No. 1. Allowed John Robinson for -n-ork at Fort, £50 : 3:6
2. To Tho* Packer for fire and candles to be
deducted out of y* agreem' w*'' Packer £ 5 : 0:6
1729.] JOURNAL OF THE COUNCIL AND ASSEMBLY. 545
No. 3. To John Sherburne for work at y« Fort £ 2 : 7:0
4. To Jno. Trnndy for dieting Robinson & son £2:8:0
o. To Josh"' Wingat for entertainment in receiv-
ing the Governor £ 9:12:1
6. To Steph" Greeuleaf for tobacco for lud"^ £ 0:10:0
7. To Kenj" Akerniau as doorkeeper £10: 0:0
8. To Rich'i Perry for Iron at y'' Fort £17 : 13 :
9. To Jno Culberson fetching Timb-- & PLink £10 : 4:6
10. To Walf^ Warren for wor\ at y« Prison in 1727 £ 2; 0:0
11. To Ditto for ditto work 1728 £ 6 : 13 :0
12. To Sam' White for work at y<^ Prison 1728 £ 3:18:2
13. To Tho Ilamet for canvas for fort boat £ 1 : 7:0
14. To Clem* Hughes abatem' Excise for 1728 £ 6: 1:4
Natli' Weare R Wibird
Theo Atkinson H Sherburne
Bart'' Thing
111 tlic house of Representatives May 13 1729.
Voted — That tlie above report be accepted, and that the
several Persons be paid out of the Puldick Treasury the
several sums as carryd off.
Ja" Jeffry Cle"" ass"^
In Council Eod Die.
Read and concurr'd.
R Waldron Cler Con.
A Message to the House by Messrs Jaflfry Odiorne & Sher-
burne yv^^ a vote of Coun for an Agent.
[p. 11.] A Message to the Board by Mr Atkinson w^"" the
Salary bill pass'd to be Engross'd.
A Message to the Board by Messrs Wingat & Tibbets w*^'
a vote for Mr Dennet to collect the Interest of the 1700 ii w*^^'
was sent back for amendment.
Adj'' til tomorrow 10 o'clock a. m.
Pro : N Hamp''
At a general Assembly held at Portsmouth by adjourn-
ment Wednesday May 14 1729.
Present
His Excellency William Burnet Esq Gov'"
His Hon'' John Went worth Esq Lt Gov''
Shall^' Walton \ John Frost )
Geo. Jafifrey > Esqs Joth Odiorne > Esqs
Rich'' Wiljird ) H Sherburne )
Several Bills sent up by Messrs Atkinson Stevens & Sand-
burn pass'd to be Engross'd.
35
546 PROVINCE OF NEW-HAMPSHIRE. [1729.
His Excellency was pleased to declare in Councill that he
freely quited to the Lieut Gov' one third part of the Salary
to be settled on him by a revenue act to be paid half yearly
out of y*" Treasury and ordered that warrants be Issued out
accordingly for two thirds to himself and the remaining
third part to his Hon'' desiring the continuance of the s*^ act.
A Message to the House Ijy Col Walton & Capt Sherburne
^tu yo votes of y® house for fixing 2h per cent allowance to
y^ Trustees for Exchanging &c & appointing Mr Dennet
ColP of y*" llOOJj Interest both non-concurr'd.
A Message to the Board by Cap* Tibbits with a vote of the
House for adhering to their former vote of 2i per cent for
y" Trustees.
Mr Frost from the Committee reported a bill for re-emit-
ting y® 101 a £ now in the Treasury w'^^' was past to be En-
gross'd.
Adj*' til tomorrow, 10 o'clock a. m.
[p. 12.] Pro: of N. Hamp^
At a Gen^ Assfem held at Portsm" by Adj' Thursday May
15 1129.
Present
His Excellency William Burnet Esq Gov"".
His Hon' John Wentworth Esq. Lt Gov^
Shad^' Walton ^ Ricli^^ Wibird^
Geo: Jaffrey VEsqs. Juo Frost VEsqs.
Tho^ Westbrook j Joth OdiorneJ
A Message to the Board by Messrs Peirce Gerrish and
Stevens with the following vote.
In the House of Represent" May 15^^ 1729,
Voted That his Hon' the Lieut Gov' be paid out of the
Excise now due the sum of one hundred pounds as Com-
mander-in-chief from j\Iay 1728 to the time of the new set-
tlement in November last past
Jam Jeffrey Cler assem.
In Coun Eod die
Read and Concurred.
R Waldron Cler Con.
A message to the Board by Messrs Peirce Atkinson Den-
net and Sanburn whh the following allowances and votes
pass'' in both Houses :
1729.] JOURNAL OF THE COUNCIL AND ASSEMBLY. 547
To Rich'i AValdron for one year as Cler Con. endinif 25*^
April 1729, £75: 0:
To Hen. Sherburn Innhold'' for Pub. Expences, 3: 0:0
To Benj" Ilust for a year & half's bouse rent fire &c. end-
ing y'' 10"^ April last, £21: 6: 6 being deducted for Mr.
Packer for wood & candles, £17: 19: G
May 15 1729 allow'd. Jam Jeffry Clr Ass.
In Coun Eod die.
Concurred. R Waldron Cler Con.
Whereas the affair of the Boundary lines between this
and the Province of the Mass* and the Stores for his Majes-
tys Fort William and Mary that have been so long solicited
for are yet depending before the King in Council, and the
issuing thereof has in a great measure been prevented for
want of the agents being enabled to prosecute the same and
his Commission being now determined :
[p. 13.] Voted That his Excellency be desired to Com-
missionate Mr Henry Newman our former Agent for this
Province and that the sum of one hundred pounds sterling
be sent to said Newman to enable him to prosecute the above
affairs and any other matter that relates to this Province.
May 13: 1729. R Waldron Cler: Con.
In the House of Represen*^
May 15, 1729.
The above vote read and Concurr'd with this amendment
That instead of one hundred pounds sterling to be sent to
said Agent, that the money due to the Province in the hands
of Mr John Penhallow together with the interest due on the
several bonds given for the 1730 be appropriated for the use
aforesaid.
J. Jeffrey Cler Assem
Eod die In the House
Read and re-considered and voted that two hundred
pounds this currency or the value thereof sterling be sent to
our agent and the debt and interest above mentioned be ap-
propriated to that use, and that the Treasurer be directed
and impower'd to sue for the same.
Jam Jeffrey Cler assem.
In Coun Eod die.
Read and concurr'd.
R Waldron Cler Con.
In the House of Represen*^
May 15*'^ 1729.
Voted That Theod^^ Atkinson Esq and Mr Eph* Dennit
548 PROVINCE OF NEW-HAMPSHIRE. [1729.
be of the Committe from this House to jojn with a Com-
mitte of the Upper house to write Mr Agent Newman and
give him further Instructions about the lines and stores.
J Jeffrey Cler assem.
In Coun Eod die
Read and Concurred.
R Waldron Cler: Con.
In the House of Represent*
May 15^11 1729,
Voted, That Mr Theo : Atkinson be a Trustee from this
House to joyn with one to be [p. 14] appointed above to re-
ceive from the former Trustees the money that remains in
their hands with what is already received from them for Ex-
changing the old cypher'd bills, and that they be allowed
two and half per cent for what shall be exchang'd by them
til further order.
J Jeifry Cler Assem.
In Coun Eod die
Read and concurred R Waldron Cler Con.
In the House of Represen'-'^
May 15 1729,
Voted That Theodore Atkinson Esq and Mr. Joshua
Peirce be a Committee of this House to joyn with a Com-
mittee of the upper house to let out the Excise of this Pro-
yince for any term not exceeding three years to the highest
bidder, and that they take sufficient security payable every
year to the Treasurer.
J Jeffrey Cler assem.
In Coun Eod die
Read and concurr'd and Messrs Wibird & Sherburne are
appointed to joyn in the service above.
R. Waldron Cler Con.
In the House of Represen*^ May 15 1729.
Voted — That the five hundred pounds due from sundry
Inhabitants of the Town of Kingston which was let out at
three per cent per annum be received by the Grand Comitte
in three payments as per the late act is provided for those
that are indebted for the fifteen thousand pounds and that
instead of the 3 pr ct pr an each person pay ten per cent on
the whole sum each person received of the said mony, and
1729.] JOURNAL OP THE COUNCIL AND ASSEMBLY. 549
that the mony so received 1)e put into the Treasury from time
to time as it shall be received.
Jam Jeffry Cler Assem
In Conn Eod die
Read and concurr'd. R. Waldron Cler Con.
In the House of Represent^ May 15, 1729
Voted — That Nath' Weare and Theod"^*^ Atkinson Esqs and
Cap* Joslr'^ Peirce be of [p. 15] the Committe from this
house to joyn with a Committe of the upper House to meet
the Committe that may be appointed by the Province of the
Mass"^ Bay to run the west line from three miles to the north-
ward of the mouth of Merimack river & to run as far west
for the present as the town of Dunstable the west side the
river that runs down into Merimack.
Jam Jeffry Cler Assem
In Coun Eod die
Read and Concurr'd and Messrs. Walton & Jaffrey ap-
pointed to joyn with the gentlemen above for the service
above. R Waldron Cler Con
In the House of Represent* May 15*^' 1729.
Voted — That the Treasurer shall receive the present year's
tax from the several Constables in this Province in any Pass-
able bills of Credit of any other Province as Avell as the bills
of this Province.
Jam : Jeffry Cler Assem
In Coun Eod die
Read and Concurred.
R. Waldron Cler Con
In the House of Represent* May 15 1729.
Voted — That his Excellency be desired to direct the
King's Attorney to put the bonds given for payment of the
Excise in suit in case the ballance due thereon be not paid
in a months time from the rising of the Present Assembly.
Jam Jeffry Cler Assem
In Coun Eod die
Read and Concurred. R. Waldron Cler Con
Mr. Treasurer Jaffrey's Gen^ Acct Currant was this day
settled w"' the Gen" Assembly & the ballance due to the said
Treasurer thereby is £2-dl : 13 : 9
as at large on file.
His Excellency was pleased to communicate his 30"' In-
550 PROVINCE OF NEW-HAMPSHIRE. [1729.
structioii to the Board, relating to appeals to y° Gov"^ & Coun-
cil -w'^^ was ordered to be filed.
[p. 16.] Cap^ Penhallow preferr'' a Petition praying for an
allowance out of the Treasury w'^'' was read & sent down and
return'd w*'^ a vote to be dismissed and Cap^ Walton and Mr.
Atkinson are desired to acquaint ]\Ir. Penhallow with the
reasons thereof.
Shad Rogers presents a petition praying for an allowance
for CoP Dudley's expences &c Ordered to lye for consid-
eration til y^ next session.
A message to the House by the Cler to require their
attend'"* at the Council Board the Speaker and House came up
accordingly and the several Bills whose Titles are hereafter
mentioned having had their several readings in botli Houses
and being pass'd to be Enacted were sign'd & sealed in Pres-
ence of the Gen' Assembly — namely
l'^'. An act for settling a Salary of two Imndred pounds sterls or six
hundred pounds Province Bills pr annum on his Excellency William
Burnet Esq Governor & Comaud"^ in Chief in and over the Province
aforesaid to and for the support of the same
2'^. An act In addition to an act entituled an Act for the making and
emitting the Sum of fifteen thousand pounds in bills of credit &c and
for the postponing the paym'* therein mentioned.
3'''^. An act for Postponing tlie payment of one tliousand & seventy
six pounds & sixteen shillings.
4"^. An act in addition to an act made and passed for the better se-
curing the Payment of Prison charges.
5"^. An act for Establishing the Proportion of the several Towns to
be paid in the Province Tax lor the year 1729.
Then his Excellency was pleased to Prorogue the Gen'
assembly and accordingly they were Prorogued til the sec-
ond Thursday of Octob'' next
Further Prorogued by Proclamation til Tuesday Xovemb''
25"' 1729.
[p. 17.] Pro of N. ^amp^
At a general assembly held at Portsmouth bv Prorogation
Nov' 25''' 1729.
Present
His Honor John Wentworth Esq'' Lt Gov^
Shad^ Walton "l
Geo Jatfrcy > Esqs
Joth Odiorne j
Prorogued til the 9 of Dec"" next
1729.] JOURNAL OF THE COUNCIL AND ASSEMBLY. 551
Pro of N. Hamp''.
At a gen' Assembly held at Portsmouth by Prorogation
Tuesday Dec' 9*'^ 1729.
Present
His Hon' John Wentworth Esq Lt Gov'.
Shad^ Walton ) ^ Rich'^ Wibird ) -^
GeoJatfrey \^''^^ Joth Odiorn J ^^^'
H. Sherburne Esq.
A message to the House by the Clerk to require their at-
tend'^ at the Council Board ; they came accordingly to whom
his Hon' was pleased to make a speech w'^'' was deliver'd to
the Speaker and not return'd (^). Adj*^* til to-morrow 9
o'clock A. M.
Pro of N. Hamp"".
At a gen' assem held at Portsm° by Adj* "Wednesday Dec.
lO^"^ 1729.
Present
His Hon' John Wentworth Esq Lt Gov'
Shad^ Walton ) ^^ ^ Ric^ Wibird ) ^^ ^
Geo Jaffrey \ ^ Joth Odiorne ) '^'
H Sherburne Esq.
Mr Jos : Jones preferr'd a Petition to the Board directed
to the Gen' assembly, praying that he and sundry otliers
might not be sett off to Cochecho Parish read and sent down.
A Message to the Board by Cap* Winget and Mr Goffe w*'*
the Report of the Committee for dividing the town of Dover
into three Parishes, together w*'' the Petition of Jos : Jones
sent down in the morning both w'^'^ were returned to be
further consider'd of in the House.
[p. 18.] A message to the House by the Cler : Con. to re-
quire their attend'^ at the Council Board upon a Conferrence
relating to the Report of the committee for dividing Dover
<fec. they attended accordingly and the matter being fully
discoursed they withdrew, and then the Clerk was sent down
w**" a vote for granting leave to the Petitioners of the North-
east part of Dover to bring in a Bill for incorporating them
into a Parish.
Adj*^ til to morrow 10 o'clock a. m.
Q) " Not return'd " — The Journal of the house says, " Mr Speaker
ob' [obtained] a Coppy & Returned." The Speech not now to be
found. — Ed.
552 PROVINCE OP NEW-HAMPSHIRE. [1729.
Pro of N. Ilamiy
At a Gen' Assembly held at Portsm" by adjournm^ Dec
IP' 1729.
Present
His Hon'' John Wentworth Esq Lt Gov^
Shad=» Walton I ^^ ^ Ric^' Wibird ) -^^ ^
Geo Jaffrey \ ^' Joth Odiorne ] ^
Hen Sherburne Esq.
A message to the Board by Messrs Atkinson and Gerrish
w"' an answer to the Lt Gov" Speech also the following vote.
In the House of Represent^ Dec 11 1729.
Voted — That there l)e a committee of this House to joyn
with a committee of the upper house to tell over the several
Parcells of money now in the Treasury, to be burnt or re-
peated, and make their return to the Gen' assembly, and that
Theo Atkinson Esq and Mr Eph^ Dennet be the Committee
from this House for that end.
Jam Jeffry Cler assem.
In Coun Eod die.
Read and concurred and Rich Wibird and Jotham Odiorne
Esqrs appointed for the service above.
R Waldron Cler Con.
Adj'' til to morrow 10 o'clock a. m.
Pro: of N. Hamp''.
At a Gen' Assembly held at Portsm'^ by adj* Fryday Dec.
12 1729.
Present
His Honor .John Wentworth Esq Lt Gov*".
Shad'-^ Walton ) ^_, ^ Rich" Wibird \ ^
Geo: Jaffrey ) *^ Joth Odiorne \ ' ^
H Sherburne Esq.
[p. 19.] A message to the Board by Mr. Sanburn w"' a vote
for preparing a bill for next years Province rate to be paid
by the present years proportion w°" was concurr'd.
Eben'" Tuttle preferrd a Petition for docking an intail w'^''
was read and also Mad™ Rogers Petition w'"' has lain under
consideration since last session and both sent down l)y the
Clerk.
Capt Paul Wentworth by the leave of the Court presented
a bill for Erecting A Parish in y'' N East part of Dover Read
past and sent down by the Clerk.
1729.] JOURNAL OF THE COUNXIL AND ASSEMBLY. 5o3
A message to the Board by Messrs Sanburn & Jeiniis with
a vote of the House for re-emitting upon loan the bills now
to be burnt.
By the same message Eben"" Tuttles Petition (sent down
in the morn) voted to be dismissed.
Adj'^ til tomorrow 10 o'clock a. m.
Pro: of N. Hamp^
At a General assembly held at Portsm°. by Adj' Sathur-
day Dec 13^'' 1729.
Present
His Hon"" John Wentworth Esq Lt. Gov''.
Shad^' Walton | ^^^ ^ Kidt' Wibird ) ^^ ^
Geo: Jaffrey \ ^ ^' Joth Odiorne ) ^
A message to the House by Geo: Jaffrey and Joth Odiorne
Esqs with the vote of the House sent up yesterday for re-
emitting some bills at loan non-concurred and to propose y'^
re-emission of a 1000£ for a Stat house.
A Message to y'' Board w"' Rye Petition & vote y'''^on.
xidj'^ til Monday next 1 o'clock p. m.
Pro: of N. Hamp^
At a General Assembly held at Portsm° by adj^ Monday
Dec 15: 1729.
Present
His Hon"- John Wentworth Esq Lt Gov"-.
Geo: Jaffrey Esq & Joth Odiorne, Esq.
Adj'' til tomorrow, 10 o'clock, a. m.
[p. 20.] Pro: of N. Hamp^ •
At a Gen^ assembly held at Portsm" by Adj* Tuesday
Dec^ 16 1729.
Present
His Hon"^ John AVentworth Esq Lt Gov''.
Shad=* Walton J John Frost J
Geo: Jaffrey > Esqs. Joth Odiorne > Esqs.
Rich'^ Wibird ) H Sherburne )
A message to the House by Mr Odiorne with the Rye Pe-
tition & vote thereon to be reconsidered and amended.
A message to the Board by Messrs Goffe & Sanburne with
the following allowances Pass'd in both Houses.
£ 9:
5:
£32:
13:
6
£ 3:
0:
554 PROVINCE OF NEW-HAMPSHIRE. [1729.
To Theo. Atkinson Esq fetching Gov. Burnet's Commis-
sion from Boston
To John Robinson for Timb'' & work at.the Fort
To Thos Harvey for Publick Expences
To Jam^ Jeflrry for a years service as Cle"" Assem ending
19*Nov^ 1729 £15: 0:
By the same message a vote for allowing Benj* Rust for
lialfe a years house rent w*^'' was sent back by the Clerk with
orders to acquaint the House when the year shall expire the
Board will consider of the allowance.
A message to the Board by Messrs. Deniiit and Stevens
w"' Rye Petition and vote thereon likewise an allowance to
Rich'^ Perry & tlie Bill for erecting a new Parish in the
N East part of Dover.
Capt. Paul Gerrish Preferred a Petition to the Gen' assem
signed by near three-score of y*^ Principal men in Dover
praying an order to rectify some abuses suffer'd by Dover
Tovv'n books of Records by the fault of the late Town Clerk
as they apprehend which Petition obtained the following
order.
In the House of Represent® Dec. 16, 1729.
On the Petition of Capt Paul Gerrish and others,
Voted That the Clerk of the said town of Dover for the
time being be hereby prohibited entering any old Comittee
Grants tliat are suspected not to be legally obtained and to
enter only such grants as have been or may be allowed by
said Town or [p. 21] the Selectmen thereof until the next
sitting of the General Assembly and that there be a Com-
mittee chosen by the General assembly to go to the Town
Clerk for the time being who is hereby required to show
unto such Committee such entrys matters and things as he
or any of the said Town suppose to be done by ill practice,
and the said Committee shall by virtue hereof summon be-
fore them all such persons that can give any light in Explain-
ing any matters or things which they may see occasion to
examine into for discovering the truth and detecting such
vile practices and to give such Person or Persons their oaths
and to make return of tlicir doings therein to the Gen' as-
sembly next session, and that Nath' Weare Esq and Theo
Atkinson Esq. be a Committee of this house to Joyn such as
shall be appointed above for that end and that the Petitioners
pay the charges.
Jam Jeffrcv Cler Assem.
1729.] JOURNAL OF THE COUNCIL AND ASSEMBLY. 55o
InComiDeclS, 1729.
Read and Concurr'd and Joth Odiorn & Heniy Sherburne
Esq' appointed for the service above.
It Waldron Cler Con.
Adj"" 'til to morrow 9 o'clock, a. m.
Prov : of N Hamp'
At a Gen' Assembly held at Portsmouth by adj' WedneS'
day Dec 17, 1729.
Present
His Hon"' John Wentworth Esq Lt. Gov""
Geo : Jaffrey \ ^ Joth Odiorne
H Sherburne Esq.
A message to the Board by Messrs Peirce and Walker w*''
the following allowances and vote Pass'd both Houses.
To Tho" Packer for finding wood for the Judges of Sup""
&Inf^ Court £1:0:0
To Rich'^ Waldron for Extra service in preparing 2 sets
of Commissions one in Gov. Burnet's, y*^ other in Lt.
Gov' Went« name £3-1 : 18 :
[p. 22.] Whereas the Act of this Government for the set-
tling a Salary upon Governor Burnet is by his death expired(^)
and the Act for laying an Excise upon liquors having some
reference to said Act for settling a salary w"^ may cause
some disputes whether the said Act is not also Expired : &c
Therefore
In the House of Represent^
Voted — That it was the intent and meaning of the Legis-
lature that the said Excise Act so far as related to the Ex-
cise should be in force until three years from the Publication
thereof.
Dec. 17 : 1729. Jam« : Jeffrey Cler Assem.
And that the mony collected by Virtue of the s* Act shall
be from time to time applyed for the paying the allowances
made by the general Court.
Dec 17 1729. Jam' Jeffrey Cler Assem
(I) Gov. Burnet's death, which occurred Sept. 7, 1720. was occa-
sioned, it was said, by oversetting his carriage upon the causeway at
Cambridge, Ms., when the tide was high. A violent cold and fever
ensued. An interesting sketch of his life and character is found in
Allen's Am. Biog. Die. Ed.
556 PKOVINCE OF NEW-HAMPSHIRE. [1729.
In Coun Eod die
Read and Concnrr'd. R. Waldron Cler Con.
In Coun Dec^ 17 : 1729.
Ordered That whereas in the Charter of Gihnanton, It
is express'd that the bounds of s*^ Town shall run from the
head of Barnstead norwest two miles then west to Winni-
pishoky pond, which last point of West should have been
Express'd North to the pond the same being so intended by
the grantors and is hereby so Explain'd and declared.
R Waldron Cler Con.
A message to the Board by Messrs. Dennet, Sanburn and
Stevens, w"^ the following allowances pass'd in both houses,
and votes.
To Solomon Cotton for Publick Expenses £0 : 15 :
To H. Sherburn Esq for Canvas for Fort boat 2:12:6
To Eph'' Dennet for gathering interest mony, 3 : 0:0
By Mr. Dennet and Mr. Sanburne a vote of the House for
raising 2h per cent Interest on y® 1730X to 6 pr. Cent.
A message to the Board hy Mr. Jennes w'^ the Petition of
y° Selectmen of Rye & votes thereon w*^^ was sent up y® IS*"^
return'd y" 16"' Instant for reconsideration as on file.
Adj'' til tomorrow 10 o'clock, a. m.
[p. 23.] Pro : of N. Hamp-^
At a General Assembly held at Portsmouth by Aclj' Thurs-
day Dcc^ 18"' 1729.
Present
His Hon'' John Wentworth Esq. Lt Governor.
GeoJaffrey ) Jno. Frost ^
Shad Walton V Esqs. Joth Odiorne > Esqs
Rich'' Wibird ) H Sherburne )
A message to the board by Mr Peirce w'^ a vote of allow-
ance to Rich'' Perry for Smith's work at the fort pass'd both
houses for the sum of £6 : — : 8
By the same Messaixe a Bill for reviveing the Trespass
Act.
A message to the House by Messrs. Jaffrey and Odiorne
w"' the vote sent up yesterday for advancing y® 2| to 6 pr
Cent to be reconsidered, which was immediately bro't back
again but is not concnrr'd
Adj'' til tomorrow 10 o'clock A. M.
1729.] JOURNAL OF THE COUNCIL AND ASSEMBLY. 557
Pro : of N. Hamp''
At a Geii' Assembly held at Portsmouth by Adj'^ Fryday
Dec-- 19, 1720.
Present
His Hon"' John Wentworth Esq Lt Gov''
Shad-'Walton ) -p Rich-' Wibird 1 -^
Geo : Jatfrey / ^'*1' Joth Odiorne / ^'^'•
II Sherburne Esq.
Mr. Eben'' Stevens Preferr'd to the Board praying in be-
half of the Proprietors of Kingston for a confirmation and
Explanation of their Town Bounds which was read and
ordcr'd to lye for consideration til y'' Petitioner lay a Plat of
y® Township before the Board.
A message to the Board by Messrs Walker & Stevens
with tlie following votes & allowances pass'd both Houses.
To Eleaz"" Russell for Paper books, <fcc. for the Publick
£9:6:2. .
A vote for re-emitting seven hundred pounds etc. as com-
prehended in the -Act.
[p. 21.] A message to the House by the clerk to require
their attend-'^ at the Council Board the Speaker and House
came up accordingly and the several Bills whose titles are
hereafter mentioned having had their several readings in
both Houses & been pass'd the same were signed and sealed
in the Presence of the general assemljly : viz.
1*'. An act for reviving and further continuing an act made and past
the 12 day of December 1724, entituled an act in addition to an act
made in the 13 year of the reign of King William the Third Entituled
an Act against Trespasses in Town Commons and an Act made in y*
sixth year of Queen Ann Entituled an Act to prevent Trespasses.
2'^. An act for Establishing the Proportion of the several Towns to
be paid into the Treasury in the Province tax for the year 17'^>0.
3'^ An act for Postponing the payment of seven hundred Pounds.
4"^. An Act for setting of the Northeast end of the Town of Dover,
and Erecting a Parish by the name of Summersworth.
Then His Hon'' was pleased to Prorogue the General
Assembly and accordingly they were
Prorogued.
To the last Tuesday in May next.
558 PROVINCE OF NEW-HAMPSHIRE. [1730.
[p. 25.] Pro : of N. Ilamp"^
At a Gen' Assembly especially Convened (upon Expecta-
tion of the arrival of Gov' Belcher) April 23*^ 1730.
Present,
His Hon' John Wentworth Esq Lt. Gov'
Henry Sherburne Esq.
His Hon' the Lieut Gov' made a Speech to the House of
Eepresentatives who being sent for attended at the Board,
the suljstance of which was a recommend^ of making suita-
ble provision for the Gov'* reception and entertainment. It
was deliver' d the speaker & not return' d.
A message to the Board w*^ the following vote.
In the House of Represen*^ April 23*1 1730.
It is the advice of the House, That the Expcnces of his
Honor the Lieut Gov' and the two gentlemen of the Council
that intend to wait on his Excellency after his arrival at
Boston that their Expences be paid out of the Publick Treas-
ury and also that the Expences of the General Assem and
Council that shall wait upon his Excellency at his arrival
into this Province as far as at the line be paid out of the
Publick Treasury and that Theo. Atkinson, Esq', and Mr.
Eph* Dennet be of the Committe from this House to Pro-
vide for the Entertainment ol his Excellency at his arrival
here, and to do it after they hear of his arrival at Boston
and that the Treasurer supply them with momy.
Jam Jeffry Cler Assm.
In Coun Eod die
Read and Concurred. R. Waldron Cler Con.
Prorogued Til 25*'' August next.
ADMINISTRATION
GOVERNOR JONATHAN BELCHER.
Journal of the House from 25 August^ 1730,
to October W, 1737.
NOTE BY THE EDITOR.
Tlie Records which relate to the Administration of Governor Jona-
than Belcher are contained in the "Journal of the Council and
Assembly," in the Secretary's office, from August 25*, 1730, to March
18, 1711; also in the "Journal of the House" from August 25*, 1730,
to February 25*, 1740. It will be noted that after the first year of
Gov. Belcher's administration, the records of the Council and Assem-
bly are comparatively scanty and imjjerfect, while on the other hand
the records of the House of Representatives are full and comiilete.
The reason of this seems to be that so long as the controversy was
pending respecting the Boundary Lines between the Provinces of New-
Hampshire and Massachusetts, the House was obliged to take the lead
in all active measures in relation to that end. The Governor and
Council, though professedly desirous of settling the boundaries, yet did
not often concur in the measures proposed.bythe House: consequently
the latter body was obliged to act in many cases independently, and at
last gained their object, only by appeal to his Majesty in Council. In
presenting therefore the Records of this period, 1730-1741, the Editor
has thought best first to print the '■'■Journal of the House " entire, with
the Governor's Speeches and the Answers thereto; and to annex the
^^ Journal of the Council and Assembly,'^ containing all matters 7iot in-
cluded in the Journal of the House. By adopting this method, we
avoid repeating in print the matter which is common to both Journals.
The Editor would also note that in the bound MS. volume contain-
ing the "Journal of the House, 1724-1743," there is a duplicate record
of the proceedings of the House during a portion of Gov. Belcher's
administration: the first extends from p. 175 to p. 304: the second from
560
PROVINCE OF NEW-HAMPSHIRE.
ri730.
p. 305 to p. 528. The latter is a copy mostly in the hand writing of
the late John Farmer, Esq., who was employed to collect, arrange and
copy the original records and files in the Secretary's office. In com-
mencing a copy of the Journal of the House, in Gov. Belcher's time,
1737, Mr. Farmer says, in a note, " A portion of the following Records
is contained in the last 129 pages [i. e. of the MS. vol.], but it will be
perceived that many things are omitted in the preceding pages from 25
Aug. 1730, particularly the Messages and Speeches of Gov: Belcher,
and the Answers of the House to them, which will be found in the fol-
lowing new transcript — faithfully copied from a Record of large folio
size, of 110 pages in sheets unbound." The Editor has followed the
transcript made by Mr. Farmer.
[p. 307.] Anno Regni Regis Gcorgii Secundi, Magnce Bri-
tannia?, Francice. et Hebcrnise d(3 Quarto.
A Journal of the House of Representatives ol his Majes-
tie's Province of New Hampshire in New England, began
and held at Portsmouth, in the Province aforesaid, August
the 25*'^ Anno Dom. 1730.
Tuesday August the 25^'' 1730. The House met accord-
ing to Prorogation by Proclamation of the Hon''''' John Went-
w^orth, Esq. Liv* Governor and Commander in chief in and
over said Province.
The persons that represented the several Towns in Gen''
Assembly are as follows, viz.
For Stretham
Portsmouth
Dover
Hampton
Exeter
New Castle
Rye
Kingstown
Newington
Londonderry
Andrew "Wiggin, Esq. Speaker
( Joshua Pierce, Esq
< Capt. George Walker
( Mr. Ephraim Dennet
( Paul Gerrish, Esq.
} Capt. Samuel Tiljbets
( Capt. Francis Mathews
S Nathaniel Weare, Esq.
Capt. Joshua Wingate,
Mr. John Sanborn
\ Samuel Thiug, Esq.
I j\Ir. Bartholomew Thing
Tlieodore Atkinson, Esq.
Capt. Richard Jennes
Capt. Ebenezer Stephens
John Downing, Esq.
Mr. John Gotf.
1730.] JOURNAL OF THE HOUSE. 561
V
His Excellency, Jonathan Belcher,(') Esq. came into the
Province tlie same day, and in the Council Chamber opened
& [p. o08.] Proclaimed his Comiss" as Gov"" & Comander in
Chief in and over his Maj^'*^* said Province of Xew Plamp-
shire, and then adjonrned the Assembly to the 26*'' curr*.
Wednesday August 26'" A. D. 1730.
His Excell'' came to the Council Chamber.
A Mess"" from his ExcelP' pr the Clerk of the Council (-)
viz. Tliat his Excell^' required the attendance of Mr. Speaker
Q) Gov. Jonathan Bclclier was the son of the Hon. Andrew Belcher,
one of his Majesty's council in the province of Massachusetts; born
Januaiy, 1681, and inherited a large paternal estate. He was educated
at Harvard College, where he was graduated in 1699. Not long after,
he visited Europe, where he spent six years, and was treated with dis-
tinguished notice. He was twice at the Court of Hanover, Germ., be-
fore the Protestant succession took place in the family of Brunswick,
and received from the princess Sophia a gold medal. He was graceful
in his person, elegant in his manners, and aspiring in his disposition.
On the death of Governor Burnet, he succeeded to the Government of
Massachusetts and New-Hampshire in 1730. In that eminent station
he was indulged the e.xercise of that power to which he had aspired.
" The council never enjoyed less freedom than in his time. He pro-
posed matters for their sanction, ratlier than advice, rarely failing of a
majority to approve of his sentiments." The records which follow
will show that Gov. Belcher was not only arbitrary in many of his pro-
ceedings, but partial to Massachusetts, and unfriendly to New Hamp-
shire interests: v.-hile his professions were fair, his intentions and acts
were often one-sided and unjust. The opposition he met with from a
part of tlie council and from a majority of the Representatives in the
House was, for the most part, well founded. His conduct in relation
to the settlement of the boundary lines between the Provinces, was the
chief cause of the troubles that rendered his administration unhappy,
and that led to his removal from office. His private correspondence
with Secretary Waldron — specimens of which are given in this volume
^must be regarded as discreditable to him. After his dismission from
office he resided for some time in Milton, M=i., but visited England
and so far gained the royal favor that in 1747 he was appointed
Governor of New-Jersey. There he spent the remainder of his life in
tranquillity and honor. He died at Elizabethtown, N. J., Aug. 31,
17.37, aged 70 years.. His remains were brought to Cambridge, Ms.
and entombed. Ed. [See Allen's Biog. Die. & Holmes' Ann. vol. H.
p. 78.]
(-) Present in Council
His Excellency Jonathan Belcher, Esq. Gov''.
His Hon'' John Wentworth. Esq. Lt. Gov^
Sh'.\d'' Walton ) Jno. Frost )
Geo. Jaff'ry - Esqs Joth Odiorn > Esqs.
Richard Wibird ) H. Sherburne)
38
562 PROVINCE OF NEW-HAMPSHIRE. [1730.
& the House in tlic Conncil Chamber. Mr. Speaker and the
Honse went up accordingly. His Excellency made a speech.
Mr. Speaker ol)tained a coppy thereof. The clerk of the
council also gave Mr. Speaker a copy of his Excellencies
32 & 77*'' Instruction (refer'd to in the Speech) Then Mr.
Speaker & the House returned
Both the said Instructions read in the House.
Post Meridiem.
His Excellencys Speech read as follows, viz.
Gentlemen of the Council and House of Represents: I ai« in the
first place to give thanks to Almighty God for my safe retumi to my
Native Country, after a long absence & escapeing the common hazards
of the Seas.
And in the next place, it is with a great deal of satisfaction that I
now meet you in general assembly (I doubt not) to concert those ways
and means which may most of all advance his Majesty's service & hon-
our, and the weal and prosperity of yo'' country. It is the present
happj'ness of every Englishman to live under the reign of the best of
Kings, who makes the laws the rule of his Govei'ment ; and the pro-
tection of the libertys of his People, liis delight : These things ravish
from ail his subjects the affection so justly due to a tender father, and
which he esteems the greatest support of his power. Altho it is our
lot to be placed at such a distance from the immediate benign influ-
ences of his Majesty's care, yet his great mind and perspicuous
wisdom is continually extended and employ'd for the [p. 309]
happyness of his remotest Dominions, and when I have said this I am
sure I need not fill my mouth w'^^ arguments to pursuade you to all
the duty, loyalty, obedience and gratitude due to so gracious a sove-
reign.
I have it in command from the King my Masf to communicate to
you His 32*1 Instruction to me, whereby he expects you [to] settle a
Sallary on me and my successors, or at least on me during the whole
time of my Government : an authentic copy of this Instruction, shall
be delivered you by the Clerk of y<^ Council, and as you have already
distinguish'd yo''sclves by your loyalty and obedience to the King on
this head, It leaves me no room to doubt of your wisdom and care stil
to secure a stronger interest in the King's favour, by a chearful com-
plyance w"^ what in his royal wisdom he thinks so just and reasonable.
1 am also commanded by his Majesty nol only to take care that there
be a strict execution of all the Laws now in force in this Province ag^'
vice and immorality, but that I commend to your consideration the
enacting what others may be necessary, for promoting and encouraging
Virtue, & true religion; and as nothing can be a firmer basis for y"
happyness of a people, I hope this will always lye near our hearts.
Gent.
I need not tell you this Province is in a fine situation for trade, where
nature has done her part in commodious rivers and a good soil. It
should then be your care to reap the benefits of these Blessings from
God Almighty, by your greatest industry & prudence in your bus-
1730.] JOURNAL OF THE HOUSE. 563
bandry, fishery and forreign Trade, and you may be always sure of my
countenance and encouragement for these good ends. To see your
trade revive and flourish under my administration, will give me a pe-
culiar pleasure.
The unhappy dispute so long subsisting betwixt this Province and
the Mass'' with respect to the dividing line betwixt you, has produced
from his Majesty (who has the most tend"^ regard for all his subjects)
an Instruction to me so wisely projected, that being put in Execution
will terminate the difference [p. 310] and give the opj^ortunity of Es-
tablishing quiet & good neighborhood between the two Provinces for
the future, and this Instruction shall be laid before you.
Gent. I am sorry to have the occasion to inform you that since my
arrival from Great Britain, the Surveyor General of his Majesty's
"Woods, has made large complaints to me of the difficultys he meets
with in tl)e Province in the execution of his duty according to the
King's Instructions. I am commanded by the King to take effectual
care that the several Acts of Parliament, relating to the Royal woods,
be strictly observed, and to aid and assist his Maj'>'^ surveyor by myself
and all officers under me, to prevent as much as possible the destruc-
tion of the King's woods; & that all offenders therein may be bro't to
condign Punishm' I therefore intirely depend on your readyness to
discounteuau'ie every thing that may have a tendency to j^rcyudice his
Majesty's service & interest, in an affair of whicli he is so tender, and
is of such importance to his Royal ]^avy. And I do assure you the
enacting such laws as may be further necessary for the better security
and preservation of the nursery of Royal masts, will be taken as an
instance of your res])ect & duty to the King.
It is with much satisfaction that I tell you, his Majesty by his un-
parall'd steadiness and consummate wisdom, has obtain'd a peace w"^
Spain, to the honour of his Crown and advantage of his subjects, the
happy influence whereof you will feel from time to time in this Prov-
ince, yet it must not lull us into such a security as may betray tlie
King's honour and hazard our own safety, by neglecting our fortifica-
tions; but the}" ought to be put into the best order to jirevent any
surprise, if an unexpected change should happen in the affairs of Europe.
I am glad to see the good agreement and amity subsisting with the
several tribes of Indians on our Frontiers, and you may depend, from
the great honour and duty I owe to my royal master, and the affection
I bear to my native Country, nothing will be more my care than to
fall into every reasonable way of cementing [p. 311] our reciprocal
friendship; and I hope you'l heartily joyn with me in warding off any
thing that may border upon unkinduess or give disquiet to those jeal-
ous People.
Gent, of the House of Represents.
As it is more immediately your Province to look into the state of the
Publick revenue, I shall order all the accounts, from the last time you
had them, to be laid before you, with Proper Estimates of what may be
the growing charge of the current year, that you may grant the ne-
cessary supply's in support of the honour & dignity of "his Majesty's
Goverm' & of the Ease and welfare of his Pcojile.
Gent, of the Council and
House of Represents.
If my long absence and the little acquaintance I have at present
564 PROVINCE OF NEW-HAMPSHIRE. [1730.
■with the caffairs of this Province, has prevented my mentioning any-
thing you stil judge for his Majesty's service and the good of his people,
1 sliall be full of attention to any suggestions you may have to make
of that nature; and I have now only to recomend to you a Perfect
unanimity in all your proceedings, which will be for the Honour of the
King's Governm' and for the lasting peace and tranquillity of his good
subjects. J. Belciiek.
82d Instruction.
[From Journal of the House, App., p. 002.]
"Whereas the Councill and Assembly of our Province of New Hamp-
shire, Uid in obedience to our thirtieth Instruction to Mr. Burnet our
late Governor thereof settle a Salary of two hundred pounds sterling
upon him during his Government; It is our Will and pleasure. That
you recomend it to our said Councill and Assembly to settle the same
iSallary on you & your successors, or at least on you, During the whole
time of your Goverment.
The above is a True Copy of his Maj'^'^ 32'^ Instruction
to his Excellencie Governor Belcher, transcribed from
the Body of Instructions.
Rec<i Aug. 2G"', 1730. Pr. R'l Waldron, Cler. Con.
Ill the House of Representatives
Voted, That Nathaniel Weare, Joshua Pierce & Theodore
Atkinson Esqrs. be a Comittee of this House to draw an
answer to his Excell* Speech and present it to the House for
approbation. Tlicn the House adjourned to the 27^'' a. m.
August 27^" A. D. 1730.
A Petition of the Inhabitants of Londonderry bro't in
and read.
p. M. The answer to his ExcelP Speech hnyi in and
read & ordered to be drawn out faire. Then the house ad-
journed to the 28"' A. M.
August 28. A. Dom. 1730, The House met The answer
to his Exceir^'' Speech read, voted, accepted & sent up. The
answer of the House of Representatives of the Province of
New Hampshire to his ExcelP* Speech.
[p. 312.] May it please your Excellency:
We sincerely joyn in giving thanks to Almighty God for your
preservation from the common hazards and safe return, in particular
that we have the happiness to meet you as our Gov"", and we assure
your Excell. that we are met at this time with Hearts fully inclined to
1730.] JOURNAL OF THE HOUSE. 565
do all things that in us lies that may be for the Hon'' and service of the
Iving and good of his subjects ; and we are well assured that we live
under the reign of the best of Kings; it raised our affections to the
highest degree, & we hope, as we ever have, so we shall continue to
mannifest it by our Loyalty and obedience.
And having so gracious a sovereign, who in his wisdom is continual-
ly taking care of us his subjects, tho' in tliese remote Parts of his Do-
minions, still move as we have opportunity to shew our Loyalty and
obedience by doing our duty in all things we are able. AVe received a
coppy of your Kxcell'^'' 32"'^ Instruction, and as we ever exerted our-
selves to the utmost of our abilities and often beyond, what has been
tho' Uon^''^ for other governments in order to afford an Hon'''" support
to his Maj''*"* goverm' so hope we still shall distinguish ourselves in our
Loyalty and obedience to all his Maj"*^^ comands. As to the settlem'
of a Sallary, according to his Majesties Instruction, We have to say
that the sum therein mentioned is extraordinary, we being a small,
and generally poor People; and especially considering the encroach-
ments of our Neighbours, and the stagnation of our Trade, for want
of a medium to carry it on. However, we hope his Maj"*^ (who being-
unacquainted with our circumstances, hath given your Excell-^' tliis ex-
traordinary Instruction.) hath not enjoyned it on your Excell-^ as an
order not to receive such sums as this House shall from time to time
vote, which we assure yo"" Excell-^' shall rather exceed than fall short of
our Abilities.
And we shall take care to consider of all things whicli may encourage
virtue and true lleligion among us, & discountenance vice and Immo-
rality, and look at it [as] our [p. 313] greatest happiness that your
Excelly has so great a Regard for true Religion. We desier at all times
to be thankful to Almighty God that he has planted us in a place where
nature has done her part, and thank your Excell^ that you encourage
us in Improving of these Blessings, and hope on our part to make Im-
provem' with care and Industry.
We take it as a great mark of his Maj"*^* Favor in taking care for the
settlem' of the Lines between the Provinces, and shall be ready to do
our part according to your Excell-^'* 77"' Instruction, as soon as we can
have knowledge of Men which may be qualified according to said In-
struction : We being at present altogether strangers to gentlemen in
other Provinces. And for the preservation of his Maj''''" Woods, as we
always were ready, so we still remaine ready and willing to do any
thing that we can, which may contribute to the preservation thereof,
according to the several Acts of Parliament made for that end ; and if
there be any acts that may be made for the jjreservation of a nursery
of Timl^er, which may be fitt for the Royal Navy, we shall be ready to
do any thing that we can for the preservation thereof.
We assure your Excell-^' we shall always be glad to cultivate a good
agreement with the Indians, and shall neglect no opportunity to engage
them to Peace. And as tis more immediately the business of this
House, so we shall take care to supply the Treasury witli what shall be
sufficient to defray the charges of the current yeare, and sliall be dili-
gent in ])assing such Acts and votes as shall at anytime be thought for
his Maj"" service or the good of his subjects.
• Andrew Wiggin, Speaker.
566 PROVINCE OF NEW-HAMPSHIRE. [1730.
Londonderry Petition read againe and their agents call'd
in and heard, and the house had some debates thereon.
Voted that Joshua Pierce and Theodore Atkinson Esqs.
be a Committee of this House to joync with a Comittee of
the upper House to examine the accounts relating to the
Province and make return to the Gen^ ass™ for approbation,
[p. 314.] Mr. Clark Waldron bro't down an Act for ad-
journm' of the Quarter sessions which was read. p. m. The
act for adjourning the Qua"" Sessions read a 2'' time Then
the House adjourned for an Hour The act for adjourning
the Quarter Sessions read a third time & pass'd to be Enact-
ed Engross'd and Sent up
A message from his Excell"*^ to the House pr Mr. Clerk
Waldron in writing as follows viz.
Gentlemen —
I thank you verry kindly for the answer to my Speech in its
several paragraphs, and your heartily joyning with me in what I have
recommended will (I doubt not) with the blessing of Almighty God
render you a happy & flourishing People. I would againe press you to
put forward the settlem' of the Line between this Province and the
Mass*^ according to the King's Order as soon as you conveniently can,
and you may assure yourselves of all my weight and interest with his
Maj''"" and the two Goverm*'* under my care, that the matter may be
done with the greatest Justice and Impartiality. I'me sorry to find
you can tell me the Trade of the Province labours with difficulties, and
shall be glad of any proposals from you to revive and increase it, and
as the charge of the Province Avill be growing, I have a liberty to emit
from time to time what Bills of Credit may be necessary to defray the
Expense thereof.
Gentlemen — As to his Maj'''^^ 32'^ Instruction for settling a Sallary on
me during my Adm" I do assure you I should with pleasure and satis-
faction have received the Kings Royal leave for my supjiort as has been
usual in this Province, nor was I wanting to solicit that it might be
done in that way, yet his Maj"'^ has finally ordered it should be done
in the manner I have laid before you & has further comanded & en-
joyned me in the following words — •" It is our express AYill and pleasure
that you do not give your assent to any Act in our said Province of
New- Hampshire under your Goverm' for granting of money to you our
Governour or Comander-in-chief the Sallary of two hundred pound pr
annum as directed in our 32'^ Instruction." [r. 31.").] This being the
case, Gen', I neither must nor dare receive any support from you, so as
to deviate from its being settled on me during the whole time of my
Goverm'. As you are my breathren, and my interest is blended with
yours, I hope we shall conspire together for establishing ourselves still
more firmly in his Maj'"'*^* grace and favor by a cheerful obedience to
what in his Royal Wisdom he thinks so reasonable, and this will be the
way to lengthen out your tranquillity, to promote which I shall gladly
employ every opportunity may fall in my power.
J. Belcher.
1730.] JOURNAL OF THE HOUSE. 567
Ordered That those persons concerned in the l\ye Peti-
tion appeare the 3'^ day of" the next sessions. Then tlic
House adjourned to the 29'" curr*.
[On the same day] the Governor sent another message to
the House in writing by Messrs. Jeffry, Wihird and Odiornc,
as follows :
[From Journal of General Assembly.]
Gent.
The ready obedience and duty you have paid to his Majesty's Instruc-
tion in settling a Salary on me during the whole time of my Govern-
ment, you may assure yourselves shall be followed by me with the
fullest representations in your favour, so as we may constantly feel the
love and affection of the King, who delights to be the common father
of all his People.
I think it my duty to observe to you before the act passes relating to
my salarj% that y*^ Instruction Extends only to me as the King's Gov-
ernor, & that therefore the mention you have made of the Lt. Governor
seems an impropriety, and the act of settlement ought to be confined
as near as you can to the King's Instruction; but let that be as it will,
I am determined always to act with you an open upright part, and
therefore think it proper to say to j'ou what I have to the Leiut. Gov"^
and several members of the Court (before the passing the vote you
have made) That the six hundred pounds you have settled on me was
what the King had required for his Governor, & I should by no means
allow any part of my own support to any other officer in the Gover-
ment.
I must further observe to you that it has always been the Practice of
the Mass" and commonly of y** New Hampshire Assembly, to pay the
Gov"" before hand, so as to enable and support him [in the] management
of the affairs of Goverment : and as the Treasury is supply'd with
money, I can't see that it will be any detriment, but a service to this
Province rather to have the money emitted and circulating than to let
it lye dead in the Treasury; nor can it be thought reasonable I should
live at my own Expence, til the Periods you have set in the act arrive:
These things being duly considered I doubt not but that they will in-
duce you to fall into the amendments the Council have made on the
act you have sent i;p.
As to the affair of the line btewixt the two Provinces, w'^'^ I have
once and again so earnestly recomended to you, I heartily wish you
would be satisfied in the five gentlemen last proposed, who are all of
them men of great honour and integrity, & being voted by this Assem-
bly, I have no doubt of the other Province concurring with you in the
choice, & which I shouhl think would give us great hopes of a suc-
cessful Issue of this long unhappy controversy.
I have now only to assure you that I am come full of benevolence,
and to do every good and kind thing in my power for this Province.
I am to acquaint you, Gent, that the Assem: of the neighboring
Province is to meet the next week, so I must be going homeward to-
morrow, and desire you to consider what time will be most commodi-
ous to your private affairs to be prorogued to in which I shall be willing
to gratify you. J. Belcheu.
568 PROVINCE OF NEW-HAMPSHIKE. [1730.
August 29"' A. D. 1730. The House met according to
adjournment. His Majes"''^ 77"' Instruction read as follow-
etli, viz.
Whereas there has been a Dispute of long continuance between onr
Provinces of the JMass'^ Bay and New Hampshire in relation to the
Boundaries of the said Provinces — and whereas we do judge it to be
for our service as well as for the Peace and Tranquillity of our said
Collony's that the said dispute should be adjusted and a line mark' out
to divide the said Provinces in all time to come: It is therefore our
AVill and pleasure and you are hereby directed to propose to the Gen-
eral Assembly of each of the said Provinces respectively that discreet
and indifferent persons be chosen by each of the said assemblys out of
some of the neighboring CoUonys under our immediate Goverment
with sullicient powers to draw the said Boundary Line, and finally to
determine the dispute between the said Provinces, whose proceedings
therein shall be laid before us, and shall be of no effect till our Royal
Pleasure shall be signified thereupon.
The above is a True Coppy of his Maj'''^ Seventy Seventh
Instruction to his Excell>' Governour Belcher transcribed
[p. 316.] from the Body of Instructions.
Rich'^ Waldron Clcr. Con.
Voted That Coll David Dunbar, Coll William Wanton
and Coll John Whiting, Esqrs be a Committee for the Prov-
ince of New Hampshire to joyne with as many to be ap-
pointed a Committee by the Province of the Mass" Bay in
New England, to adjust as well the northern Boundary Line
between the Province of New Hampshire and the late Prov-
of Maine, as the Southern Boundary line of .the said Prov-
ince of New Hampshire & the Massachusetts, according to
his Maj"*'* pleasure signified in his 77"' Instruction to his
ExccU-' Jonathan Belcher, Esq. for the Goverm* of New
Hampshire and that a proper Comiss" be made out by the
Gov'' to said Gen^ to ])roceed in the atfaire according to the
intent of said Instruction and that a Comittee of some Gen*
ot the Province of New Hampshire be appointed by the
Gen^ Assembly to signifie to the aforesaid Gen* that they
are chosen for such purposes and to know if they will accept,
and also after 'tis known that they accept that the said Gen*
as a Comittee be also directed to waite on the Gen* just
above nominated and fully instruct them according to the
best of their knowledge how and what they understand to
be the Province of New Hampshire, and that the charges of
the said Comitteesbe paid out of the Publick Treasury ; and
that after the said Comittee have finished tlieir return con-
cerning the boundary lines, Tliat both the Goverm*" of Mass'"
1733.] JOURNAL OP THE HOUSE. 569
and New Ilampsliire have copies thereof that they may sig-
iiifie to his Majestic their approbation in all or in part.
A Mcss'^ pr Mr. President Walton, Henry Sherburn & the
Cler. of the Council, that his Excell-^ adjourned the Ass'" to
Monday the ol*"' curr*.
Monday August 31^' a. d. 1730.
A Mess^ from his Excell-^' and the Board with the names
of sundry persons his Excell'' tho't proper for a Comittee to
mark out the Dividing Lines, viz. Governour Talcut of Co-
necticut, Adolp Phillips of New York, Esq. Major Masca-
recn, Mi\ Nathaniel Keys [p. 317] of Rhoad Island & Col.
William Whiting of Rhoad Island.
Whereas his Majesty hath by his 77*'' Instruction to his
Excellency Governour Belcher, directed to the choice of
some discreet and indifferent P'sons out of some of the
neighboring Collonies under His Majesty's immediate Gov-
erment, who are to be invested with sufficient powers to
draw the dividing line and to determine the Dispute between
this l*rovince and the Province of the ]\[ass^
Voted, That this House in obedience to the said Instruc-
tion and his ExceP'"* proposal thereon, will make choice of
three such persons as therein are directed to in case the
Mass^ Goverm* will do the like, in order to have the line
settled and an end made to the Said Dispute as soon as
possible.
Post Merediem.
Mr. Samuel Thing (one of the Members of the House)
dismist upon his request, and ordered that a precept be sent
to Exeter to make choice of another person in his stead to
represent the Town next Sessions
A verbal Mess^ pr Geo. Jatfrey, Henry Sherburne Esqs.
and Mr. Cler. Waldron, that as to the settle'm* of the Sal-
lary, that Lev* Gov. Wentworth sent word, that the House
may not be hindered in regard to him, for that he did not
expect any thing for himself out of it, nor of the Assembly
as Levt. Gov*'
Mr. Cler. Waldron brought down a transcript of the Lev*
Gov. Wentworth quitting any part of the Sallary now to be
settled, in the words following, viz. That the Lev* Governour
quitted all claim to any part of the Sallary to Ijc settled on
570 PROVINCE OF NEW-HAMPSHIRE. [1730.
his ExcclP' the Gov"" p'suaiit to the King's Instruction, and
had no expectation nor dependance on the Ass'" for any
allowance for the future, but depended wholly on his Excel-
lencie. Monday August 81, 17 oO True Copy
Rich-^ Waldron, Cler. Con.
Voted That there be paid at two equal payments out of
the Publick Treasury to his Excell-^ Jonathan Belcher, Esq.
for his [p. 318] support during his Goverm* the sum of
two hundred pounds sterling, or six hundred pounds in Bills
of Credit of this Province, the one halfe thereof in the
spring of the year, yearly, and the other halfe in the fall of
the year, which said sum is to be in full of all demands
from this Goverment for and towards any sallary and all ex-
penses of his Excellency coming to, tarrying in and going
from this Goverm* and that the Excise on liquors be from
time to time (so far as it will go) be appropriated to that
use, and that an act be drawn up accordingly, and that
Theodore Atkinson and Nath' Weare, Esqs. be a Comittee
of this House to joyn with a Comittee of the upper House
to draw up said act.
A Mess'' from the Board pr Mr. President Walton & Geo.
Jaffrcy Esq. that the above vote tKite was concurr'd and ac-
cepted pr his Excellency and that the said Walton and Jaf-
frey were appointed at the Board to joyne the Comittee of
the House to draw up the act.
Then the House adjourned to Sept. tlie first.
Tuesday September the first, 1730.
Voted, That the Treasurers Accounts as audited l»e ac-
cepted, and allowed, and that the Treasurer be discharged
of the said sums therein accounted for.
The Act for settling the Gov' Sallary bro't in and read the
first time. Then the House adjourned for half an Hour.
The House met according to adjourm' The Sallary Act
read a 2^* time. The Sallary Act read a third time, and
pass'd to 1)0 enacted and engrossed.
Voted, That tliere be forthwith signed off by the signers
already appointed the sum of thirteen hundred pounds of
the new bills already imprest, and by those signers put into
the Publick Treasury for the defraying the Publick charges
of this Province as the Gen" Assembly shall direct ; and to
1730.] JOURNAL OF THE HOUSE. 571
repay the same, that it be raised by a Tax on the Inhabitants
of this Province in the year 1742, and when bro't into the
Treasury to be burnt to aslies in presence of tlie General
Assembly ; the said Bills to be paid [p. 319] in such Species
as shall be agreed upon ])y the Gen'^ assembly, and that an
Act 1)0 drawn up accordingly, and that Paul Gerrish Esq.
and Mr. Ephraim Dennit be a Comittee from this House to
joyn with a Comittee of the Upper House to draw up the act
accordingly.
A ^less'' from tlie Board that the above vote was concurr'd
and that Richard Wibird tfc .Jotham Odiorn Es(|S. were ap-
pointed at the Board to joyn the Comittee to draw up the
act accordingly.
A vote for payment of the Ilon'^''^' Joliii Wentworth, Esq. as Lev' Gov-
ernor & Commander-in-Chief in full for the time past, £200 :
For payment of Benj Akorman for the year 1729, 10 :
For payment of Wm. Fellows Expences of Comittees, &:c. 3: 10:. 8
Do. to R. AYaldron, as Cler. Con. to the ^.j'^ April, 1730, 75:
Do. to Mr. Sherif Atkinson, as Sherif & return of Jurors
to. the 1*' May, 1730— 22: 4:
Do. to Benj. Rust for the Rent of the Council House to the
10'>^ April, 1730, IG:
A message that the above allowances was concurr'd at the
Board. The act for emitting the sum of ,£1300 was bro't
in and read twice. The same Act read a third time and
past to be enacted and Engross'd. A message that the act
for emitting £1300 was concurr'd at the Board.
A Message from the Board pr Mr. President Walton &,
Geo. JetTrey, Esq. with a vote of the Council on the act for
settling the Gov''^ Sallary, viz. The Council concur the an-
nexed Bill with the following amendment, viz. to leave out
the following words in the 11*" & 12^^ lines in the 2^ page,
namely, " As also for any allowance to be made to the Lev'
" Gov'^ for the time being, and that the Sallary be paid annu-
" ally and advanced from time to time at the first of the
" yeare " — which was read. R. Waldron Cler. Ccn.
Post Meridiem
The above vote for amendm*^ read and non-concurr'd and
Voted, That his Excell^ be enabled to draw half the Sal-
lary as soon as the Treasury is supply'd to pav it.
A Mess^ from the Board with the Sallary Bill [p. 320] to
reconsider it. The question was put whether it sliould be
reconsidered. It past in tlie affirmative. Upon reconsider-
ing, the Bill past with the amcndm* that those words, viz.
572 rnoYiNCE of new-hampshire. [1730.
(after the first lialfe year's paym* & so on half yearly) he
left out.
A Mess"" pr Mr. Cler. Waldron that the Sallary Act was
concurr'd at the Board and that his Excellency required Mr.
Speaker and the House to attend him in the Council Cham-
her.
Mr. Speaker and the House went up accordingly and his
Excellency was pleased to give his consent to enacting of
and engrossing the Act for emitting £1300, and the Act for
settling his Sallary, and then Mr. Cler. Waldron said, It
was his Excellency's Pleasure that this Gen^' Assembly
should be prorogued to the first of October next and then
declared the said Assembly was prorogued accordingly.
Octolier the First 1730. The house met according to
Prorogation & Ijy order of his Hon'' the Lcv^ Governour the
Ass™ was Prorogu'd to the 5"' of Nov'' next.
November the 19'^ a. d. 1730. The House met according
to proclamation by his Excellency Jonathan Belcher, Esq.
[Present] O
Mr. Speaker Wiggans Capt. Joshua Wingate
Joshua Peircc, Esq Mr. John Sanburn
Capt. Geo. Walker Mr. Bart^^ Thing
Mr. E])liraim Pcnnet Mr. Benj" Thing
Paul Gerrish, Esq. Theodore Atkinson, Esq
Capt. Sanuiel Tibbets Mr. Rich'^ Jennes
Capt. Francis Mathes Mr. Ebenezer Stephens
Nathaniel Weare, Esq. John Downing, Esq.
Mr. John Golf.
Post Meridiem
The Clerk of the Council came with a Mcss^ that his
Excell"*' required attendance of the House in the Council
Chamber.
Mr. Speaker and the House went up accordingly. His
Excell^ made a Speech, of which Mr. Speaker prayed a
Coppy and returned. The coppy of the Speech was read
and is as followeth, viz.
(}) The names are iu the original Minutes. Ed.
1730.] JOURNAL OF THE HOUSE. 573
Gent, of the Council and House of Representioes
The Lev' Governour having iu conformity to my order adjonr'cl
you to this day, I am now come to meet you in Geu^ Assembly, for the
necessary dispatch of the affairs of this Province. It is our happyness
to live under the protection of a Prince who is the best of Kings and
an indulgent father, and we are continually reaping great advantage
from the trade [p. o21] with our mother Kingdom. When we consider
therefore these things, I hope this Province will never be wanting in
their loyalty and obedience to his Majesty, & upon all occasions to show
their dutiful dependance on the Crown of Great Britain. This will be
the best means to Establish you stil more in the King's favour, and
thereby most effectually promote the prosperity of your country.
Altho' when I was last here my stay was but short, your private
affairs urging for a recess, yet if you will have recourse to what I tben
recommended to your consideration, it may produce happy conse-
quences for the people under your care. The affair of the line between
this Province and the Mass" I think ought to be our first atid especial
care. The hardships and crueltys the Poor People suffer on each side,
methinks should move both Goverm''' and every good man in them with
compassion. Pray let us then be in earnest to put in Execution the
King's commands so kindly and so wisely calculated for establishing
the ease and peace of his subjects, & as the assembly of the Slass" in
their late session have shown a chearful inclination to comply therewith,
I hope there will be no stop or delay on your part, and I do assure you
it shall not be my fault if it be not done as soon as possible, and that
with all imaginable justice and impartiality.
Any thing you can do for the Encouragement of Naval Stores in
this Province will greatly recommend you to the favour of the Crown
and serve your own trade and Interest. I would mention to you par-
ticularly the laying a good bounty for raising hemp which your soil and
climate are well adapted to.
I must acquaint you, gentlemen, that I have his Majesty's Commands
that no fees be taken in my Goverments but what are according to
law : I would therefore have you look into the State of the fees of this
Province, that what are necessary for the King's service in the dispatch
of the affiiiirs of this Goverment, and are not yet establislied by law,
may now be done to prevent any injustice or oppression of the King's
good People of this Province, and [p. 322] you may depend on my
chearful concurrence in what may be reasonable on this head as well
as in every thing else which may best of all advance the King's honor
and the happyness of his good subjects in this Goverment.
J. Belcher.
A Mess" -was sent up to his Excell^' to know what the Gov-
erment of the Mass^ had done as to a Comittee about the
Lhies, who returned for answer, That that Goverm* had
made choice of Govern'^ Talcut k Major Wilcut Q') of Con-
necticut and Adolph Phillipse, Esq. of New York.
Then the House adjourned to the 20"' cur^
(1) Wolcott. Ed.
574 PROVINCE OF NEW-HAMPSHIRE. [173C.
Friday November the 20"^ A. D. 1730.
Voted, That Coll Codrington and Coll John Wanton,
Esqs. both of Rhode Island and Mr. Lydall, Merchant m
Boston be a Committee for this Province of New Hampshire
to joyn with as many appointed a Comittee by the I'rovince
of the Mass'' Bay in New England, to adjust as well the
Northern Boundary between the Province of New Hamp-
shire and the late Province of Maine as the Southern Bound-
ary Line of said Province of New Hampshire and the Pro-
vince of the Mass^ Bay, according to his Maj^'*"^ I*leasure
signified in his 77^'^ Instruction to his Exccll-' Gov"^ Belcher
for the Goverm* of New Hampshire.
Post Meridiem.
The heareing of the Rye Pef* was put off to the 25*^ curr'.
The above vote for a Committee return'd and a vote of the
Council for a Comittee bro't down, viz.
In Council November the 20'^ 1730.
Voted, That Richard Wibird & Henry Sherlmrne, Esqs.
and the clerk of the Council, with such p'sons as the House
of Representatives shall appoint, be a Comittee to prepare a
Bill impowering the Hon'^'*-" Joseph Talcut, Esq. Gov'^of Con-
necticut, Major Roger Wolcut, of Windsor, in Connecticut,
Adolph Phillipse, Esq. of New York, Coll. William Codring-
ton & Cull. John Wanton, of Newport on Rhode Island, &
Mr. John Lydal, now of Boston, to be Comiss" for the full
and complete [p. 323] settle™" of the Boundaries between
this Province and the Province of the Mass*'' Bay (so far as
this Court hath powe