Province of New Hampshire. THE MINUTES of the proceedings of the Council since the Honorable Saml. Allen Esq. published his Majestys Commis sion for, & entered upon the Government. At the first Council held at New Castle. Lunæ Die,* Novembris 28; Anno 1698. The Right Honorable Saml. Allen Esq. Governor. Nath. Fryer Peter Coffin Esqs. A Commission from the Hon. Saml Allen Esq. Govornor unto Sampson Sheafe for the offices of Secretary, Register, Clerk of the peace and of the Inferior Court of Common Pleas was read and approved of by the Council. [L.] The said Sampson Sheafe took the oaths required by Act of Parliment, repeated and subscribed the declaration, and took the oath of being faithful in said offices. Adjourned till tomorrow morning at ten o clock: Province of New Hampshire. At a Council held by adjournment at New Castle, Present. Nathaniel Waer, Esq. The Right Honble Saml. Allen Esq. Governor. Joseph Smith, Esq§ admitted and sworn one of the Council. The Hon. Saml. Allen Esq. informed the Council that John Usher Esq. had matters of importance to communicate for his Maj'tys service. * Monday. † See Commission in Sec'ry's office. + Tuesday. § Joseph Smith, Esq., was of Hampton. Ordered, that the Secretary do acquaint John Usher, Esq. that this Board desires if he hath any letters or papers for his Maj'tys service that he would deliver them to him to communicate to the Council. The Secretary delivered the message accordingly, and brought answer that if it were desired he would come unto them. Ordered, that the Secretary do go again to John Usher, Esq. and acquaint him that the Council desired if he pleased that he would send his papers;-if not that he could come himself and bring them. The Secretary acquainted John Usher therewith. John Usher presently appeared at this Board and produced a letter from the Lords of the Plantation, dated the 3rd of August 1697, which said letter was read-being read Mr. [LI] Usher said he was by his Maj'tys instructions one of his Majestys Council for this Province and accordingly claimed his privilege to sit at this Board, also asserted that he was Lt. Governor until the arrival of my Lord Bellomont or until such times as William Partridge, Esq. did qualify himself; and further declared that there were several persons by him suspended, the reason of whose suspension he had sent to Whitehall, and therefore unless his Majesty restored them, they could not sit in Council. Rob. Elliott Esq. affirmed that Mr. Waldron and Maj. Vaughan did sign Association; therefore no cause for their suspension; and that William Partridge Esq. was Lieut. Governor and had qualified himself; and that if Mr Usher was Lieut. Governor, and these persons sat in Council, and that Maj. Vaughan and Mr. Waldron were not admitted they would not sit. John Usher, Esq. replied "Is there then an agreement made among you?" Rob. Elliott Esq. replied-yes, one and all; we are all of that mind. The Hon. Samuel Allen Esq. Governor (it having first been debated) declared that John Usher Esq. was one of the Council and that he could not refuse him his privilege. Whereupon Robert Elliott Esq. withdrew. The Council is adjourned till Tuesday the thirteenth day of December at 10 a clock in the morning. Province of New Hampshire. New Castle. LII. At a Council held by adjournment at New Castle. Present. The Right Hon. Saml Allen Esq. Gov. Joseph Smith Esqs. Capt Kinsley Hall,* Esq. having been summoned as one of the Council admitted by Lieut. Gov. Usher, was again admitted one of the members of his Maj'tys Council in this Province and took the Oaths appointed to be taken instead of the oaths of Supremacy and allegiance, and repeated and subscribed the Declaration. Robert Elliott Esq. refused to sit at this Board as a member of the Council. If these gentlemen who were appointed & admitted by Lieut. Governor Usher were continued to be of the Council, and if John Usher, Esq. were Lieut Governor here, and the minutes hereof being read unto him, he said it was right noted [?] and withdrew. Ordered, that whereas through the non-appearance of the Judges on the 7th day of this instant December the Inferior Court of Common Pleas fell, there should be a special Court on Tuesday the third day of Jany ye next for the hearing & determining the causes should have been tried at said Inferior Court. Removal of Henry Green, Esq., from the office of Judge. [It appears by Records of the Court of Common Pleas, Wednesday, 7th December, 1698, that the Hon. Henry Green, Justice, failed * Capt. Kinsley Hall was of Exeter. to be present at the Court: whereupon Gov. Samuel Allen on the 23d of sd month, formally removed him from the office of Judge.] "Whereas &c. the sd Henry Green, Esq. without making any excuse or giving any notice, not regarding yo' oath as Judge of sd Court, did refuse, neglect, omit to be p'sent at the accustomed place of sd Court, being holden at Portsmouth, to the great damage of or Soveraign Lord the King, & diverse of his good subjects, by reason whereof no Court was or could be held on s seventh day of Decemb', and whereas, by reason of y' age & impotency, you are very unable & insufficient to execute the sa place: Wee do therefore, hereby discharge and remove you from the office of Judge of our Inferior Court of Common Pleas, as als from being one of our Justices of Peace in or sd Province; hereby injoyning you that you do not henceforth exercise or execute the sd places of Judge of or Inferior Court of Common Pleas or Justice of Peace within or sd Province, unless you should receive Power from us. Witness Samuel Allen, Esq. or Govern' of our said Province of New Hampshire. Given under or hand and seale of Province, at New Castle, the twenty-third of Decemb' in the tenth year of or Reign, Annoque Domi. 1698. SAMUEL ALLEN. [On the 15th of January, following, Richard Jose, Esq. was removed from the office of high sheriffe.] "Whereas you, Richard Jose, Esq. late high sheriffe of or Province, by reason of y' sickness, impotency, & weakness of body, be thought very unfitt, unable and insufficient to performe & execute the duty of said office and place of high sheriff'; I do therefore, hereby discharge and remove you from the sd office of or high sheriff-strictly charging and commanding you, that you no more exercise or execute sa office of or high sheriff; but that you do deliver unto William Ardell, Esq. whom I have commissioned, Co istituted & appointed to be or present high sheriff, all writts, recognizances, & papers that are in yr hands, relating to the s office; and that you do account with Wm. Ardell afores, our said high sheriff, for all monies, goods and profitts whatsoever belonging unto us, which hath been levied or ought or might have been levied for his Majests service. Given under my hand and seale of Province, the 15th day of Jan', Anno Regis William tertii & decimo, Annoq Dom." 1698-9.* SAMUEL ALLEN. Ordered, that there be a public day of Thanksgiving observed throughout this Province on Thursday the twelfth day of January next, for that God hath been pleased graciously to preserve His Maj'ty; for the safe arrival of Saml. Allen, Esq. Governor; the continuance of our Gospel liberties, The two for going articles found in "Copy of Commissions" in Scc'ry's office.-ED. sending us a plentiful harvest, and restraining the heathen enemies; and that the Secretary [LIII.] do draw up a Proclamation accordingly into form and send it to the several Ministers in this Province. [From MS. copy in Secretary's office.] A PROCLAMATION FOR THANKSGIVING. Province of New Hampshire. New Castle, Dec. 13, 1698. Being deeply sensible of the Expressions of divine goodness & mercie towards us, evidently appearing in the signal Preserving of Soveraign Lord the King's Majte, carrying him thro' the many difficulties and hazards of a tedious & bloody Warr, and from many hellish plots & Conspiracies, and making him at length the happie Instrument of establishing a gen" Peace thro'out all Europe; in gratiously preserving the Honble Samuel Allen, Esq. our Govern', & bringing him to us in safety, thro' the midst of maine dangers and difficulties; in the continuance of or precious gospel Liberties; in the plentiful Harvest vouchsafed us the Summer past, after so great scarcity, which for some time p'vailed in the midst of us; and in so long restraining the Heathen Enemie from making their barbarous incoursions upon us: We do therefore appoint Thursday the twelfth day of Jany next ensuing, to be celebrated thro'out this Province, as a day of Publick Thanksgiving unto Almighty God, forbidding all servile labour on yt day; And do recommend it to the several Ministers & Assemblies, therein to be kept with all solemnity, and attended with a right ordered conversation, so as that God may be glorified by us, & we may have farther hopes of seeing his salvation. By order of the Hon'ble the Governor & Council. SAMPSON SHEAFE, Secretary. Ordered, that Maj. William Vaughan do deliver all the books, Court Rolls, Writings, escripts, minutes and records whatsoever delivered unto him the thirteenth day of June 1696, and all Records, Books, Court Rolls, Writings and Minutes since, which may be, ought, or should be in. his hands, unto Sampson Sheafe, Secretary, and Register of this Province, the said Sheafe giving him his receipt for the same. Ordered, what soldiers are at Capt. Rich. Gerrish's Garrison be dismissed & discharged, and that Capt. John Tut tle have notice hereof. Adjourned till tomorrow morning at eight o'clock. |