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Waldron against the Judges of the Supreme Court of Judi
Capt. Henry Dow presented by the hands of the said Rich
cited and in that present Act before the Council and Sampson Sheafe, Deputy Collector of his Maj'tys Province of New Hampshire and Maine ; and also took the Oath duely to execute the place of Capt. Gener and Governor in Chief, in and over this Province.
Lieut. Govern" Wm. Partridge Esq. took the Oaths appointed instead of the oaths of Allegiance and Supremacy, repeated and subscribed the Declaration and Association, also took the oath to observe all the Clauses, matters and things contained in the several Acts of Parliament recited in an Act made in the seventh and [P. 2.] eighth years of his present Maj’tys reign entitled an Act for preventing frauds and regulating abuses in the Plantation Trade, and all the clauses, matters and things contained in said Act; and took the oath duly to execute the place of Lieut. Governor during the absence or upon the death of the Earle of Bellomont, also took the oath of Privy Councillor.
John Hinckes, Nathaniel Fryer, Peter Coffin, Robert Elliott and John Gerrish, Esqs. took the oaths appointed by Act of Parliament, instead of the oaths of Allegiance and Supremacy; repeated and subscribed the Test and Association, and took the oath of Privy Councillor. Sampson Sheaf being appointed by his Excellency Secretary of this Province took the oaths appointed by Act of Parliament instead of the oaths of Allegiance and Supremacy, and repeated and subscribed the Association and Declaration.
Ordered, that Writs be issued out for calling an Assembly to sit at Portsmouth on Monday the seventh day of August next, at nine of the clock in the morning.
A Petition being delivered unto his Excellency and Council of Mr. Richard Waldron, Major William Vaughan, and
cature in this Province :
It is therefor ordered by his Excellency by and with the advice and consent of the Council
, that Proclamation be
made for the continuance of the Justice of the peace and constables only in their respective places for conservation of the Peace until further order.
The Council having advised his Excellency to remove Wm. Ardell from being High Sheriff of this Province, as being a person who lives remote, also a great Swearer, giren unto drinke and abusive in his drinke, and of no visible Estate in this Province, and therefore very unfitt for the place of High Sheriff:
It is therefore ordered that the said Ardell be discharged from said office of High Sherriff, and that Richard Josse be High Sherriff for the ensuing year, that is until Michælmas Day come twelve month Anno Domi, one thousand seven hundred, and that the Secretary do draw up a Commission for said Josse accordingly.
[P. 3.] At a Councill held at Portsmouth, Martis die, August Primo, Anno 1699 ante meridiem.
Present. His Excellency Richard Earle of Bellomont, Capt.
Wm. Partridge, Lt. Governor. John Hinckes
Robert Elliott Nath. Fryer
Peter Coffin Esqs.
John Gerrish His Excellency moved to the Council that it would be convenient to propose to the Assembly that the Supreme Court of Judicature be revived in some convenient time; that soe those causes which should have been tried at the said Court which should have been held this day by adjournment, may proceed as if said Court had not ceased.
Ordered, that a bill be prepared accordingly to be laid before the Generall Assembly at their meeting on the
seventh day of this present month of August and that the Lieut. Govern", Wm. Partridge, Esq. and Robert Elliott, Esq. be a Committee to prepare said bill and that Mr. Richard Waldron be added unto and be one of said Committee.
Nathaniel Ware, Esq. nominated in his Maj'tys instructions to be one of the members of the Council for this Province, being sent for appeared, and desired, upon consideration of his age, and remote living he might be dismist from said service, which was accordingly allowed him.
His Excellency moved that a bill be prepared for the due qualification of Jurors to serve in the several Courts of Justice within this Province, to be laid before the Assembly when convened.
Ordered, that the said bill be referred to the same Committee.
His Excellency moved that a bill be prepared for contributing toward the charge of erecting and building a convenient Fort on New Castle Island in this Province for his Majestys service, to be laid before the Assembly. Ordered, that it be referred to the same Committee. His Excellency moved further that a bill be prepared for the restraining and punishing Privateers and Pirates. Ordered, that it be referred to the same Committee.
His Excellency moved that a bill be prepared for facilitating the conversion of Indians and Negroes.
Ordered, that it be referred to the same Committee. [p. 4.] His Excellency proposes unto the Council, that notwithstanding the Indians have a mind to see and treat with him about their allegiance to his Majesty, that Capt. John Hill, coinmander of Sacoa Fort, be ordered to send immediate notice to the said Indians of his Excellencys appointment of seeing their principal Sachamores at Portsn° upon Thursday the tenth day of this present month of August
, for the end aforesaid, to which proposal the Coun
cil doe consent.
Richard Joss commissionated by his Excellency to be
High Sheriffe until Michaelmas of the ensuing year Anno one thousand seven hundred, took the oaths appointed by Act of Parliament instead of the oaths of Allegiance and Supremacy, repeated and subscribed the Declaration and Association, and took the oath of being faithful in the office of Sheriffe according to the form thereof, before his Excellency and Councill.
Adjourned till Saturday next nine a clock before noon.
At a Council held at Portsmouth, Sabbati die,
Esqs. Capt. John Hill commander of Sacoa Fort waited upon his Excellency this day in Councill and gave the following account concerning the Eastern Indians viz.
That on yesterday the fourth day of this instant August, two of the chief Indians named Bombazeene aud Eskumnitt came unto him, said Hill, at Socoa, and that they enquired of him concerning the great Govern' and being told by him that his Excellency was at Piscataqua, they seemed to be very glad, and said if the great Governor would appoint a time and place where they should meet with him, they would go and call a Council of their Indians and then they would consider what to do; that Bombazeen told him all those lands belonged unto his uncle Moxis, the Chief Sachamore of that place, and saith that those Eastern Indians carry themselves very surly and insolently and doc say that the English shall not repossess and enjoy the Lands in the [p. 5.] Province of Maine, otherwise than by agreement with them. Said Hill further advertizeth, that the Indians have three Forts, one at the heail of Kennibeck River called Narregawock, another Fort at
Ammis Coggin called Secunti, being a branch of Kennibeck River to the Westward, the third Fort as he understands lies by a great Pond between those two Forts and that in each of these Forts are French Priests, Missionaries, who do instruct the Indians in the Romish Religion.
Ordered, that Capt. Hill doe acquaint the said Eastern Indians that this place of Portsmo is the place where his Excellency appoints to see them, and that the said Capt. Hill do take care for their safe and convenient coming and that Monday next seven-night being the fourteenth instant be the day his Excellency appoints for treating with them, And that if they say they cannot be here at that time, the said Capt. Hill may propose their coming to his Excellency at Boston.
His Excellency acquainting the Board with his Maj’tys orders to him strictly to forbid all his Maj’tys subjects or others inhabiting within the districts of his government holding any correspondence with, or giving any assistance to any person or persons who have been fitted out of Scotland and are said to have settled in a certain place in the West Indies, by them called Calladonia, or to enter into any traffic or commerce with them or any of them.
It is thereupon ordered that Proclamation be made that no provision, ammunition or other necessaries whatsoever be transported or carried to them from this Province or any part thereof, either in their own vessel or any other Shipp or vessel for that use, and that the High Sheriff doe make publication thereof in the several respective towns within this Province in the usual manner. Adjourned to Monday morning, Nine a clock.