JOHN USHER, Esq. Lieut. Governor of said Province, took the oaths appointed by law instead of the Oaths of Allegiance and Supremacy, and subscribed the Test and Declaration appointed in such Cases.

The Honble the Lieut. Governor acquainted this Board that he was a stranger to the present affairs of this Province, and therefore desired this Board to let him know if there were anything to be done proper for her Majesty's service, or the good of this Province, he should be very ready to take care about the same.

[P. 92.] Mr. Weare signified that there were several men belonging to Hampton working at her Maj'tys Fort, had been there a considerable time, prayed that they might be drawn off.

Province of New Hampshire.

At a Council held at Portsmouth, on Wednesday the 27th October, 1703.

Present.

The Honourable John Usher, Esq. Lieuten' Governour.

William Partridge, Esq. made a motion to the Honourable, the Lieutenant Governour at this Board, that he having a Ship in the River which wanted to be fitted to sea with all expedition, and required his daily attendance upon her, he being bound a voyage to England, desired that he might be dismissed as being a member of this Board; which his Honour granted, and accordingly he is dismissed as being a member of this Board.

His Honour the Lieut. Governour proposed to this Board, that whereas there are but two soldjers belonging to her

Majesty's Fort Wm. and Mary at New Castle, under the Queen's pay are not sufficient for the safeguard of said Fort, therefore thinks it highly reasonable that there be four men more added to the said Fort as Soldjers under the Queen's pay, to make the number six.

[P. 93.] Ordered, at this Board that there be four men entered into the Queen's pay from tomorrow morning as souldjers, (besides the persons already entered into pay) and to continue there at said Fort, one month from this present day.

His Hon' the Lieut. Govern' acquainted this Board that there is wanting at her Majesty's Fort at New Castle paper fitting for Carthrages for the Great Guns, there being neither paper nor Canvis.

Ordered, that the Treasurer forthwith provide a Rimm of sufficient Cartharidge paper for the great gunns at said Fort, and pay for the same out of the Treasury.

His Hon' the Lieut. Govern' also acquainted this Board that there are wanting to the Fort Boat one Graplin, and six Oars.

Ordered, that the Treasurer with all expedition provide the same, and pay himselfe out of the Treasury.

His Hon' the Lieut. Govern' alsoe acquainted this Board that there is wanting at the Fort, wood and lights.

Ordered, that wood and oyle for light sufficient for the said Fort be provided for out of the Treasury.

Ordered, that the Selectmen and Militia Officers shall have full power in each town of this Province, if they shall see meet, to order all corn and grain to be brought under the safety of some Garrison in the town where the Owners thereof shall live; and in case any person shall refuse to bring in the same accordingly, that then it shall be in the power of said Selectmen and Militia Officers to cause the said corn and grain to be Secured as aforesaid, and shall pay the charge accreued out of the said Corn and grain.

[P. 94.]

Province of New Hampshire.

At a Council held at Portsm° the 4th day of November, 1703.

Present.

The Honourable John Usher, Esq. Lieut. Governour.

Robert Elliott, Esqs.

Peter Coffin,

The Honourable the Lieut. Governour produced to this Board the petition of Nathanl. Fryer, Esq. desiring to be dismist as a member at this Board, by reason of his old age and infirmities not capable to attend her Majestys service, which was granted him and he is accordingly dismist from being a member of this Board. (1)

Ordered, that all the former Treasurers of this Province, whom it concerns, bring in their accounts to this Board by Tuesday next, from the 16th May 1694, to May 1700, that they may be accounted for in order to pass under the Deputy Auditors hand, and that said accounts be brought in due forme.

The Lieut. Governour acquainted this Board, that there was letters from Whitehall, that all the Records of this Province, with several Files of papers should be lodged and remaine in the Secretary's hands of this Province.

Mr. Saml. Penhallow who now hath the keeping of the

(1) For many years, NATHANIEL FRYER, Esq., was a leading man, and one of the most useful in the Province. He resided at Great Island: was a Selectman of Portsmouth, at different times, eleven years; County Treasurer in 1668, which office he probably held till 1680; in 1678 was a Commissioner to treat with the Indians at Casco; in 1683 was appointed a Councilor, and Assistant of the Court of Common Pleas. He opposed the conviction of Rev. Joshua Moody for refusing to administer the sacra ment to Cranfield. In 1689, after the overthrow of Andros, he was elected a deputy from Portsmouth to a proposed Convention, to agree upon some form of government. He was one of the Council under Gov. Samuel Allen, 1692. In 1695, he was President of the Council. In 1693, was appointed Chief Justice of the Court of Common Pleas; in 1697, Judge of Probate. He was one of the signers of the "Association, 1697, to stand by the Protestant succession." Mr. Fryer died August 13, 1705 “after long illness and weakness,”-age unknown. He left one or more sons, but nothing is known of his descendants of his name.-ED. [See "Notices of Councilors, by Hon. S. D. Bell," Coll. N. H. Hist. VIII. pp. 352-356.]

said Records acquainted this Board that the same were put into his Custody by an order of Lieutent Governour, Council and Representatives.

Ordered, that the said Samuel Penhallow produce such order to this Board at their next sitting.

His Honor the Lieut. Governour having proposed to this Board the removal of John Hinkes, Esq. from his post as Captain of her Maj'tys Fort for several reasons: It is the opinion of the Council, that in case his Hon' the Lieut. • Govern' should make any alteration or removal of the Captain of said Fort, that they think Mr. Shadrach Walton a very fit and proper person to receive a Commission as Capt. of the same.

[P. 95.] Ordered, that John Cotton and Ephraim Maustin be paid out of the Treasury in course, for their going Post to Boston, and that they bring in their Debenter to the Secretary, how much they demand.

His Honour the Lieut. Governonr sent Mr. Secretary for Colonel Romer to come to this Board, and acquainted him that there were several impressed men at her Maj'tys Fort to attend Colonel Romer's orders; and that considering the season of the year the said impressed men could doe noe work at said Fort: therefore advised with said Romer whether it were not proper to dismiss the impressed men and to press noe more for that service till next Spring; unless Colonel Romer should have any especial occasion at said Fort for men for her Maj'tys service. Colonel Romer was of the opinion it was very proper to dismiss the impressed men, and to press noe more for that service till next Spring.

Ordered, that the impressed men at the Fort be dismist accordingly.

Ordered, that there be two men impressed at New Castle to serve as soldjers at the Fort.

[P. 96.]

Province of New Hampsh'.

At a Council held at Portsmouth, on
Thursday, the 9th of November, 1703.

Present.

The Honorble John Usher, Esq. Lieut. Governour.

His Honor the Lieut. Governour was pleased to order Mr. Secretary Story to read at this Board some part of her Maj'tys Instructions given to his Excellency Joseph Dudley, Esq. Governour of said Province, &c. viz.

That in the absence of any of her Majestys Council above the space of twelve months, without leave, or that any of them continue absent for the space of two years, or the greater part thereof successively, without leave, to be null and voyde as members of said Council, &c.

Ordered, That an oath be tendered and given to the Lieutenant Governor and Council for the Administration of Justice in all Causes that shall come before them, by way of appeal from her Majestys Superior Court, &c.; and the same oath to be given to all succeeding Members of her Majesty's said Council.

His Honour, the Lieut. Governour, was also pleased to order Mr. Secretary Story to read to this Board another part of her Majestys Instructions, given to his Excellency Joseph Dudley, Esq. Governour &c. relating that in the absence of the Governour and Lieutenant Governour out of this Province, the Council have the administration of the Government, &c. but not to pass Acts, &c., unless for the keeping the Queen's peace, &c.

The petition of Elisabeth Wybird, relating to Mr. Samp son Sheafe's seizing of four baggs of Cotton wool, &c. in the year 1701, and there having been several trials about the same at her Majesty's Inferiour and Superiour [P. 87.] Courts of this Province, and at last Ordered by Lieut. Gov