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eighteen pence; and that no other eighteen pence hath ever been rec'd as a duty belonging to the said Fort, till within a year and a half last past, which hath been rec'd by Theodore Atkinson, Esq.*

The Information of Stephen England was read at this Board, relating to his being abused by Capt. John Gilman and the rest of the Committee in Exeter, by punishing him in making him ride with his face to the Horses tail, &c. as upon file.

Capt. Gilman pleaded that the Committee punished the said England for refusing to ward, sometime last summer, and for disobeying his warrant the 9th of this month.

The Committee prays that the hearing of the Information be referred to his Excellency in Council. : [P. 196.] A memorial was put in by Mr. Atkinson, of what necessaries is wanting at her Majesty's Fort Wm. and Mary, as upon file.

Ordered, that Robert Elliott and Samuel Penhallow, Esqs. be appointed as a Committee to survey her Majesty's Fort Wm. and Mary, and make report to the next Council, what necessaries may be wanting; and in the mean time, that the Treasurer supply the Captain of the said Fort with wadding and cloth for Carthridge Baggs.

Ordered, that the Committee of the Militia of Exeter be acquainted, that whereas Stephen England being appointed by the High Sheriffe of this Province to be his Deputy Sheriffe, and an Information being exhibited against the Committee of Militia in Exeter for abusing the said England, that the said England be free and clear from any Impress by the said Committee, for Scouting or otherwise, till the said Information is heard and determined ; he the said England to doe military duty at the Garrison where he belongs, as watching, warding, &c.

* See Governor's Order on this Report, on subsequent page (514] under date “ Boston July 28th, 1707."

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A Proclamation for a General Fast was ordered to be published being as followeth, viz:

(By his Excellency, JOSEPH DUDLEY, Esq.) Captain General and Governor in Chief, in and over her Majesty's

Province of the Massachusetts Bay and New Hampshire in New England:

A PROCLAMATION FOR A GENERAL Fast. Inasmuch as it is the Sovereign pleasure of the Righteous God, still to lengthen out the troubles of Europe, by the continuance of the war with the Common enemy of the repose of the Christian Nations; as also our own and our neighbors troubles in these her Majesty's Provinces and Colonies, with the French and Indian enemies and rebels; withal considering the importance of the Expedition which ber Majesty's subjects here are now engaged in against the said Enemy and rebels; and the just reasons we have to implore the Divine Favor for the remission of our Sins, whereby we have justly provoked the Holy God and for his blessing upon that undertaking:

I have thought fitt, by and with the advice of her Majesty's Council to appointe and order that Thursday, the [P. 198.] twenty fourth day of July current, be solemnized as a day of Public fasting and Prayer throughout those Provinces; Exhorting both Ministers and people in their several Assemblies religiously to attend the solemn services of the said day; that by a sincere and hearty confession of our sins, and humble reliance on the Divine Mercy, we may obtain from God, that our Sovereign Lady the Queen, with the Nations and Territories under her happy Government may always be under the protection of Heaven; her Majesty's life and Government long continued; her Council and Just Arms prospered; the designs of the Barbarous Salyages against us de

feated; our exposed Plantations preserved, and the poor Christian Captives in their hands returned; and her Majesty's forces on the present Expedition may be under Heavens Conduct, and have good success; that the Government of these Provinces may have the Divine direction in all their Administrations; that health may be continued and the present year crowned with the fruits of Divine bounty, and that deliverance may speedily arise to the church of God, oppressed with the Tyranny of Anti-Christ, and every kind of peace and prosperity may be given and secured to us and our posterity, upon the firm and lasting foundations of the Divine blessing and favor: And all servile labor upon the said day is inhibited.

Given at Portsmouth, the tenth day of July, 1707, in the sixth year of the Reign of our Sovereign Lady Anne, by the Grace of God, of England, Scotland, France and Ireland, Queen, defender of the Faith, &c.

J. DUDLEY. GOD SAVE THE QUEEN. By order of his Excellency, The Governor, and Council, Chas. STORY


[P. 199.] Province of New Hampshire.

At a Council held at Portsmouth, 234 July, 1707.


Major Wm. Vaughan. Robert Ellott, Esq. Saml. Penhallow, Esq. Pursuant to his Excellency's Letter of the 21st instant:

Ordered, that the Secretary issue forth several Proclamations to be read in the several Meeting-Houses of this Prov. ince tomorrow, and afterwards posted up, the Proclamation to be in the tenor and form hereafter expressed and to be signed by the Secretary. per order of the Council.

Chas. STORY,


Province of New Hampshire.

A PROCLAMATION. Whereas several soldiers under the command of Capt. Samuel Chisley, upon the present Expedition, hath deserted her Majesty's service by running away from their Colours ;

These are therefore to make known to all and every such deserters, that if they do render themselves in two days time to any of her Majesty's Council in her Majesty's Province of New Hampshire, or at the house of Mr. Pepperell, over against the Great Island, soe as to goe on board of Capt. Blew, in order to return to the Camp, they will have his Excellency's the Governour's favour, and be acquitted of Corporal punishment; otherwise they will be proceeded against with the utmost severity of Law.

Given at the Council Chamber, at Portsmouth, the 230 July, in the sixth year of her Majesty's Reign, that is now over England, &c. Anno Domini, 1707.

Per order of the Council.

Chas. Story,

Secretary [P. 200.]

Ordered, that the Secretary write to the several Captains of the several Towns that they make known to any of Captain Chesley's men that are deserted, that if they shall within two days render themselves to some of her Majesty's Council within her Majesty's Province of New Hampshire, or at the house of Mr. Pepperell's over against the Great Island, soe as to goe on board of Captain Blew, in order to return to the Camp, they will have the Governour's favour, and be acquitted of Corporal punishment: otherwise they will be proceeded against to the utmost severity of the Law.

Ordered, that the Secretary write to Major Smith, that there be a strict watch kept at Sandy Beach, as was formerly, there being more than ordinary expectation of danger.

Letter from Gov. Dudley.

Boston, July 28th, 1707. Upon the Report of the Gentlemen of the Council, annexed, referring to the fees to the Capt. and Gunner of the Fort at New

Castle; I do hereby strictly command that there be eighteen pence, and noe more taken as fees from vessels passing, for the whole fees of the two officers abovesaid, which shall be directed and divided between the said officers, upon a hearing between them; as the said officers will answer that default at their peril: And the Secretary is hereby directed to give a Copy of this Order to the Commanding officer at the Fort, and to acquainte all persons concerned herewith, and to enter the whole proceeding in the Council Book, to be of Record there. Given under my hand.


Trial before the Superior Court of Judicature, of

the Province of New Hampshire.


August 12th 1707.

(In the History of New Hampshire (Farm. Belk. pp. 158-166), Dr. Belknap has given a succinct account of the great trial of Title to lands in the Province of New Hampshire, which was commenced in the Action, MASON FS. WALDRON, 1683; renewed from time to time, and finally terminated before the Superior Court, Allen vs. WALDRON, in August, 1707. All the papers, with the course of proceedings in the Courts, were placed on file in the Clerks office at Exeter, where they have been carefully preserved. Through the coure tesy of Charles G. Connor, Esq., Clerk of the present Supreme Judicial Court for the First District, the Editor has been permitted to take copies of the afore said papers. They are deemed of so much importance in the history of the State as to justify and require publication in full.

In transcribing these papers, the Editor has followed the order in which they are filed, endorsed and numbered, in the following “Memoranda." The copy of each paper is meant to be exact. Some of the Nos., as will be seen, are referred to as already in print, and accessible. The "Bond for Appealt, No. 44, does not appear on file. If entered into as required by the Court, the sum of two hundred pounds," the prosecution was not carried out: tor, as Dr. Belknap says, “ The loyalty of the people, and the distresses uc which they labored by reason of the War, prevailed on the Queen's mus? to suspend a final decision; and before the Appeal could be heard, Allens death, which happened in 1715. put an end to the suit, which his heirs, ons minors, did not renew.”

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