Pro: N. Hamp'. At a Council Held at Portsm° July 25, 1717. Sam' Penhallow, Mark Hunking, Present. John Wentworth, ) Thom Westbrook, Esq. Esqs. Sam' Penhallow, Esq. laid a letter from the Gov' before this board, dated July 224, 1717, informing that his Excellency was bound to the eastward, to visit the Inds, and that he would be glad that Mr. Penhallow and Capt. Wentworth, and any other Gent" would accompany him from hence, [P. 372.] which letter being read and considered, it was resolved that the notices given being so short, ye Gent" of the Council, had not opportunity to prepare for y voy age, as a Govern', there being no vessel in ye harbor fitt for the service. Pro: N. Hamp❜. At a meeting of five of the Council at Mr. Field's, Aug 8a, 1717, viz. Whereas, on June 25, 1717, there was a letter read at the Council board, bearing date, July 224, 1717, from the Gov to Mr. Penhallow, importing that it would be agreeable to the Gov" for Mr. Penhallow and Capt. Wentworth, and any other Gent" of the Council, to accompany him on a voyage to the eastward, to make a visit to the Indians whither he was then going; and, Whereas y answer of y Council thereto was, that ye notification given was so short that ye Council had no opportunity as a Governm to prepare for ye voyage: But ye Council understanding afterwards yt the Govs voyage would not be so soon as they expected: Voted, That as many Gent" of the Council as see meet to attend the Gov' on sa voyage, be supported at the charge of ye Governm*. R. Waldron, Cler. Con. Augst 5th 1717. Sam' Penhallow and Mark Hunking, Esqs. informed the Clerk of the Council that he not being to be found on Saturday night last, to make a record of a vote of Council whch was then past, that they were now come, in yo name of the Council, to let him know wt ye vote was, & to order an entry thereof: it is as follows: Voted, That the Clerk of ye Council issue out a Proclamation for ye adjournmt of ye Superiour Court of Judicature, to Tuesday, ye 27th instant, for ye reason that two of the Justices of sd Court were going to the Eastward, to wait on his Excellency ye Gov', on a visit to ye Indus*. At a Council held at the Council Chamber in Portsm°, Sept. 30th, 1717. Present in Councill. His Excellency Sam' Shute, Esq. Gov'. Mark Hunking, Jno. Wentworth, Geo. Jaffrey, Esqs. Shad. Walton, Esqs. His Excellency the Gov informed this Board yt he had received a complaint from Sam' Penhallow, Esq. agst the Lt. Gov for his irregular proceedings agst him in suspending him from the Council wthout just cause; then his Excellency read that part of his Instructions, wch relates to This Conference and Treaty with the Indians will be found with other Indian Treaties in Vol. III of Province Papers.-ED. ye suspension of Councillors at the Council board, and asked the Lt. Gov whether he had any instructions that superceded his, or were contrary to them; the Lt. Gov' not producing any, it was ordered that the minute of Council ab Mr. Penhallow's suspension should be read; which being done, the Gov asked the opinion of the Council, whether the suspension was legal: They answered, it was illegal. The Gov asked the opinion of the Council, whether (whereas he had ordered the Lt. Gov' to prorogue the Assembly & he had p'etended to dissolve it; & whether since the Lt. Gov' had acted illegally in ye suspension of Mr. Penhallow) it was not for the Hon' of the Crown and the safety of the Province that the Lt. Gov' should be suspended from sitting in Council till his Majesty should be advised thereof, and his pleasure be further known. The Council answered, yes; & voted it, nemine contradicente. Whereupon his Excellency the Gov' pronounced him suspended accordingly; and afterwards, Mr. Penhallow was sent for and restored by the Gov', and took his place at the Council board accordingly. At a Council held at Hampton, 8br. 14th 1717. Present in Councill. His Excellency Sam' Shute, Esq. Gov. This day Maj' Peter Wear, Esq. appeared at this board and p'sented a pp [petition] to his Excellency ye Gov', signed by himself, wherein he acknowledges himself to have done amiss, referring to the last session of the Gen' Assembly, and asked pardon for his so doing: whereupon the Gov' pronounced him restored to his Major-ship, and with 711 the advice of the Council, to his Justice's place, and ordered that his bonds of good behaviour, &c. be delivered up unto him. Rich Waldron, Cler. Coun. Pro: N. Hamp". At a Council held at the Council Chamber in Portsmo, Xbr.7th, 1717. Present in Councill. The Honble George Vaughan, Esq. Lt. Gov'. John Wentworth, Esq. p'sented a Commission to this Board from his Majesty King George, constituting him the said Wentworth, Lt. Gov' of this Province; wch being read, the same was ordered forthwith to be published at the Market place: It was also ordered, that eleven guns be fired at the Castle, at the publishing s Commission, & that 25 pounds gunpowder be distributed among the foot companies in arms, and that two pounds mony be paid out of the treasury to the military officers and [P. 375.] souldiers; and that the treasurer support the charge of the Council and Gent" attending ye ceremony. The said Commission was published as aforesaid: after which the Hon'ble John Wentworth, Esq. took the oaths instead of the oaths of allegiance and supremacy, the abjuration oath and an oath faithfully to execute the office of Lt. Gov' of N. Hamp', and then took his place at the Board accordingly. Commission of John Wentworth as Lieutenant Governor of New Hampshire. GEORGE R. [From a copy in Secretary's Office.} GEORGE, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Faith, &c. To our Trusty and Well-beloved JOHN WENTWORTH, Esq. Greeting: Whereas, by our Commission, under our Great Seal of Great Britain, bearing date Fifteenth day of June, 1716, We have constituted and appointed Samuel Shute, Esq. our Captain General and Governor in Chief in and over our Province of New Hampshire, in New England, in America; and we reposing especial Trust and Confidence in your Loyalty, Courage and Circumspection, do, by these presents, constitute and appoint you, the said John Wentworth, to be our Lieutenant Governor, to hold, exercise and enjoy the said Place and office for and during our Pleasure, with all Rights, Privileges, Profits, Perquisites and Advantages, to the same belonging or appertaining: And further, in case of the Death or absence of the said Samuel Shute, We do hereby authorize and empower you to execute and perform all and singular the Powers and Directions contained in our said Commission to the said Samuel Shute, and such Instructions as are already or hereafter shall, from time to time, be sent unto him; so nevertheless, that you observe and follow such orders and Directions as you shall receive from Us, and from the said Samuel Shute, or any Chief Governor of our said Province of New Hampshire, for the time being. And all and singular our officers and ministers and loving subjects of our said Province, and others whom it may concern, are hereby commanded to take due Notice hereof, and to give their ready obedience accordingly. Given at our Court at Hampton Court, the 12th day of September, 1717, in the Fourth year of our Reign. By his Majesty's Command, John Wentworth, Esq. J. ADDISON. Lieutenant Governor of New Hampshire in America. |