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her Majesty's service, and also delivered in a table of fees belonging to his place.
[P. 178.] A vote was brought up to this Board from the House of Representatives to pray his Excellency to send twenty friend Indians to scout, &c., in this Province, and that they shall be paid and subsisted at this Province charge, &c.
Ordered, that Mr. Treasurer, with the advice and assistance of the members of the Council at New Castle, do forthwith hire two rooms at New Castle for the reception of the Lieut. Governor, the rent not exceeding ten pounds per
annum. Ordered, that the Treasurer pay to the Attorney General eight pounds for his attendance at the last Superiour Court, being specially directed so to do by the Governor, upon her Majesty's affairs there depending.
Ordered, that the Treasurer with all possible speed pay the officers and soldiers their salary and wages due to them to the 17th May last past, out of the 700lbs Rates.
Samuel Penhallow, Esq., Treasurer, his acctt of his payments and disbursements for the year 1704, was read at this Board and allowed and signed by his Excellency.
Adja till to-morrow morning, 10 o'clock.
29th August, 1704. Met, and adja till to-morrow morning 10 o'clock.
[P. 179.] Province of New Hampshire.
At a Council and General Assembly,
formerly allowed and not entered in the minutes of Council, now allowed, and ordered to be paid in course out of the public tax of this Province.
Ordered, that the Treasurer forthwith buy a Ream of good paper, for the use of this Board, and deliver the same to the Secretary for that purpose.
John Walker's Debenter, amo to 2, 15, 0, for summoning the Council, impressing of Horses, &c., allowed to be paid in course.
Elisha Bryer's debenter, amo to 7lbs, 10, 0, for attending the Council as door-keeper, &c., allowed to be paid in
Zachary Trickey's debenter, amo to 1, 13, 8, for ferriage for soldiers, &c., Allowed to be paid in course.
Job Alcok his debenter, amo to 1, 8, 2, for oars for her Majesty's service, allowed to be paid in course, &c.
John Partridge debenter, amo to 109, 64, for ferriage for soldiers, &c., allowed to be paid in course, &c.
Peter Coffin and John Plaisted, Esqs., their debenters, amo 115, 88, 04, for expences and for their time in apprizing Timber brought for her Majesty's fort, allowed to be paid in course, &c.
[P. 180.] Edward Polly, his debenter, amounting to 8, 6, 8, for riding post for her Majesty's service, allowed to be paid in course, &c.
Thomas Greely, his debenter, amo to 10$, for imprest horses, allowed to be paid in course, &c.
The petition of Col. Samuel Allen was read at this Board in hæc verba, himself being present :
To his Excellency Joseph Dudley, Esq., Capt. General and Governor, &c., of her Majesty's Province of New Hampshire, &c. The petition of Samuel Allen, Esq., Proprietor of said Province,
Humbly sheweth, That your petitioner, having sundry Actions depending in several of her Majesty's Courts of Judicature, wherein he must make use of several Records of Judgments Ob
tained formerly by his predecessor Mason against several persons of the Province; And having made application to Samuel Penhallow, Esq., the Recorder of this Province, for the said Judgments, upon searching the Book of Records for that purpose, the judgments are found to be cut of the Books, and so your petitioner greatly prejudiced and abused thereby. Wherefore,
Your petitioner humbly prays your Excellency to take the premises into your wise and just consideration; And if it be possible, some way to relieve your petitioner therein; and your petitioner as in duty bound, shall ever pray, &c.
The Gentlemen of the Council were enquired of how the Records of the Province had been kept; And it appeared, that the Books of Records were begun by Richard Chamberlain, Esq., Secretary of the Province, when Governor Cranfield arrived, The first Governor of this Province from the Crown [P. 181.] of England, in the year 1682 ; who held them until the time of the Revolution, when they were taken from him by Capt. John Pickerin, in the year 1689, and were by him delivered to Henry Penny by order of L Governor Usher, in the year 1691, and from the said Penny they were delivered to Thomas Davis, Secretary of the Province in the year 1693, by order of Governor Allen, and from him removed to William Redford, by order of Lieut. Governor Usher, in the year 1695.
And from the said Redford they were delivered to Major William Vaughan in the year 1697, by order of the Assembly and L' Governor Partridge, and from him to Mr. Samuel Penhallow, in the year 1702, by order of the Assembly and L* Governor Partridge, where they now are. The said Penhallow presenting the Book of Records, containing a Journal of the Courts from the year 1682 and continues to 1681, There was found twenty four leaves taken there out; where upon Mr. Penhallow was examined and gave the following oath :
Mr. Penhallow made oath in Council that he received the Book now showed (out of which twenty four leaves are cut)
and all other the books of Records, from Major Vaughan, in the month of June, in the year 1702, in such form as they are now kept, and particularly the Book shewed in Council, out of which twenty four leaves are cut in the same manner as it is now seen, and that they have been carefully kept.
And thereupon it was further ordered that Mr. Penhallow do attend at the office where all the other Records of this Province are kept at such times and hours as Mr. Allen shall desire, giving notice thereof the day before, that the said Mr. Allen may further search the Records for what papers or instruments or writings may any wise concern his affairs in this Province.
[P. 182.] Richard Jose's debenter, amo to 2:14: 0, for his attendance on his Excellency and Council, allowed and to be paid in course.
Upon the repeated petition of John Partridge, referring to ninety eight pounds, eighteen shillings, due from the Province of the Massachusetts and this Province for expences and subsistence of wounded men, &c., as appears by the several petitions,
Ordered that the Treasurer do forth with account with the said John Partridge what has been by the Assembly allowed, and pay him the remainder of forty eight pounds, eighteen shillings, and take a receipt for the same, and give him a certificate under the said Treasurer's hand, that he has paid him the said sum of forty eight pounds eighteen shillings, that he may there by be enabled to receive his just due from the Province of the Massachusetts, agreeable to the order made referring to this matter by the Assembly there.
Ordered, that William Cotton and James Randle Report the damage done to Captain Hunkins' marsh, by digging sods there for the repair at the fort at New castle, and that the same be paid by the Treasurer.
Ordered, that Colonel Romer within ten days next com
ing perfect his accounts of Expences at the fort, that they may be showed in Council.
In answer to the petition of Cross and Phillipps, soldiers at the fort at New Castle, there remaining a difference between John Hinkes, Esq., late Captain of the said fort, and the said Cross and Phillipps, wherein also Mr. Treasurer Penhallow is concerned,
[P. 183.] Ordered, Richard Waldron, Esq., and George Jaffrey, Esq., are appointed a Committee to hear, adjust, and determine those accounts; and Mr. Hinkes and Mr. Penhallow hath submitted to their determination, and will thereupon forthwith settle the matter with the petitioners, and to make just report if any thing be found due.
The several Bills following have been three times read, and passed both Houses, were consented to by his Excellency, and by him signed accordingly, viz:
A Bill for enabling the inhabitants to pursue the Enemy in the winter season.
A Bill for regulating the measures of Boards, Joists and plank.
Prorogued till Wednesday, the 224 November next, 1704.
[P. 184.] Province of New Hampshire.
At a Council and General Assembly held at Portsmouth by prorogation, on Wednesday the 24th January, 1704.
Present, George Jeffrey, Esq., Sam' Penhallow, Esq. Mr. Speaker and the Clerk pro tempore of the House of Representatives, came up to this Board, and acquainted them that they had adjourned their House till Wednesday, the 31st January, instant.