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Ratification of the Act obliging the inhabitants of her Majesty's Province of New Hampshire to do Military service, was read at this Board, and Ordered that the Secretary enter the same in the Council Book.

Capt. Rednapp, her Majesty's engineer, was sent for to this Board, being asked if he had finished the breach of the two angles of her Majesty's fort, William and Mary, at Newcastle, and if he had any occasion to complain for want of laborers or workmen ; Answered, he had finished what he was directed by his Excellency and this Board to do, and that he had been well attended with laborers and workmen.

Ordered, that Capt. Walton, Commander of her Majesty's fort, William and Mary, forth with dismiss all the Quakers under confinement in the said fort, and signify the same to Capt. John Tuttle, of Dover, And that the said Quakers had done no duty at the said fort; and that the Secretary issue forth an order to Capt. Walton accordingly.

Pursuant to his Excellency's Letter of the 15th July, 1705, signifying that the Secretary's defalcations upon Beef might be considered, and that 1716: 14", being the remaining of the Treasurer's account, be Ordered to be paid the secretary, till a further consideration at his Excellency's next coming there,

Ordered, that the Treasurer pay the Secretary the said 1716: 14*, accordingly.

Ordered, that the Treasurer deliver three barrels of Powder to Capt. Walton, which he received upon Tonnage of shipping for the Province use, and that the Treasurer take Captain Walton's receipt for the same.

[P. 196.] L' Attkinson del“ into this Board an account of all the guns, stores, &c., belonging to her Majesty's fort, Wm and Mary, as upon file.

Samuel Penhallow, Esq., Treasurer and Commissary General, took the following Oath :

That since the year 1699, he hath received of all ships

or vessels coming into the River the full duty of powder money or species, according to their Tonnage, and the Acts of this Province for such duty, excepting only the two Mast ships, who have several times been abated by Orders of Council, or excepting any other in the like nature.

Upon the request of Robert Smart, son of Robert Smart of Exeter, in said Province, deceased, and reputed brother to John Smart formerly of said Exeter and late of New York, deceased, desiring to be so certified under the public seal of this Province, and several of this Board well know

the same,

Ordered, that the Secretary draw a certificate accordingly, to be signed by the first nominated person in the Council, and counter signed by the Secretary, and to affix the public seal of the Province Thereto.

Pursuant to his Excellency's Letter of the 17th instant, Ordered that tle Assembly be prorogued till the first Wed. nesday in October next, and that the Secretary give notice to the Assembly accordingly.

[P. 197.]

ANNE R. [Duplicate.] Additional Instruction to our Trusty and well beloved

Joseph Dudley, Esq., our Capt. General and commander in chief of our Province of New Hampshire, in New England, in America; and in his absence to the Commander in Chief of our said Province for the time being. Given at our Castle at Wind8or the 17th day of July, 1704, in the third year of our Reign.

Whereas by the third article of our Instructions to you, according to several Laws relating to the Trade and navigation of this our kingdom of England, and our colonies and plantations in America, You are required to take care and give in charge that no goods or commodities whatsoever be imported into, or exported out of, our Province of New IIampshire under your government, in any ships or vessels, but in such whereof the master and three fourths of the Marriners, at least, are English; and whereas by a clause in an act past the last session of Parliament, entitled an act for raising recruits for the land forces and marriners, and for dispensing with part of the act for the encourage

ment and increase of shipping and navigation during the present war (copy whereof you shall herewith receive), It is enacted that during the present war and no longer, The number and proportion of marriners to sail in such ships or vessels, which by laws now in force are limited to the master and three fourths of the Marriners to be English, shall be enlarged to the master and one moiety of the marriners at least to be English: It is our will and pleasure that you take care and give in charge to the proper officers that the said act be observed in our Province of New Hampshire, under your government, during this present war accordingly.

A. R.

[P. 198.] Copy of a clause of an Act past in the third year

of her Majesty's reign, entitled, An Act for raising recruits for the Land forces and Marines, and for dispensing with part of the Act for the encouragement and increase of shipping and navigation during the present War:

And whereas, by the Laws now in force, the navigating of shipps or vessels in diverse cases is required to be the master and three fourth part of the marriners at least being Englishı, under divers penalties and forfeitures therein contained; And whereas, great numbers of seamen are employed in her Majesty's service, for the manning of the Royal Navy, soe that it is become necessary during the present war to dispense with the said laws, and to allow a greater number of foreign marriners for the carrying on of Trade and Commerce: Be it therefor enacted by the Authoritye aforesaid, that during the present Warr, and no longer, the number and proportion of marriners to sail in such shipps or vessels, which by any law now in force are limited to the master and three fourths of the marriners to be English, shall be enlarged to the master and one moiety of the marriners at least to be English ; And that it shall and may be Lawful to and for the owner and owners of any such shipp or vessel to navigate the same with such marriners, whereof the master and one moiety of the marriners at least

shall be English, without incurring any penaltye or forfeiture for so doing; and without subjecting the goods or merchandize loaden on such ship or vessel to any other Customs, duties or payments than should have been paid for the same in case the same shipps or vessels had been navigated by a master and three fourths of the marriners being English, any former Law or statute to the contrary thereof in any wise, notwithstanding

[P. 199.] 224 November, 1705. The General Assembly met, and, pursuant to his Excellency's Letter of the 16th of November instant, the said General Assembly were prorogued until the 29th day of November, at twelve o'clock.

29th November, 1705. The Assembly met, and, pursuant to his Excellency's letter of the 264 November, they were prorogued to Thursday, the sixth day of December, at twelve of the clock.

6th December. The Assembly met, Pursuant to his Excellency's letter of the third of this instant December. The Assembly were prorogued till the thirtieth instant, at twelve o'clock.

Province of New Hampshire.

At a Council and General Assembly,
held at Portsm', by prorogation, the
13th December, 1705, Ante Merediem.

Present,
His Excellency Joseph Dudley, Esq., Governor,
Peter Coffin,

Sam' Penhallow,
Robert Ellott, Esqrs. John Plaisted, Esqrs.
George Jaffrey,

Henry Dow, The Assembly being sent for to this Board, accordingly came, and his Excellency made the foll. speech :

Gentlemen :

It is eight months since your last recess, during which time by the favor of Almighty God, the Province has been safe in all parts,

notwithstanding the scouts of the enemy look upon us everywhere. It is what I expected from the distance the Indians are now lodged from us; And therefore I abated any standing forces and counted a small marching party for a short time sufficient; but our security this winter must depend upon a large circular march once a month at least, for which I shall give speedy order; And if the ordinary marches of the forces in the Province of Maine be duly kept, and the poor people will bear the inconveniences of their strict Garrisons, we shall be safe.

Mr. Treasurer acquaints me the Province is in Debt, which I have directed him to lay before you, which with the growing charge must be provided for.

I must acquaint you that I have before me the complaint of the officers that followed Lt. Colonel Hilton to Neridgawack, that they were paid no otherwise than private sentinels. I am sure you will allow me to march the Queen's Subjects in this necessary service, as I shall think fit; and when I have soldiers I must have officers, and they must be paid. I have used all methods possible to keep the Province casy, and you shall not need to study that point lest you discourage your best men to the hurt of the service; for though I can draw men out of the files, Officers expect, as they deserve, other treatment, or the service will utterly fail.

If you have any thing for the benefit of the Province to offer me, I shall heartily put it forward as the short session will allow.

[P. 200.] Province of New Hampshire.

At a Council and General Assembly,
held at Portsmouth, the 13th day of
December, 1705, Post Merediem.

Present,
His Excellency Joseph Dudley, Esq., Governor, &c.,
Wm Vaughan,

Sam' Penhallow,
Peter Coffin,

John Plaisted, Esqrs. Robert Ellott,

Esqrs.

Henry Dow, George Jaffrey,

Major Wm Vaughan, Esq., was sworn a member of Her Majesty's Council, and took the oaths appointed by Law, &c.

Thomas Phipps, Esq., was sworn Clerk of the Council (Pro hac vice) and took the oaths appointed by Law, &c.

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