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& its dependencies, and thank your good advice; but the Debts of the Province at present are so heavy, that we cannot doe as we would if und' different circumstances.

We should be very thankfull to your Excellency if you will please to consider, that 'tis Harvest time wth us, & promise yo Excellency to do what is proper for us to shorten the present sessions.

[P. 139.] A message to the House by George Jaffry & Richa Wibird, with a draught of the sea-coast, & river of Piscataqua, by Capt. Cyprian Southack, and a memorial relating thereto; also, a bill entitled an Act in addition to the Act for the due regulation of weights & measures, wch had its first reading at the board yesterday.

A message to the House by Mark Hunking and Rich Wibird, Esqs., wth a vote of the board for appointing an Agent to manage the affairs of this Governmt in England.

The petition of Samuel Hinkes, wch was suspended from May last to this present sessions, being read, it was Ordered, That the consideration thereof be further put off till to-morrow, 10 o'clock, forenoon, & that the Heirs of Edwd Polly be notifyed thereof, that they may attend & object if they see fit.

A message to the board by Jotham Odiorne & Andr Wiggin, Esq., with a vote to repeal the Act relating to Iron Oar. Adjorned till to-morrow, 10 o'clock, A. M.

Pro: N. Hamp'.

At a Gen' Assem. held at Portsm° by adjornm', Sept. 26th, 1719.

Present in Councill,

His Excellency Samuel Shute, Esq., Gov',

His Hon' John Wentworth, Esq., Lt. Gov',

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Mr. Sam' Hinkes appeared at ye board to prosecute his petition wch was read yesterday, & the heirs of Edwa Polly also appeared, to Answer. It was then resolved at the board that the hearing & consideration thereof should be suspended, till the Govs next coming into this Province.

A message to the board by Col. James Davis & Mr. Epha Dennet with the Draught of the sea-coast & river of Piscat", by Capt. Southack, & his memorial relating thereto, wch was laid before the

House yesterday; the Draught was withdrawn by the Lt. Gov'. The memorial is on file.

[P. 140.] A message from the House by Col. James Davis and Mr. Rich Dennet entered wth a bill for destroying unruly and ravenous dogs (not acted upon at the board), by the same message to the board as vote as follows:

In Councill.

The Committee appointed for settling the town bounds within this Province, &c., made their return & gave in a copy of their journal to his Honour ye Lt. Gov', which return and journal, both dated Dec 24th, 1718, were this day by him laid before the board, wch were accepted.

Voted, That the return be & hereby is confirmed, & yt the bounds therein mentioned shall be the established lines & boundaries for all the Towns therein mentioned, & that it be sent down for concurrence.

Decem' 30th, 1718.

Rich Waldron, Cler. Con.

Read in the house of Representatives three times & voted a concurrence (1).

26th Sept., 1719.

Josh Peirce, Cler. Assem.

A message from the House by Jotham Odiorne & Andr Wiggin, Esq., praying that their vote for repealing the Act about Iron Oar, wch was sent to the board yesterday, might be returned to the House to be amended; and the same was sent to the House by the Clerk of the Coun', accordingly.

A message to this board by James Davis, Esq., & Mr. Epha Dennet, wth ye vote about Iron Oar amended; the amendment was (Voted) scratched out & (we pray) added instead thereof, as on file. The two following votes came to hand by the same message:

Voted, That the Grand Committee for letting out the fifteen thousand pounds raised in October, 1717, be desired to lay the ac

(1) [From Journal of the House.]

Mr. Jotham Odiorn, Esq., & Capt. Hugh Reed enters their Decent against ye Return of the Comittee for settling ye lines & boundaries between ye several Towns w'thin this Province (viz.), ye lines between Portsmo. & New Castle.

count of said £15,000 before the Gen' Assem. at their next sessions.

26th 7br, 1719.

Epha Dennet, (1) Cler. Assem.

In Councill.

Eodem die. Concurred.

Rich Waldron, Cler. Con.

[P. 141.]

In the House of Representatives.

Voted, That his Excellency be presented with one hundred pounds, & to be paid out of the Treasury of this Province.

Josh Peirce, Cler. Assem.

In Councill.

Eodem die. Voted, a concurrence.

Rich Waldron, Cler. Con.

In Councill.

Whereas, by the deaths of sundry members of the Councill, there is not a sufficient number of Councillors, Thomas Packer, Esq., was sent for, who appearing at the board, was then voted & admitted a member of the said Councill, to whom were administered the oaths appointed by law; & then he took his place at the board accordingly.

A message to the house by George Jaffrey, Esq., to inform them that Thomas Packer, Esq., was chosen a member of his Majties Council & admitted to the board, & to direct them to choose a new Speaker.

Mr. John Partridge preferred a petition and complaint to the board agst his son Jona, as on file.

A message to the board by James Davis, Esq., that Mr. Josh Peirce was chosen speaker of the house, in the room of Thomas Packer Esq., lately removed into the Councill.

Prorogued to the first Wednesday in December next.

(1) [From Journal of the House.]

Whereas, Capt. Packer, ye former Speaker, is this day removed to ye Council Board, by his Excellency's order, & a new Speaker chose in his room, which was by a general vote cast upon Josha. Peirce, who was presented to his Excellency & accepted:

The House returned from Council Chamber & chose Mr. Epha. Dennet el'k for ys house & swore him to his office.

The House sent up for into Council Chamber & prorogued ym to the first Wednesday in Decemr. next, by his Excellency, Saml. Shute.

26th Sept. 1719.

Pro: N. Hamp.

At a Gen' Assembly held at Portsm by prorogation, Dec 24, 1719.

Present in Councill,

His Hon' John Wentworth, Esq., Lt. Gov',

George Jaffrey,

Sam' Penhallow, Esqs.

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A message to the house by the Clerk of the Councill, to require their attendance at the Council Chamber. Mr. Speaker and the house came up accordingly, & then his Hon' was pleased to propose an addition to the [P. 142.] Committee appointed to run the partition line between this Province & the Mass, & nominated Sam' Penhallow & George Jaffry, Esqs., wch was consented to, & then the speaker & house withdrew to their own room.

A message from the House (1) by Mr. Epha Dennet, with the following vote: Whereas, there is an ord" from the board of trade for running the Dividing line between this Province & the Province of the Massa:

Voted, That Mr. Speaker Peirce, be chosen of this House to joyn with the Committee chosen last May sessions for that end (2). Epha Dennet, Cler. Assem.

Dec. 24. Concurred in Councill.

Rich Waldron, Cler. Con.

Mr. Speaker Peirce brought & laid the following vote before the board;-entered at the foot of the petition referred to, wch is on file.

The petition above was read and considered, & ordered that the

(1) 2 Decem., 1719. The House met according to Prorogation.

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Sir, I am directed by the Hon'ble ye Lt. Govr. & Coun. to signify to you, That the Genl. Assem. of New Hampr. have appointed commissioners to meet the Gentn. appointed by ye Massa. Governmt. to confer about, & resolve upon ye divisional or partition line between ye two provinces; and that the Hampr. Gentn. will attend the service at Mr. Woodbridge's Tavern at Newbury, on Wednesday next; when & where the[y] hope to meet ye Commissioners of yor. province. I have nothing further at present, save that I am, Sir,

To Mr. Secretary Willard.

Yor very humble servt.,

Richd. Waldron, Cler. Con.

Execution be suspended at p'esent, & that the aboves sum of three hundred twenty-eight pounds received by several judgments, together with the five pounds nine shillings cost, be paid out of the treasury as soon as money can be brought into it.

In Councill.

Josh Peirce, Cler.

Voted a concurrence, & that his Hon' the Lt. Gov' be desired to issue out a warrant to the Treasurer accordingly.

Dec. 24, 1719.

Rich Waldron, Cler. Con.

Prorogued to the second Thursday in February next, 1719-20. Prorogued to the last Wednesday in March next, 1719-20. Prorogued to the twentyeth day of Aprill next, 1720. Prorogued to the twenty-sixth day of April, 1720.

[Copied from Belknap's Hist. of N. H., Vol. III., pp. 346-349. Boston, 1792.] The humble Apology of the People of Nutfield to his Excellency SAMUEL SHUTE, General, Governor and Commander-in-Chief of his Majesty's Provinces of the Massachusetts Bay and New Hampshire, in New England.

May it please your Excellency,

The subscribers having seen a copy of your Excellency's letter to Captain White and Captain Kimball, find themselves under a necessity of vindicating themselves from the charges given in against them; it being allowable by the law of nature and of nations, to the greatest criminals, to defend themselves when they justly plead in their own vindication. We were surprised to hear ourselves termed Irish people, when we so frequently ventured our all for the British crown and liberties against the Irish Papists and gave all tests of our loyalty which the government of Ireland required, and are always ready to do the same here when demanded. Though we settled at Nutfield, yet we used no violence in the manner of our settlement, seeing no body in the least offered to hinder us to set down in a desolate wilderness; and we were so far from hindering the English that really had a mind to plant with us, that many of them are now incorporated with us. After our settlement we found that two or three different parties claimed Nutfield, by virtue of Indian deeds, and we were given to understand that it was necessary for us to hold the soil by some right purchased from the natives. Accordingly we made application to the Hon. Col. Wheelwright of Wells, and obtained his Indian right; which we have to show. His deed being of ninety years' standing, and conveyed from the chief Sagamores between the rivers of Merrimack and Piscataqua, with the consent of the whole tribes of the Indian nation, and well executed, is the most authentic we have seen; and the subscribers could not in reason think that a deed which is not twenty years old, of land which is not sufficiently butted and bounded, from an obscure Indian, could

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