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B. II. p. 61.

At a Council held the 1st of August,

1693.

Present

John Hincks, Esq. Prest.
Nath'. Fryer

Nath'. Weare
Rob'. Elliott
Esqs.

Wm. Vaughan Esqs.
Peter Coffin

Richd. Waldron
Henry Greene
The other House having sent up a Bill for raising 200 lb.; upon

gers there: Provided always that our said Lycence soe as above granted for the establishing, making and laying out of streetes, lanes, highways, ferry places and Bridges, be not extended or construed to extend to the taking away of any person or persons Right or Property without his, her, or their consent, or by some knowne law of our Province: To have and to hold and enjoy, all and singular, the premisses aforesaid, to the said Men and Inhabitants of the said Towne of New Castle and their successors forever, Rendring and paying therefore unto us, our heirs and successors, or to such other office or officers as shall be appointed to receive the same yearly, the annual quitt rent or acknowledgement of Owne Peppercorn in the said Towne, on the five & twentieth day of October, yearly, forever. And for the better order, rule and government of the said Towne Wee doe by these presents Grant for us and our successors unto the men and Inhabitants of the said Towne, That yearly and every year upon the first Tuesday of March, forever, they, the said men and Inhabitants of our said Towne shall elect and choose by the major part of them two sufficient and able men, householders in the said Towne, to be Constables for the year ensuing, which said men so chosen and elected shall be presented by the then next precedeing Constables to the next Quarter Sessions of the Peace, to be held for the said Province, there to take the accustomed oaths appointed by Law for the Execution of their offices, under such penaltyes as the Law of our said Province shall appoint and direct upon refusall or neglect therein. And Wee doe by these presents Grant for us, our Heirs and successors, unto the men and Inhabitants of the said Towne, That yearly and every year upon the said first Tuesday of March, forever, they, the said men and Inhabitants of our said Towne, or the major part of them, shall elect and choose three men, Inhabitants and householders, within our said Towne, to be overseers of the poor and highways, or selectmen for our said Towne, for the year ensueing, with such powers, privileges and authorities as any overseers or selectinen within our said Province bave and enjoy or ought to have and enjoy. And Wee doe further by these presents Give and Grant for us, our Heires and successors, unto the men and Inhabitants of the said Towne and their successors, forever, That they shall have and enjoy and use the Ferry the days of the Fairs of New Castle, aforesaid, forever, to be held there every Wednesday, and one Fair for two dayes, to witt, on the first Tuesday and Wednesdaves of July, forever, together with all issues and profits to the said Market and Fair accrewing or happening, and all liberties and free customs, priviledges and emoluments to the said Market and Fair belonging or appertaining: To have and to hold the said Market and Fair with issues and profits and liberties and free customs, priviledges and emoluments to the same or either of them accrewing or happening, belonging or appertaining to the said men and Inhabitants of our said Towne of New Castle and their successors, forever. In testimony whereof Wee have caused the Seal of our said Province to be hereunto affixed. Witness, John Usher, Esqr., our Lievetennt, Gorernor and Commander in Chiefe of our said Province at our said Towne of New Castle, the thirtyeth day of May, in the fifth year of our Reigne, Annoque Domi, 1693.

JN. USHER. By the Lievt. Governours Command,

Tho. DAVIS, Sec'ry.

reading the same, the other House was sent for; — whoe, attending

The Presidt desired to know what should be done with the 200 lb.; say, 118 lb. was to pay the treasurer; the rest to goe to defraye the charge of the out garrisons which they conceive would be sufficient for 2 months.

Mr. Waldron is excused from attending the house until Thursday next. Adjourned to 10 o'clock, tomorrow.

At a Councill held the 2d of August,

1693. [Present- the same except Rich. Waldron.] That it be referred to Mr. Elliott and Mr. Coffin to consider of the Bill sent from the other House concerning the importation of goods from Boston, & to report what they think fitt to be done therein.

Adjourned to 10, tomorrow. [Present — the same]

Adjourned to 12, tomorrow.

Nath'. Fryer, Esqs.

William Yamahan,}

B. II. p. 62.

At a Council held the 4th of August,
1693.

Present
John Hincks, Esq. President

,
Robt Elliott,

Waldron,

Esqs. Henry Greene, The Bill concerning Ministers &c. sent from the other House, being agreed to as it was, sent down.

The Bill for preventing profanation of the Lord's day, agreed to by both Houses.

The Bill concerning the Post Office, sent from the other House, to which this House concurs.

An addition to the Bill to compel constables to gather the Rates sent up & agreed to by the other House, as it was sent down.

Ordered, That the Secretary carry the several Bills to the Lieut. Govern".

Adjourned to 10 o'clock, tomorrow.

At a Council.

The Councill being moved that a leave may be given for the freeholders of New Castle to convene together and choose commissioners, selectmen, and other officers, for carrying on the Prudential affairs of the town the which was granted.

That the Treasurer pay for the use of the House and man's attendance.

Richa Waldron Esqs.

B. II. p. 64.

At a meeting of ye Councill at

Gr. Island, the 25th Aug. 1693.
Present — John Hincks, Esq. President
Nath'. Fryer

Wm. Vaughan
Robt. Elliott Esqrs.

. Peter Coffin Upon advice from ye L' Govern". that Col. Fletcher has given information to ye Government of Boston of his fears of some of ye 5 Nations being drawn over to the French enemy, & that a considerable number of French and Indians are come over the Lake(1) with a design of an attack upon some of these his Majesties' Provinces: For ye better security of their Maj'ties' subjects within this Province, it is ordered That the several Capts. & committees of Militia in the respective towns, doe take especial care to continue their Garrisons, watches, wards and scouts; & that ye soldiers posted in ye frontier garrisons doe continue in their several posts till further order.

PROVINCE OF THE MASSACHUSETTS BAY, IN NEW ENGLAND.

[1693.] The Submission and Agreement of the Eastern Indians, at Fort

William Ilenry in Pemaquid, the 11th day of August, in the fifth year of the reign of our Sovereign Lord and Lady, William and Mary, by the grace of God, of England, Scotland, France, and Ireland, King and Queen, Defenders of the Faith, &c. 1693.

[Copied from Math. Mag., Vol. II. pp. 625-626. Hart. Ed. 1853.] “Whereas a bloody war has for some years now past been made and carried on by the Indians within the Eastern parts of the said

(1) (The “ Five Nations” of Indians were composed of Mohawks, Oneidas, Onondagas, Cayugas, and Senecas; they inhabited at that time in Western New York and about the shores of Lake Ontario, and were classed under the general name of Iroquois.)-ED.

Province, against their Majesties' subjects, the English, through the instigation and influences of the French; and being sensible of the miseries which we and our people are reduced unto, by adhering to their ill council: We, whose names are hereunto subscribed, being Sagamores and Chiet Captains of all the Indians belonging to the several rivers of Penobscote and Kennebeck, Amarascogen and Saco, parts of the said Province of the Massachusetts Bay, within their said Majesties' soveraignty, having made application unto his Excellency Sir William Phipps, Captain General and Governour-in-Chief'in and over the said Province, that the war may be put to an end, do lay down our arms, and cast ourselves upon their said Majesties' grace and favour. And each of us respectively for ourselves, and in the name and with the free consent of all the Indians belonging unto the several rivers aforesaid, and of all other Indians within the said Province, of and from Merrimack River unto the most easterly bounds of the said Province: hereby acknowledging our hearty subjection and obedience unto the Crown of England; and do solemnly covenant, promise and agree, to and with the said Sir William Phips, and his successors in the place of Captain General and Governour-in-Chief, of the aforesaid Province or territory, on their said Majesties' behalf in manner following: viz.

" That at all time and times for ever from and after the date of these presents, we will cease and forbear all acts of hostility towards the subjects of the crown of England, and not offer the least hurt or violence to them, or any of them, in their person or estate: But will hence forward hold and maintain a firm and constant amity and friendship with all the English.

Item. = We abandon and forsake the French interest, and will not in any wise adhere to, join with, aid or assist them in their wars or designs against the English, nor countenance, succour or conceal any of the enemy Indians of Canada, or other places, that shall happen to come to any of our plantations within the English territory, but secure them, if in our power, and deliver them up unto the English,

“ That all English captives in the hands or power of any of the Indians, within the limits aforesaid, shall with all possible speed be set at liberty, and returned home without any ransom or payment to be made or given for them, or any of them.

“ That their Majesties subjects the English shall and may peaceably and quietly enter upon, improve, and forever enjoy all and singular their rights of lands, and former settlements and possessions within the eastern parts of the said Province of the Massachusetts Bay, without any pretensions or claims by us, or any other Indians, and be in no wise molested, interrupted or disturbed therein.

“6 That all trade and commerce, which may hereafter be allowed between the English and Indians, shall be under such management and regulation as may be stated by an Act of the General Assembly, or as the Governour of the said Province, for the time being, with the advice and consent of the Council shall see cause to direct and limit.

“If any controversie or difference at any time hereafter happen to arise between any of the English and İndians, for any real or

supposed wrong or injury done on one side or the other, no private revenge shall be taken by the Indians for the same, but proper application be made to their Majesties government upon the place, for remedy thereof, in a due course of justice; we hereby submitting ourselves to be ruled and governed by their Majesties' laws, and desire to have the benefit of the same.

“In the full manifestation of our sincerity and integrity in all that which we have herein before covenanted and promised, we do deliver unto Sir William Phips, their Majesties Governour as aforesaid, Ahassombamett, brother to Edgeremett, Wenongahewitt, cousin to Madockawando, and Edyeremett, and Bagatawawongon; alias Sheepscoat John, to abide and remain in the custody of the English, where the Governour shall direct, as hostages or pledges for our fidelity, and the true performance of all and every the foregoing articles, reserving liberty to exchange them in some reasonable time for a like number, to the acceptance of the Governour and Council of the said Province, so they be persons of as good account and esteem amongst the Indians as those which are to be exchanged. In testimony whereof, we have hereunto set our several marks and seals the day and year first above-written. EDGEREMETT

JOHN WING
MADOCKAWANDO

NICHOLAS MANNING.
WASSAMBOMET of Navidgwock. BENJAMIN JACKSON,
WENOBson of Teconnet, in behalf Robin DONEY
of Moxus.

MADAUBIS,
KETTERRAMOGIS of Narridgwock. PAQUAHARET, alias NATHANIEL
AHANQUIT of Penobscot.

John HORNYBROOK,
BOMASEEN

John BAGATAWAWONGO, alias NITAMEMET

SHEEPSCOAT JOHN, WEBENES.

PuiLL. OUNSAKIS, Squaw, AWANSOMECK,

Interpreters."

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B. II. p. 112.

At a Councill held at New Castle

on Monday, the gth of Jan. 1694.

Present

John Hincks, Esq. President Nath'. Frver)

Henry Green
Robt. Elliott

Wm. Vaughan Esqs.
Peter Coffin
Esqs.

Rich Waldron
Nath' Wear
Ordered, That whereas there has been presented unto this
Board a petition from Elizath Fabens concerning the proof of her
will, in that Capt. Packer hath taken from her the sum of three
pounds for probate of sd will; that Capt. Packer forbear to grant
any Probate of Wills, or Letters of Administration, till farther
ordered; & that he attend this Board on the last Tuesday this
inst., to answer the sd complaint.

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