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Records of Council.
Note by the Editor. [The RECORDS OF COUNCIL which follow, are copied from a MS. volume in the Secretary's Office, arranged by the late John Farmer, Esq., from November 3d, 1696, to June 9, 1699. The said Records are in the hand-writing of Mr. Farmer, transcribed by him from a MS. volume also in the Secretary's Office, in the hand of Henry Penny, Esq., Secretary of the Council. The copy by the Editor has been carefully compared with the original record by Mr. Penny.
Interspersed with the Records of Council will be found many papers of much value, relating to, and explanatory of, the acts of the Council, in the same period. The reader should be apprised, that, for a full understanding of the subjects treated of in the “ Records of Council,” it will often be necessary to refer to the " JOURNAL OF THE COUNCIL AND ASSEMBLY,” which follow the said Records in this volume, for the same period.]
At a Council held at New Castle
November 30, 1696.
Esqs. Nath Wear
Mr. William Stratton, presented a petition to this Board, setting forth that he was Master of the Brigantine Tryalle, and taken in Newfoundland, and was ordered to bring back the prisoners to Boston, and was detained by one Mr. Richard Anthony, and Mr. E. Stratton ; and Mr. Anthony, being
present, Mr. Stratton produced the grand Bill of State for the Brigantine Tryalle from Mr. Peter Butler to Mr. Barpute and Mr. Bassett owners &c. of said vessel; and orders for said Wm. Stratton to be master of the said Brigantine bound from Boston to Newfoundland as per papers filed : Which being, Mr. Anthony was demanded what he had to show, whether he had a bill of sale. Answered, he showed it to the Lt. Governor, but had it not. The Council demanded of sd Anthony whether he had a condemnation for sa Brigantine. Mr. Anthony being demanded as above, answered No.
Mr. Anthony making nothing appear why the vessel should not go to Boston to her owners, the Council ordered the said Stratton to take out his clearing from the officers ; and that he might have his permit to sail for Boston, & that if Mr. Anthony has anything to say, the law was open and he might arrest the vessel, otherwise the vessel has liberty
Ordered, that the Deputy Secty. be of the Commity to receive the Claims.
Whereas, application has been made by Capt. Tuttle and Capt. Woodman that they are out of provisions in the frontiers, and without further and speedier supply of subsistance the soldrs must be drawn off, and nothing appearing in the Treasury to supply with provisions, It is therefore ordered, that a copy hereof be forthwith sent to Lt. Col. Thomas Packer, signed by the President with advice from this Board, to visit the Garrisons in Dover and Oyster River, and wherever he shall find the inhabitants willing to subsist the soldiers. Passed until further care can be taken for subsistance there to continue so many as are posted there, and such as are not willing to subsist the soldiers aforesaid, to draw them off until further orders, taking their answers from under their hands; and the Lt. Coll. shall have power to order men out of Hampton & Portsmouth in proportion for those that remain pasted, for which this shall be the Lt. Col's Warrant.
Ordered, that the Collector pay unto the Treasurer £9:7:0, it being ball. for his account.
Ordered, that the Treasurer pay £9:0:0 unto the President for use of the soldiers at the Fort William and Mary, at New Castle.
Ordered that Maj. Smith and Capt. Hall dismiss the soldiers posted at Hampton and Exeter, on Monday next, until further orders.
Ordered the Treasurer pay unto the Dep. Sec. £14:0, itt being in full for his salary from the sixth day September 1695, to sixth day of this inst. 9ber, 1696.
Ordered that Thursday the 12th of this instant be kept as a day of Public Thanksgiving throughout this Province, & all servile labor is forbidden thereon. The President and Mr. Elliott appointed to draw up the Proclamation.
Ordered that the second Thursday in December next be kept as a day of Humiliation throughout this Province, forbidding all servile labor thereon; and Mr. Green, Mr. Weare and Mr. Smith are appointed to draw up the Proclamation.
The Deputy Sect. making application that he being removed in New Castle and itt being not convenient to keep his Commission for Capt. [in] Portsmouth, desired he might lay down his commission.
The Council granted the same.
(Prov. Rec. B. I. p. 189.] Letter from Wm. Stoughton, Lieut. Gov. of Massachusetts. The Generall Assembly of his Majtys Province of Massachusetts Bay, reassuming the consideration of the manifold inconveniences and detriment to his Majtys interests by the supplies conveyed unto his enemies, on pretence of relieving the French of Port Royal, who have professedly subjected themselves unto the obedience of the Crown of England; and however sincere their desires may be of living under the English Government, yet are liable to the out
rages of the Indians, and their ill neighbors of St. Johns River, in case they deny to hold correspondence with or afford supplies to them when they have it: Have thought it necessary to interdict all intercourse of Trade unto Port Royal, or any of the parts or places adjacent in Acadie or Nova Scotia, being within this Governmt, under severe penalties; and that no license be granted to any for the same: Of which it is thought necessary to make you acquainted, and to desire you to take care within your Gorernment to prevent and restrain any vessell or vessels from going out thence unto the parts or places afores', that there may be joint endeavours to pursue that which may conduce unto his Majtys service and be for the common safety; wherein I doubt not your readiness. Your affectionate friend, & humble servant
WM. STOUGHTON. Boston, Dec. 24, 1696. 66 To the Honble the President & Councill of his Majtys Province of
At a Council held at Portsmouth,
19th Jan 1696-7. Present.
John Hinks Esq. President. Peter Coffin
Nathaniel Weare Robert Elliott
William Vaughan Esqs. Henry Green
Richard Waldron Mr. Charles Story produced a commission before the Board for Judge of the Admiralty within the Provincewhich was read and allowed of according to the powers therein contained, bearing date the 17th day of June 1696, and the same ordered to be recorded. Mr. Charles Story was also admitted Secretary of the Province and Clerk of the Council and took the oaths accordingly.
Held the 20th ditto.
Present ut supra
Held the 21st ditto.
Present ut supra. Ordered, that the Secretary do forth with signifie from this Board to the sever Capts of the respective towns within this Province, that they are required within their several limits to take effectual care that Watches, Wards and Scouts be constantly kept for the discovery of the enemy and prevention of being surprised by them ; and that for the future they obey the orders of Major Wm. Vaughan as Major.
Ordered, that notice be given by the Secretary from this Board to Lt. Col. Thomas Packer, that for the future he do not exercise the office of Lt. Colonel over the Militia of the Province, nor that of Judge of the Probate of Wills and Grant of Letters of Administration, by being hereby dismissed from both those offices.
Ordered, that notice be given by the Secretary from this Board to Major Joseph Smith that for the future he do not exercise the office of Major over the Militia of this Province, nor that of Treasurer of ye Province, being hereby dismissed from both those offices.
Ordered, that Wm. Vaughan be desired to take upon him the command of the Militia of this Province as, Major, according to the tenor of his former commission and that the said Wm. Vaughan be Treasurer of this Province.
Ordered, that John Hinks Esq. President, be desired to take the command of his Majesties Fort and Compa. of Soldrs at New Castle, together with the charge of all his Majesties Stores belonging thereunto; and that Theodore Atkinson be his Lieut.
Ordered, that notice be forthwith given to Capt. John Woodman and Capt. John Tuttle to attend the Council at Portsmouth on Monday next, being the 25th inst. at ten of