Page images
PDF
EPUB

and expence on the acct of this Province by order before this Board,

The Petition was read, and it is ordered that the Treasurer do pay unto the said John Walker the sum of five pounds for his service and expences on account of the Province.

Esqs.

Province of New Hampshire.

At a Council held at New Castle for this Province.
Lunæ Die, Maii 15th 1699.

Present.
The Honorable Samuel Allen Esq. Governor.
Nathaniel Fryer
Joseph Smith

Sampson Sheafe)

Esqs. Kinsley Hall

Nathaniel Wear An address to his Excellency the Earl of Bellomont was drawn and signed by the Council, as on file.

Ordered, that Capt. Shadrach Walton Esq. be added to the gentlemen appointed to wait upon his Excellency at Boston, to invite him unto this Province, & that his name be inserted in the address.

Ordered, that Thursday the 25th instant be set apart as a day of Fasting and Prayer unto Almighty God, to bless and preserve his Maj’ty, succeed his undertakings, and preserve his Excellency the Earl of Bellomont, & bring him in [lxx.] safety to us, pour out a spirit of reformation, pardon our sins, and heal our divisions; and that the Secretary draw up the same into form which was accordingly

did not find any of sd Books, Records, escripts, minutes or other wrightings afordsd; nither the person of sd Vaughan; but Mrs. Bridget, daughter of sd Vaugiaul, told me that her father was at Maj. Hammons, and if any body had any business with him might speak with him there; & Mr. Pittman, book-keeper to Maj. Vaughan, said, that all the books belonging to the Province weare carried away out of the house before the Maj'r went to New Yorke-but where he could not tell.

Pr. JOHN WALKER, Sheriff.

done, and approved of by the Governor and Council, copy whereof is on file.

The petition of John Tuttle of Dover as on file was read and debated.

Ordered, that the Treasurer, Major Joseph Smith, do pay unto Capt. John Tuttle of the sum contained in the acci he delivered into this Board for Soldiers wages and subsistance money out of Dover Rates, the whole sum being ninety-two pounds, six shillings ten pence, he is to pay the one half part, which is forty six pounds, three shillings five pence, and that the other half be paid out of the first money raised by the Assembly, after Major William Vaughan hath adjusted his account as Treasurer.

The accompt of Samuel Comfort for sundries for the Pinnace amounting to three pounds, one shilling sixpence, was read and debated.

Ordered, that the accompt of Samuel Comfort be allowed and that the Treasurer do pay the same.

The accompt of Francis Tucker for Warehouse room for his Majitys Stores was read & ordered that it be referred to the next Council day.

At a Council held at New Castle,
Veneris die, Junis nono, 1699.

Present.
The Honorable Samuel Allen Esq. Governor.
Nathaniel Fryer, Esq.

Sampson Sheafe,
Joseph Smith, Esq.

Nathaniel Wear Esq. Ordered, that Major Joseph Smith, Esq. Treasurer, do advance the sum of one hundred pounds out of the four hundred pounds Rate for the reception of his Excellency the Earl of Bellomont, according to the Act of Assembly January the 7th last past, there being not at present monies sufficient from the duties of Impost and Custom and Excise

appointed to defray the said charge, and [Lxı.] that Major Joseph Smith do take care to make due provision accordingly for his Excellencys reception and entertainment here.

Ordered, that the Treasurer do pay unto John Usher, Esq. himself and Capt. Shadrach Walton, Esq. ten pounds for their disbursement in going for Boston with the address from the Governor and Council of this Province unto his Excellency the Earl of Bellomont.

Commission of the Earl of Bellomont.

(From a Copy in the Secretary's Office.) WILLIAM THE THIRD, by the Grace of God, of England, Scot

land, France, and Ireland, king and defender of the Faith, &c. TO our Right Trusty and Right well beloved Cousin Richard, Earle of Bellomont, Greeting:

WEE, Reposing especiall trust and Confidence in the Prudence, courage and loyalty of you the said Earle of Bellomont, of our especial grace, certain knowledge and meere motion, have thought fit to Constitute and appoint, and by these presents doe Constitute and appoint you the said Richard Earle of Bellomont, to be our Governor and Commander in Chiefe of all that parte of our Province of New Hampshire within our Dominion of New England in America, lyeing and extending itselfe from three miles Northward of Merrimack River or any part thereof, unto the Province of Main with the south part of the Isle of Shoals. AND WEE doe hereby require and command you to doe and execute all things in due manner, that shall belong unto your said Command, and the trust wee have reposed in you according to the Severall

powers and directions granted or appointed you by this present Commission; and the Instructions herewith given you or by such further powers or instructions as shall at any time hereafter be granted or appointed you, under our siguett or Signe manual, and according to such reasonable Lawes and Statutes as now are or hereafter shall be made and agreed upon by you, with the Advice and consent of our Councill and the Assembly of our Province and Plantation, under your Government in such manner and form as is hereafter expressed: AND wee doe hereby give full power unto you the said Earle of Bellomont after you shall have first taken the Oath for the due execution of the office and trust of our Governor and Commander in Chiefe in and over our said Province of New Hampshire, which the Sd Councill or any five of them have bereby full power and authority and are required to administer uuto you, to give and administer to each of the Members of our

sa Councill as well the Oaths appointed by Act of Parliament to be taken instead of the Oaths of Allegiance and Supremacye, as the Test and an Oath for the due execution of their places and trust, and likewise to require them to subscribe the late Association mentioned in an Act of Parliament made in the Seaventh and Eight years of our_Reigne, Entitled, an Act for the better security of bis Majties Royall person and Government. AND WEE DOE hereby give and grant unto you full power and authority to suspend any of the members of our said Council from sitting, voting, or assisting therein, if you shall finde just cause for soe doing; AND our will and pleasure is that if by the death, departure out of the Province, or suspension of any of our Councillors, there shall happen to be a vacancy in our said Councill, any three whereof wee doe hereby appoint to be a Quorum; Wee doe hereby require you to certifie us by the first opportunity of such vacancy by the death, departure, suspension or otherwise of any of our Councillors, that wee may under our Signett & Signe Manuel Constitute and appoint others in their Roome. And if it shall at any time happen, that there are less than seaven of them residing in our said Province, wee doe hereby give and grant unto you full power & Authority to choose as many persons out of the principal free holders, Inhabitants of our said Province, as will make up the full number of the Councill to be seaven and noe more; which persons soe chosen and appointed by you shall be to all intents and purposes our Councillors in our said Province, till either they are confirmed by us, or untill by the Nomination of other Councillors by us, under our Signe Manuall and Signett, the said Councill have above seaven persons in itt. AND WEE DOE hereby give and grant unto you full power and Authority with the Advice and Consent of our said Council, from time to time, as need shall require, to summon and call Assemblyes of the freeholders within your Government in such manner and forme as by the advice of our Councill you shall finde most convenient for our service and the good of our said Province: AND OUR WILL and pleasure is that the persons thereupon duly elected by the Major part of the Freeholders and being soe returned, and having before their sitting taken the Oaths appointed by Act of Parliament to be taken, instead of the Oaths of Allegiance and Supremacy, and subscribed the Test and Association aforesaid, which Oaths you shall Commissionate fitt persons under the publike Seale to Administer, and without taking the said Oaths and Subscribing the said Test and Association none shall be capable of sitting tho' elected—shall be called and held the Assembly of our said Province: And that you, the said Earle of Bellomont, by and with the Advice and Consent of our said Councill and Assembly or the Major part of them respectively, have full power and authority to Constitute and ordaine Lawes, Statutes and Ordinances for the Publike peace, welfare and good Government, of our said Province and Plantation, and of the people & Inhabitants thereof, and such other as shall resort thereto; and for the benefitt of us our heires and successors, which said Lawes, Statutes and Ordinances, are to be as near as may be agreeable unto the Lawes and Statutes, of this our kingdome of England:-PRO

VIDED that all such Statutes and Ordinances, of what nature & duration soever, be within three months or sooner after the making of the same, transmitted unto us under the Publicke Seale, for our approbation or Disallowance of them, as alsoe duplicates thereof by the next conveyance; And in case all or any of them being not before Confirmed by us, shall at any time be disallowed and not approved, and soe signified by us, our Heires and successors, under our or their Signe Manuall & Signett, or by order of our or their privy Council unto you, the said Earle of Bellomont, or to the Commander in Chiefe of our said Province for the time being: then such or soe many of them as shall be disallowed, and not approved of shall from thenceforth cease, determine, and be utterly voyd and of none effect, anything to the contrary thereof in any wise notwithstanding: And to the end nothing may be passed or done by the said Councill and Assembly to the prejudice of us, our heires, and successors, wee will and Ordaine that you the said Earle of Bellomont shall have and enjoy a Negative voice in making and passing of all Lawes, Statutes and Ordinances, as aforesaid: And that you shall and may likewise from time to time as you shall Judge it necessary prorouge and dissolve all General Assemblyes, as aforesaid; And our will and pleasure is that you shall and may keep and use the publicke seale appointed or to be appointed by us for that our Province: AND WEE DOE further give and grant unto you the said Earle of Bellomont, full power and authority from time to time, and at all times, hereafter, by yourselfe or by any other to be authorized by you in that behalfe, to administer the Oaths appointed by act of Parliament to be given instead of the Oaths of Allegiance and Supremacy, to all and every such person or persons as you shall think fitt who shall at any time or times passe into our said Province or shall be resident or abiding there: WEE doe hereby give and grant unto you full power and Authority to erect, Constitute and Establish such and soe many Courts of Judicature and Publick Justice, within our said Province, as you and they shall thinke fitt and necessary for the hearing and determining of all Causes as well Criminall as Civill according to law & equity, and for awarding of execution thereupon with all reasonable and necessary powers, Authorities, Fees, and privileges belonging unto them; as alsoe to appoint and Commissionate fitt persons in the Severall parts of your Government, to Administer the Oaths appointed by act of Parliament to be taken instead of the Oaths of Allegiance & Supremacy, and the Test unto such as shall be obliged to take the same: AND WEE DOE hereby Authorize and Impower you to Constitute and appoint Judges, Justices of the peace, Sheriffs and other Necessary Officers and Ministers in our said Province for the better administration of Justice, and putting the Lawes in Execution, and to Administer, or Cause to be administered such oath or Oaths as are usuall for the due Execution and performance of place and places of trust, and for the clearing of truth in Judiciall Causes: WEE DOE further by these presents will and require that Appeals be permitted to be made in cases of Error from our Courts in New Hampshire, unto you our Governor, and to our Councill, and in your absence from our

« PreviousContinue »