land, in the twelfth year of the reign of his late Majtie King Charles y Second, entitled an Act for encouraging and encreasing of shipping and Navigation, and one other Act made in the fif teenth year of his said late Majties Reign, entitled an Act for the Encouragement of Trade; and the Act made in the Seventh and eighth years of his present Maj'ties Reigne, Entitled an Act for preventing frauds and regulating Abuses in the plantation Trade; and alsoe, all other Acts which have been made for the better regulating and securing the Plantation Trade, shall be punctually and bona fide observed according to the true intent and meaning thereof so farr as appertains to me the Governor of the said Province of New Hampshire.

SOE HELP ME GOD.

COUNCIL RECORDS,

From 31st July, 1699, to Sept., 1701.

[Copied from original Council Records in the Secretary's office. Figures in the margin, denote the page of MS. Records.]

P. 1. Province of New Hampshire.

At a Council held at Portsmouth, Lunæ die,
July ultimo, Anno 1699, ante meridiem.

His Maj'tys Letters Patents constituting his Excellency Richard, Earle of Bellomont* Capt Gener" and Govern' in

*The Earl of Bellomont was born in the County of Sligo, Ireland, in the year 1636. His grandfather, Sir Charles Coote, was a "soldier of fortune, trained in the wars of Elizabeth," and distinguished himself by his ferocity in Ireland, in the reign of Charles I. Richard Coote, the Earl's father, was the third son of Sir Charles, and brother of the Earl of Mountrath; and, having co-operated in bringing about the Restoration, was, in 1660, created Baron of Coloony, (Irel'd.) He died on the 16th of July, 1683, and was succeeded in his title and estates, by his son Richard, who went over

Chief in & over his Maj'tys Province of New Hampshire, was read and published.

His Maj'tys Commission unto his Excellency Richard, Earle of Bellomont, to be Vice Admirall was produced in Council.

His Maj'tys commission for administering the oath appointed by an Act of Parliament made in the seventh and eighth year of his present Maj'tys reign, that all Governors shall observe all the Clauses, matters and things contained in the several acts of Parliment in that Act recited and in that present Act was also read.

The oaths appointed by Act of Parliament instead of the Oaths of Allegiance and supremacy, were by the Council administered unto his Excellency Richard Earl of Bellomont, also his Excellency repeated and subscribed the Declaration and Association and took the Oath enjoined by an Act of Parliament made in the seventh and eighth year of his present Maj'tys reign, to observe all matters and things contained in ye severall Acts of Parliament in that Act re

to the Continent after the accession of James II, and was one of the first to espouse the interest of the Prince of Orange. In 1688, he became a member of Parliament for Droitcorick in Worcestershire. In March, 1689, he received the appointment of Treasurer and Receiver-General to Queen Mary, consort of William III., whereupon, the Parliament held at Dublin, by James II, pronounced an attainder against him. The displeasure of the fallen Monarch, however, only served to secure the favor of William and Mary; and, on the 2d November, 1689, he was advanced to the dignity of Earl of Bellomont. He married, in 1660, Catharine, daughter and heiress of John Nanfan, Esq., of Birch Monton, in the County of Worcester, and had issue two sons, Nanfan and Richard, who successively inherited their father's title.

On his arrival, in this country 1699, as Governor of New-York, Massachusetts and New Hampshire, he was received with the greatest respect; and he took every method to ingratiate himself with the people. He was condescending, affable and courteous, and rendered himself very popular in his Government. Short as was his administration, he obtained a larger sum, as a salary and gratuity, than any of his predecessors. His last meeting with the Council and General Assembly of New Hampshire, was the 17th of August, 1699. In May, 1700, he took leave of Massachusetts, and went to New York-of his administration in that Colony a full account may be found in the Col. Hist. of N. Y. Vol. III, IV, V, &c. The Earl of Bellomont died in New York, March 5, 1701. He was interred with becoming honors in the chapel of the fort at the Battery; but, afterwards, when the fort was taken down and the Battery leveled, in 1790, the leaden coffin was removed and finally deposited in St. Paul's Church Yard, N. Y. The Countess of Bellomont soon after his decease returned to Ireland, and died at the family seat in the County of Sligo, 12th March, 1728, in the 90th year of her age. Col. Doc. N. Y., Vol. IV. p. 851, note, and Holmes' Am. An. Vol. I. p. 481.—ED.

cited and in that present Act before the Council and Sampson Sheafe, Deputy Collector of his Maj'tys Province of New Hampshire and Maine; and also took the Oath duely to execute the place of Capt. Gener" and Governor in Chief, in and over this Province.

Lieut. Govern' Wm. Partridge Esq. took the Oaths appointed instead of the oaths of Allegiance and Supremacy, repeated and subscribed the Declaration and Association, also took the oath to observe all the Clauses, matters and things contained in the several Acts of Parliament recited in an Act made in the seventh and [P. 2.] eighth year of his present Maj'tys reign entitled an Act for preventing frauds and regulating abuses in the Plantation Trade, and all the clauses, matters and things contained in said Act; and took the oath duly to execute the place of Lieut. Governor during the absence or upon the death of the Earle of Bellomont, also took the oath of Privy Councillor.

John Hinckes, Nathaniel Fryer, Peter Coffin, Robert Elliott and John Gerrish, Esqs. took the oaths appointed by Act of Parliament, instead of the oaths of Allegiance and Supremacy; repeated and subscribed the Test and Association, and took the oath of Privy Councillor. Sampson Sheaf being appointed by his Excellency Secretary of this Province took the oaths appointed by Act of Parliament instead of the oaths of Allegiance and Supremacy, and repeated and subscribed the Association and Declaration.

Ordered, that Writs be issued out for calling an Assembly to sit at Portsmouth on Monday the seventh day of August next, at nine of the clock in the morning.

A Petition being delivered unto his Excellency and Council of Mr. Richard Waldron, Major William Vaughan, and Capt. Henry Dow presented by the hands of the said Rich Waldron against the Judges of the Supreme Court of Judicature in this Province :

:

It is therefor ordered by his Excellency by and with the advice and consent of the Council, that Proclamation be

made for the continuance of the Justice of the peace and constables only in their respective places for conservation of the Peace until further order.

The Council having advised his Excellency to remove Wm. Ardell from being High Sheriff of this Province, as being a person who lives remote, also a great Swearer, given unto drinke and abusive in his drinke, and of no visible Estate in this Province, and therefore very unfitt for the place of High Sheriff:

It is therefore ordered that the said Ardell be discharged from said office of High Sherriff, and that Richard Josse be High Sherriff for the ensuing year, that is until Michalmas Day come twelve month Anno Domi, one thousand seven hundred, and that the Secretary do draw up a Commission for said Josse accordingly.

[P. 3.]

At a Councill held at Portsmouth, Martis die,
August Primo, Anno 1699 ante meridiem.

His Excellency moved to the Council that it would be convenient to propose to the Assembly that the Supreme Court of Judicature be revived in some convenient time; that soe those causes which should have been tried at the said Court which should have been held this day by adjournment, may proceed as if said Court had not ceased.

Ordered, that a bill be prepared accordingly to be laid before the Generall Assembly at their meeting on the

seventh day of this present month of August and that the Lieut. Govern', Wm. Partridge, Esq. and Robert Elliott, Esq. be a Committee to prepare said bill and that Mr. Richard Waldron be added unto and be one of said Committee.

Nathaniel Ware, Esq. nominated in his Maj'tys instructions to be one of the members of the Council for this Province, being sent for appeared, and desired, upon consideration of his age, and remote living he might be dismist from said service, which was accordingly allowed him.

His Excellency moved that a bill be prepared for the due qualification of Jurors to serve in the several Courts of Justice within this Province, to be laid before the Assembly when convened.

Ordered, that the said bill be referred to the same Committee.

His Excellency moved that a bill be prepared for contributing toward the charge of erecting and building a convenient Fort on New Castle Island in this Province for his Majestys service, to be laid before the Assembly.

Ordered, that it be referred to the same Committee. His Excellency moved further that a bill be prepared for the restraining and punishing Privateers and Pirates. Ordered, that it be referred to the same Committee. His Excellency moved that a bill be prepared for facilitating the conversion of Indians and Negroes.

Ordered, that it be referred to the same Committee. [P. 4.] His Excellency proposes unto the Council, that notwithstanding the Indians have a mind to see and treat with him about their allegiance to his Majesty, that Capt. John Hill, commander of Sacoa Fort, be ordered to send immediate notice to the said Indians of his Excellencys appointment of seeing their principal Sachamores at Portsm' upon Thursday the tenth day of this present month of August, for the end aforesaid, to which proposal the Council doe consent.

Richard Joss commissionated by his Excellency to be