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and appoint Thursday, the 12th day of December next [to] be observed and set apart throughout this Province, for the offering up of publick Praise and Thanksgiving to the God of Heaven who is the Giver and Bestower of All his mercies,-hereby exhorting both ministers and people in their respective congregations and Assemblies, to a religious performance of the duties required on such a day; and commanding that all persons abstain from their servile business and employments thereupon.
Given at the Council Chamber in Portsmouth, the 22d day of November, 1700, in the twelfth year of his Maj’tys reign.
WM. PARTRIDGE, Lt. Governor. By order of the Governor and Council.
CHARLES STORY, Secretary.
[P. 13.] Province of New Hampshire.
At a Council held at Portsmo the 5th
Rich. Waldron The Lt. Govern' produced a letter to ye Board from the Earle of Bellomont dated at York, the 17th Novbr, 1700, where were inclosed a Letter from the Council Chamber at Whitehall, dated the 18th July 1700, as also a Letter from the Lords ComTM of Trade and Plantations dated at Whitehall, August 1st 1700, which were both read and are as follows.
At the Council Chamber at Whitehall, the 18th day of
Present. Their Excellencies the Lords Justices in Councill. "It is this day ordered by their Excellencies the Lords Justices in Council that directions be sent to the respective Governments
of his Maj'tys Plantations in America as well such as are granted in opriety, as such as are governed by Commission from his Maj'ty, to transmit an Acct. to the Lords Com" for Trade and Plantations in his most particular manner of the method of proceedings in the several Courts upon trials of all sorts of Causes in the said Courts in those parts respectively, and that the same be communicated by y' Lordships to this Board for his Maj’tys better information in the determining Appeals from the Plantations; And the Lords Com" for Trade and Plantations are to signify your Excellencies pleasure herein to the said respective Governments accordingly.
Join Pover.” A True Copy,
Whitehall, August the 1st 1700. [P. 14.] My Lord,
Their Excellencies the Lords' Justices, having by order of Council of the 18th of July last, required us to signify their Pleasure unto the respective Governments of his Maj'tys Plantations in America, as well such as are granted in Propriety as such as are Governed by Commission from his Maj’ty relating to the method of proceedings in the several Courts upon trials of all sorts of Causes in the said Courts in those parts respectively, Wee send your Lordships here inclosed a copy of the said order that you may observe the same in transmitting to us the Acctts thereby required with relation to his Maj'tys Province of New Hampshire, so soon as possible.
We are, My Lord,
Yof Lordøpe most Humble Servants,
JOHN POLLEXFON, Ph. MEADOWS,
A. PRIOR. Right Honorable the Earl of Bellomont.
Answer of sd Letter sent to the Lords Comof Trade and Plantations as follows, viz.
New Hampshire in New England, 5th xber, 1700. May it please your Lordships
I have lately recd from his Excellency the Earle of Bellomont, a letter dated at New York 17th current, wherein came inclosed an
order from yLordpps for transmitting an acct of the methods of proceeding in the several Courts upon trial of all sorts of causes within this his Maj'tys Province of New Hampshire: In obedience whereto, I have here inclosed a Copy of a Law of this Province for establishing Courts of Judicature for trial of all causes within the same, wherein all methods of proceeding therein are particularly mentioned, & a special regard had to the direction of his Maj’tys Commission in matters of Appeal to which I most humbly refer your Lordships and beg leave to subscribe,
May it please your Lordships,
Province of New Hampshire.
At a Council held at Portsmo the seventh day
Esqs. Nath. Fryer
Richard Waldron. The Lieut. Govern" having formerly had advice from the late Earle of Bellomont in a case of a vacancy of any of the Council, that he should swear Major Wm. Vaughan as one of the said Council, and said Major Vaughan being this day sent for to this Board was by the Lieut. Govern" and Council admitted as one of the Council, who took the oaths appointed by Act of Parliament instead of the oaths of Allegiance and Supremacy, and signed and repeated the Declaration and Association, and took the oath of a Councillor.
Ephraim Marstin, Constable of the town of Hampton, gave this Board to understand, that pursuant to a Warrant from the Treasurer he called the inhabitants of said town together to make choice of Assessors, as the law directs, but some ill-affected persons did give interruption thereto, whereby it might occasion some ill consequence.
Ordered, that the Secretary write to the Justices of the peace and Selectmen of the town of Hampton to proceed upon making the Rate as the law directs, and give notice to Lt. Govern' and Council of any person that shall give any interruption thereto, that such person offending might be treated accordingly. W was write is upon file.
Province of New Hampshire. [P. 16.)
At a Council held at Portsmo on Monday the 12th May, 1701.
John Gerrish Esqs.
Richard Waldron An order at the Court at Hampton Court,* dated the 224 October 1700, present the Kings most Excellent Majesty, was read at this Board relating to the repealing of a Law, entitled an Act for the restraining and punishing of Privateers and Pirates-(and is upon file).
Ordered, that the said order be published by the Sheriff with Beat of Drum.
A representation of the Lords Com" of Trade and Plantations bearing date Whitehall, October the 9th 1700, was read at this Board and upon file.
An order at the Court at Hampton Court the 224 October, present, the Kings most Excellent Majesty, in Council, was read at this Board, (and upon file).
Ordered, that the said Representation and Orders, be entered in the Council Book—and are as follows.
* In England.
At the Court at Hampton Court, the [P. 17.]
22d of October, 1700.
Present. The Kings most Excellent Maj’ty in Council. Whereas by Commission under the Great Seal of England, the Governor, Council and Assembly of his Maj'tys Province of New Hampshire, have been authorized and impowered to Constitute and Ordain Laws, Statutes and Ordinances, which are to be transmitted to his Maj’ty for his Royal Approbation or disallowance of them; and whereas in pursuance of the said Commission a Law has been made by the Governor, Council, and Assembly of the said Province of New Hampshire, entitled an Act for the restraining and punishing of Privateers and Pirates—which the Lords Com" for Trade and Plantations have perused and for the reasons set forth in their Representation this day read at the Board, are humbly of opinion that the same be repealed-His Maj’ty with the advice of his Privy Council is pleased to declare bis disapprobation and disallowance of the said Law, and pursuant to his Royal Pleasure thereupon, the said Law is hereby repealed and declared void and of no effect.
[P. 18.] To their Excellencies the Lords Justices. May it please your Excellencies.
The Earle of Bellomont having lately transmitted to us some Acts of the General Assembly of his Majestys Province of New Hampshire, held there the 7th August 1699: Upon which we cannot make a perfect Report, (because of the confusion and uncertain state of the former Acts of that Province,) until we receive a complete and authentic collection of the whole, which has accordingly been required: Wee only crave leave at present to represent unto yor Excellencies our opinion upon the two following, viz.
1st An Act for restraining and punishing Privateers and Pirates,* which though it might have been useful to the end intended in case no other provision had been made here for the same purpose; yet finding it insufficient with the Act passed here the last session of Parliament for the more effectual suppression of Piracy,
We are humbly of the opinion that it be Repealed. 2dly. An Act for a Tax or Assessment of 500£
Which being intended for the proper use of the Earle of Bellomont, but by the Constitution of that Government his Lordship
* See Vol. I. Prov. Papers, pp. 505–507,