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Governor Allen's Instructions.
[From a copy in Secretary's office.]
Instructions for our trusty and well-beloved Samuel Allen, Esq.,
Our Governor and Commander-in-Chief, in and over Our Province of New Hampshire, within Our Dominion of New England, in America, and in his absence, to the Commander-inChief of our said Province for the time being :
With these instructions, you will receive Our Commission under Our Great Seal of England, constituting you Our Governor and Commander-in-Chief of all that part of Our Province of New Hampshire, within Our Dominion of New England, in America, lying and extending itself from three miles northward of Merrimack River, or any other part thereof, unto the Province of Maine, with the South part of the Isle of Shoals; where, being arrived, you are forthwith to call together the members of Our Council for that Our Province, by name, John Usher, Esq., Our Lieutenant-Governor of Our said Province; John Hinks, Nathaniel Fryer, Thomas Grafford, Peter Coffin, Henry Green, Robert Elliot, John Gerrish, John Walford, and John Low, Esqrs; at which meeting, after having published, in the usual manner Our said Commission Constituting you Our Governor and Commander-inChief of Our said Province, you shall take yourself, and also administer unto each of the members of Our said Council as well the Oaths appointed by Act of Parliment to be taken instead of the Oaths of Allegiance and Supremacy as the Test, and the Oath for the due execution of their places and trust. And you are to communicate unto Our said Council, from time to time, such and so many of Our Instructions as you shall find convenient for our service to be promulgated unto them.
Our Will and Pleasure is, that the members of Our Council shall and may have and enjoy freedom of debate and freedom in all things to be debated of in the Council; and although, by Our Commission aforesaid, we have thought fit to direct that any three of Our Council make a Quorum, it is, nevertheless, our will and pleasure that you do not act with a Quorum of less than five members, except upon extraordinary emergencies.
And that We may be always informed of the names and characters of persons fit to supply the vacancies of Our said Council, you are to transmit unto us by one of our principal Secretaries of
State, and to the Lords of Our Privy Council appointed a Committee of Trade and Plantations, with all convenient speed the names and characters of six persons, inhabitants of Our said Province, whom you shall esteem the best qualified to succeed in that, and so, from time to time, when any of them shall die, depart out of that Our said Province, or become other ways unfit, you are to nominate so many other persons to us in their stead.
And in the choice and nomination of members of Our said Council, as also of the principal Officers, Judges, Assistants, Justices and Sheriffs, you are Always to take care that they be men of Estate and ability, and not necessitous people, or much in debt, and that they be persons well affected to our Government. You are not to suspend the members of Our Council Without good and sufficient cause, and in case of suspension of any of them You are forthwith to transmit unto us, as aforesaid, and to Our Committee for Trade and Plantations, your reasons for so doing, together with the charges and Proofs against the said persons, and their answer thereunto. You are, from time to time, to send unto us and to Our said Committee, the names and qualities of any members, by you put into Our said Council by the first conveniency after your so doing. You are to transmit authentic copies, under the Public Seal, of all Laws, Statutes and Ordinances, now in force, or which at any time shall be made and enacted within Our said Province, unto us, and Our Committee aforesaid and foreign Plantations, within three months, or sooner after their being enacted, together with all Duplicates thereof, by the next conveyance, on pain of our highest displeasure, and the forfeiture of that your salary, wherein you shall at any time, upon any pretence whatsoever, omit to send over the said Laws and Ordinances aforesaid, within the time above limited.
You shall take care that the members of the Assembly be elected only by freeholders, as being most agreeable to the custom of Eng. land, to which you are, as near as may be, to conform yourself. And you shall reduce the Salary of the members of the Assembly to such a moderate proportion as may be no grievance to the country; wherein, nevertheless, you are to use your discretion, so that no inconveniency may arise thereby.
You are to take care that no man's life, member, freehold, or goods, be taken away or harmed in Our said Province, but by Established and Known Laws, not repugnant to, but, as much as may be, conformable to the Laws of our Kingdom of England.
You shall administer or cause to be administered the Oaths appointed by Act of Parliment to be taken instead of the Oath of
Allegiance and Supremacy, as also the test, unto the members and officers of Our Council and Assembly, all Judges and Justices, and all other persons that hold any office in Our said Province by virtue of any Patent under our great Seal of New-Hampshire; and you are to permit liberty of conscience to all persons except Papists, so there be a quiet and peaceable enjoyment of it, not giving of scandal to the Government. You are not to pass any Act within that Our Province, in any case, for Levying money and inflicting fines and penalties, whereby the same shall not be reserved to Us for the Public use, as by the said Act or order shall be directed. And We do particularly require that no money or value of money whatsoever be given or granted by any act or order of Assembly to any Governor, Lieut. Governor or Commander-in-Chief of our said Province, that shall not, according to the style of Acts of Parliment in England, be mentioned to be given and granted unto us, with the humble desire of such Assembly that the same be applied to the behoof of such Governor, Lieutenant-Governor or Commander-in-Chief, if We shall so think fit, or if We shall approve of such gift or application that the said money or value of money be then disposed and appropriated to such other cases as, in the said Act or order, shall be mentioned; and that from the time the same shall be raised it remain in the hand of the Receiver of that Our Province, until Our Royal Pleasure shall be known therein. Our will and pleasure is that all Public moneys, raised or to be raised within our said Province of New-Hampshire, for the care and support of the Government there be issued out by Warrant from you by and with the advice and consent of the Council and not otherwise. You are from time to time to permit the Assembly to view and examine Accounts of money or value of money disposed of by virtue of such Laws as are now in force, or shall be passed by them, which you are to signify unto them as occasion shall serve.
Our express Will and Pleasure is that all Laws whatsoever for the good Government and support of Our said Province be made indifferent and without limitation of time, except the same be for a temporary end, and which shall expire and have its full effect within a certain time. And therefore you shall not re-enact any law which shall once be enacted by you, except upon very urgent occasions, But in no case without Our express consent. You shall not remit any fines or forfeitures whatsoever above the sum of ten pounds before or after sentence given, nor dispose of any fines or forfeitures until after signifying unto Our Committee of Trade and Plantations and to the Commissioner of Our Treasury for the
time being, the nature of such offence or occasion of such fines, forfeitures or Escheats, with the particular sums you shall have received our direction therein, But you may, in the mean time, suspend the payment of the said fines and forfeitures. You shall not permit any Act or order to pass within Our said Province whereby the price or value of current money within your Government may be altered without Our particular leave or direction therein; and you are particularly not to pass any Law or do any Act, by grant, settlement or otherwise whereby our Revenue may be lessened and impaired without Our especial leave or command therein. You are to require the Secretary of Our Province, or his Deputy for the time being, to provide Transcripts of all such Acts and Public Orders as shall be made from time to time, together with a copy of the Journal of the Council, to the end the same may be transmitted unto Us, as above directed, which he is duly to perform upon pain of incurring the forfeiture of his place. You shall not displace any of the Judges, Justices, Shirriffs or other officers or ministers within Our said Province without good and sufficient cause, to be signified unto Us and our Committee of Plantations; nor shall you execute yourself or by Deputy, or any of the said officers, nor suffer any person to execute more offices than one by a Deputy. You shall not erect any Court or office of Judicature, not before erected or established, without Our especial Order, And you are to transmit to Us, with all convenient speed, a particular Account of all establishments of Jurisdictions, Courts, Offices and Officers, powers, authorities, fees and privileges granted or settled within Our said Province, to the end you may receive Our especial direction therein. You shall likewise take a special care, with the advice and consent of Our said Council, to regulate all salaries and fees belonging to places or paid upon emergencies, that they be within the bounds of moderation, and that no exaction be made upon any occasion whatsoever. You are to take care that drunkenness and debauchery, swearing and blasphemy, be severely punished, and that none be admitted to public trust and employment whose ill fame and conversation may bring scandal thereupon. You shall take care that all Planters and Christian Servants, be well and fitly provided with arms, and that they be listed under officers; and when and as often as you shall think fit, mustered and trained, whereby they may be in a better readiness for the defence of Our said Province under your Government.
You are to take especial care that neither the frequency or reasonableness of remote marches, musters and Trainings be unne cessary impediments to the Affairs of the Planters. In case of
distress of any Our Plantations you shall, upon application of the respective Governor to you, assist them with what aid the condition and safety of your Government will require. You shall cause a survey to be taken of all the considerable places and Harbors in Our said Province, and, with the advice of Council, erect in any of them such fortification as shall be necessary for the security and advantage of our Province, which shall be done at the Public charge of the Country, not doubting of your full concurrence of the Inhabitants thereunto from the common security and benefit they receive thereby.
You shall take an Inventory of all arms, ammunition and stores remaining in any of Our magazines or Garrisons in Our said Province, and send an account yearly of them to Us by one of Our principal Secretaries of State unto Our Committee of Trade and Plantations. You are to take especial care that fit Store-houses be settled throughout Our Province for receiving and keeping of arms, ammunition, and other public Stores, that We may be the better informed of the Trade of our said Province. You are to take care that due entries be made, in all Ports, of all goods and commodities imported or exported from thence; And from and to what places they come and go, and that a yearly account thereof be transmitted by you unto Us by one of our principal Secretaries of State, and to our Committee for Trade and Plantations. You are to suppress the engrossing of commodities, and to settle such orders and regulations therein, with the advice of Our Council, as may be most acceptable to the inhabitants. You are to give all due encouragement and invitations to merchants and others who shall bring trade unto Our said Province, or any ways contribute to their advantage, and in particular to the Royal African Company. And you are to take care that there be no trading from New Hampshire to any place in Africa within the charter of the Royal African Company. And you are not to suffer any ships to be sent thither without our leave and authority.
You are carefully to observe all the Articles contained in the Treaty for the composing of differences and the establishing of Peace in America, concluded at Madrid the gth day of July, 1670, with the Crown of Spain; and in case any private Injury or damage shall be offered or done to any of our subjects in those parts, by any of the subjects of the King of Spain, or of any other Prince or State in Amity with Us, you shall take care to give Us an account with all convenient speed by one of Our Principal Secretaries of State, and to our Committee for Trade and Plantations, and not to permit or encourage reparations to be sought in