« PreviousContinue »
any other way than what is directed and agreed in the said Articles of Madrid, and other treaties; and you are particularly not to grant commissions of War, or reprisals against any Prince or State, or their subjects in Amity with Us, to any person whatsoever without Our especial Command.
You are not to admit or allow of any Appeals what soever to be made from the Governor and Council unto the Assembly, but whereas We judge it absolutely necessary that all Our subjects may have liberty to appeal unto Us in cases that may deserve the same, Our will and pleasure is, that if either parties shall not rest satisfied with the Judgment and sentence of Our Governor or Commander-in-Chief and Council, they may then appeal unto Us in Our Privy Council; Provided, the matter in difference exceed the real value or sum of one hundred pounds sterling, and that such appeal be made within one fortnight after sentence, and security first given by the Appellant to answer such charges as shall be awarded in case the sentence of our Governor or Commander-inChief and Council be confirmed; provided, also, that execution be not suspended by reason of any such appeal unto Us. And inasmuch as it may not be fit the appeals be so frequently and for so small a value brought unto Our Governor and Council, you shall therefore, with the advice of the Council, propose a law to be passed wherein the method and limitation of Appeals unto Our Governor and Council may be settled and restrained in such manner as shall be found convenient and easy to our Subjects in our said Province. You shall endeavor to get a Law passed for the restraining of inhuman severities which by ill masters or overseers may be used towards their Christian Servants or Slaves, and that provision be made therein that the willful killing of Indians and Negroes be punished with death, and that a penalty be imposed for the maiming of them. You are also, with the assistance of your Council and Assembly, to find out the best means to facilitate and encourage the conversion of Negroes and Indians to the Christian Religion. You are to recommend to Our Council and Assembly the raising a stock and building of Public work-houses in convenient places for the imploying of poor and indigent people.
And forasmuch as great inconveniences may arise by reason of the liberty of Printing within Our Province of New Hampshire, you are to provide by all necessary orders, that no person use any Press for Printing upon any occasion what soever without your special Licences first Obtained. Lastly: - If any thing shall happen that may be of advantage or
to Our said Province which is not herein or by our Commission for, We do hereby
authorize and direct you with the advice and consent of Our Council to take order for the present therein given by one of Our principal Secretaries of State, and the Lords of Our Privy Council, appointed a Committee for Trade and foreign Plantations speedy advice thereof, and of all your proceedings and the condition of affairs within your Government for our information and direction, provided always you do not by color of any Power or Authority hereby given you, commence or declare War without Our Knowledge or Command therein, except it be against Indians upon emergencies, wherein the Consent of Our Council shall be had, and speedy notice thereof given unto Us.
Given at Our Court at Kensington, the seventh day of March 1691, in the fourth year of Our Reign. By His Majesties Command.
MINUTES OF COUNCIL,
UNDER THE ADMINISTRATION OF LIEUT.-GOV, JOHN USHER,
Note by the Editor. [The following “ MINUTES OF Council,” with other papers were copied, chiefly, from a MS. volume in the office of Secretary of State, labelled “ProvINCE Records, Book II., Council 1692–1700.” A portion also, as will be seen, was copied from MS. volume, “ Book I.” No other record of the Council's proceedings, from August 13, 1692, to November 3, 1696, can be found. These “ Minutes" appear to be original or first notes taken by the clerk of Council, and are generally without signature. They embrace nearly the wbole period of Lieut.-Governor John Usher's administration. The letters and speeches of Mr. Usher, herein contained, are usually in his own handwriting, and are singularly characteristic of the man.* ]
* “Johx USHER was a native of Boston, and by profession a stationer. He was possessed of a handsome fortune, and had been employed, when in England, by Massachusetts, to negotiate the purchase of the Province of Maine from the heirs of Sir Ferdinando Gorges. He thus acquired a taste for land speculations; became one of the partners of the million purchase (see Farm. Belk., p. 116), and hail sanguine expectations of gain from that quarter. On the consolidation of the New-England Provinces in 1685 (see vol. i. pp. 590_593), he accepted office under Dudley, and next under Andros, whose downfall he subsequently shared. He thereupon proceeded to England with his complaints; and SAMUEL ALLEN, a London merchant, having purchased, soon after, tbe title of the Masons to New Hampshire, and obtained a commission for the government of that Province, appointed his son-in-law, Usher, his deputy. The latter assumed the government on the 13th of August, 1692. He continued, however, to reside and carry on his business at Boston, occasionally visiting his Province. His administration was by no means either pleasant to himself or agreeable to the people. He died at Boston, 5th of September, 1726, aged seventy-eight years.” — (See N. Y. Col. Doc., vol. iii. p. 365.)
Belknap says of him (Usher): “Though not ill-natured, but rather of an open and generous disposition, yet he wanted those accomplishments which he might have acquired by a learned and polite education. He had but little of the statesman, and less of the courtier. Instead of an engaging affability, he affected a severity in his deportment, was loud in conversation and stern in command. He gave orders, and found fault, like one who felt himself independent, and was determined to be obeyed. He had an high idea of his authority, and the dignity of his commission; and when opposed and insulted, as he sometimes was, he treated the offenders with a severity which he would not relax till he had brought them to submission. His public speeches were always incorrect, and sometimes coarse and reproachful.” It may be alded, that the majority of his Council were men of such sterling sense and stern integrity, that he could not make them bend or bow to his arbitrary dictation. The record of his administration is full of interest. - ED.
B. II. p. 1.
Province of New Hampshire.
Great Island, August ye 13th 1692. By the Liftenant Governour
Ordered, That all officers, Civil and Millitarey, continue in theire respective places untill others are appointed.
Ordered, That all Acts of or relating to publick Revenue do continue as aforesaid.
Ordered, That all Constabells seize and apprehend all seamen travelling upon the Roade without a sufficient pass; and that whosoever shall entertaine harbour or conceale any seaman or seamen without the foresaid pass, either in whriting or print, without express Liberty given or granted from theire respective Captains or other Commissionate officer, shall be proceeded against according to order, and to make good whatsoever dammage, loss or dettrement may in any way accrue or beefall to his Majesty's service thereby.
B. II. p. 2.
PISCATAQUA, 12th Sept. 1692. Present
Jno. Hincks Esqr.
All to make entry's in the Custom House.
Thatt Strawberry Bank, Dover, Hampton, send 3 Representatives; Exeter 2; Isle a Shoales, 1. Exeter — Jonathan Thing, Capt.; Kinsley Hall, Lt.; Peter Foul
Hampton - Henery Dow, Capt.; Jno. Smith, Lt.; Jno. Moulton,
Insig.; Mr. Penny, Clark to the Courts. Isle a Shoales — Jno. Fabes, Justice Peace & Capt.; James Blag
don, Lt., Thomas Dymond, Ensign.
B. II. p. 3.
20th Sept. 1692. Oyster River - Jno. Woodman, Capt., James Davis, Lt., Stephen Joanes, Ensign.
Dover - Jno. Tuttle, Capt.; Wm. Furber, Lt.; Robertt Ivens, Ensign.
Strawberry Bank — Jno. Pickerin, sen. Capt.; Lt., Tobias Langdon; Ensign,
-; Mr. Richard Jose, Sheriff'. That a person be agreed wth for providing carages for the guns sint by ye King, and ye Jno. Hincks, Robert Elliott, Esqrs. be joined wth ye Treasurer to agre for ye same, and itt be done outt of hand.
That ye Treasurer issue out warrants to every town for the vintners and ale houses to a gre with ye Treasurer, and to have licens according to law; The Treasurer to repair the fortt-house at Great Island; Mr. Penne to be clarck to ye Council; Richard Waldren, Richard Martin, justice Peace.
That all of ye Council have power as Justice of Peace in ye whole Province.
Capt. Stileman, Justice Peace for Greatt Island.
Saltt and ship, &c. to be disposed of by ye Treasurer, and mony to remain in ye Treasurer's hand untill ye King's pleasure be known.
Thatt ye bounds of ye Town be asserted according to former custom in Governor Cranfield's time, and according to comission.
That ye Treasurer take care to provid place for ye Governor & Council to meet in with the General Assembly.
B. II. p. 4.
The Lieut. Governor,
Henry Green S Robert Elliott Upon reading of the letter of Js" Addington, Esq. Sec'y. of their Maj’ties' Province of the Massachusetts Bay, in answer to a motion made by the Lieut. Governor, in pursuance of an order of this Board, of the 15th day of August last;- It is ordered that the Secr’y of this Province signify to his Excely the Govern' of the Massachusetts Bay that they have taken notice of the promise of the returne of the men at the Eastward belonging to this Prov
* Chownes. See next page.