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In answer thereto, ordered that the sd Geo. Long, Jno. Long & Jno. West have notice from this Board, that the Council have not been concerned in the seizure of sd ships, nor will they be in detaining of them; but give them all due countenance and assistance in their legall proceedings, according to their Maj'ties' command.
Ordered, That an Express be forthwith sent to the Lt. Governor, with the letter, (viz.)
" New Castle, 16th Nov. 1694. May it please your Honor
Since your departure hence, we are advised of the seizure of two mast ships by your Honor's warrant, which you may please to remember was contrary to our opinion given you in Council: and now Capt. Long, and the masthave made application to us thereabout: copy whereof together with our answer thereto, have here enclosed, that yHon' may take such measures in the prosccution of that matter, as to you shall seem most meet.”
Ordered, That Maj. Vaughan doe post twenty of those soldiers expected from the Massachusetts, at Oyster River; and those belonging to this Province now in service there, be thereupon dismist.
Ordered, That Maj. Vaughan call together the Capts or chief officers of each Town to consider and order what may be most proper for the settling of garrisons, scouts, or aught else that concerns the militia, and may be for the better defence of the Province.
Ordered, That whenever the Major sees cause to ride forth to visitt the frontiers or garrisons, or for any other military service, it shall be in his power to command a guard to attend him; whose quarters abroad shall be payd out of the public Treasury.
Whereas signification is given to the Lt. Governor from this Board, of an application made about the seizure of the mast ships, and the Council's answer thereto:
Ordered, That in case the said Lt. Governor do not prosecute the said seizure according to his warrants for the same, that Capt. Fryar take care the ships be no longer detained, but have liberty of sayling
B. II. p. 167.
Boston, 19th November, 1694. Gentl" - yors of 16th instant reca. In answer to which laid before yourselves, according to Acts 15 Caro: II., that Capt. Jno. Long and Jno. West had not made any entry with me, or any appointed by me; and did demand your advice, which was contrary to what you now write. However, as your letter in October last in my absence invested the Government [in] yourselves, in case according to petition, entry had been made, according to said Act (of which I am ignorant) the ships ought not to be detained; of which you having the government in your hands may determine: for I am no ways willing to have any persons obstructed in their legal undertakings; much less those who are employed for their Maj’ties' service: and I being out of the government, cannot give, as by your judgments, any commands or directions, have only to offer: If ye acts be preserved, the ships ought not to be detained; the which I leave wholly to yourselves, to judge and act; having in writing laid before you all that I have to say
JNO. USHER. Nota. As to any thing which may be on forfeiture of the vessels relating to myself, I do wholly relinquish. As to that which relates to the king is left with yourselves to do what is proper: having wholly given the charge and left it with you. J. U.
B. II. p. 163.
At a Council held at New
Castle, November 21st 1694.
Nath'. Fryar, Esq. President.
Richa Waldron Esqs. Whereas Geo. Long, Jno. Long and John West have made farther application to this Board, That notwithstanding the Council answer to their last address, the mast ships laden with their Maj ties' stores, are still, by the officers empowered by the Lt. Governor's warrt, continued under seizure: and whereas signification has been given to the Lt. Govern', that the seizure was made contrary to our opinion given him in council; if he saw cause to prosecute the same, we left it to him to take such measures therein as to him should seem meet; but by his answer finding no order for the prosecution of sd seizure, and nothing appearing to us, but that the masters of said ships have done their duty as the law requires:
Ordered, That the said ships, viz. the Supply, Jno. Long, master, and the Fir-tree, Jno. West, master, be forthwith freed from their seizure, and have liberty of proceeding on their voyage; and all officers concerned therein are to take notice thereof, and conform themselves thereto accordingly.
Whereas Capt. Nath' Fryar has supplied a barrel of powder to Maj. Wm. Vaughan, for the use of the soldiers come from the Massachusetts:
Ordered, That Mr. Fryar be paid £12:10:0, by the Treasurer out of the first money gathered into the Treasury.
Ordered, That what arms want mending of the soldiers that are or shall come from the Massachusetts, shall be mended by what smith Maj. Wm. Vaughan shall give order to for the same, and be payd out of the public Treasury.
Boston, 21st. November, 1694. B. II. p. 168.
GENTLEMEN Since mine the 19th instant, have account that the Governor of Canada hath ordered 150 Indians to make an attack upon N. England, which I think good to acquaint you with.
I have likewise to acquaint you, that having in writing laid before you of Capt. Jno. Long and Capt. Jno. West breaking the Act 15 Caro. II., by not entering with the Governor nor any authorized and appointed by him; and yourselves declaring, if entry was not made as the act directed, they ought to be seized by warrant from the Governor to the sheriff or any other officer; and whereas, Capt. Long and West in their petition declares they were ready to make it appear they had attended their duty in all respects as the law requires-of which I am ignorant; yourselves, being invested with the Government, do have the matter with yourselves wholly, to do that which may be proper.
John USHER. Superscribed—“For their Majesties' service:- To Capt. Nath' Fryer, President & Council, in Province of New Hampshire."
B. II. p. 164.
At a Council held at New Castle,
November 30, '94.
Nath' Fryar, Esq., President,
Riche Waldron, 3 In answer to the petition presented to this Board from Jno. Gerrish, Ilen. Dow, Tho. Packer, Captains, that the several captains or chief officers in each town are impowered to import bread or wheat to make bread, for four days' provisions for the soldiers, Ordered to be ready to march upon the first advice of the attack of the enemy: Upon application from Maj. Vaughan of the want of amunition and provision for supply of the soldiers lately come from the Massachusetts; and there appearing nothing in the treasurer's hands at present to supply the same;
Ordered, That Major Vaughan be impowered to issue out his warrants for impressing ammunition and provision for the soldiers according as there shall be occasion.
B. II. p. 165.
Held by adjornment Dec. 11th, 1694.
Nath' Fryar, Esq., President,
} Esqs. Peter Coffin,
Richa Waldron, Nath' Wear, Ordered by this Board, That every Petition concerning any particular man's affairs, and read in Council, the person offering the Petition shall pay to the Dep. Secr'y one shilling:
Ensigne Wm. Furber's petition relating to the keeping a ferry over from his house to Oyster River was read in Council - and filed.
In answer to Wm. Furber's petition,
Ordered, That Wm. Furber keep a ferry from his house at Welchman's cove, to transport travellers over to Oyster River; and to receive of passengers, viz: for a man three pence, & for horse and min eight pence to land at Mathews his neck; and for such as shall land at Durgin's of the West side of Mathews his neck, shall pay sixpence for a man, and twelve pence for horse and
man; and so to pay the same for returning back: and that the said Wm. Furber keep attendance and a sufficient boat or gundaloe,- so to continue till further orders.
In answer to the petition of the masters of ships and other vessels taking in their lading at Portsmo;
Ordered, That all such masters of vessels bound to foreign parts, shall be allowed their clearings and permitted to sayle without coming to anchor at New Castle.
Adjourned to the 20 Tuesday in
Jan’y next, at 12 o'clock.
B. II. p. 74.
January 8th, 1694-5. To ye honored President & Council now sitting at New Castle, on
ye Great Island.
The humble Petition of William Graves humbly sueeth ye your honours would please to take into your consideration ye distressed estate and condition of your poor Petitioner, who at ye Jast desolation at Oyster River was wounded by ye enemie, & his estate demolisht; who since hath been a long time with the Chirurgeon for cure & by ye blessing of God hath arrived to a good measure of health; but hath not wherewithall to answear ye Doctor, nor to help himself, humbly craveth some succour & reliefe therein; whereby you will do a very charitable Deed, and oblige him to pray for your honours prosperity.
Your humble Petitioner
[The following paper, unfortunately, is without date; but it Was found among other papers which render it probable it was drawn up about the time of the Indian Massacre at Oyster River, in 1694 –Ev.]
The condition of Luberland* is such: We had a good Garrison last summer, but was cut down and Burnt, and for want of a Garrison the Inhabitants are forced to leave the place and flie for Re
“Lubberland." In answer to inquiries made by the Editor, of Rev. Alvan Tobey, D.D., of Durham, respecting the locality, &c., of Lubberland, the following answer was receivedl:
" Lubberland is a well known locality in this town. It is the south-east part of the