[P. 402.] Ordered, That they be discharged; first giving bonds with a surety to pay their several rates for which they are now imprisoned, or deliver up their persons to the Governt when demanded. They gave bond accordingly-as on file. Rich Waldron, Cler. Con. Pro: N. Hamp❜. At a Council held at Portsmouth, Augst 4th, 1721. Present. His Honour John Wentworth, Esq. Lt. Gov'. Sam' Penhallow,) Geo. Jaffrey, Esqs. Rich Wibird, Esqs. His Honour the Lt. Gov' represented to the board, that the Govern' of the Massa had delegated several persons of distinction to go into the Eastern frontiers and Inquire into the late misbehaviours of the Indians there, and to demand satisfaction for the same; and proposed, that Col. Walton should be desired (in behalf of this Province) to joyn the said Gentlemen in the s affair; which was consented to, and then ordered that the Clerk make out a warrant for the said Col. Walton accordingly. Ordered, that the clerk prepare a warrant for Mr. Joseph Pierce, to accompany this Province's quota of souldiers going eastwd in the capacity of a surgeon. Rich Waldron, Cler. Con. At a Council held at Portmouth, September 21st, 1721. His Honour the Lt. Gov moved ye Council for their opinion relating to the two deserters from ye Eastern forces, namely now in prison, who agreed that they be forthwth punished and returned to their duty; and thereupon ordered that Col. Hunking (to whose regiment the said deserters belong) forthwth assemble so many of his commission officers as he thinks meet and proceed to the tryal of the said deserters, so that in case of conviction, they may receive their punishment on Saturday next, at three o'clock afternoon; and further, that the said Col. Hunking be assisted in the tryal (besides by his own officers) by Col. Shadrack Walton, who is hereby impowered to joyn and assist therein, and that Col. Hunking be served with a copy of this ord' immediately. Pro: N. Hamp. Rich Waldron, Cler. Con. At a Council held at Portsmouth, Oct. 15th, 1721. Present. His Honour John Wentworth, Esq. Lt. Gov. Sam' Penhallow, Esqs. Geo. Jaffrey, Rich Wibird, Thom Packer, Esqs. His Honour the Lieut. Gov acquainted the board that he had received a letter from Gov' Shute advising him of a general Thanksgiving ordered and appointed in the Prov: of Mass, and proposed that Proclamation be issued out for a publick Thanksgiving in this Governm' also: Whereupon, It was Ordered, that Mr. Penhallow prepare a draught, and that the clerk forthwth issue out Proclamations copyed from the same, the day appointed being ye 26th of ye instant month. At a Council held at Portsmouth, Feb 6th, 1721-2. Present. His Honour, John Wentworth, Esq. Lt. Gov2. Sam! Penhallow,} Rich Wibird, It appearing to the board that there are a considerable number of Indians at Dover whose words and actions give just grounds of suspicion of an ill design agst that town, the Council request his Honour to cover the inhabitants there with fifty men for six days; and ordered that the Treasurer supply them wth three hundred weight of bread. Rich Waldron, Cler. Coun. Pro: N. Hamp❜. At a Council held at Portsmouth, as the Supream His Brothers and Sisters, Appelles &c. Ordered, That the Clerk issue out a warrt for a new appraism'. upon John Banfield, decd his land Estate, and for making a plat thereof to be delivered to the Clerk of the Council within thirty days; who shall administer the proper oaths to the appraisers, and that the appell' chuse one, the appelles another, and the Council appoint Mr. Hughes the third. Ricd Waldron, Cler. Con. [P. 405.] Pro: N. Hamp'. At a Council held at Portsmouth, as the Supream Pro From the sentence of the Judge of Probate appearing and allowing the will of Joseph Swett, of Hampton, Deceased: Both partys being present and heard, the Court recommended an agreemt to them, and adjourned for ye space of eight days, to give them an opportunity so to do, &c. Rich'. Waldron, Cler. Con. Pro: N. Hamp'. At a Council held at Portsmouth, as Supream Probate, March 7th, 1721-2. Present His Honour John Wentworth, Esq. Lt. Gov'. Hugh Banfield, eldest son of John Banfield, deed Appel'. His Brothers and Sisters, the other children, of the said John Banfield, Appelles. From a judgment of the Judge of Probate for the division of the aforesaid deceased John Banfield's land estate among his children; The pleas and allegations on each side [P. 406.] being fully heard, and a new appraisement and plat of the premises made and exhibited to the Court, upon oath, according to law :-It is considered, that the lott formerly allotted to Agnis Fletcher by the Judge of Probate, be hereby confirmed to her, now Agnis Parsly, and that ye proportion of Charles Banfield be confirmed where his house now stands; and that Hugh Banfield, the Appell, have the residue of the premises, paying to each of the other children of the deceased, after the rate of eight pounds per acre for their respective proportions, wthin two years from this time, with lawful interest for the same, Provided he the s Hugh give sufficient security within ten days for the aforesaid payments; and in case of his default or neglect, then the other children to have their several allottments and proportions according to the aforesaid division of the Judge of Probate; and that the widow of the deceased have the homestead and orchard according to former allottment. Rich Waldron, Cler. Con. Pro. N. Hamp". At a Council held at Portsmouth, as Supream Probate, March 13, 1721-2. Present. His Honour John Wentworth, Esq. Lt. Gov. Sam' Penhallow, Esqs. Geo. Jaffrey, Shad: Walton, Esqs. The judgment of this Court of the 7th instant in the case of Hugh Banfield Appellt vs. his Brothers and Sisters, appellee, wanting some explanation;—It is hereby declared, that the true "intent and meaning thereof was, that the said Hugh Banfield shall give security for the payment of no more mony to his brothers and sisters than the price of the land (at ye rate of eight pounds an acre) which he is forthwith to possess and enjoy; and that he, the said Hugh, shall have two years time after the death of his mother, for |