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from the Exercise of his said office of Commander, & commit him into sate Custody either on board his own shipp or elsewhere, at the discretion of you in order to his being brought to answer for the same by Commission, under Our Great Seale of England or from our said High Admirall as is before Expressed IN WHICH case, our will and pleasure is that the Capt or Commander soe by you suspended, shall, during such his suspension and Committment, be succeeded in his said oflice by such Commission or warrant officer of our said Shipp, appointed by our Commissioner for executing the office of our High Admirall of England or by our high Admirall of England for the time being, as by the knowne practice and discipline of our Navy does and ought next to succeed him, as in case of death, sicknesses, or other ordinary disability happening to the Commander of any our shipps of warr, and not otherwise, you standing alsoe accountable to us for the truth & Importance of the Crimes and Misdemeanors, for which you shall soe proceed to the suspending of such our Captain or Commander'; PROVIDED alsoe that all such disorders & misdemeanors committed on shore by any Capt., Commander, Lieutenant, Master, or other officer, seamen, souldier, or person whatsoever belonging to any of our shipps of warr or other vessels acting by immediate Commission or warrant from our Commissioners for Executing the Office of our High Admirall of England, under the Seale of our Admiralty or from our High Admirall of England for the time being, may be tryed and punished according to the Lawes of the place where any such disorders, offences and misdemeanors shall be soe committed on shoare, notwithstanding such offender be in our actual service, and born in our pay on board any such our shipps of Warr, or other vessels acting by Imediate Commission or Warrant from our Commissioners for executing the office of our Iligh Admirall, or from our high Admirall as aforesaid, soe he shall not receive any protection for the avoyding of justice, for such offences Committed, on shoare, from any pretence of his being Imployed in our service at Sea: OUR WILL AND pleasure [is] that all publicke money's raised or to be raised within our said Province, and other tlie Territories depending thereupon, be issued out by warrant from you by and with the Advice and consent of the Councill, and disposed of by you for the support of the Government and not otherwise: AND WEE doe hereby likewise give and grant unto you full power & Authority by and with the advice of our said Councill, to agree with the lihabitants of our Province and Territories aforesaid, for such Lands, Tenements, And Hereditaments, as now are or hereafter shall be in our power to dispose of, and them to grant to any person or persons for such Tearmes and under such moderate Quitt rents, Services, and acknowledgements to be thereupon referred unto us, as you by and with the advice aforesaid shall think fitt, which gd grants are to pass and be sealed, by our seale of New Hampshire, and being entered upon Record by such Officer and Officers as you shall appoint thereunto, shall be good and effectuall in Law against us, our heires and successors. AND WEE do hereby give you full power to appoint faires, Marts, & Markets within our said Province as you, with the advice of our said Councill shall think fitt, and to order & appoint such and soe many Ports, Harbours, Bays, Havens and other places, for the Convenience and Security of shipping and for the better loading and unloading of goods and merchandizes, in such and soe many places, as by you with the Advice and Consent of our said Councill, shall be thought fitt and Convenient, and in them or any of them to erect, Nominate and appoint, Custom Houses, Ware houses, and offices relating thereunto, and them to alter, Change, place or displace from time to time, as with the advice aforesaid, shall be thought fitt. AND WEE doe, by these presents Will, require and Command you to take all possible care for the discountenance of vice and encouraging of virtue and good Living, that by such examples the Infidells may be invited and desire to partake of the Christian faith: AND FURTHER our will and pleasure is, that you shall not at any time hereafter, by colour of any power or Authority hereby granted or mentioned to be granted, take upon you to give, grant or dispose of any Office or place within our said Province and Territories, which now is or shall be granted under the Great Seale of England, any further than that you may, upon the Vacancy of any such office or Suspension of any Officer by you, putt in any person to officiate in the intervall, untill the said place be disposed of by us under the Great Seale of England, or that our directions be otherwise given therein; AND WEE doe hereby require & Command all officers and Ministers Civil and Military, and all other Inhabitants of our said Province to be obedient, Ayding and Assisting unto you the said Earle of Bellomont, in the execution of this our Commission, & of the powers and authorities therein contained; and in case of your death or absence out of our said Province, unto such person as shall be appointed by us to be our Lieutenant Governor or Commander in Chiefe of our said Province, to whom we doe therefore by these presents, give and grant all and singular the powers and Authorities aforesaid to be executed and enjoyed by him during our pleasure, or untill you returne to our sa Province: And if upon such death or absence there be noe person upon the place Commissionated by us to be Commander in Chiefe, OUR WILL and pleasure is that then the present Councill of New Hampshire, doe take upon them the administration of the Government and Execute this Commission, and the severall powers and Authorities therein contained, and that such Counsellor who shall be at the time of your death residing within Our Province of New Hampshire, and Nominated in our Instructions to you before any other at that time residing there, doe preside in our said Councill, with such powers and preheminences as any former President hath used and enjoyed within our said Province, untill our pleasure shall be knowen therein, or your return as aforesaid. LASTLY, wee doe hereby ordaine and appoint that you the said Earle of Bellomont shall and may hold, Execute, and enjoy the Office and place of our Governor & Commander in Chiefe, in and over our Province & Plantation of New Hampshire, together with all & singular the powers and authorities hereby granted unto you, for and during our pleasure, immediately upon your Arrivall within our said Province of New
Hampshire, and the Publication of this our Commission, from which time our Commission to our Trusty and well beloved SanUEL ALLEN, Esq., to be Governor and Commander in Chicfe of our said Province of New Hampshire, is immediately to cease & become voyd; & IN WITNESS whereof, wee have caused these our letters to be made Patents. Wittnesse Thomas Archbishop of Canterbury, and the rest of the Guardians and justices of the Kingdome at Westminister, the Eighteenth day of June, in the Ninth year of our Reigne.
A Commission for Administering the Oath to the Governor of
[Commissions, &c., in the Secretary's office.) WILLIAM the Third, by the Grace of God, of England, Scotland, France and Ireland, King, Defender of the Faith, &c: To our trusty and well beloved Edward Randolph, Francis Foxcraft, Nathaniel Byfield, Benjamin Bullivant, Robert Elliott, John Hincks and Thomas Newton, Esquires, or any five of the members of the Councill, and the Collector of his Majties Customes, for the time being, within our Province of New Hampshire, Greeting:
WHEREAS—[here the several Acts of Parliament relating to taking the oath are referred to]-WEE, therefore Reposing especial Trust and Confidence in you, doe hereby appoint, & authorise you, the said Edward Randolph, Francis Foxcraft, Nathaniel Byfield, Benjamin Bullivant, Robert Elliott, John Hincks and Thomas Newton, or any five of the members of the Council, and the Collector of his Maj'ties Customes for the time being, within our Province of New Hampshire, or any three or more of you, to administer the following oath to the Governor or Commander-inChiefe of our sd Province of New Hampshire; and in case of the absence, death or removal of soe many of you, the Commissioners, that there are not a sufficient Number remaining to administer the said oath,–Our further will and pleasure is, that any three or more of the Councill in the said Province for the time being, shall be and are hereby appointed and Impowered to administer the said Oath to the Governor or Commander-in-Cheife in the said Province, for the time being ;-IN WITNESSE whereof wee bave caused these our Letters to be made Patents. WITNESSE, Thomas, Archbishop of Canterbury, and the rest of the Guardians and Justices of the Kiugdome, at Westminster, the thirtieth day of April, in the ninth year of our Reigne.
OATH. I, A. B., Governor of the Province of New Hampshire, in America, doe solemnly sweare to doe my utmost, that all the matters and things contained in an Act of Parliament made in England, in the twelfth year of the reign of his late Majtie King Charles yo Second, entitled an Act for encouraging and encreasing of shipping and Navigation, and one other Act made in the fifteenth year of his said late Majties Reign, entitled an Act for the Encouragement of Trade; and the Act made in the Seventh and eighth years of his present Maj'ties Reigne, Entitled an Act for preventing frauds and regulating Abuses in the plantation Trade; and alsoe, all other Acts which have been made for the better regulating and securing the Plantation Trade, shall be punctually and bona fide observed according to the true intent and meaning thereof so farr as appertains to me the Governor of the said Province of New Hampshire.
SOE HELP ME GOD.
[Copied from original Council Records in the Secretary's office. Figures in the margin, denote the page of MS. Records.) P. 1. Province of New Hampshire.
At a Council held at Portsmouth, Lunæ die,
Robert Elliott Esqs.
John Gerrish His Maj’tys Letters Patents constituting his Excellency Richard, Earle of Bellomont* Capt Gener and Govern" in
* The Earl of Bellomont was born in the County of Sligo, Ireland, in the year 1636. His grandfather, Sir Charles Coote, was a “soldier of fortune, trained in the wars of Elizabeth," and distinguished himself by his ferocity in Ireland, in the reign of Charles I. Richard Coote, the Earl's father, was the third son of Sir Charles, and brother of the Earl of Mountrath; and, having co-operated in bringing about the Restoration, was, in 1660, created Baron of Coloony, (Irel'd.) He died on the 16th of July, 1683, and was succeeded in his title and estates, by his son Richard, who went over to the Continent after the accession of James II, and was one of the first to espouse the interest of the Prince of Orange. In 1688, he became a member of Parliament for Droitcoriek in Worcestershire. In March, 1689, he received the appointment of Treasurer and Receiver-General to Queen Mary, consort of William III., whereupon, the Parliament hell at Dublin, by James II, pronounced an attainder against him. The displeasure of the fallen Monarch, however, only served to secure the favor of William and Mary; and, on the 20 November, 1689, he was advanced to the dignity of Earl of Bellomont. He married, in 1660, Catharine, daughter and heiress of John Nanfan, Esq., of Birch Monton, in the County of Worcester, and had issue two sons, Xanlan and Richard, wbo successively inherited their father's title.
Chief in & over his Maj’tys Province of New Hampshire, was read and published.
His Maj'tys Commission unto his Excellency Richard, Earle of Bellomont, to be Vice Admirall was produced in Council.
His Maj’tys commission for administering the oath appointed by an Act of Parliament made in the seventh and eighth year of his present Maj’tys reign, that all Gorernors shall observe all the Clauses, matters and things contained in the several acts of Parliment in that Act recited and in that present Act was also read.
The oaths appointed by Act of Parliament instead of the Oaths of Allegiance and supremacy, were by the Council administered unto his Excellency Richard Earl of Bellomont, also his Excellency repeated and subscribed the Declaration and Association and took the Oath enjoined by an Act of Parliament made in the seventh and eighth year of his present Maj'tys reign, to observe all matters and things contained in ye severall Acts of Parliament in that Act re
On his arrival, in this country 1699, as Governor of New-York, Massachusetts and New Hampshire, he was received with the greatest res to ingratiate himself with the people. He was condescending, atfable and courteous, and rendered himself very popular in his Government. Short as was his aulministration, he obtained a larger sum, as a salary and gratuity, than any of his predecessors. His last meeting with the Council and General Assembly of New Hampshire, was the 17th of August, 1699. In May, 1700, he took leave of Massachusetts, and went to New York of his administration in that Colony a full account may be found in the Col. Hist. of N. Y. Vol. III, IV, V, &c. The Earl of Bellomont died in New York, March 5, 1701. He was interred with becoming honors in the chapel of the fort at the Battery; but, afterwards, when the fort was taken down and the Battery leveled, in 1790, the leaden coffin was removed and finally deposited in St. Paul's Church Yard, N. Y. The Countess of Bellomont soon after his decease returned to Ireland, and died at the family seat in the County of Sligo, 12th March, 1728, in the 90th year of her age.-Col, Doc. N. Y., Vol. IV. p. 851, wote, and Holmes' Am. An. Vol. I. p. 481.-ED,