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order from yr Lordpps for transmitting an acct of the methods of proceeding in the several Courts upon trial of all sorts of causes within this his Maj'tys Province of New Hampshire: In obedience whereto, I have here inclosed a Copy of a Law of this Proyince for establishing Courts of Judicature for trial of all causes within the same, wherein all methods of proceeding therein are particularly mentioned, & a special regard had to the direction of his Maj'tys Commission in matters of Appeal to which I most humbly refer your Lordships and beg leave to subscribe,
May it please your Lordships,
Province of New Hampshire.
At a Council held at Portsmo the seventh day
Esqs. Richard Waldron. The Lieut. Govern" having formerly had advice from the · late Earle of Bellomont in a case of a vacancy of any of the Council, that he should swear Major Wm. Vaughan as one of the said Council, and said Major Vaughan being this day sent for to this Board was by the Lieut. Govern" and Council admitted as one of the Council, who took the oaths appointed by Act of Parliament instead of the oaths of Allegiance and Supremacy, and signed and repeated the Declaration and Association, and took the oath of a Councillor.
Ephraim Marstin, Constable of the town of Hampton, gave this Board to understand, that pursuant to a Warrant from the Treasurer he called the inhabitants of said town together to make choice of Assessors, as the law directs, but some ill-affected persons did give interruption thereto, whereby it might occasion some ill consequence.
Ordered, that the Secretary write to the Justices of the peace and Selectmen of the town of Hampton to proceed upon making the Rate as the law directs, and give notice to Lt. Govern' and Council of any person that shall give any interruption thereto, that such person offending might be treated accordingly. Wt was write is upon file.
Province of New Hampshire. (P. 16.]
At a Council held at Portsmo on Monday the 12th May, 1701.
Present. The Honourable Wm. Partridge, Esq. Lieut. Govern". John Hinkes
Wm. Vaughan Nath. Fryers
John Gerrish Esqs.
Richard Waldron) An order at the Court at Hampton Court,* dated the 224 October 1700, present the Kings most Excellent Majesty, was read at this Board relating to the repealing of a Law, entitled an Act for the restraining and punishing of Privateers and Pirates—(and is upon file).
Ordered, that the said order be published by the Sheriff with Beat of Drum.
A representation of the Lords Com" of Trade and Plantations bearing date Whitehall, October the 9th 1700, was read at this Board and upon file.
An order at the Court at Hampton Court the 224 October, present, the Kings most Excellent Majesty, in Council, was read at this Board, (and upon file).
Ordered, that the said Representation and Orders, be entered in the Council Book—and are as follows.
* In England.
At the Court at Hampton Court, the 224 of October, 1700.
Present. The Kings most Excellent Maj’ty in Council. Whereas by Commission under the Great Seal of England, the Governor, Council and Assembly of his Maj'tys Province of New Hampshire, have been authorized and impowered to Constitute and Ordain Laws, Statutes and Ordinances, which are to be transmitted to his Maj’ty for his Royal Approbation or disallowance of them; and whereas in pursuance of the said Commission a Law has been made by the Governor, Council, and Assembly of the said Province of New Hampshire, entitled an Act for the restraining and punishing of Privateers and Pirates—which the Lords Com" for Trade and Plantations have perused and for the reasons set forth in their Representation this day read at the Board, are humbly of opinion that the same be repealed-His Maj’ty with the advice of his Privy Council is pleased to declare bis disapprobation and disallowance of the said Law, and pursuant to his Royal Pleasure thereupon, the said Law is hereby repealed and declared void and of no effect.
[P. 18.] To their Excellencies the Lords Justices. May it please your Excellencies.
The Earle of Bellomont having lately transmitted to us some Acts of the General Assembly of his Majestys Province of New Hampshire, held there the 7th August 1699: Upon which we cannot make a perfect Report, (because of the confusion and uncer. tain state of the former Acts of that Province,) until we receive a complete and authentic collection of the whole, which has accordingly been required: Wee only crave leave at present to represent unto yor Excellencies our opinion upon the two following, viz.
1st. An Act for restraining and punishing Privateers and Pirates,* which though it might have been useful to the end intended in case no other provision had been made here for the same purpose; yet finding it insufficient with the Act passed here the last session of Parliament for the more effectual suppression of Piracy, We are humbly of the opinion that it be Repealed. 2dly. An Act for a Tax or Assessment of 500£
Which being intended for the proper use of the Earle of Bellomont, but by the Constitution of that Government his Lordship
* See Vol. I. Prov. Papers, pp. 505-507.
not being allowed to receive the benefit thereof, without his Maj’tys approbation first had that the money be so supplied :
We humbly offer that your Excellencies may be graciously pleased to permit him, the said Earl of Bellomont to receive the said sum of 500£, according to said Act.
is most humbly submitted.
PHILIP MEADOWS, JNO. POLLEXFEN,
At the Court at Hampton Court, the 22d of October, 1700.
Present. The Kings most Excellent Majesty in Council. Upon reading this day at the Board a Representation from the Lords Com” for Trade and Plantations dated the 10th inst. setting forth that an Act had been lately passed by the General Assembly of his Maj'tys Province of New Hampshire, entitled an Act for a Tax or assessment of five hundred pounds, which is intended for the proper use of the Earl of Bellomont, but by the Constitution of that Government his Lordship not being allowed to receive the benefit thereof without his Maj'tys approbation first had that the money be so applied; His Maj'ty in Council is pleased to approve the said Act; and to order that the said Earle of Bellomont be and he is hereby permitted to receive to his own use the said sum of 500 lb intended him as a present by said Act. Whereof all persons concerned are to take notice and govern themselves accordingly.
John POVEY. New Hampshire. 500£ to the Earl of Bellomont.
Province of New Hampshire. [P. 20.]
At a Council held at Portsmo, Friday
Peter Coffin I
Richard Waldron. The several Letters following, being sent to the Lieut. Govern' to be communicated to the Council, was accordingly done and read at this Board, and are as follows, (all upon file.) Confirmation of the Treaty with Algier, and the additional
Articles 17th Aug. 1700. First
We, the most Excellent and most Illustrious Lords, Mustapha Dey, Ali Bashaw, and Mustapha Aga, Govern" of the most famous and warlike City and Kingdom of Algier, do by these presents renew and confirm the Peace we so happily enjoy with the King of Great Brittaine, France and Ireland, Defender of the Christian Faith, and his subjects, made in the year 1682, in every part and Article, more particularly that of the gth wherein it is expressed that no Ship or Vessel belonging to our Government of Algier, shall cruise near or in sight of any the Roads, Havens, or Ports, Towns or places belonging to the said King of Great Brittaine or any ways disturb the Peace or Commerce of the same. And in compliance with the gth Article of that Treaty, We do sincerely promise and declare, that such Orders shall for the future be given to all Our Commanders, that under a severe penalty and Our utmost displeasure they shall not enter into the Channel of England, nor come nor cruise in sight of any part of his Maj’tys of Great Brittaine's Dominions, any more for the time to come. Secondly
That whereas we had declared (P. 21] that all Ships and Vessels belonging to the said King of Great Brittaine should have passes, by the last of September, 1700, We do by these declare, at the desire of Capt. John Munden, Commander-in-chief of his Maj'tys Ships in the Mediterranean, and Robert Cole, Esq. his Maj'tys Consul now residing at our City of Algier, on behalf of their great M', that no passes shall be required or expected from any of the English Ships or Vessels in any part of the world, but that they shall proceed on their voyage without producing or shewing a pass to any of our Cruizers till the last of September 1701; and after that time is expired, and any ship of England be seized not having a pass, we do hereby declare that the Goods in