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ascertained that the truth of that dismal news, the death of his Most Excellent Majesty King William the Third, of glorious memory,—he thereupon forthwith ordered the Militia to be in Arms the next morning, which was accordingly attended; and after a Condolence for the Kings unhappy death, Proclamation was made of the High and Mighty Princess ANN, of Denmark, Queen of England, Scotland, France and Ireland, Defender of the Faith &c. : first at her Maj’tys Fort at the Great Island; and then at the Town of Portsmouth ; at the celebration of [P. 47.] which solemnity all the great Gunns at the Fort and Town were discharged with sundry volleys of small Shott, the Lt. Govern" Council and principal Gentlemen of the Province being present, the ceremony was performed with all decency and the greatest demonstrations of joy and satisfaction imaginable.
Province of New Hampsh".
At a Council held at New Castle, on
Robert Elliott Nath. Fryer ) S. Richard Waldrons Upon the advice of the arrival of his Excellency Col. Joseph DUDLEY at Boston, Govern" of the Massachusetts Bay and New Hampshire,- It is thought meet that a Congratulary Address be sent to his Excellency, with all expedition from her Maj’tys Council in this Province, and that Mr. Secretary Story, Richard Jose, and Theodore Atkinson, Esqrs. be the persons that shall goe and present said Address to his Excellency at Boston. Copy of Address upon file.*
* This Address not now to be found.-ED.
[P. 48.] Province of New Hampsh".
At a Council held at Portsmo on Tuesday, the 7th July, 1702, ante meridiem.
Present. The Honble Wm. Partridge Esq. Lt. Governor. John Hinkes, I Robert Elliott, Nath. Fryer, sqs. Richard Waldron, y Esqs. The Lt. Govern" having recd the Declaration of War from his Excellency Joseph Dudley, Esq. between England, and France and Spain, acquainted the Council therewith, and desired their advice about proclaiming the War. Immediately upon which, the Militia was ordered in arms at the town of Portsmouth, and about twelve of the clock at Noon the Declaration of War was published in said town of Portsmouth, as also at her Maj’tys Fort at New Castle, when several great Guns and volleys of small Shott were fired. The Lt. Govern', several of the Council, and a great many of the principal Gentlemen and inhabitants of the Province were present.
This Ceremony was performed as accustomed.
ANNE R. [Transcribed from a Copy in the Secretary's Office.) ANNE, by the Grace of God of England, Scotland, France and
Ireland, Queen, defender of the faith &c: To our Trusty and well beloved JOSEPH DUDLEY, Esq., Greeting.
WEE, Reposing special Trust and Confidence in the Prudence, Courage and Loyaltie of you the said Joseph Dudley, out of our especial Grace certaine knowledge & meer motion HAVE thought fitt to Constitute & appoint, and by these presents doe Constitute and appoint you, the said Joseph Dudley, to be our Governor and Commander in Chief of all that part of our province of New Hampshire, within our Dominion of New England, in America, lying & extending itselfe from three miles northward of Merrimack River or any part thereof, unto the Province of Maine with the south part of the Isle of Shoals: And wee doe hereby Command and require you to doe & Execute all things in due manner that shall belong unto your said Command and the Trust wee have Reposed in you according to the several Powers and directions Granted and appointed you by this present Commission, & the Instructions herewith given you or by such further powers & Instructions as shall at any time hereafter be granted or appointed you; under our Signett or Signe Manuall and according to such Reasonable Lawes and Statutes as now are & hereafter shall be made and agreed upon by you with the Advice and Consent of the Councill and the Assembly of our said Province and Plantation under your Government in such manner and form as is hereafter expressed. And wee doe hereby give full power to you the said Joseph Dudley, after you shall have first taken the Oaths for the due Execution of the Office and Trust of our Governor and Commander in Chief, in and over our said Province of New Hampshire, which the said Councill or any five of them have here- v by full power and Authority, and are required to administer unto you, to give and Administer to each of the members of our said Councill as well the Oaths appointed by Act of Parliament to be taken instead of the Oaths of Allegiance and Supremacy, as the Test, and an Oath for the due Execution of their places and Trust, and likewise to require them to Subscribe the late Association mentioned in an Act of Parliament made in the Seventh & Eighth years, of the Reigne of our late Royal Brother, King Wm the third, of blessed memory; entitled an Act for the better security of his Majtys Royal person and Government,-AND, wee doe hereby give & grant unto you full power and Authority to suspend any of the members of our said Councill from sitting, voting or assisting therein, if you shall finde just cause for soe doing, and if it shall at any time happen that by the Death, Departure out of our said Province, or suspension of any of our said Counsellors there shall happen to be a vacancy in our said Councill, any three v whereof wee doe hereby appoint to be a Quorum, Our will & pleasure is, that you signify the same unto us by the first opportunity, that we may under our Signett & Signe manuall Constitute & appoint others in their Roome. But that our Affairs at that distance may not suffer for want of a due number of Counsellors, if it shall at any time happen that there are less than seaven of them Residing in our said Province, Wee doe hereby give and grant unto yon full power and Authority to Choose as many Persons out of the principal freeholders, inhabitants of our said Province as will make up the full number of the Councill to be Seaven
and noe more; which persons soe chosen & appointed by you shall be to all intents and purposes our Counsellors in our said Province till either they are confirmed by us, or until by the nomination of other Counsellors by us under our Signe manuall and Signett, the said Councill hath above seaven persons inst. AND wee doe hereby Give & Grant unto you full power and authority, with the Advice and consent of our said Councill from time to time as need shall require, to summon and call Assemblies of the freeholders within our Government in such manner and forme, as by the advice of our Councill you shall finde most convenient for our service, And the Good of our said Province; AND our will and pleasure is that the persons thereupon duely elected by the Major part of the freeholders, and being soe Returned and having before their sitting taken the Oaths appointed by Act of Parliament to be taken instead of the Oaths of Allegiance and Supremacy, And Subscribed the Test & Association aforesaid, which Oaths you shall Commissionate fitt persons, Under the Publick Seale to Administer, and without taking the said Oaths and Subscribing the said Test and Association, none shall be capable of sitting, tho elected, shall be called and held the Assembly of our said Province, And that you, the said Joseph Dudley, by and with the Advice and Consent of our said Councill and Assembly, or the Major part of them Respectively, have full power and Authority to Constitute & Ordaine Laws, Statutes & Ordinances for the Publick peace, welfare & good Government of our Said Province and Plantation and of the people and Inhabitants thereof, and such others as shall resort thereto, And for the benefit of us our heires and Successors, which said Lawes, Statutes and Ordinances are to be as near as may be Agreeable to the Lawes and Statutes of this our Kingdom of England-PROVIDED, that all such Statutes and Ordinances of what nature or Duration soever be within three months or sooner after the making thereof transmitted unto us under the publick Seale, for our approbation or disallowance of them, as alsoe Duplicate thereof by the next Conveyance, and in case all or any of them being not before Confirmed by us, shall at any time be disallowed and not approved, and soe Signified by us, our heires or Successors, under our or their signe manual, or signett, or by order of our or their privy Councill unto you the said Joseph Dudley, or to the Commander in Chief of our said prov. ince for the time being, then such or soe many of them as shall be disallowed and not approved shall from thenceforth cease, determine and be utterly voyde and of none effect anything to the contrary thereof in any wise notwithstanding: And to the end nothing may be passed or done by the said Councill or Assembly to the prejudice of us, our heires and successors, Wee will and Ordaine that you the said Joseph Dudley, shall have and enjoy a negative voyce in the making & passing of all Lawes, Statutes and Ordinances aforesaid, And that you shall and may likewise from time to time as you shall judge it necessary, Prorouge and Disolve all Generall Assemblies as aforesaid; AND our will and pleasure is that you shall and may keep and use the publick Seale, appointed or to be appointed by us for that our Province: And wee doe further give and grant unto you the said Joseph Dudley, full power & authority from time to time, and at all times hereafter, by yourself or by any other to be authorized by you in that behalfe to Administer the Oaths appointed by Act of Parliament to be given instead of the Oaths of Allegiance and Supremacy, to all and every such person and persons as you shall think fitt, who shall at any time or times pass into our said Province, or shall be Resident or abiding there; WEE doe hereby Give and Grant unto you full power and Authority to Erect, Constitute and Establish such and soe many Courts of Judicature and Publick Justice, within our said Province as you and they shall think fitt and necessary, for the hearing and determining of all Causes as well Criminall & Civill, according to Law and Equity, and for Awarding Execution thereupon, with all Reasonable, and necessary powers, Authorityes, fees, and priviledges belonging unto them; As also to appoint and Commissionate fitt persons in the Severall parts of your Government to Administer the Oaths appointed by Act of Parliament, to be taken instead of the Oaths of Allegiance and Supremacy, And the Test unto such as shall be obliged to take the same: And likewise to require them to subscribe the fore mentioned Association; And wee doe hereby authorize & Impower you to Constitute and appoint Judges, Justices of the Peace, Sheriffes, and other necessary Officers and Ministers in our Said Province for the better Administration of Justice and putting the Lawes in Execution, And to administer or Cause to be administered such Oathe or Oaths as are usuall for the due Execution and performance of Offices and places of Trust, And for the clearing of Truth in Judicial Causes; Wee do further by these presents will and require that Appeals be permitted to be made in cases of Error from our Courts of New Hampshire, unto you our Governor, and to our Councill and in your absence from the said Province to our L Governor and our said Councill, in Civill Causes, Provided the value Appealed for doe exceed the sume of one hundred pounds sterling; And that Security be first