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[P. 94.] Province of New Hampshire.

At a Council held at Portsmo the 4th
day of November, 1703.

The Honourable John Usher, Esq. Lieut. Governour.

George Jeffrey,
Robert Elliott, la Saml. Penhallow, Esqs.

Peter Coffin, sqs. Henry Dow, The Honourable the Lieut. Governour produced to this Board the petition of Nathanl. Fryer, Esq. desiring to be dismist as a member at this Board, by reason of his old age and infirmities not capable to attend her Majestys service, which was granted him and he is accordingly dismist from being a member of this Board. (1)

Ordered, that all the former Treasurers of this Province, whom it concerns, bring in their accounts to this Board by Tuesday next, from the 16th May 1694, to May 1700, that they may be accounted for in order to pass under the Deputy Auditors hand, and that said accounts be brought in due forme.

The Lieut. Governour acquainted this Board, that there was letters from Whitehall, that all the Records of this Province, with several Files of papers should be lodged and remaine in the Secretary's hands of this Province.

Mr. Saml. Penhallow who now hath the keeping of the

(1) For many years, NATIIANIEL FRYER, Esq., was a leading man, and one of the most useful in the Province. He resided at Great Island: was a Selectman of Portsmouth, at different times, eleven years; County Treasurer in 1668, which office he probably held till 1680; in 1678 was a Commissioner to treat with the Indians at Casco; in 1683 was appointed a Councilor, and Assistant of the Court of Common Pleas. He opposed the conviction of Rev. Joshua Moody for refusing to administer the sacrament to Cranfield. In 1689, after the overthrow of Andros, he was elected a deputy from Portsmouth to a proposed Convention, to agree upon some form of government. He was one of the Council under Gov. Samuel Allen, 1692. In 1695, he was President of the Council. In 1693, was appointed Chief Justice of the Court of Common Pleas; in 1697, Judge of Probate. He was one of the signers of the "Association, 1097, to stand by the Protestant succession,” Mr. Fryer died August 13, 1705 " after long illness and weakness,"-age unknown. He left one or more sons, but nothing is known (f his descen·lants of his name.-ED. (See “ Notices of Councilors, by Hon. S. D. Bell," Coll. N. H. Hist. VIII. pp. 352-356.)

said Records acquainted this Board that the same were put into his Custody by an order of Lieutent Governour, Council and Representatives.

Ordered, that the said Samuel Penhallow produce such order to this Board at their next sitting.

His Honor the Lieut. Governour having proposed to this Board the removal of John Hinkes, Esq. from his post as Captain of her Maj’tys Fort for several reasons: It is the opinion of the Council, that in case his Hon' the Lieut. Govern should make any alteration or removal of the Captain of said Fort, that they think Mr. Shadrach Walton a very fit and proper person to receive a Commission as Capt. of the same. (P. 95.] Ordered, that John Cotton and Ephraim Maustin be paid out of the Treasury in course, for their going Post to Boston, and that they bring in their Debenter to the Secretary, how much they demand.

His Honour the Lieut. Governonr sent Mr. Secretary for Colonel Romer to come to this Board, and acquainted him that there were several impressed men at her Maj’tys Fort to attend Colonel Romer's orders ; and that considering the season of the year the said impressed men could doe noe work at said Fort: therefore advised with said Romer whether it were not proper to dismiss the impressed men and to press noe more for that service till next Spring ; unless Colonel Romer should have any especial occasion at said Fort for men for her Maj’tys service. Colonel Romer was of the opinion it was very proper to dismiss the impressed men, and to press noe more for that service till next Spring.

Ordered, that the impressed men at the Fort be dismist accordingly.

Ordered, that there be two men impressed at New Castle to serve as soldjers at the Fort.

[P. 96.] Province of New Hampsh.

At a Council held at Portsmouth, on
Thursday, the 9th of November, 1703.

The Honorble John Usher, Esq. Lieut. Governour.
Robert Elliott,

George Jeffrey,
Peter Coffin, Esqs. Saml. Penhallow, esqs.

Henry Dow.
His Honor the Lieut. Governour was pleased to order Mr.
Secretary Story to read at this Board some part of her
Maj’tys Instructions given to his Excellency Joseph Dudley,
Esq. Governour of said Province, &c. viz.

That in the absence of any of her Majestys Council above the space of twelve months, without leave, or that any of them continue absent for the space of two years, or the greater part thereof successively, without leave, to be null and voyde as members of said Council, &c.

Ordered, That an oath be tendered and given to the Lieutenant Governor and Council for the Administration of Justice in all Causes that shall come before them, by way of appeal from her Majestys Superior Court, &c.; and the same oath to be given to all succeeding Members of her Majesty's said Council.

His Honour, the Lieut. Governour, was also pleased to order Mr. Secretary Story to read to this Board another part of her Majestys Instructions, given to his Excellency Joseph Dudley, Esq. Governour &c. relating that in the absence of the Governour and Lieutenant Governour out of this Province, the Council have the administration of the Government, &c. but not to pass Acts, &c., unless for the keeping the Queen's peace, &c.

The petition of Elisabeth Wybird, relating to Mr. Sampson Sheafe's seizing of four baggs of Cotton wool, &c. in the year 1701, and there having been several trials about the same at her Majesty's Inferiour and Superiour (P. 87.] Courts of this Province, and at last Ordered by Lieut. Gorernour Partridge and Council to be tried at a Court of Ad. miralty, was read at this Board.

Ordered, that Mr. Secretary Story, give notice to Mr. Sheafe to attend this Board tomorrow morning, by ten of the clock, to answer the said Petition.

The Petition of Tobias Langdon was read at this Board, setting forth that he having the Command of one of the Companies of Militia in the town of Portsmouth, did carry his company to the Training field to exercise them; and finding a fence about said field, did with the concurrence and consent of the Militia officers of the other company belonging to said town, and his own, remove said fence out of their way: whereupon Wm. Cotton who set up said fence made complaint to Lieut. Governor Partridge and Council, who were pleased to Amerce your petitioner two pounds ten shillings Costs, to pay the said Cotton, and did order Execution to be issued forth against your Petitioner who is made liable to pay the same without having the benefit of the Law and liberty of a subject, to be tried by his Peers in a legal course :-Prays that he may be acquitted of said Cost, or at least that the Execution be suspended until William Cotton, legally make out his title to the said Training field, which hath been occupied for that use about

forty yearheld, which", legally mall Execution

Ordered, that Mr. Secretary give notice to Mr. Wm. Cotton, to attend this Board tomorrow morning, ten of the clock.

Province of New Hampshire. [P. 98.]

At a Council held at Portsmo the 10th day of November, 1703.

The Honourable John Usher, Esq. Lieut. Governour &c.

Robert Elliott, la George Jeffrey,
Peter Coffin,

Saml. Penhallow, { Esqs.
Henry Dow,

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The petition of Capt. Robert Eason was read at this Board, relating to his being abated in paying a quantity of powder for said Ship before she be cleared, &c. She being in her Majesty's service &c.

Mr. Sheafe appeared according to summons and owned the substance of Elizabeth Wybirds petition, and this Board having seriously considered said petition,

Ordered, that Mr. Secretary Story, make out a Writ of delivery directed to the Deputy Collector of her Majesty's Customs within this Province, to deliver the four baggs of Cotton Wool mentioned in said petition to the petitioner Elisabeth Wybird, she first giving in sufficient security to her Majesty, that in case the said Wool shall become forfeited by any sentence or Decree of the Judge of the Court of Admiralty, before whom the same was tried, within three months after the date hereof, to pay to her Majesty the value of said Cotton Wool according to apprisement by three just and honest men ; but if no sentence or decree pass for the forfeiting of the said Cotton wool, at said Court of Admiralty, within three months as aforesaid, the same having laid undetermined after trial in said Admiralty Court ever since last February, that then the said Bonds so given by the Petitioner to the Queen, shall be null and voyde and delivered up.

Mr. Samuel Penhallow appeared at this Board and delivered in the several orders of Council and General Assembly relating to his being Recorder, and having Records put into his hands. [P. 99.] The Honourable the Lieut. Governour delivered in to this Board an account of what Books of Records, files &c. were put in Major William Vaughan's hands, formerly Recorder, and now in Mr. Penhallow's hands ;List upon file.

Ordered, that Mr. Secretary Story write to his Excellency that this Board humbly offers, that as Captain Eason intends the latter end of this month to sail for England, that

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