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and make a report thereof to this board from Capt. Atkinson.
The Petition of Hampton was read at this Board, the Selectmen of Hampton & Exeter both being p'sent.
Upon hearing both p'ties it was
Ordered, That ye lines between Hampton & Exeter be seen and perambulated wthin fourteen days, & y each town appoint a town meeting forth with to choose a Committee to run the said lines, and yt Capt. James Jeffrey be ye survey? to do y service & make his return to this board, ye towns paying his charge.
Col. Packer's Acct. dated in Jan' last, 1714, and ye first of Feb' and 7th ditto, amounting to £4: 13:11, is allowed & ord'ed to be pa in course.
Ordered, By the Councill, yt ten pounds be p'sented to ye Lieut. Goyr for the service of this Journey, besides his charges for a man to attend him, 30s.
[P. 337.] Province of New Hampshire.
At a Council held at Portsmoge 11th
Sam? Penhallow, , Richard Waldron, sqs. Mark Hunking,
John Wentworth, Esq. Whereas Charles Story,* Esq., deceased, was late Secretary
of this Province, in whose hands ye Books of records and files of papers belonging to this Governm' lay ;
* For the following notice of Charles Story, Esq., the Editor is indebted to the late Hon. S. D. Bell, of Manchester
Charles Story was appointed Judge of the Court of Admiralty for New Hampshire in the fall of 1636. He sailed for Portsmouth late in the same season, and arrived akut the middle of January, 1797. On the 19th of that month le presented his comission to the President and Council, which was red, approved, and ordered to be recorded.
I have been able to ascertain nothing of his early history, of the time or place of his birth, of his parentage, education or employment. From his appointment one may fairly infer that in some capacity he had been trained to the legal profession, probably at Doctors' Commons, whence the Admiralty officers bad been most usually selected. As the profits of his new office must have been small, he probably did not leave a very lucrative position at home.
Ordered, That two Gent" of ye Councill, viz. Sam. Penhallow and Mark Hunking, Esqs. demand and receive of ye Exects of said Story all such books and papers belonging to this Govern as above, and deposite ye same in ye hands of Maj. Wm. Vaughan, there to remain till further order.
Though the people of the Province were broken into parties, Mr. Story was pleasantly received by the party in power, and Mr. Henry Penny, who had been previously Secretary of the Province, was removed from office, and Mr. Story was appointed, took the onths, and the records and tiles of the Province were placed in his custowly.
The Council again conveneil on the first of February, but Mr. Story did not attend. They ordered a boat to be sent to Newcastle for him immediately. He appeared the next day, and the President reprimanded him for the neglect. Story answered " with lotty in lecent carriage towards the Council," and said he had been cautioned against acting in those ottices. The Council enquired by whom, but he declined to answer, and suspicions were entertained that he had been talked to by Lt. Governor Uster, who was in active hostility to the President and a majority of the Council. The Council then demanded of him the books and papers which had been delivered to him, but he peremptorily refused to deliver them. Whereupon the Council ordered the Const&ble to take him into custody, and issued a warrant to the Sheriff and Capt. John Pickering to take assistance and make search of houses, &c., for such books and papers, and bring them to the President and Council. The Sherift' in a short time brought the records and tiles. Mr. Story was brought in and informed that they had obtained their books and papers, notwithstanding his etforts to prevent it ; and since he hu so peremptorily refused to serve the King, and so dismissed himself, the President and Council dismissed him. As to his office of Judge of the Almiralty within this Province the Court would do what was proper in countenancing and assisting him in the exercise of that office, according to his commission." So Mr. Story was dismissed, and Mr. Penny re-appointedl.-dd. An. of Ports., 101.
Usher, it is said, sent Story to England with complaints to the Lords of trade against the President and Council, which would show that Story chose to connect himself with Usher and the ininority, rather than with the President and majority of the Council. Ib. 107.
Mr. Penny remained in the office of Secretary until February, 1698, when he was supersedel by Sampson Sheate, who held the office till the accession and qualitication of Gov. ernor Bellomont in July, 1093, when Mr. Story was appointed Secretary, in the place of Sheute. Ho helii the ottice of Secret ry till 1704, when the place was given to Samuel Penhallow, who wiis in office one year under Governor Usher, Mr. Story then resumed the office, and continuell in it till the appointment of Richard Waldron as Clerk of the Council, by Governor Vaughan, in 1715.
In 1699 Mr. Story was appointed Register of Probate, and appears to have continued in the office till his death, the last date of his record being Dec. 11, 1711. He signs his probate records till Oct, 19, 1703, as Secretary, and till the end of 1705 Secretary and Register, and after that, Register
Little is known of his ability and capacity as Judge of the Court of Admiralty, and the lenarth ot time he remained in that ottice is rendered imcertain by the staternents in the Judicial History of Massachusetts, that the Jurisdiction of the Juges of the Almiralty for the Northern District of New England included Maine and New Hampslire, as well as Massachusetts.
In 1712 Mr. Story was Attorney-General of the Province, and he was engaged ag Council in many of the most important lawsuits, sometimes with Capt. Pickering, sometimes against him. Jarvis Ring. John Meinzies and John Valentine, were often engaged on the other side. Meinzies became Judge of the Admiralty in 1715.
In September, 1703, Mr. Story took a lease from Vaughan and others, Committee of the town, of one of the Glebe Lots, but did not comply with the conditions, and it was leased to another person.-Br. Rambles, 40, 41, 42
Mr. Story's resilience was at New Castle. He seems to have dealt little in real estate, few deels to which he was party being found on recoril.
His will is found on the files of the Registry Office, dlatel March 4, 1714-15, in which he says he is sick and weak in body; gives to his wife Susanna all his estate, real and personal, except a few shillings each to fonr kinsmen anil kinswomen, named Foster, and to Barbara Booth. Hiy will was proved March 17, 1715-16. Nothing further is found relating to his estate.
Province of New Hampshire.
5. Mark Hunking, I Pursuant to his Excellency's direction of ye 220 currt the Council ordered that his Majties Proclamation for ye continuance of all offices civill and military, shall be made Publick by beat of Drum ; wch was accordingly done as usually in like cases of his Majties Commands, wth ye attendance of two foot companies.
At a Council held at Portsmouth, April
Mark Hunking, I The Petition of Natt. Lang was read, as follows: To his Excellency, Joseph Dudley, Esq. Gov' &c. & y Hon
orable, ye Council, now sitting, the Petition of Natt. Lang:
Humbly sheweth, That yo? Petitioner, being one of ye Constables of Portsmo in the year 1714, had a list of rates committed to him to collect for ye Prov. use, by virtue of wch & a legal warrant to him directed by ye selectmen and assessors, he did apprehend and bring before two Justices of the Peace sundry p’sons named in that list, to ye number of thirteen, who refused to pay their rates or show yo' petitioner any estate to distrain upon; wch Justices refused to take any cognizance at all of the matter ; each man going away as he pleased ; since which the Treasurer has caused an execution to be levyed on your petitioner's estate to satisfy
that rate, notwithstanding wch those thirteen delinquents do still refuse to pay their assessmts, threatening to prosecute yol petitioner, if he does hereafter meddle with p'sons or estates : therefore yo? petitioner humbly prays yor Excellency and Hon" to make such an ordr as shall strengthen him in ye collecting of the rate & be justified therein.
Yor Petitioner subscribes,
Upon reading ye above Petition, it was Ordered, that the Petitioner proceed vigorously to collect the rates from all p’sons named in the Lists committed to him for ye town & province (P. 339.] use, especially from ye thirteen men complained of; that he take their estates by distress if they refuse to pay, & if no estate appear wh'on to distrain, then to apprehend the p’sons and carry them before a Justice of the Peace, who shall send them to Goal, upon such refusal ; & ye sheriff shall assist him wth ye power of ye County, in case any open or generall resistance be made.
So far gone to England.
Province of New Hampshire.
At a Council held at Portsmouth, July
allow. Esqs. Mark Hunking, S
John Wentworth, Esq. Tho: Allin, Tho: Ball, Wm. Phillips, Richa Gitto, John Ball, Sam. Jordan, Wm. Brown, Robert Long, & John Amee, were sent for to this board, and being examined upon oath, relating to Phillip Gould's demeanour of himself while he wth them were captives wth the Inds at Cape Sable, informed as follows, (viz.) that they verily believed yi ye said Phillip Gould was strongly fixed in ye English
interest, and altogether declined the French; that he distinguished himself by his very p’ticular kindness to them while yy (they] were prisoners wth the Indns at Cape Sable, & that he strongly urged a rising agst ye enemy, and offered to kill ye Capt. of the Indns wth his own hand; & that ye agreemt between ye English & Indians for ransoming ye vessels taken, was abunduy facilitated by his means ; further, that he discovered a gt concerm for Capt. Southack's danger, & very carefull to inform him thereof.
Sam : Jordan, Rob Long, & Jno. Ball further testifyed, y they saw an Ind" cock & p’sent a gun at sa Gould, offering to shoot him, telling him he was a rogue, and engaged in ye English interest.
The Council being informed that Westcoat, lately taken in a fishing boat at Cape Sable, was arrived at New Castle, immediately sent an express to summon sa Westcoat to this Board, who was much indisposed, so could not attend; but sent up his man, who arrived in yo vessell wth him, (viz.) Thomas Bramble, who being come to this Board & examined, informed as follows, (viz.) That during their captivity with ye Indns at Cape Sable, they had generally easy treatment; & that according to the best of his understanding, Mons Lavadore had sent a messing from Mallagash to Menis to acquaint yo French there wth wt the Indns had done upon our fishery; who immediately y'upon sent one Capt. Walker, an Ind", to enquire into this affair ; by whose influence it was ye yy were set at liberty ; he telling them yt if ye Govl of Boston said there was a good peace, they should make restitution to all suffering any damage by them. He further informed, that the num" of men set at liberty was eleven; of vessels, six; weh all sett sail together ; two wh'of had but one man on board, each ; & lastly that they had been fifteen days on their passage home.