and make a report thereof to this board from Capt. Atkin son. 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 whin fourteen days, & y' each town appoint a town meeting forthwith 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 pd in course. Ordered, By the Councill, yt ten pounds be p'sented to ye Lieut. Gov for the service of this Journey, besides his charges for a man to attend him, 30s. 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 1696. He sailed for Portsmouth late in the same season, and arrived about the middle of January, 1797. On the 19th of that month he presented his commission to the President and Council, which was read, 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 had 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 Execs 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 oaths, and the records and files of the Province were placed in his custody. The Council again convened 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 lofty indecent carriage towards the Council," and said he had been cautioned against acting in those offices. The Council enquired by whom, but he declined to answer, and suspicions were entertained that he had been talked to by Lt. Governor Usher, 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 Constable 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 Sheriff in a short time brought the records and files. Mr. Story was brought in and informed that "they had obtained their books and papers, notwithstanding his efforts to prevent it; and since he had 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 Admiralty 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-appointed.-Ad. An. of Ports., 104. 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 minority, 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 superseded by Sampson Sheafe, who held the office till the accession and qualification of Governor Bellomont in July, 1699, when Mr. Story was appointed Secretary, in the place of Sheafe. He held the office of Secretary till 1704, when the place was given to Samuel Penhallow, who was in office one year under Governor Usher. Mr. Story then resumed the office, and continued 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, 1714. 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 length of time he remained in that office is rendered uncertain by the statements in the Judicial History of Massachusetts, that the Jurisdiction of the Judges of the Admiralty for the Northern District of New England included Maine and New Hampshire, as well as Massachusetts. In 1712 Mr. Story was Attorney-General of the Province, and he was engaged as 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, 1709, 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 residence was at New Castle. He seems to have dealt little in real estate, few deeds to which he was party being found on record. His will is found on the files of the Registry Office, dated 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 four kinsmen and kinswomen, named Foster, and to Barbara Booth. His will was proved March 17, 1715-16. Nothing further is found relating to his estate. Province of New Hampshire. At a Council held at Portsm° ye 28th March, 1715. Present. William Vaughan, Esqs. John Plaisted, ) Esqs. Pursuant to his Excellency's direction of ye 22a curr1 the Council ordered that his Majties Proclamation for yo continuance of all offices civil and military, shall be made Publick by beat of Drum; weh was accordingly done as usually in like cases of his Majties Commands, wth ye attendance of two foot companies. His Excellency, Joseph Dudley, Esq., Gov'. Richard Waldron, Esqs. ) Sam' Penhallow, Jno. Plaisted, Mark Hunking, Esqs. The Petition of Natt. Lang was read, as follows: To his Excellency, Joseph Dudley, Esq. Gov' &c. & yo Honorable, y 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 Yo' Excellency's & Hon's Most humble Servant, 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 28th, 1715. Rich Waldron, Present. John Plaisted, Esqs. Mark Hunking, Esqs. John Wentworth, Esq. Tho: Allin, Tho: Ball, Wm. Phillips, Rich 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 yt ye said Phillip Gould was strongly fixed in yo English interest, and altogether declined the French; that he distinguished himself by his very p'ticular kindness to them. while [they] were prisoners wth the Ind" 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 y agreem between y English & Indians for ransoming ye vessels taken, was abundy facilitated by his means; further, that he discovered a gt concermt for Capt. Southack's danger, & very carefull to inform him thereof. Sam: Jordan, Robt Long, & Jno. Ball further testifyed, yt 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 sd Westcoat to this Board, who was much indisposed, so could not attend; but sent up his man, who arrived in y vessell wth him, (viz.) Thomas Bramble, who being come to this Board & examined, informed as follows, (viz.) That during their captivity with ye Indus 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 ye French there with 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 ytyy were set at liberty; he telling them yt if ye Govr 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; wch 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. |