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and Oliver Noyes, Esq., abt the takeing letters of administration on ye estate of Si Charles Hobby,* deceased, we are of opinion, that Richa Waldron, Esq., Judge of Probate, &c., has done well to suspend the granting letters of administration to ye sa Elisha Cook and Oliver Noyes, for the prosecution. [P. 364.] His Excellency the Govt proposed Richa Gerrish and Geo. Jaffrey, Esq., to supply the vacancy in ye Superiour and Inferiour Court, wch was consented to in Council.
In Council Ordered, That the Clerk write to Col. Waldron, to supply the surveyors of the woods each wth four men to attend them, when they are going upon a survey for the King's service.
R. Waldron, Cler. Con. This day Sam? Penhallow, Mark Hunking and Geo. Jaffrey, Esqs., took the oaths of Justices of the Superiour Court of Judicature for this Pro: & Richa Waldron, Jno. Wentworth, Theo. Atkinson, and Rich Gerrish, Esqs., the Justices Oaths of ye Inferiour Court, &c.
Pro: N. Hamp'.
At a Council held at the Council Chamber in Portsmo, Jan. 28, 1716-7.
His Hon" George Vaughan, Esq. Lt. Gov'.
Geo. Jaffrey, Jno. Wentworth,
Shad. Walton, sos. Richa Gerrish,
Richa Wibird, Theo. Atkinson,
Tho. Westbrook, ) Theo. Atkinson and Shad. Walton, Esqs., were appointed
* See Journal of Council and Assembly, Vol. III.
to view the stores in the powd house ; who made return that there was there fifty-eight barrels powd' & forty-six · guns.
In Council Ordered, That Mr. Cambell, the post master, be paid three pounds for his past service and respect to this governm.
In Council Ordered, That the Clerk issue out a p'cept for calling an Assembly to meet on Wednesday, ye 17 April next.
In Council Declared and protested agst the house of representatives answer in some paragraphs, wch have no relation to the Goyrs speech, ye sd answer bears date, Jan. 11, 1716-7 as on record.*
Prov. N. Hamp".
Richa Wibird, Esq.
In Council Ordered, That the Clerk forthwith issue out & publish a Proclamation in the Lt. Gorn, name, to lay an Imbargoe on all vessels outwd bound, till further ord', except such as are bound on fishing voyages.
Richa Waldron, Cler. Con.
Pro: N. Hamps.
At a Council held at N. Castle, May 4, 1717.
• Seo Journal of Council and Assembly.
Mr. George Walton p'ferred a Petition to this board to become a banckrupt, who was admitted to take the oath of a banckrupt, but the making out a Commission, &c., was suspended for some time.
Pro: N. Hamp".
At a Council held at Portsmo, May
His HonGeo. Vaughan, Esq., Lt. Govt.
Geo. Jaffrey, I Jno. Wentworth,
ŞEsqs. Richa Gerrish,
Rich Wibird, J
Tho. Westbrook, Esq. Richo Carr, master of ye Sloop Prudt Sarah, appeared at this board & made information on Oath of a pirate sloop on the coast, by wch he had been taken, as on file, bearing date, May 10, 1717.
[P. 366.] Pro. N. Hamps".
At a Council held at the Council Cham
ber in Ports: May 20, 1717.
His Hon', the Lieut. Gov",
Richa Wibird, Esqs. 18 Esqs. Theo. Atkinson,
Tho. Westbrook, ) Geo. Jaffrey,
His Hont the Lt. Gov' made the following Speech at the Council board: May it please your Excellency
Your Excellency's last arrival was well pleasing to yo whole Governm'; your administration easy; yor endeavors to pacify & moderate all feuds and broils, and we all in good temper.
May it please your Excellency:
My indisposition by reason of a great cold increasing, and my habitation remote, makes me solicitous of getting home; and heartily to wish yor Excellency a good journey to yor other Governmt; but before I take my leave, I think it my duty frankly and plainly to inform your Excellency that as his most excellent Majesty, our Sovereign Lord the King, hath reposed much trust in my circumspection, &c., as Lt. Govt of this Prov: that I shall with all vigor and readiness attend His Majtles service in that capacity to the utmost of my power; and in ord' hereto, I pray leave to inform your Excellency and the Honble the Council now p’sent, that summe occurrences for his Majues immediate service at this conjuncture of affairs, may unforeseen come upon us—your Excellency having had sundry expresses of pirates about us, wthin a few days, and this very day—and that however I think it absolutely my incumbent duty to do my utmost service for the Hon' of the Crown and the benefit of this His Majties Governm", but as yet I have suspended doing any thing but what was more than ordinarily necessary, till yor Excellency's Commission was lodged among us, a copy of which I have now seen; and now find when your Excellency is out of ye Prov: of N. Hamp' the Lt. Gov' governs by the King's Commission ; [p. 367.) and when no Lt. Govt on the spot, the first Council' named in yor Instructions, as amply and fully, as if yo? Excellency was in the Province of N. Hamp', and that by virtue of your instructions, in ord' to which I give it as my opinion, they should be lodged in ye Secretary's office for the benefit of his Majties Governm*. May 20th, 1717.
Pro: N. Hamp".
At a Council held at Portsmo,
May 29th, 1717.
RichWibird, Esqs. Theo. Atkinson,
Tho. Westbrook, ) Geo. Jaffrey,
His Hon' the Lt. Gov' made the following speech at the Council Board :
Gent: I am informed His Excellency Col. Shute vacated all offices civill and military, when in the Prov: of N. Hamp', and went out of it leaving none to execute powi as Justices of the peace and military officers, capable so to act.
My knowledge is by hear-say; for he never advised me nor with me in one or the other disannulling pow' or giving any.
I am obliged to say, that it is strange that ye King's Governm' should be destitute of pow', especially when the Govns repeated opinion has been, that there is no pow' but what is vested in himself and those by him ordained, tho' he be wthout ye limits of the Governm'.
I wd have you know, the Hon' of His Majtics Commission for Lt. Gopi of N. Hamp., and the reason of my requiring your attendance at this time, is to ask yor advice for the King's service.
I think it safe yt all civill officers should be commissionated by advice of Council ; I would therefore have you consider amongst yourselves ye necessary for the service of the [P. 368.) Governm'.
I have examined the Clerk's minutes & find no such thing there sett down; I have enquired of him & other councillrs, whose advice was never asked, & know nothing of the affair. I have heard that a Commission of the Peace was left. I have askt the Clerk if he inserted the names therein pr the Govrs order: he answered, No: Again, whether the Gour left the Coms with him: He answered, No; but that the Govt told him there was a Commission of the Peace left wth Mr. Penhallow to be delivered to him again; when Mr. Penhallow give him that Commission he answered not at all, but that it was given him by Mr. Jaffrey, on Fryday last.
Gent: I am sorry that I myself, and many of his Majties Council should be ignorant of these matters, that we might have given our advice for the King's and the Governm" best interest, as we are ready and sworn to do.
I am impowered by my own as well as by the Gov" Commission to act when he is out of the Province; and will endeavour faithfully to execute the trust reposed in me,