and expect to meet wth no obstruction from any of the King's ministers in all reasonable and lawful matters.

The limitts of the Prov: is exprest in Col. Shute's Commission, and when he is not wthin them limitts, but forty miles distant, he must be out of said Prov:, and, consequently absent, & if so, uncapable of acting as Commanderin-chief till his return into sd Province, wch are the plain words of his Commission. I expect your advice and opinion to be given me in writing, and therefore will direct the clerk to wait on you with a copy of wt I have said. In fine, Gent":―tis demanded of you whether or no I am vested wth pow" as Lt. Gov & Commander-in-Chief, his Excellency Col. Shute being at Boston. GEORGE VAUGHAN.

May 29th 1717.

[P. 369.] The aforesaid speech being read, the Lt. Gov withdrew, & then the speech was read a 2a time; after which the clerk was askt pr ye Council, whether he had waited on the Lt. Gov' wth the Commission of the Peace: he answered, That as soon as he had it in his custody, he informed the Lt. Gov" of it, & told him, that it was his Excellency's direction to the Lt. Gov' sent by the clerk of the Council, to summon ye Council to meet and swear the gentTM inserted in s Commission.

Adjourned to 4 o'clock, P. M.

Pro: N. Hamp❜.

Met according to adjournm'.

Present, as before-except ye Lt. Gov'.

In answer to his Honor, the Lt. Gov's speech, yo Coununcil say, That 'tis their opinion That the Commission of ye Peace left in the Prov: by his Excellency Gov' Shute is good, and that ye Gent" inserted in s Commission ought to be forthwith sworn; and further, that ye Commission was filled up pr ye Gov' by ye advice & in ye presence of a maj part of ye Council, & and also that all ye officers, commissioned by him should be forthwth sworn, that are not so already.

The Commission of the Peace being read at the Council board, Sam' Penhallow & John Wentworth, Esqs., took ye oaths appointed to be taken, instead of ye oaths of allegiance and supremacy, ye abjuration oaths & the oath of a Justice of ye Peace.

Rich Waldron, James Davis, Nich" Gillman, Sam' Thing, Sam' Easman, Jotham Odiorne, Jno. Gillman and Andrew Wiggin, being inserted in ye Commission [P. 370.] of the Peace, took the oaths, &c.

His Honor, the Lt. Gov', was pleased to make the following speech at this board:

Gent".

I understand an Express was sent to Boston: if the King's service required it, why was it not made known to me? I expect no such thing be done for ye future, as any will answer it at their perill.

I expect to be treated honorably and according to y Commission I am intrusted with, & will allow of no pow to dispense wth orders and warrts for any thing, but are immediately warranted so to do from his Majty; & none of the Council is so, when the King's Gov' or Lt. Gov' is on the spot: therefore, let it not be so again.

GEORGE VAUGHAN.

His Honor, the Lt. Gov told Mr. Treasurer Penhallow that it was his direction to him that no money should be paid out of ye treasury, but by warrt therefor, wch is agreeable to the King's Commission.

Majr Peter Wear & Mr. Nath' Sargent appeared at y Council board & took y° oaths as Justices; they being inserted in ye Commission of the Peace.

Nath' Wear, Shad. Walton, & Thos Packer, Esqs. also took the oaths as Justices, they being inserted in sa Commission.

John Frost, Esq. command of the ship Bonetta Pinck, [P. 371.] & Mr. Pasco Foot his mate, & James Philpot boatswain, appeared at this board and made oath, as follows: That in the latitude 36, bound from Barbadoes to Piscataqua, they were taken by a pirate ship called the Le Grand; master, on the 4th of this instant July, who took from them & destroyed at forty hogsheads of rum, a hogshead and several barr's of sugar, a negro man, together wth other goods; and very much damnafyed ye ship sails and rigging: wherefore the s John Frost, saveing himself and own" doth, by these presents, protest agst ye sd Pirate for all damages sustained thereby. The s pirate ship had 170 men, 20 guns & was 250 tons.

The Information concerning sd pirate is on file, dated July 15, 1717.

Pro: N. Hamp'.

At a Council held at Portsm° July 17, 1717.
Present.

His Hon' the Lt. Gov.

All the Council except Capt. Gerrish.

This day the Commission officers of the Militia of the Prov: of N. Hamp' being notifyed to appear, came to the Council board & there received Commission in Gov' Shute's name & took ye oaths accordingly.

Col. Packer this day took ye oaths as a Justice of ye superiour Court of Judicature.

Pro: N. Hamp❜.

At a Council Held at Portsmo July 25, 1717.

Sam' Penhallow,

Mark Hunking,

Present.

John Wentworth,
Esqs. Rich Wibird,

Thom" Westbrook, Esq.

Esqs.

Sam' Penhallow, Esq. laid a letter from the Govt before this board, dated July 224, 1717, informing that his Excellency was bound to the eastward, to visit the Ind", and that he would be glad that Mr. Penhallow and Capt. Wentworth, and any other Gent" would accompany him from hence, [P. 372.] which letter being read and considered, it was resolved that the notices given being so short, ye Gent" of the Council, had not opportunity to prepare for ye voy age, as a Govern', there being no vessel in ye harbor fitt for the service.

Pro: N. Hamp❜.

At a meeting of five of the Council at Mr. Field's, Aug 3d, 1717, viz.

Whereas, on June 25, 1717, there was a letter read at the Council board, bearing date, July 22, 1717, from the Gov to Mr. Penhallow, importing that it would be agreeable to the Gov' for Mr. Penhallow and Capt. Wentworth, and any other Gent" of the Council, to accompany him on a voyage to the eastward, to make a visit to the Indians whither he was then going; and, Whereas y answer of y Council thereto was, that ye notification given was so short that ye Council had no opportunity as a Governm to prepare for ye voyage: But ye Council understanding afterwards y' the Govs voyage would not be so soon as they expected:

Voted, That as many Gent" of the Council as see meet to attend the Gov' on sd voyage, be supported at the charge of ye Governm*.

R. Waldron, Cler. Con.

Augst 5th 1717.

Sam' Penhallow and Mark Hunking, Esqs. informed the Clerk of the Council that he not being to be found on Saturday night last, to make a record of a vote of Council whch was then past, that they were now come, in yo name of the Council, to let him know wt ye vote was, & to order an entry thereof: it is as follows:

Voted, That the Clerk of ye Council issue out a Proclamation for ye adjournmt of ye Superiour Court of Judicature, to Tuesday, ye 27th instant, for ye reason that two of the Justices of sd Court were going to the Eastward, to wait on his Excellency ye Gov', on a visit to ye Indus*.

At a Council held at the Council Chamber in Portsm°, Sept. 30th, 1717.

Present in Councill.

His Excellency Sam' Shute, Esq. Gov'.
His Hon' Geo. Vaughan, Esq. Lt. Gov'.

Mark Hunking,
Shad. Walton, )
Jno. Wentworth, Esqs. Rich Wibird,
Geo. Jaffrey,

Esqs.

His Excellency the Gov" informed this Board yt he had received a complaint from Sam' Penhallow, Esq. agst the Lt. Gov for his irregular proceedings agst him in suspending him from the Council wthout just cause; then his Excellency read that part of his Instructions, wch relates to

This Conference and Treaty with the Indians will be found with other Indian Treaties in Vol. III of Province Papers.-ED.