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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 su 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 w' I have said. In fine, Gent":—tis demanded of you whether or no I am vested wth pow' as Lt. Govi & Commander-in-Chief, his Excellency Col. Shute being at Boston. May 29th 1717.
[P. 369.] The aforesaid speech being read, the Lt. Gov withdrew, & then the speech was read a 24 time; after which the clerk was askt pr ye Council, whether he had waited on the Lt. Govt wth the Commission of the Peace: he answered, That as soon as he had it in his custody, he informed the Lt. Govt 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 gent inserted in sa 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 sa Commission ought to be forth with sworn; and further, that ye Commission was filled up pr ye Gov' by y® advice & in yo presence of a maj' part of ye Council, & and also that all y" officers, commissioned by him should be forth with sworn, that are not so already.
Jno. Wentworth, Esqs.
Pro. of N. Hamp".
At a Council held at Portsmo, June
Esqs. Thom Westbrook, Esq. 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, yo 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 :
I understand an Express was sent to Boston : if the King's service required it, why was it not made known to ine? 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 your 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 Majt ; & none of the Council is so, when the King's Gov' or Lt. Goy' is on the spot: therefore, let it not be so again.
GEORGE VAUGHAN. His Honor, the Lt. Gov' told Mr. Treasurer l'enhallow 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.
Maj" Peter Wear & Mr. Nath' Sargent appeared at yo Council board & took yo oaths as Justices; they being inserted in ye Commission of the Peace.
Nath' Wear, Shad. Walton, & Tho Packer, Esqs. also took the oaths as Justices, they being inserted in s' Commission.
Prov: N. Hamp.
At a Council held at ye Council Cham-
Rich Wibird, John Frost, Esq. commands 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 abt forty hogsheads of rum, a hogshead and several barrls of sugar, a negro man, together wth other goods; and very much damnafyed ye ship sails and rigging : wherefore the sa John Frost, saveing himself and own doth, by these presents, protest agst ye sd Pirate for all damages sustained thereby. The sa pirate ship had 170 men,
& was 250 tons. The Information concerning sų pirate is on file, dated July 15, 1717.
Pro: N. Hamp'.
At a Council held at Portsmo 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 Govt Shute's name & took ye oaths accordingly.
Col. Packer this day took ye oaths as a Justice of ye superiour Court of Judicature.
John Wentworth, } Esqs.
Pro: N. Hamp".
At a Council Held at Portsmo July 25, 1717.
Present. Sam' Penhallow,
Esqs. Mark Hunking,
Rich Wibird, Thom* Westbrook, Esq. Sam' Penhallow, Esq. laid a letter from the Gov' before this board, dated July 224, 1717, informing that his Excellency was bound to the eastward, to visit the Indns, 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 royage, 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 34, 1717, viz.
Present. Sam' Penhallow,
Theo. Atkinson, Mark Hunking,
Rich Wibird, Jno. Wentworth, Whercas, on June 25, 1717, there was a letter read at the
Council borrd, bearing date, July 22a, 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 yo Council thereto was, that yo notification given was so short that y® Council had no opportunity as a Governot to prepare for yo voyage: But ye Council understanding afterwards y' the Govs voyage would not be 80 soon as they expected :
Voted, That as many Gent" of the Council as see meet to attend the Gove on g4 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 ye 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 adjourn"t of ye Superiour Court of Judicature, to Tuesday, ye 27th instant, for yo reason that two of the Justices of s' Court were going to the Eastward, to wait on his Excellency ye Gov', on a visit to ye Indus*
[P. 373.] Pro: N. Hamp".
At a Council held at the Council Chamber
Present in Councill.
His HonGeo. Vaughan, Esq. Lt. Gov".
Shad. Walton, Jno. Wentworth,
Rich Wibird, Geo. Jaffrey,
His Excellency the Gové 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 w'hout 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.