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ye suspension of Councillors at the Council board, and asked the Lt. Goor whether he had any instructions that superceded his, or were contrary to them; the Lt. Govt not producing any, it was ordered that the minute of Council abMr. Penhallow's suspension should be read; which being done, the Gov' asked the opinion of the Council, whether the suspension was legal : They answered, it was illegal. The GovI asked the opinion of the Council, whether (whereas he had ordered the Lt. Gopt to prorogue the Assembly & he had p'etended to dissolve it; & whether since the Lt. Govt had acted illegally in ye suspension of Mr. Penhallow) it was not for the Hon' of the Crown and the safety of the Province that the Lt. Govt should be suspended from sitting in Council till his Majesty should be advised thereof, and his pleasure be further known. The Council answered, yes; & voted it, nemine contradicente.
Whereupon his Excellency the Gov' pronounced him suspended accordingly; and afterwards, Mr. Penhallow was sent for and restored by the Gov", and took his place at the Council board accordingly.
[P. 374.] Pro: N. Hamp".
At a Council held at Hampton, Sbr. 145
Present in Councill.
Theo. Atkinson, )
This day Maj" Peter Wear, Esq. appeared at this board and p’sented a pp (petition] to his Excellency ye Gov', signed by himself, wherein he acknowledges himself to have done amiss,-referring to the last session of the Gen' Assembly,—and asked pardon for his so doing: whereupon the Gor' pronounced him restored to his Major-ship, and with
the advice of the Council, to his Justice's place, and ordered that his bonds of good behaviour, &c. be delivered up unto him.
Rich Waldron, Cler. Coun.
Pro: N. Hamp?.
At a Council held at the Council Chamber
Present in Councill.
Shad. Walton, Jno. Wentworth,
ŞEsqs. Theo. Atkinson, 0 Thom* Westbrook, )
John Wentworth, Esq. p’sented a Commission to this Board from his Majesty King George, constituting him the said Wentworth, Lt. Gov' of this Province ; wch being read, the same was ordered forth with to be published at the Market place: It was also ordered, that eleven guns be fired at the Castle, at the publishing sa Commission, & that 25 pounds gunpowder be distributed among the foot companies in arms, and that two pounds mony be paid out of the treasury to the military officers and [P. 375.] souldiers ; and that the treasurer support the charge of the Council and Gent" attending ye ceremony.
The said Commission was published as aforesaid: after which the Hon'ble John Wentworth, Esq. took the oaths instead of the oaths of allegiance and supremacy, the abjuration oath and an oath faithfully to execute the office of Lt. Gov' of N. Hamp", and then took his place at the Board accordingly.
Commission of John Wentworth
(From a copy in Secretary's Office.) GEORGE R.
GEORGE, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Faith, &c.
To our Trusty and Well-beloved John WENTWORTH, Esq. Greeting: Whereas, by our Commission, under our Great Seal of Great Britain, bearing date Fifteenth day of June, 1716, We have constituted and appointed Samuel Shute, Esq. our Captain General and Governor in Chief in and over our Province of New Hampshire, in New England, in America ; and we reposing especial Trust and Confidence in your Loyalty, Courage and Circumspection, do, by these presents, constitute and appoint you, the said John Wentworth, to be our Lieutenant Governor, to hold, exercise and enjoy the said Place and office for and during our Pleasure, with all Rights, Privileges, Profits, Perquisites and Advantages, to the same belonging or appertaining: And further, in case of the Death or absence of the said Samuel Shute, We do hereby authorize and empower you to execute and perform all and singular the Powers and Directions contained in our said Commission to the said Samuel Shute, and such Instructions as are already or hereafter shall, from time to time, be sent unto him ; so nevertheless, that you observe and follow such orders and Directions as you shall receive from Us, and from the said Samuel Shute, or any Chief Governor of our said Province of New Hampshire, for the time being. And all and singular our officers and ministers and loving subjects of our said Province, and others whom it may concern, are hereby commanded to take due Notice hereof, and to give their ready obedience accordingly.
Given at our Court at Hampton Court, the 12th day of September, 1717, in the Fourth year of our Reign. By his Majesty's Command,
J. Addison. John Wentworth, Esq. Lieutenant Governor of New Hampshire
(P. 375.] Pro. N. Hamp".
At a Councill held at the Council Cham-
Present in Councill.
Rich Wibird, Whereas there is no King's Attorney in this Province,
and there being a p’son in goal upon suspicion of murther :
Voted, That Mr. Auchmooty have a fee of forty shilings paid out of the Treasury to draw an Indictment aget sa prisoner.
R. Waldron, Clerc. Coun.
Ordered, That a day of Publick Thanksgiving be observed throughout this Province, on Wednesday, the 25th inst., and that the clerk issue out Proclamation accordingly.
Richa Waldron, Cler. Coun.
Ordered, That there be paid to Col. William Wanton out of the treasury fifteen pounds for ye service of his Sloop Ann, improved for the benefit of this Province in p'suit of the Pirate, &c.
Rich" Waldron, Clerc. Coun.
This day Shad* Walton and James Davis, Esqs., (being inserted in the Commission of the Inferiour Court of Common Pleas) took the oaths, &c.
Theo. Atkinson, Esq., this day took the oaths as Just: Peace wthin this Province.
[P. 376.] Pro. N. Hamp".
At a Council held at the Council Cham-
Present in Councill,
Maj. Peter Wear wth others in behalf of the Falls part of Hampton, appeared at this Board & presented a Petition, therein exhibiting a Complaint agst the selectmen of sa Hampto for assessing the Falls part of the town to a school master, contrary to ord of Gen' Assembly, as on file.
Capt. Wingate appeared also in behalf of the selectmen of sd Hampton, by virtue of a letter of attorney from them, to justify their act &c., as on file, also, Both p'ties being heard, it was
In Councill Ordered, That, whereas it did appear upon hearing the matter, that the Falls part of Hampton was a distinct Parish, that the Constable of the said Falls part of the Town, do forthwth return all such monys or things as he hath taken or destrained from any p'son to support the School. master of the old Parish, and that he forbear to take any more rates, from any p’son for that service; and further that ye old Parish be assessed that proportion to the schoolmaster of the old Parish, wch is taken off from the Falls part, so as to comply wth their present schoolmaster.
· Richa Waldron, Cler. Coun.