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[P. 57.] Province of New Hampshiire.
At a Council and General Assembly
Esqrs. John Gerrish, s Robert Elliott, Esq. Richard Waldron, Esq. A vote sent up by Mr. Theodore Attkinson from the House of Representatives, that an addition be made to the Last Act past in this Province, relating to all vessels upwards of twelve tons not belonging to said Province, paying powder money for supply of his Majesty's fort at new castle, &c. ; was read and upon file.
A vote sent up per ditto, that whereas by the aforesaid Act all vessels exceeding twelve tons, were obliged to pay one pound of powder or twelve pence per ton, .
It is humbly offered for the better encouragement of Trade within this Province, that the Treasurer demand no more than twelve pence per thousand, of every such vessel as carrieth lumber from hence, was read, and upon file.
A vote was sent up, per ditto, that whereas the season of the year requires several of this House to be at home about their present necessary occasions, for sowing and planting, we humbly pray an adjournmt until the 20th of May next, or when your Honor may in prudence see meet.
Mr. Secretary was sent to call the House of Representatives to this Board, to adjourn them till Tuesday, the twentieth of May next, at 12 of the clock in the forenoon.
[p. 58.] Province of New Hampshire.
At a Council and Gene" Assembly
Richard Waldron, Esq. Mr. Secretary carried to the House of Representatives by order of this Board a Report from the committee, of what Laws was proper to be past for the use of this Prov. ince, together with several Bills drawn up for that purpose.
Adja till Friday next, 2 o'clock, afternoon.
Province of New Hampshire.
At a Council and Gen" Assembly held
Wm Vaughan, ).
Richa Waldron, The Lt. Governo produced a letter from New York, dated the 12th May, 1701, from the Council of that place, wherein was enclosed a letter from his Maj’ty King Wm, directed the late Earle of Bellomont, deceas", or to the commander chief of Province of New Hampshire for the time being, ted at Hampton Court the 19th day of January in the 12th
of his Majesty's reign, relating to the Province aforein taking care in building and maintaining such forts er at Piscataqua or elsewhere in said Province, as are
sary for your security, without being burdensome to your nei
neiglabors, with other matters in said letter contained; also a quota of men to be furnished by his Majesty's
respective [P. 59.] plantations on the continent of America, toward the defense of the frontiers of New York, in case they be invaded by an enemy, which is likewise upon file, and are in these words foll", having been both read at this Board.
(Superscription.] “To our Right Trusty and Right well beloved cousin, Richard,
Earle of Bellomont, our Capt. Gen" and Govern"-in-chief of our Provinces of the Massachusetts Bay, New York and New Hampshire, in America, and of the Territories thereupon depending, &c.; Or to our commander-in-chief of our Province of New Hampshire, for the time being. (New Hampshire)."
WILLIAM R. Right trusty and Right well beloved Cousin, we greet you well: Whereas the welfare and security of our Plantations in America require the utmost care and application of such as are entrusted with the Governm of each of them, you are in our name to require our Council, and the General Assembly of our Province of New Hampshire, to exert the utmost of their power in providing for the Building and maintaining of such forts, either at Piscataqua, or elsewhere, within that Province, as are necessary for their security, without being burdensome to their neighbors, any further than absolute necessity shall require.
And in case the frontier of our Province of New York be at any time invaded by an enemy, you are likewise to call upon our Province of New Hampshire, to make good in men (or money in lieu thereof) their quota of Assistance, pursuant to the Repartition herewith sent you.
And you are withal to signify to them, that according to yi behaviour on this occasion, they will recommend themselves to our Royal grace and favor. So we bid you heartily farewell.
Given at our Court, at Hampton Court, the 19th day of January, 1700-1, in the twelfth year of our Reigne.
By his Majesty's command,
[P. 60.] The quota of men to be furnished by his Maj’ty's respective plantations on the continent of America towards the defence of the frontiers of New York, in case they be invaded by an enemy :
Massachusetts Bay, . . .
60 . 80 160 240
Mr. Henry Dow, one of the members of the House of Representatives, brought up to this Board the following words in writing, viz: May it please your Honors:
Whereas Capt. John Tuttle, of Dover, and L* John Smith, of Hampton, two of the members of this House, have withdrawn themselves,* this House pray that their vacancy be made up out of the respective towns unto which they belong.
By order, Theodore Attkinson, Clerk. Adja till the 24 Tuesday in June next, being the 18th day, at ten of the clock in the forenoon.
* (Copied from MS. Minutes of the Assembly.] May 22, 1701. The House being att a Debate whether through the Death of the Earle. of Bellomont their power be not Ended, Therefore Desire the Speaker to Propose to the Lt. Gor's & Council, for their Opinions in the matter.
May 23, 1701. Mr. Waldron (of the Council] sent down to answer the dout of the House, referring to their Powers being lessened by the Death of the Earl of Bellom. &c.
The mind of the Lt. Gov'r & Councill is, that the powers in an Officer are not altered by his Death.
It being Debated again in the House, they are most of the same mind with the Lt. Gov'r and Councill, but some objecting, the speaker is desired to inform the Lt. Gov'r and Councill, that the major part was for going on and acting as formerly. The speaker delivered the same.
Capt. John Tuttle and Lt. John Smith having withdrawn themselves from the Assembly, the Assembly Request the Lt. Gov'r that the vacancy may be made up by a new choice.
June 10th, 1701. Appeared in the Room of Capt. Tuttle, Lt. James Davis, and Timothy Hilliard in the room of Lt. John Smith; who, being qualified, are joyned as members of this House; the rest of the House meeting according to adjorn't.
[P. 61.] Province of New Hampshire. ·
At a Council and Gen" Assembly held by ad-
W" Vaughan, ,
Richa Waldron, Esq. The Lt Govern" granted a dedimus potestatem to Robert Ellott and Wm Vaughan, Esqs., and Charles Story, Secretary, to swear James Davis and Timothy Hilliard, two members of the Assembly elected to sit this day in Loco Capt. John Tuttle and Lt. John Smith, who took the oaths appointed to be taken, instead of the oaths of Allegiance and Supremacy mentioned in the statute made in the first year of King Wm and Queen Mary’s Reign, as appears by a return of said dedimus potestatem.
Mr. Richard Jose, sheriffe of this Province, appeared at this Board and produced a Commission under the seal of the Province, and signed by the late Earle of Bellomont, dated at Portsmo, the first day of August, 1699, for the office of Sheriffe, to execute the said office from said first day of August till the 29th day of September, 1700; and like'wise made complaint that the said commission was falsely recorded by the late secretary, Mr. Sampson Sheafe; which commission being examined before the L Govern" and Council, was found to be falsely recorded by Omitting the true time of said sheriff's continuing to execute his office, by two months or thereabouts.
Ordered, that it be entered under the Record, that it is a false Record, and that the present Secretary record the original de novo.
Adja till to morrow morning, 9 o'clock.