[P. 144.] Province of New Hampshire. At a Council and Gen" Assembly, held by adjourn on Friday, the 10th Xber, 1703. Present, George Jeffrey, Esqs. Sam' Penhallow, Esqs. } Henry Dow, John Plaisted, The House of Representatives sent up to this Board a vote in answer to what the Honorable the Lt. Governor sent down to that house in writing, intimating to them to prepare an Act or Law for the punishing of mutiny, desertion and false musters, relating to soldiers in pay by her Majesty (vote as foll.), viz: Voted, the Assembly are humbly of opinion that the military laws of the Province are full and sufficient to punish offenders, according to the discretion of the Committee of militia. Past by the House of Representatives. Sam' Thing, Clerk. Mr. Henry Dow, formerly Treasurer of this Province, brought in his acctts to this Board as Treasurer, from the 16th May, 1694 to the 16th May, 1695, am° to 785lbs: 78: 8d, and balance due from him to her Majesty, 1b: 9s: 11a, and produced sufficient vouches for all payments, &c., and gave his oath to said account; was then allowed and approved of. Adja till to-morrow morning, 9 o'clock. [P. 145.] Province of New Hampshire. At a Council and General Assembly, held at Portsm°, by adjt, on Saturday, the 11th December, 1703. Present, The Honorable John Usher, Esq., Lieut. Governor, John Plaisted, Esqs. Henry Dow, Sam' Penhallow, Mr. Secretary Story was sent to the House of Represen tatives to ask of them if they had anything to offer to this Board, who answered they had nothing. Mr. Secretary Story was sent as a messenger to call the House of Representatives to this Board, who accordingly came, and his Hon' the Lieut. Governor was pleased to declare unto them as foll., viz : Gentlemen, In my speech laid before you the true state of the Province and the condition of her Majesty's fort, recommending to your care the raising of money for securities and defense thereof: in your answer thereto are pleased to intimate there are acts for duties laid which you judge will pay the Debts and answer the necessary charge. Those Acts are given for other ends and uses. Judge will not answer those ends for which it's made and the money raised by those acts must only be applied to the ends for which it's granted. You likewise say the laws of the place have made provisions for security of the Province, and his Excellency hath represented the state thereof home. I laid before you the Province was in Debt above 450, and daily charges doth arise; that there was absolute need of soldiers at her Majesty's fort and some of the frontier Garrisons; if either suffer by want of supplies I have quitted myself. His Excellency having given notice that the several Treasurers' accounts, from the year 1694, be prepared to be sent to [P. 146.] England; The several accounts from 1694 to January, 1696, by the several Treasurers, hath been laid before the Council with their vouches and receipts, and how and to what end the revenues hath been applied. There hath been in Major Vaughan and his successor's time paid to Wm Partridge, Esq., 867lbs: 28: 6d, for which there is no acct of particulars of disbursement, and that ought not to be allowed. As to the 300lbs paid, your agent do find that he has not given any account either to the Council or Assembly of any proceedings of his in England for account of the public. I have not only been informed of the condition of the Province, but have visited it and seen the condition thereof, and I doubt not but the Governor hath truly represented the same, and I shall by these masts ships second it likewise to her majesty. In the mean time shall take care of her majesty's fort as shall think proper. Gentlemen, you are dissolved, and in her Majesty's name do dissolve you. So far gone for England. Xber, 1703. [P. 147.] Province of New Hampshire. At a Council and General Assembly, held at Portsmouth on Tuesday, the 8th February, 1703. Present, John Hinkes, Esq., President, George Jeffrey, John Plaisted, Esqs. Samuel Penhallow, Esqs. Henry Dow, Hampton. Mr. Tho. Roby, Assembly men's names. Mr. Gershom Elkins, Mr. Sam' Shaw. Exeter. Mr. Samuel Levett, Mr. Samuel Thing. Newcastle. Portsm°. Capt. Jno. Pickerin, Dover. Capt. Jno. Woodman, Lt Nath' Hill. Mr. Wm. Wallis, Mr. Wm. Seavy. The above said persons being of the House of Representatives took the oaths appointed by law instead of the oaths of allegiance and supremacy, and subscribed and declared the test and Declaration, and then were ordered to choose their speaker and present his name to this Board; and so departed. The whole House of Representatives came to this Board and presented Captain John Pickerin as their Speaker. This Board thought fit to accept of Capt. John Pickerin, Speaker of the House of Representatives, and desired the said Representatives to consider of the state of the Prov ince, and what other business they had to go upon to prepare and make ready the same, to present to his Excellency, Joseph Dudley, Esq., our Governor, who would be with them in two days. Adja till 10 o'clock next Thursday, ante merediem. [P. 148.] Province of New Hampshire. At a Council and General Assembly, His Excellency Joseph Dudley, Esq., Governor, &c., Peter Coffin, George Jeffrey, Esqrs. Henry Dow. The House of Representatives being sent for came up to this Board, and his Excellency made the following speech: Gentlemen: The public service has brought me hither, and I was not willing to be in the Province without seeing an Assembly, that I might offer you what I Judge necessary for her Majesty's service, and the good of the Province, and might receive from you the present state of your affairs. I am glad that notwithstanding the trouble with the Indians, no part of this Province has had any impression from their barbarous hands; and I am the more sensible of the Gentlemen's service that have assisted me in the raising the volunteers now sent out, which are truly every fourth man fit to march in this Province, which I shall, as is my duty, humbly represent to her Majesty. As soon as is possible I shall order the incidental charges for their advance be laid before you; and the Treasurer very justly presses me to desire you will raise what is proper to pay your engagements and Debts; and a just induction to you so to do, is that nothing has been raised in this Province by a tax this year, when your neighbors pay 12 or 15 single rates for the necessary service of the year. I have also to communicate to you her Majesty's commands, re ferring to the fort at New Castle, that it be perfected in all points; the date of these letters will allow you to suppose that the Account of your grant of 500lbs for that service was not come to hand; however I am bound to communicate that Letter, and it will give you a good demonstration of her Majesty's care of the preservation and security of her good subjects here residing; And also encourage you in what is further wanting in that service to do your duty as there shall be occasion. [P. 149.] I think it also proper to acquaint you with her Majesty's commands, which I have received referring to Mr. Allen's Title to the waste [lands?] of this Province, as the same is conveyed to him from the heirs of Mr. Mason, and to acquaint you that nothing will more tend to your quiet and repose, nor to her Majesty's just satisfaction referring to this Province, than to have an amicable and quiet issue in that matter. The last Judgement upon the appeal makes you sensible of her Majesty's equal administration of justice to all her good subjects; and I desire your reguard to her Majesty's directions in what remains, which may give a like instance and satisfaction of your obedience. I have also to recommend to you what the Lt Governor has already offered to the Council, that Lodgings may be provided for him on the Great Island, near the fort, until he may have a lodging in the fort itself, which will be most proper; - it can amount but to a small matter by the year, and will show your respects to the Government. His Excellency also communicated to the said House of Representatives a Letter from her Majesty, relating to Mr. Allen's Title about the waste lands of this Province, as also, another Letter from her Majesty, relating to the inhabitants keeping the fort William and Mary in good defence, &c. Thomas Holland's petition relating to his being divorced from his wife Elizabeth was read at this Board, and sent down to the House of Representatives with the opinion of the Council, that considering the said Elizabeth had owned her adultery and other allegations in said petition, that the said petitioner be acquitted from allowing said Elizabeth any maintenance, and she be separated from his Bed and Board. Petition on file and entered in the next Council day. Ordered, that Col. Thomas Packer be paid out of the |