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Treasury one pound six shillings seven pence for entertaining two men which came post for her Majesty's service.

[P. 150.] Province of New Hampshire.

At a Council and General Assembly held at Portsmouth by adjournmt on Friday the 11th February, 1703.

Present, His Excellency Joseph Dudley, Esq., Governor, &c., The Honorable the L' Governor, not as a member, &c., Peter Coffin, la

Samuel Penhallow, ! Esors. George Jeffrey: ) qlis. John Plaisted,

Henry Dow. Thomas Packer's debenter, amo to two pounds, one shilling and sixpence, for entertaining the Major General, was allowed and ordered to be paid in course out of the next Province Rate.

Thomas Packer's debenter, amo to four pounds, fifteen shillings and eight pence, for entertaining the Honorable John Usher, Esq., L* Governor, 224 October, 1703, was allowed and ordered to be paid, Ut supra.

Ordered, that Thursday next be kept as a day of Fasting and Prayer throughout this Province ; humbly to implore, the Divine favor and Blessing upon her Sacred Majesty's life, and prosperity to her Arms and the Arms of the Confederates against the Great Oppressor of the liberties of Europe, and also to pray the favor of God for the preservation of this Province and the good success of the forces now gone against the Indian Rebels, and all ministers and people are strictly enjoyned to observe the same accordingly.

Samuel Penhallow, Esq., his debenter, amo 11lbs : 148: 004 for utensils for soldiers marching forth against the Enemy, &c., and for maintenance of French Prisoners, &c., as upon

file, was read and allowed and ordered to be paid in course out of the next Province Rate.

[p. 151.] The petition of John Cross and James Phillipps are referred to next Council day to have a hearing, by reason Mr. Hinkes hath not had due notice to answer said petition; and that said Mr. Hinkes be ordered forthwith to pay the petitioners what money shall be found in arrears to them, and that Mr. Hinkes deliver to the Treasurer the Order of Thirty pounds or upwards, which the Treasurer says he hath paid ; And that the Secretary give notice to Mr. Hinkes to attend next Council day.

Ordered, that the select men of Dover be summoned to appear next Council day to shew cause wherefore the town of Dover should not pay five pounds, eight shillings to the Treasurer for the defect of Constable Crockett; the Treasurer calling for said summons.

Mr. Hill, one of the House of Representatives brought up an answer to his Excellency's speech, in hæc verba, viz:

May it please your Excellency,

The Representatives of this Province have duly considered what your Excellency has laid before them, and are always glad when they may attend you in General Assembly; being sensible of your great care to her Majesty's service and the good and wel. fare of this Province, we humbly thank God for our preservation hitherto during the late and present Trouble, and attribute much to your constant care and solicitude for us; and what the Gentle men here have done to your assistance in raising volunteers is no less acceptable to us than your Excellency, And we thankfully accept your assurance that it shall be well represented to her Majesty.

As to the supply of the Treasury for the payment of Debts, the time of year draws near when the Revenue arising by a duty on lumber will show itself; and we assure your Excellency if that shall fall short at the year's end, we shall account the Province Debts our own, and take effectual care for payment of whatever

appears justly due; As to the Great Taxes your Excellener is • pleased to intimate has been this year laid upon our neighbors of

the Massachusetts; We presume it has been principally occasioned

by the War, and your Excellency may please to know we have taken care to support that charge by having our men always ready with sufficient subsistance for so many as at any time your Excellency shall see cause to command forth against the present enemy. We are sensible your Excellency is not ignorant of our poverty by [P. 152.] which we are disabled raising the necessary fortification for this port, and that the 500lbs raised bears some proportion to our present ability, and hope the Province will always do their utmost for their own preservation; and humbly pray that you will further represent the matter to her Majesty, that by some means we may be assisted in that Great charge, and that great Ordinance, arms and ammunition, may be supplied to us.

As to what your Excellency has been pleased to communicate to us of her Majesty's commands referring to Mr. Allen's title to the waste of this Province, we humbly represent and pray of your Excellency that it may be laid before her most sacred majesty, that we are very sensible of her Majesty's princely regard and justice to her most dutiful subjects of this Province, in the last trial between Mr. Allen and Mr. Waldron, which has for ever obliged us to a sense of and resolution in our duty and obedience to her majesty; that this Province is at leasty sixty miles long and twenty miles wide, containing 1200 square miles, and that the inhabitants have only claim to the property of such land as is contained within their town Bounds, which is less than one third part of the Province, and has been possessed by them and their ancestors for more than sixty years, but have nothing to offer as a grievance if the other two thirds be adjudged to Mr. Allen, but shall be glad to see the same planted and settled for the better security and defense of the whole,* with all humbly desiring it may be con

In accordance with the above expressed opinion, "on the 3d of May, 1705, the Inhabitants and Terre-Tenants of the Province, at a general meeting held at Portsmouth, came to the following resolution with respect to Mr. Allen's title:

“That they had not on behalf of themselves, nor any of the Inhabitants of this Province, any challenge or claim to any part of this Province, extra the bounds of the four Towns of Portsmouth, Hampton, Dover and Exeter, with the Hamlets. of New Castle and Kingstown, &c., appertaining which were all comprehended by a Line, on the western part of Dover, Exeter and Kingstown, already known and laiil out, and should be forthwith revised; but that the said Samuel Allen, Esq., his heirs and assigns might peacably hold and enjoy the said Great Waste, containing 40 miles in length and 20 miles in breadth or thereabouts, at the heads of the four Towns aforesaid, if so ghould please her Majesty; and That the Inhabitants of this Province at all times should be so far from giving interruption to the settlement thereof, that they declare on their behalf and by the power given them that they desire by all means that the Waste might be planted and filled with Inhabitants, the lands being very capable thereof, to whom they would all give their assistance and encouragement as far as they were able.

sidered how much time, blood and Treasure has been spent to settle and defend this part of her Majesty's Dominion in New England, and that the cost and labor bestowed thereon far exceeds the present true value of the land, so that we humbly hope her majesty's intention is not to take of all the herbage, timber and fuel from the inhabitants, without which they cannot subsist; and less than the bounds of their present towns, which were but four in number until of late two were divided, will not gire feed for their cattle, and timber and fuel necessary. It being not usual in those plantations to fence in much more of their land than serves for tillage, leaving the rest unfenced for the feed of their cattle in common, we are well assured of her majesty's gra

“ That in case Samuel Allen should for himself, his heirs, executors, &c., for ever quit-claim unto the present Inhabitants, their heirs and assigns, for ever, of all that Tract of land and every part and parcell thereof, with all privileges, &c., situate, lying and being within the severall Towns of this Province, to the extent of the bounds thereof, and also warrant and defend the same to the Inhabitants against all manner of persons whatsoever, free from mortgage, intailment and all other manner of In

lat this agreement and the lands therein contained should be accepted and confirmed by her Majesty, then, and in such case they agree to lot and lay out unto Samuel Allen, his heirs and assigns forever, five Hundred acres of land out of the Township of Portsmouth and New Castle; 1500 acres out of the Township of Dover; 1500 acres out of the Township of Hampton and Kingstown, and 1500 acres out of the Township of Exeter, all which Lands should be laid out to him the said Samuel Allen, out of the Commonage of the respective Towns in such place or places, not exceeding three places in a Town, as should be most convenient to Mr. Allen and least detrimental to the Inhabitants of the Town.

"And further they agree to pay Samuel Allen, his heirs or assigns, two thousand Pounds current money of New England, that is to say, one thousand pounds within twelve months after the receipt of her Maiesty's Confirmation of this their agreement and the other thousand pounds within twelve months after the first payment.

"And further that all contracts and barcains formerly made betw and Mr. Allen with any the inhabitants or other her Majesty's subjects, which were bona fide for lands or other privileges in the possession of their tenants in their own just Right, besides the claim of Mr. Mason or Mr. Allen, and no other shall be accounted good & valid by these articles; But if any the purchasers, lessees or Tenants should refuse to pay their just part of what should be agreed to be paid, refer. ring to this affair, in equal proportion with the rest of the Inhabitants according to the land they hold for, their share should be abated by Mr. Allen out of the two thousand Pounds payable to him by this agreement.

And further that upon Mr. Allen's acceptance and under writing of these articles, they promised to give good personal security for the payment abovesaid.

"And further that all actions and suits in the Law depending or thereafter to be brought conserning the premises should cease, determine and be void, untill her Majesty's pleasure should be further known therein."

[The foregoing copied from a MS. Report of the Lords of Trade, to King George II., in Secretary's Office. To which is added :

“These Propositions having been finally settled and agreed to, were ordered to be presentel to Mr. Allen for his acceptance, but his death, which happened on the next day, prevented it."]

cious regard to all her good subjects of this Province, and humbly prostrate ourselves at her feet in this affair of so great concernment to us.

As to the providing lodgings for the Lieut. Governor, our poverty is such that we are not able to do what is necessary for our own preservation and defense; Ilowever, if your Excellency sees meet to appoint two of the Council, we will nominate two of this Ilonse to join with them as a Committee to consider that matter and make report to the next session of the Assembly.

[p. 153.] We only further humbly pray your Excellency that you will please to continue your care of us as hitherto, that we may not be insulted by the enemy, and that our principal gentlemen, such as the Judges, Justices of the Peace and other persons of the best account amongst us, may not be exposed as private sentinels, and sent out upon the scout in a small number after the enemy, as some have lately been In your Excellency's absence, to the great hazard of their lives without any prospect of service to her Majesty. February, 11, 1703-4. Past by this House,

Mark Hunking, Clerk.

Ordered, That Robert Elliott and George Jeffrey, Esqs., be appointed a Committee to join with two of the House of Representatives, viz: Mr. Mark Hunking and Mr. Samuel Keais, to consider of a House for the accomodation of the Honorable John Usher, Esq., Lieut. Governor, and to make report to the next session of the General Assembly.

Ordered, That George Jeffrey and John Plaisted, Esq.,' be a Committee to audit accompts of the Tanners, Curriers, Shoemakers, &c., and make report to his Excellency. [P. 153.] Province of New Hampshire.

The petition of Thomas Holland. To his Excellency, Joseph Dudley, Esq., Capt. General, Governor and Commander in Chief of her Majesty's Province of New Hampshire, and to the IIonorable The Council and Representatives Convened in General Assembly for said Province, at Portsmouth.

The humble Petition of Thomas Holland, now resident in said Province, mariner:

Sheweth:That your petitioner was married to Elizabeth Very[?] of Dept. ford, at Southwark, in the kingdom of England, in the year of

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