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lies, that they lay out in the centre of their place a fort, and a Lot for the parsonage there, and that they settle an able Orthodox minister within three years next coming, and they have leave to renew their grant, with these conditions.

Ordered, that the supply of the service of the War, for soldiers and other incidental charges during the recess of the Assembly, shall be made by the Treasurer, by warrant from the Governor and Council, and paid and answered to him out of the present tax, by warrant for the same.

These two several Bills, having past both Houses, were consented to by his Excellency and by him signed accordingly :

A Bill for settling a salary of one hundred and sixty pounds per annum upon his Excellency Joseph Dudley, Esq., Governor ;

A Bill for continuing several Rates and duties of custom, Excise, Impost, &c.

Adja till to-morrow morning, 10 of the clock.

[P. 193.] Province of New Hampshire.

At a Council and General Assembly, held at Portsmouth by adj', on Thursday the 34 May, 1705.

Present,

His Excellency Joseph Dudley, Esq., Governor, &c.,

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Mr. Secretary Story's debenter, am° to fifty nine pounds, eighteen shillings, for his service as secretary from the 17th May, 1704, to the 17th May, 1705, being approved by the Assembly, was this day allowed by his Excellency and Council, and ordered to be paid out of the present Rate in

course.

Mr. Attkinson's debenter, am° to 32: 75: 104, for soldiers' wages, shallop hire, and material for the fort, was allowed and ordered to be paid in course.

Mr. John Campbell his petition, relating to an encouragment for the Post Office, was this day read, and ordered that six pounds be paid him out of the next province Rate, for his Extraordinary Service in forwarding his Excellency's and the Government letters for her Majesty's service relating to this Province, and to be in full for the year past and until the 18th June next.

Ordered, that Mr. George Jaffrey be appointed to audit the account of the Officers and soldiers at the fort for the two years last past, ending the 17th May next, and make a true Muster Roll, and that the secretary give notice to the several officers and soldiers aforesaid, to bring an account of what is due to them to the said Mr. Jaffrey.

Ordered, that Mr. Treasurer for the future pay orderly to the several creditors to the Treasury of this Province, that is to say, according to the several dates of the warrants, signed by the Governor in Council, except by express order of the General Assembly, or the Governor in Council, for special and immediate service of the Province; - All other payments to be accounted disorderly, and shall not be allowed.

Voted in Council.

Cha. Story, Secretary.

J. DUDLEY.

[P. 194.] Mr. Jaffrey and Mr. Plaisted are appointed a committee to inspect and Audit the Treasurer's accounts, and to make the Defalcations; Ordered, and they are to take care that there be no defalcation for more upon Beef and Boards than was bona fide received and paid upon the province Account.

Mem" there is not to be allowed any defalcation in the payment of Beef to the soldiers of the Garrison or elsewhere, nor to laborers or handy crafts men, who are ordered

to be paid as the provisions are set by the Assembly in the

tax. Signed in Council.

Cha. Story, Secretary.

Per Order

Adja till to-morrow morning, 10 o'clock,

Province of New Hampshire.

J. DUDLEY.

At a Council and General Assembly, held at Portsmouth, on Friday the fourth day of May, 1705.

Present,

His Excellency Joseph Dudley, Esq., Governor, &c.,

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George Jaffrey,

John Plaisted,

Sam' Penhallow, Esqrs.
Henry Dow,

A Bill for raising of eight hundred pounds for defraying the public charge of this Province, being three times read and consented to by the Assembly, was past and enacted. Prorogued till Wednesday, the 25th of July next, 10 of the clock, forenoon.

[P. 195.]

Peter Coffin,

At a Council and General Assembly, at Portsmouth, on Wednesday, the 25th July, 1705.

Robert Elliott, Esqrs.

Nath' Weare,

George Jaffrey,

Present,

Sam Penhallow, Esqrs.
Henry Dow,

Additional instructions to his Excellency Joseph Dudley, Esqr., Capt. General and Commander in Chief, &c., of the Province of New Hampshire, in New England, in America, &c., was read at this Board, and ordered that the Secretary enter the same in the Council Book.

Ratification of the Act obliging the inhabitants of her Majesty's Province of New Hampshire to do Military service, was read at this Board, and Ordered that the Secretary enter the same in the Council Book.

Capt. Rednapp, her Majesty's engineer, was sent for to this Board, being asked if he had finished the breach of the two angles of her Majesty's fort, William and Mary, at Newcastle, and if he had any occasion to complain for want of laborers or workmen; Answered, he had finished what he was directed by his Excellency and this Board to do, and that he had been well attended with laborers and workmen.

Ordered, that Capt. Walton, Commander of her Majesty's fort, William and Mary, forthwith dismiss all the Quakers under confinement in the said fort, and signify the same to Capt. John Tuttle, of Dover, And that the said Quakers had done no duty at the said fort; and that the Secretary issue forth an order to Capt. Walton accordingly.

Pursuant to his Excellency's Letter of the 15th July, 1705, signifying that the Secretary's defalcations upon Beef might be considered, and that 17: 14", being the remaining of the Treasurer's account, be Ordered to be paid the secretary, till a further consideration at his Excellency's next coming there,

Ordered, that the Treasurer pay the Secretary the said 17: 14, accordingly.

Ordered, that the Treasurer deliver three barrels of Powder to Capt. Walton, which he received upon Tonnage of shipping for the Province use, and that the Treasurer také Captain Walton's receipt for the same.

[P. 196.] Lt Attkinson del into this Board an account of all the guns, stores, &c., belonging to her Majesty's fort, Wm and Mary, as upon file.

Samuel Penhallow, Esq., Treasurer and Commissary General, took the following Oath :

That since the year 1699, he hath received of all ships

or vessels coming into the River the full duty of powder money or species, according to their Tonnage, and the Acts of this Province for such duty, excepting only the two Mast ships, who have several times been abated by Orders of Council, or excepting any other in the like nature.

Upon the request of Robert Smart, son of Robert Smart of Exeter, in said Province, deceased, and reputed brother to John Smart formerly of said Exeter and late of New York, deceased, desiring to be so certified under the public seal of this Province, and several of this Board well know the same,

Ordered, that the Secretary draw a certificate accordingly, to be signed by the first nominated person in the Council, and counter signed by the Secretary, and to affix the public seal of the Province Thereto.

Pursuant to his Excellency's Letter of the 17th instant, Ordered that the Assembly be prorogued till the first Wed. nesday in October next, and that the Secretary give notice to the Assembly accordingly.

ANNE R.

[P. 197.] [Duplicate.] Additional Instruction to our Trusty and well beloved Joseph Dudley, Esq., our Capt. General and commander in chief of our Province of New Hampshire, in New England, in America; and in his absence to the Commander in Chief of our said Province for the time being. Given at our Castle at Windsor the 17th day of July, 1704, in the third year of our Reign. Whereas by the third article of our Instructions to you, according to several Laws relating to the Trade and navigation of this our kingdom of England, and our colonies and plantations in America, You are required to take care and give in charge that no goods or commodities whatsoever be imported into, or exported out of, our Province of New Hampshire under your government, in any ships or vessels, but in such whereof the master and three fourths of the Marriners, at least, are English; and whereas by a clause in an act past the last session of Parliament, entitled an act for raising recruits for the land forces and marriners, and for dispensing with part of the act for the encourage

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