Pro: New Hampshire.

At a Council and General Assembly held at Portsmouth by adjournment, to this present Tuesday, 9th August, 1698. Present, Lieut. Govern',

The petition of Richa Gerrish, commander of ye ship Benjamin, concerning the remitting his powder money being read, Ordered, that he pay his powder money here as he did at Boston.

Application being made to the Lieut. Govern', Council and General Assembly, by Mr. John Bridger, &c., that Incoridgment may be given to the inhabitants of this Province for sowing of hemp the next season, in order to gain a right understanding what this Province may be able to produce of that kind towards the supply of his maj'ty's naval stores,

Ordered, that the gentlemen [P. XLIV.] of the Assembly do give notice hereof to the inhabitants within their respective towns, and endeavor the promoting so good a work tending to his maj'ty's service and their own interest. Past by the Assembly. Theo. Atkinson, Cl., Hen. Penny, Secr.

The Lieut. Govern' having sent up for the whole Assembly and demanding if at present they had anything further to offer for his maj'tys service; they answered, None.

Then the Lieut. Govern" adjourned them to the second Tuesday in October next, at Portsmouth, 12 of the clock at noon.

NOTE. The paging of the "Journal of Council and Assembly," which follows, is in figures, as in the original record.

[P. 1.] Province of New Hamp.

At a Council and General Assembly held by adjournment at Portsmouth, Lunæ die, Augt Septimo, anno 1699,

being the first after the publication of his Majties Letters Pattents, dated the eighteenth day of June, in the ninth year of our Reign, unto his Excellency Richard, Earl of Bellomont,* Capt. General and Governor-in-chief of this Province. Ante Merediem.

Present,

His Excellency RICHARD, EARL OF BELLOMONT, Capt. General, &c.,

Wm Partridge, Esq., Lt Govern',

Mr James Randal and Mr Theodore Atkinson for the town of New Castle.

Capt. Jno. Tuttle,

Capt. Jno. Woodman, For the town of Dover.
Mr Nath. Hill,

Mr. Theophilus Dudley, Town of Exon [Exeter].

Henry Green, of Hampton, Esq., prayed his Excellency, that in regard of his age, many infirmities and remoteness. of habitation, he was very unfit to serve his Majesty as a member of Council,† he might therefore be dismissed; and was dismissed accordingly.

* See Records of Council, Commission of Gov. Bellomont, pp. 305–312.

† HENRY GREEN, Esq., was one of the most prominent men of Hampton. See a biographical notice of him by Hon. S. D. Bell in Coll. N. H. Hist. Soc. Vol. 8, pp. 374377. In the Town Records of Hampton is the following entry: "Henry Green, Esq., aged above 80 years, for several years a member of the Councill, untill by age he layd downe that place; but did it justice till he died, which was the 5 August, 1700." - ED.

His Excellency sends for the House of Representatives, who waited upon him; he advised them to go to the house appointed for them to settle their House, choose their Speaker and present him at four o'clock this afternoon.

Ordered that a writ of Dedimus Potestatem be made out and y' the names of John Hincks and Robert Elliott, Esqrs., and Mr. Sampson Sheafe, Secretary, be inserted, and they impowered to administer the oaths appointed by act of Parliament instead of the oaths of Allegiance and Supremacy, to every member of the House of Representatives; and that they see them repeat and Test and subscribe the Association. The dedimus Potestatem was accordingly made out & signed by his Excellency & sealed with ye Province Seal.

Adjourned till four o'clock in the afternoon.

[P. 2.] Province of

New Hamp.

At a Council and General Assembly, held by adjournm', at Portsmouth, Lunæ die, August Septimo, Anno 1699, Post Merediem.

Present,

His Excellency Richard Earle of Bellomont, Capt. Gen', &c.,

William Partridge, Esq., Lt Govern',

John Hincks, Esqrs.

Nath' Fryer,

The Committee impowered by writ of dedimus potestatem to administer the oaths appointed, &c., unto all and every member of the House of Representatives, made y1 return of their doings therein, as on file.

The petition of Samuel Allen, Esq., about the reviveing Courts that his Processe may be continued, and no timber felled, was read.

The Assembly or House of Representatives waited upon His Excellency at four o'clock this afternoon, and presented Mr. Samuel Penhallow to be their Speaker, and His Excel

lency approved their choice and made the following Speech to the Council and House of Representatives:

Gentlemen:

EARL OF BELLOMONT'S SPEECH.

I have called you together at this time to give you an opportunity of serving the common interests of your country by redressing the grievances the Province lies under, and of making such Laws as may, by the blessing of God, establish you in safety and happiness for the time to come. I am very sensible of the great sufferings you sustained all this last war by this Province being a Frontier towards the Eastern Indians - a cruel and perfidious enemy in their own nature, but taught and encouraged to be more so by the Jesuits and other popish Missionaries from France, who were not more industrious during the war to instigate their Indian disciples and proselytes (as they are pleased to call 'em) to kill your people treacherously, than they have been since the peace to debauch those Indians from their former subjections to the Crown of England, insomuch as at present, they seem to have departed from their allegiance to the Crown and revolted to the French. I have taken such measures as quickly to find out whether those [P. 3.] Indians will return to their obedience to the Crown or no; if they do not, and that they commit any Hostilities upon you, I doubt not but find an easy way of subduing them.

Upon the report of His Majesty's Engineer, whom I sent to view the Fort on the Great Island and the harbour of this Town, I find the situation is naturally well disposed, but the Fort so very weak and untenable that it requires the building a new substantial one to secure you in time of war.

You will do well to take this matter into consideration as soon as may be. This Province is well seated for trade, and your harbor here on Piscataqua River so very good that a fort to secure it would invite people to come and settle among you; and as you grow in numbers so will your trade advance and flourish, and you will be useful to England, which you ought to covet above all things, not only as it is your duty, but as also it will be for your glory and interest.

Such a King as God hath blest you at present, and such a nation as that of England, ought to excite in us a noble ambition to be religiously faithful to the first, and zealously subservient to the latter.

I recommend to you, gentlemen of the House of Representatives, the providing for the necessary support of the Government, you being best able to judge what the charge will be, and its belonging to you of right to provide the means to defray that charge. Gentlemen:-You will do well to think of everything that may conduce to your own happiness and advantage, wherein you may depend on my concurrence with you, for I have all the disposition imaginable to do the King and this Country the best service I am capable of.

The bill for reviveing and continuing of writs, processes, actions, suits, &c., depending in the late Superiour Court of Judicature within this Province, and discontinued, &c., was read this day.

Ordered, that a Bill for returning of Jurors to serve in the several Courts of Justice within this Province was read this day.

Ordered, that the Secretary do give notice unto Major W Vaughan and Major Joseph Smith, to appear at this board on Wednesday morning, ten o'clock, and that they bring the Accts of the treasury of this Province, committed to them.

Adjourned till tomorrow morning, ten o'clock.

Orders of the House.

[Copied from MS. Minutes of the Assembly.]

For regulating the House they have voted, that the following articles be observed, viz.:

1. First.

That every member of this Assembly that shall be absent att the time apointed for meeting, and att calling over, shall pay three pence to the Clark for every such defect.

Secondly.

That whosoever, by any misbehave in speech or action, justly offend any of the members of the House, he shall for the first be admonished; the second, fined, as the House think meet.