[P. 31.] Province of New Hampshire.

At a meeting of the Council and Gen" Assembly, held at Portsm° by adjornment, on Wednesday, the 12th June, 1700, Ante merediem.

Present,

The Honble Wm Partridge, Esq., Lt Govern',

The complaint of Sam' Alcock being read at this board. agst Sampson Sheafe, Deputy Collector, for refusing to clear his vessel, the said Sheafe then present, but gave no reason according to Law why he did refuse the clearing said Alcock's ship or vessel; only said he did it because Mr. Armestrong, the naval officer, had informed him that my Lord had so ordered it; but no such order appearing, Mr. Sheafe did promise for the future to give clearings as formerly, unless to such vessels as he had cause to suspect of loading any thing contrary to law.

A vote from the House of Representatives was brought to this Board by Mr. Joseph Swett, concerning passing an act about willful perjury, fornication and profanation of the Lord's day.

Mr. Theophilus Dudley brought up the Lord Bellomont's letter which was sent down to the House of Representatives yesterday.

Joshua Pearce's petition, relating to monyes due to him from y Province, was read. Ordered that the Secretary look out for the debenter and make report to the Council at y' next sitting.

Shadrach Walton's petition was read, relating to 251: 043: 024 due to him for his wages as Captain of the fort Wm and Mary.

Ordered that the said sum of 25th: 04:02a be discounted with Capt. Walton in part of the publick mony in his hand, which he formerly received of Mr. Pheasant Eastwick, as per his receipt appears.

The petition of Mr. Richard Hilton, of Exeter, was read at this board, relating for a ferry to be granted him [P. 32.] for transporting horse and man from Swamscott over the. River against his house for 50 years' time. Allowed of, and afterwards sent to the House of Representatives by Mr. Charles Story, Secretary.

Mr. Moses Levitt brought a vote from the House of Representatives to this board, that Mr. Richard Hilton's petition be granted concerning the ferry from his house to Swamscott, Provided there be a convenient way on both sides the river laid out to said ferry, without making it a Province charge; every man and horse to pay 6a a time, and a single person two pence, which being read, was agreed to by the L' Govern' ahd Council, and ordered that a Bill be drawn accordingly, and that Mr. Charles Story draw the

same.

The petition of Abraham Clements of Hampton, concerning his having a trial at the Court of Common Pleas, the 7th of June, 1699, at the suit of one Nath' Ayers, at which Court Judgement was obtained against said Clements, upon which he appealed to the Superiour Court following; but the Governm1 being changed the said Superiour Court was altered, and at the next Superiour Court that was held the Judges was of opinion that the cause could not be tried before them for which he craves a new trial next Superiour Court,-was read at this board and sent to the House of Representatives by Mr. Charles Story, Secretary.

Mr. Hill brought Mr. Clements' petition from the House of Representatives to this Board, with a vote on back side of said petition, that Abraham Clements' petition within mentioned, concerning a hearing of his case at the next Superiour Court, be granted.

Agreed to by the L Govern' and Council, and ordered that a Bill be drawn accordingly.

A Bill for settling a ferry between Swamscott and Mr. Richard Hilton's house, in the township of Exeter, was

three times read at this board and sent down to the House of Representatives by Mr. Charles Story, Secretary, for y' concurrence; being first passed by the Council to be enacted, and was afterwards consented to by the L' Govern', and by him signed accordingly.

[P. 33.] The petition of the selectmen and other the inhabitants of the town of Hampton, concerning great disturbances made by several ill disposed persons in the said towne, taking upon them to fence in considerable parcels of principal feeding lands belonging to the town of Hampton, &c., was read and sent down to the House of Representatives.

Mr. Theophilus Dudley brought up to this Board said petition from the House of Representatives, and a vote that an act be passed that no person whatsoever shall presume to fence in any common land belonging to any town within this Province, without they obtain some grant or liberty from the freeholders of said town, where said land belongeth, upon pain or penalty of being accounted disturbers of the peace of his majesty's subjects in this Province; and it shall be in the liberty of a Justice of Peace to bind over any such person to the next Quarter Sessions of the Peace, to answer for their contempt for not observing said act.

A vote was sent up from the House of Representatives to this Board as follows: Upon reading a letter of the 6th of June, 1700, from his Excellency the Earle of Bellomont, our Governor, &c., directed to the L' Govern', Council and Representatives of the Province of New Hampshire, importing the danger we may be exposed to and the necessity of well fortifying our Harbour,

Voted, that an answer be forthwith given his Excellency in a letter from the Gen" Assembly, wherein first to acknowledge the many benefits and advantages that have accrued to the inhabitants of this poor Province the year past, who have enjoyed a great deal of peace and quietness, without disturbance, being the fruits and effects of

his Excellency's prudent conduct and good settlement of the Governm here; also to represent to his Excellency the extreme poverty and inconsiderableness of this Province, having been extremely lessened and impoverished by the late war, and just now wading through the difficulty of discharging all publick debts, [P.34.] formerly contracted for our defense agst the common enemy, besides the unhappy circumstances we at present labor under, by a growing charge to defend our Rights and properties agst one, who, for lending a few hundred pounds to a pretended proprietor, claims the possession of our Houses and Lands, which, with the expense of so much blood and mony, even far beyond the intrinsic value thereof, our ancestors and Selves have hitherto defended, both in the former Indian war and in the late French and Indian War, whereby his maj'ty's Right, interest and dominion in and over this part of our territory of New England, hath hitherto been preserved; but, however, with all humble gratitude to acknowledge his Excellency's great care and concernedness for our future. defense in time of danger, and to assure his Excellency that when ever he shall see cause to order the building a more sufficient fortification on the Great Island, we will contribute according to our utmost ability towards finding materials for the same, which we shall be more particular in when his Excellency shall please to send us an estimate of the charge thereof, weh we account our selves obliged to, as well in duty to his most Excellent Maj'ty, as for our own preservation, only we desire his Lord may be put in mind that the fortifying Piscataqua River doth as much concern the Massachusetts as ys Province, whose interests on that side the River is of much more value than ours on this, and pray that the Honble Lt Govern' and Council will join with us herein.

Passed by the House of Representatives.

THEODORE ATKINSON, Clerk.

The Lt. Govern' and Council having heard the abovesaid vote read, gave consent thereunto and order the Secretary to draw a letter directed to his Excellency Richard, Earle of Bellomont, accordingly.

[P. 35.] Mr. Charles Story was sent to call up the House of Representatives, who accordingly came, and passed the bill to be enacted, entituled an Act for settling the ferry between Swamscott and Mr. Richard Hilton's House, in the townPP of Exeter.

Then the Lt. Govern', Council and Assembly subscribed y' names to a letter, directed to Richard, Earle of Bellomont, a copy of which is as follows:

Portsmouth, 12th June, 1700. May it please your Excellency,─We cannot omit a due acknowledgemt of the many benefits and advantages of y" poor Province, the year past, having enjoyed a great deal of peace and tranquillity without disturbance, which we find to be the fruits and effects of your Excellency's prudent conduct and good settlem' of the Governmt among us.

Wee not enlarge upon the exceeding poverty and inconsider. ableness of this small Province, who have been extremely lessened and impoverished by the late war, and just now wading through the difficulty of discharging all publick debts, contracted for our defense against the late common enemy; besides the unhappy circumstances that we at present labor under, to defend our Rights and properties against one, who for lending a small sum of money to a pretended proprietor (and a little more to stop the mouths of his heirs after his death), now claims the possession of our houses and lands, which with the expence of so much Blood and mony, even far beyond the intrinsique value thereof, our ancestors and selves have hitherto defended, both in the former Indian War and in the late French and Indian War, whereby his Maj'ty's Right, interest and Dominion, in and over this part of his Territory of New England, has been hitherto preserved.

But notwithstanding all our ill circumstances, we do, with all humble gratitude acknowledge your Excellency's great care and concernedness for our future defense in time of danger, signified in your Excellency's Letter of the 6th currt, and crave leave to assure your Excellency, that whenever you shall see cause to order the building a more sufficient fortification upon the Great