Whereas Mr. Samp" Sheife, appears this day with a deputation from Jahaeel Brinton* Esq. Coll. &c. within this Province the Council are of opinion that the said deputation be allowed and the said Sheife be countenanced & assisted in the execution of his office, accordingly, and whereas the said Sheife hath proposed to the Lt. Governor that all vessels having his clearing may be permitted to pass the Fort, and that the Naval officers appointed by Jno. Usher, Esq. late Lt. Governor of this Province may give security three thousand pounds according to a late act of Parliament, entitled, "An Act for preventing frauds and regulating abuses in Plantation Trade;" that notwithstanding said Brinton has been arrived in N. England more than six months, and has never yet visited this place, nor let the [XLVII.] Government know what powers he has relating to the affairs of this Province; yet if he, the said Brinton or Mr. Sheife be appointed by the Commissioners of the Customs in England to take such security according to the afores Act, they be desired now to show it in order to a ready obedience thereto, that his Maj'tys service may not be interrupted, nor his subjects burthened with unnecessary affairs. The above being the opinion of ye Council I see no cause but to acquiese therein.

WM. PARTRIDGE, Lt. Gov.

Ordered, Major Wm. Vaughan Treasurer pay Rob. Elliott forty shill. out of the 400 lbs. rate, as so much disbursement by him towards Widow Langmaids son's wages for part of his service as a soldier at the Fort. Council 7th April 1698.

* See MS. copy of Commission in Sec'ry's office.

Allowed in

Hannah Permitt brought in her acct. of disbursement by order of Council, and was allowed three pounds to be paid out of the Public Treasury.

[Governor SAMUEL ALLEN assumed the Administration of Government in the Province of New Hampshire, on the 15th of September, 1698. See his Commission, bearing date March 1st, 1692, on pp. 57-69.- ED.]

Province of New Hampshire.

At a Council held at New Castle, Thursday 15th 7ber, 1698.

After some debate in Council, ordered the Secretary from this Board signify to Gov. Allen [XLVIII.] that the Council is now setting & pray his company, and he came accordingly; and after a friendly discourse he told them he would take upon him the Government and that the oaths appointed by Act of Parliament instead of the oaths of allegiance, &c. might be administered, which was accordingly done in Council as also the Test signed by the Governor as on file. Then the Commission, Instructions and Seal were delivered by Lieut. Gov. Partridge.

Ordered, a Proclamation by the Governor be issued out to the several Towns in this Province to publish that all officers within this Province both Civil & Military be continued in their offices till further order.

Ordered, that notice be given to the Selectmen of every Town in this Province that all persons who have any claims due from the Province that they bring them in to the Committee appointed, who are Peter Coffin, Nath. Waer, Rich. Waldron, Esqs. at ye house of Jno. Pickering Jun' at Portsmouth, the first Tuesday in October next 10 of the clock forenoon.

Province New Hamp.

By the Honorable the Governor,

A PROCLAMATION.

Forasmuch as the Honorable SAMUEL ALLEN, Governor of this Province, by virtue of their Maj'tys Commission under the great Seal of England bearing date the first day of March in the fourth year of their reign, hath taken upon him the Governmt accordingly, [XLIX.] These are therefore to give public notice to all His Maj'tys good subjects within this Province and to all persons in any public Station or office Civil or Military that they hold & execute their respective offices as they have hitherto done until further order: And that the Captains of the respective towns within this Province publish this Proclamation by beat of drum, and then affix it to some usual public place, that no person may pretend ignorance herein.

Dated at New Castle 15th September 1698, in the 10th year of his Maj'tys reign.

By order of the Honorable the Governor.

HEN. PENNY, Sect.

Then the Governors Commission was proclaimed at the Fort, also Lieut. Governors Commission.

Province of New Hampshire.

THE MINUTES of the proceedings of the Council since the Honorable Saml. Allen Esq. published his Majestys Commission for, & entered upon the Government.

At the first Council held at New Castle

Lunæ Die,* Novembris 28, Anno 1698.
Present.

The Right Honorable Saml. Allen Esq. Governor.

Nath. Fryer
Peter Coffin Esqs.
(

Rob. Elliott
Nathaniel Waer

Esqs.

A Commission from the Hon. Saml Allen Esq. Govornor unto Sampson Sheafe for the offices of Secretary, Register, Clerk of the peace and of the Inferior Court of Common Pleas was read and approved of by the Council. [L.] The said Sampson Sheafe took the oaths required by Act of Parliment, repeated and subscribed the declaration, and took the oath of being faithful in said offices.

Adjourned till tomorrow morning at ten o clock.

Province of New Hampshire.

At a Council held by adjournment at New Castle,
Martis die‡ Novembris 29, 1698. Mat. Temp.

Present.

The Right Honble Saml. Allen Esq. Governor. Rob. Elliott, Esqs.

Peter Coffin, (

Nathaniel Waer, Esq.

Joseph Smith, Esq§ admitted and sworn one of the Council. The Hon. Saml. Allen Esq. informed the Council that John Usher Esq. had matters of importance to communicate for his Maj'tys service.

* Monday.

↑ See Commission in Sec'ry's office.

+ Tuesday.

§ Joseph Smith, Esq., was of Hampton.

Ordered, that the Secretary do acquaint John Usher, Esq. that this Board desires if he hath any letters or papers for his Maj'tys service that he would deliver them to him to communicate to the Council. The Secretary delivered the message accordingly, and brought answer that if it were desired he would come unto them.

Ordered, that the Secretary do go again to John Usher, Esq. and acquaint him that the Council desired if he pleased that he would send his papers;-if not that he could come himself and bring them.

The Secretary acquainted John Usher therewith. John Usher presently appeared at this Board and produced a letter from the Lords of the Plantation, dated the 3rd of August 1697, which said letter was read-being read Mr. [LI.] Usher said he was by his Maj'tys instructions one of his Majestys Council for this Province and accordingly claimed his privilege to sit at this Board, also asserted that he was Lt. Governor until the arrival of my Lord Bellomont or until such times as William Partridge, Esq. did qualify himself; and further declared that there were several persons by him suspended, the reason of whose suspension he had sent to Whitehall, and therefore unless his Majesty restored them, they could not sit in Council.

Rob. Elliott Esq. affirmed that Mr. Waldron and Maj. Vaughan did sign Association; therefore no cause for their suspension; and that William Partridge Esq. was Lieut. Governor and had qualified himself; and that if Mr Usher was Lieut. Governor, and these persons sat in Council, and that Maj. Vaughan and Mr. Waldron were not admitted. they would not sit.

John Usher, Esq. replied-" Is there then an agreement made among you?" Rob. Elliott Esq. replied-yes, one and all; we are all of that mind.

The Hon. Samuel Allen Esq. Governor (it having first been debated) declared that John Usher Esq. was one of the Council and that he could not refuse him his privilege.