Ordered, that the said acctts be committed and referred to the examination and audit of John Hincks, Robert Elliott, Esqs., members of his Majesty's Council, and that Rich Waldron, Esq., be added to said committee.

[P. 6.] Colonel Samuel Allen, with his Council, according to notice given, appeared before his Excellency and Council, to answer to the reflections contained in the bill about reviveing and continuing of writs and processes, &c., and also the merits of said bill; and to the petition, of Richard Waldron, Esq., Major Wm Vaughan and Capt. Henry Dow, upon which said petition is Grounded.

The petitioners with their Council appeared before his Excellency and Council at the same time, and being heard severally to said petition and bill, his Excellency desired the said parties with their council to withdraw, and declared to them that was offered by their council on both sides should be considered.

The House of Representatives, by the hands of Capt. Henry Dow and Mr Theodore Atkinson, their messengers, presented the following answer to his Excellency's speech, and also at the same time returned the bill entitled An Act for choosing and returning of Jurors to serve in the several Courts of Justice within this Province, with amend

ment.

The House of Representatives their answer to his Excellency's Speech:

May it please your Excellency,

Wee, His Maj'tys most dutiful and loyal subjects, the Representatives of this his Maj'tys Province, cannot omit a most gratefull acknowledgement of your Lordpps favor, declared in your speech to this Assembly, wherein your Lord hath been pleased to express so great a kindness towards us, so deep a sense of our late sufferings and present condition, and so tender a reguard to our future welfare, that our hearts are filled with an entire joy and satisfaction, for that alsoe we now see your Lord presence has already dispersed those dark clouds of late impending, portendous of our ruin and destruction, and given us a fair prospect of a serene and happy day.

As to the several paragraphs in your Lords speech they are now under consideration, and we shall follow your Lordpps directions therein, resolving in all things according to our best understanding, to behave ourselves as becomes his maj'ty's most dutiful and Loyal subjects, and your Lordpps most faithful and obedient

servants.

Adjourned till three o'clock afternoon.

[P. 7.]

Att a Council and General Assembly held at
Portsmouth, by adjournment, Mecurii die,
Aug. nono, 1699, Post merediem.

Present,

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

There being a vacancy in the Council by reason of Henry Green, Esq., his desire to be discharged and dismissed from said service by reason of his age and infirmities, and remote habitation, was accordingly dismissed; his Excellency was pleased to appoint Richard Waldron, Esq., to be one of the Council in the room of Henry Green, Esq., and to take the oaths enjoined.

Richard Waldron, Esq., accordingly in Council took the oaths appointed by act of Parliament instead of the Oaths. of Allegiance & Supremacy, repeated and subscribed the Test, and subscribed the Association, and took the oath of a Privy Councellor.

The petition of John Cross, a soldier at the fort, for wages, was read.

Ordered, that the consideration of said Petition be deferred till Major Wm Vaughan and Major Joseph Smith, late Treasurers', acctts are stated.

The petition of James Phillipps, soldjer at the fort, for wages was read.

Ordered, that said petition be deferred until Major WTM Vaughan and Major Joseph Smith, late Treasurers', acctts be audited.

The Bill entitled an Act for Establishing Courts of Publick Justice within this Province hath been three times read, consented to by the Council, and sent to the House of Representatives for concurrence.

The Bill entitled an Act choosing and returning of Jurors to serve in the several Courts of Justice, sent up by the House of Representatives, with amendm', was read, and his Excellency observing that in the said bill the freeholders of the respective towns are to make choice of Jurors by virtue of warrants directed to them from the Justices of the respective courts, is contrary to the practice of England, where the sheriffs return Jurors; he is therefore of opinion that for the more exact [P. 8.] conformity to the Laws and practice of England, it will be best the said committee prepared the said bill, do prepare a new bill, wherein the sheriffs shall have the care and charge of returning and impanueling Jurors; to which the Council do

consent.

His Excellency proposes to the Council that it will be expedient that there be an humble address prepared to be presented in the names of his Excellency, Council and House of Representatives unto his maj'ty, to assure his maj'ty of their inviolable duty and affection to his Maj'ty's person and Government, to which the Council do consent; and it is committed to John Hincks, Robert Elliott and Richard Waldron, Esqs., to prepare said bill.

Adjourned till to-morrow morning, ten o'clock.

At a Council and General Assembly, held
at Portsmouth, by adjournment Jovis die,
Augti decimo, anno 1699, ante merediem.
Present,

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

The bill for establishing Courts of Judicature within this Province sent down to the House of Representatives by Rich Waldron, Esq., for their concurrence.

An address of the House of Representatives relating to the fortifications read.

An address of the House of Representatives complaining of the late Governor Sam Allen, Esq., and persons in office, read.

The address complaining of the Late Gov' Sam' Allen, Esq., and persons in office, by him put in, referring to the gentlemen of this present Council for further information: His Excellency orders the said address be delivered unto them for to direct them therein.

Adjourned till three o'clock, afternoon.

[P. 9.]

At a Council and Gen" Assembly held at Portsmo, by adjournment, Jovis die, Augtil decimo, Anno 1699, Post Merediem.

Present,

His Excellency, Richard Earle of Bellomont, Capt. Gen" &c., Wm Partridge, L' Govern',

Nath Fryer, Esq., moved that the inconvenience of

heaving out ballast in this River might be considered.

The Bill for Establishing Courts of Publick Justice within this Province, returned from the House of Representatives for amendm1. The said bill was amended and returned to the House of Representatives for their concurrence. Adjourned till to-morrow morning at nine of the clock.

At a Council and Gener" Assembly held at Portsm° Ven die, Augi Undecimo, Anno 1690, Ante Merediem.

The Act to return able and sufficient Jurors to serve in the sever" Courts of Justice, and to regulate the election of Representatives, to serve in the Gener" Assembly within this Province, was amended, read and sent by the hands of Richard Waldron, Esq., one of the Council, unto the House of Representatives for their concurrence.

[P. 10.] His Excellency observing that the Superiour Court of Judicature, according to the present establishment, will not come in course until the second Tuesday in February next, and to the intent that the suitors in the late Supreme Court of Judicature within this Province, to have been holden by adjournment on the first Tuesday of this present month of August, and discontinued by his Excellency's arrival and entrance upon the Government, may not be prejudiced by our long delay: His Excellency proposes that provision be made by Act of Assembly that the said Superior Court, pro hac vice, be held at a shorter day for the hearing and trying of the causes and suits depending in the said Supreme Court, discontinued by means