Whereas there is due to Mr. Charles Story, from the 17th of August to the 17th of February last past, six pounds for his salary as secretary: Ordered that an order go forth to the treasurer for the paym' of the same. Mr. John Smith brought a vote from the House of Representatives relating to the erecting a Goal. The L Govern' sent John Gerrish, Esq., as a messuage to call the said House up again to this board, who came accordingly; and the L Govern' was pleased to adjourn them till the second Tuesday in June next. [P. 29,] Province of New Hamp'. } At a Council and Gen" Assembly held at Portsmouth, the 11th day of June, Anno dmi. 1700, Post merediem. Present, The Honble Wm Partridge, Esq., L' Govern', John Hincks, Nath' Fryer, Peter Coffin, Esqrs. John Gerrish, Esqrs. Rich Waldron, Esq. The L Govern' produced a letter directed (for the Lt Govern', Council and House of Representatives of the Province of New Hampshire) dated at Boston, the 6th of June, 1700, from his Excellency Richard Earle of Bellomont, which was read at this Board and sent down to the House of Representatives by the secretary, Mr. Charles Story, a copy whereof is as follows, viz.: Boston, 6th June, 1700. Gentlemen: -The encroachment of the French to the eastward of New Hampshire, and their having alienated the Indians all about you from their former obedience to the King, makes it too manifest that their aim and design is to supplant the English and make themselves m of all this continent; adding to that, too, the late intelligence I have had of the restless endeavors of the French to debauch the five nations of Indians in the Province of New York from yr obedience to the King, wherein it is to be feared they have made too successful a progress; forasmuch, therefore, as we are thus beset on every hand by the French, it behooves us to put everything in practice for our defense and security. Nothing can be thought of that's more necessary for that end than the fortifying yor harbor; and in regard of the smallness of that Province and slender number of people there, it would be too great an undertaking for you to build a sufficient fort on the Great Island in Piscataqua River; if you will be at the charge of bringing all materials in place, I will endeavor to dispose [P. 30.] the King to be at the charge of building this said fort; but then I advise you to lose no time, but immediately to pass such a Law as shall effectually oblige the Province to provide the said materials; of all which I will send you in a few days the estimates, and so I conclude, Gentlemen, Your affectionate friend, Samuel Alcock, comand of the ship Richard & Margaret, now laden and bound for Barbadoes, complaineth that Mr. Sampson Sheafe, Deputy Collector of this Province, refuses to give him his clearing, until he first come to an anchor with the said vessel at New Castle; which is contrary to common usage ever since the settlem of the Governm' of this Province, under his Excellency the Earle of Bellomont. Ordered that the Secretary give notice to Mr. Samson Sheafe, to appear before the L Govern' and Council tomorrow morning at eight o'clock, to answer said complaint. Whereas Thomas Laton, pursuant to an order of Council of the 19th of February last past, was sent as a messenger by the L' Govern' to the Earle of Bellomont, then in Boston, to give him an account of some Indians' proceedings at Cochecha, for which service said Laton was promised one pound, eighteen shillings: Ordered, That the Secretary grant an order to the treasurer to pay the Said Laton one pound, eighteen shillings. Adjorn'd till to-morrow morning, eight o'clock. [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., L' Govern', John Hinkes, Esqrs. Nath' Fryer, Peter Coffin, John Geerish, Esqrs. 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 25: 04:02 due to him for his wages as Captain of the fort Wm and Mary. Ordered that the said sum of 25: 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 64 a time, and a single person two pence, which being read, was agreed to by the L Govern' and 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 Lt 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 |