in gen'all, This board appoints the Deputy Governor and Captn Berry for the Governor and Councill and p'pose that such a number of persons most knowing the Concernes and Interest of the province in gen'all, and of the planters and Inhabitants of the same in p'ticular may be Com'issionated by the Deputyes to joyne in the said Com'ittee, and that the matter by them p'posed and Debated shall not be Devulged or reported but as aforesaid, or advantage taken thereof agst any person or party. That a happy Conclusion may be made of all matters and all Controversies ended in the p'vince wch it's hoped by God's assistance may be Composed by this meanes Then Adjourned to 7 A Clock tomorrow morneing Att a Councill held the 17th Day of May Anno Dni 1683 p'sent The Deputy Governor & p'pr Sam Groome & p'pr of the Counc: The Deputyes came here in pursuance of the agreem1 yesterday and after the Deputy Governor had op'ned the p'sent state of things in gen'all Comunicated to them our agreem above and read the same to them, they desired a Coppy thereof, and that the [they] would returne to their house and Consider there of the same It's ordered that a Coppy of the above p'position be made and sent to the Deputyes by Captn Sandford A Message from the Deputyes in writeing In Answer to the Bill of the Governor & Councill p'poseing for a private Conference sent to this house beareing Date the 16 3-m 1683 The Conference to bee wth the Deputy Governor and Captn Berry and two of the Deputyes, Wee the Deputyes Do Condiscend to the Contents of the Bill onely for this Day, that Clause of Secrecie onely excepted and have appointed Richard Harthorne and Sam Moore for that Service Eliz Towne May 17, 1683 Messingers Edw Slater Jos Parker p. order of the house of Depts JOHN BOUND V pon Vpon Consideration of the Message now sent by the Deputyes it's agreed that such Conference be had as is above p'posed and that such Answer bee given the Messingers and that p'sons meet here forthwth wch was done accordingly. A Conference was had wch began about eleven A Clock forenoone wherein was fully Debated the Matters of passing the Bill about the Townes making locall and prudentiall orders, After a Long Debate for 3 houres tyme in Discourse wee Came to this result- 1 That as well the first Bill as the second are both before the Assembly, not rejected or expelled by the gen'all Assembly 2 That vntill by Some agreem of the Assembly, the first Bill being fframed and passed by the Deputyes and received and amended by the Governor and Councill, cannot be expelled the Assembly but by Consent of both houses 3 The first Bill may yet bee p'ceeded on notwth Standing the Deputyes Answer to the Governor and Council and notwth. Standing the second Bill-But the second Bill cannot till the ffirst be expelled as above. 4 That if the Matters contained in the Bill bee not worth attending the Councill therewth, then not worth an act, much lesse worth Contention. 5 That it's a bill of that nature as for the Things to be Don as fenceing &c. That all Townes Doe themselves wth out act not onely in this p'vince but most part of America 6 but Enforceing the Doeing thereof & p'formeing those orders on paine of being sued & p'secuted at Law &c This is an Act of that nature that has neither bin in this p'vince or other parts of America 7 It seemed to be gen'ally Satisfactory to lay aside the Bills wholely and in the Townes to Do amicably and by voluntary Consent those things wch this Law would Enforce-wch matters the Deputy Governor as alwayes said and Did now Declare hee would Countenance and in his place Assist and thus the forenoone was Concluded Afternoone wee Entred into Debate after some small Sum'ary of our forenoones Discourse about the Demands of Never sinkes, sinkes, by Colour or virtue of Nichalls pattent, And after a long Debate for Tree or ffour houres came in our Discourse to this Result, That after the Duke of Yorke and the king by their Letters had required all p'sons to Submitt to the Goverment of St George Carterett &c and vpon this termes, And the province had knowledge Thereof viz in the Month of May Anno Dni 1673 John Bound and James Grover for and in the behalfe of the Two Townes of Neversinkes petic'oned the Governor and Councill that noe Conclusion should be made of their pattent rights till the [they] could make their Addresse to the proprietors &c And that when the [they] had made Such Addresse, the [they] would acquiesse in the Lords proprietors Determinac'on-to wch the Governor and Councill then agreed That the said petic'oners in pursuance thereof sent a petic'on and Remonstrance to the then Lords proprietors vielding all their p'tentions vp to the Lords proprietors wch petic'on was read by the Lords proprietors 5th Sept 1673, After this resignation the Lords p'prietors by their grant vnder their hands and Seales ordered and granted vnto the pattentees 500 Acres of Land apeece, The pattentees accepted of the same and petic'oned to have the same laid out-warrts were granted for the same-some Surveyed and pattented p'ticularly that of Richard Hartshornes, wch appeared to bee a full Conclusion, of that affaire vnlesse it were made appeare such petic'ons and p'ceedure were not by Consent or approbac'on of the Townes -They being Don by approbac'on, of some who Subscribed to that purpose-Ric: Hartshorne, Declared as for his owne part he believed that all p'sons would pay for their pattented Land in those Two Townes, and for his owne part hee would-but the Matters being transacted by John Bound now speaker of the house of Deputyes it was p'posed that hee and Joseph Parker now Deputyes for those Two Townes should debate the p'misses further tomorrow and soe the Debate wth night Concluded Adjourned to 7 a Clock to morrow morneing Att a Councill held the 18th Day of May Anno Dni 1683 p'sent The Deputy Governor Sam Groome Thomas Warne p'pr John Bound Richard Hartshorne and Joseph Parker came here and in open Councill-A Sumary Discourse was win them of all matters passed yesterday-And after a Serious Debate vpon the agreemts and settlem made wth the late Lords proprietors wth the Two Townes of Neversinkes Debated yesterday wee Inquired into the truth of those petic'ons and Addresses the submission and resignac'on of their p'tended pattent Rights to the late Lords proprieto's And they were all owned and agreed to be true—but alleged that the same was for feare-It was answered that the like allegac'on may ever be made-but as an Evidence to the Contrary the petic'one's themselves Demonstrate besides that the pattentees had after the Lords proprieto's grace and ffavour granted them 500 Acres of Land apeece the [they] returned a letter of acknowledgem and thanks-And their Associates in Complyance therewith all pattented their Lands according to Concessions none excepted-continued ever afterward satisfied therewth All Contented wth what was don, made noe Demonstrac'on of the least Disscatisfac'on wch Evidented a voluntary and Satisfactory agreem1, Inspecc'on was made of the bookes and therein was view'd their Severall warrts for Lands to the pattentees severall whereof Enjoy them to this Day. The pattentees alleged they were to have their Land Rent free-It was Answered no for that grants of that nature was no otherwise but by Rent as the late Governor and others, as also Richard Hartshorne who has his pattent he Declared hee would pay his rent and beleiv'd all the Inhabitants of these Two Townes would Doe the same-An Authority vnder all the peoples hands was p'duced and things left to the p'sons above and Three more weh three others were not here-however they alledged they had full power in themselves to End all p'tenc'ons wth vs-Then was inspected the Late Lords p'prietors Resolve wherein they give 500 Acres of Land a peece to the pattentees and order allowance for Barrens to all other the Associates-Then it was offered that such allowance was given as p'ticularly to R Hartshorne Three Acres for one in respect of Barrens-and others in p'portion to the barrennesse of the Soyle,-But if any Complain'd of Due allowance we were ready to make a Resurvey for further Allowancewch seem'd to Conclud the busines wthout further Difficulty -But Richard Hartshorne Joseph Parker and John Bound Consulting privatly togeither told vs they were Limitted by the Towne what Termes to make notwthStanding under their hands they had given them full power, wch was to Demand to have all their Land at halfe a bushill of wheate a 100 Acres This we told them we hoped they would show vs such Limitation as well as the other full Authority-Their Lymitation they alledged they had not in writeing but by word of mouth, that we tould theme was vnfaire to have one Authority to p'duce in order to treate and another Secrett wch they told vs not of when we entred into treaty-And such Com'issions and Authorityes wise and honest men have frequently refused as not fitt for honest men to execute-Soe this being their Termes and now haveing their words for it and nothing vnder hand, besides the unreasonablenes of the Demand-we found Cause to Dicent from further Debate-They then Alledged as for all Quit Rents for Lands pattented they would pay and other p'tentions leave till it Could be otherwise Composed,-wee then p'posed to them that the Case should be fairely from first to Last from the pattent of Governor Richard Nicholls to this Day-be stated wthout a Com'ent and to Leave the whole to any Lawyers Judges honest men or king and Council for a finall End-or if they had any other wayes to p'pose, Wee Desired them to offer it-vpon wch they not seemeing to Encline to any ffriendly End neither accepted nor rejected our p'position nor offered any other wayes or meanes to End or Determine the same but left vs, wch is the sume of or Conference. In the afternoone the members of Elizabeth Towne came here in Councill, vizt Henry Lyon Benja Parkis and Isaac Whitehead and p'duced their Towne Booke-and showed how in the yeare 1666 they had agreed and appointed p'sons to make and settle 1t 2 & 3d Lott ments for the equall and orderly Disposall of Lands wch Lotts soe setled were then ordered to be p'sent to the next Towne meeting for approbation by Search of the books, the next or after Towne meeting there is noe Report of the Alottmts setled or Confirmed As for their p'ceedure that or any other way so that it might be equally Just wth all wee were ready not onely to Consent but Countenance and should allwayes be ready soe to doe-Inquiry was if they had any greevance wee weare ready to heare it haveing already redressed all they fformerly complained of -They alledged the [they] wanted a townes meeting in order to it, The Governor Answered that the [they] should have them as frequently as they Desired-in all other p'ts of the p'vince the Justices of peace gave out warrts for the sameand so the Governor expected the [they] should Doe here -That the Assembly had Enacted how Justices of peace should be Com'issionated in pu'sance thereof by order of Councill, I made a Com'ission for Justices by their appointm*, the p'sons now here, p'sons who made the Law, p'sons of most repute |