them as his Subjects at your hands, and To remonstrate to you the Inconveniencys which probably may attend your further Encouraging & protecting ye vowed & open Enemys of ye King of Great Brittain to whom be pleased to be referred

[The letter was sent to Governor Vaudreil, of Canada, by Theodore Atkinson, who was appointed by Lieutenant-Governor Wentworth, in accordance with a vote of the Assembly of December 12, 1724, to join commissioners from Massachusetts, Connecticut, Rhode Island, and New York, to go to Canada and remonstrate with the Governor for violation of the treaty of Utrecht. See Vol. IV., pp. 163, 174. — ED.]

[2-144]

[Summons to Samuel Emerson to Answer for Obstructing a Deputy Surveyor, 1725.]

Pro: of To The Sheriff of The Sd Province His Undr Sheriff or N-Hamp Deputy Greeting

Pursuant to an order of His Hon' the Lieut Govr You are hereby required in His Majestys name immediately on receipt hereof to Summon Capt Sam1 Emerson of Dover Gentleman to appear at the Council Chamber in Portsmo before his Hon' ye Lt Gov' tomorrow at 10 oclock beforenoon, to answer ye Complaint of Icha Chesley of Sd Dover yeoman, for obstructing him ye Sd Chesley in ye Execution of His office as Deputy Surveyor of ye woods Sometime within a Month past at Dover aforesaid wch is Contrary to ye Peace of our Sovereign Lord ye King His Crown and Dignity. Dated at ye Council Chamber in Portsm° aforesaid ye thirtyeth day of Decem* 1725

Richd Waldron Cler Cou Make return of ye Precept wth yor Doings at time & place above mentioned R Waldron Cler Cou Provenc of New Hamsher Desembr the 31 1725

with obdenc of to this within presep I hath Summuns Cat Samuel Emerson Rich Ward Dep Sher

[2-145] [Governor's Order in Favor of R. Wibird, 1726.]

Pro: of By The Honourable John Wentworth Esq' Lieut Gov N: Hamp

and Commander in Chief of the Said Province

Pay unto Richard Wibird Esq' out of the Treasury thirty three

pounds three Shillings and ten pence for Sundry disbursm's on the Brigantine Squirril, and for the voyage to Casco upon the ratification. with the Indians for which this Shall be your warrant. Given under my hand at Portsmouth the 20th day of August 1726

To Mr Treas' Penhallow N-Hampshire

[2-146]

J: Wentworth

[Proceedings in Council relative to Samuel Thing, not Printed in Council Records, 1726.]

Pro: N. Hamp At a Council at Portsm° Sept 26, 1726—

Upon Complaint of Nathan Tailer Benja Sanburn and Sam' Stevens agst Sam' Thing Esq' for mal-administration in his office as Justice of the Peace (as at large on file) The Case being opened by ye Kings Attorney in behalf of the Complaints and the respond being fully heard in the premises It is resolved that the following Minute of Council be publickly read at ye board in presence of the sd Justice Thing (viz) That the Complts have fully made out and proved their Charge exhibited agst him, and forasmuch as ye said Justice Thing stands now convict, of perverting ye law and mal-administration (in his capacity afores) in sundry Instances as Expressed in the s4 Complaint It is Ordered nemine contradicente, That the s Sam' Thing Esq' be suspended from ye place and office of a Justice of peace and he is hereby suspended from exercising the said place & office for ye space of 3 m° next Coming. And forasmuch as it is suggested to ye board that these are not the first Instances of the sd Mr Things misfeasance and illegal proceedings in his Justiciary administration It is further ordered that his suspension aforesd be continued from ye end of ye sd 3 m° during ye Pleasure of ye L' Gov' & Council unless at ye Expiration yreof he appear at ye board & vindicate his character especially in ye matter of Foulsham & Morgan (mentioned by ye Kings attorney): and that ye respondt pay Costs am° to £3. 8

[Endorsed] Minute Coun. 7br 26 1726

R. Waldron Cler Cou.

[A number of depositions, copies of warrants, and minutes of the proceedings of the justice's court, held by said Samuel Thing, accompany the foregoing.

ED.]

[2-156] [Memorial of John, Son of Sir Charles Hobby, 1726.]

Province of New Hampshire, Novemb1: 22: A. D. 1726. To The Honble John Wentworth Esq' L' Gov' and Commander in Chief & ye Honble the Council & Representatives in General Court Assembled

The Humble Memorial of John Hobby Son and Heir of S1 Charles Hobby Sheweth

That your Memorialist has by Descent from his sd Father St Charles Hobby a just right to half ye Lands of this Province wch he purchased of Mr Thomas Allen Son and Heir of the Honble Sam' Allen Esq'And now forasmuch as the main & principal parts of it are actually settled by the Labours and at ye great expense of ye blood and treasure of the present inhabitants, Your Memorialist is therefore willing to make them very easy in their possession however they were induced at first to possess themselves wrongfully of them My business therefore at this present is to move this Honble Court in behalf of the Inhabitants of ys [this] Province to consult some proper methods whereby ye Inhabitants may be Intirely contented and at the same time I may not be utterly disinherited and lose my patrimony among

them

This is an affair will doubtless be best Compromised in peace, both for ye safety of our estates and satisfaction of our Consciences and the Issue may be Gods blessing upon our Labours & the security of our persons from his Chastisements by the barbarous Heathen The only thing I can suggest at present as a leading step to it will be (if this Honble Court think well of it) to have a Committee of some moderate & discreet persons appointed by this Court in behalf of the Inhabitants that we may freely and friendly debate the matter make mutual offers & proposalls for an accommodation & when we conclude if the matter be pleasing to ye Inhabitants we shall ratifie them. —

And I hope this Honble Court will see the persons appointed (if they come into the proposal now made) be men of peace and moderation willing to administer Justice altho' some temporal damage is sufered by it for I determine to govern my self by such advice, and if it be possible to prevent any further Contest & so I rest ys Proposall before your Honour & ys Honble Court &c

John Hobby

[The foregoing memorial was read in Council November 23, and sent to the House. November 24, the matter was considered in conference of the Council and House. November 29, "The vote of the Council of the 25th Inst. Relating to Mr John Hobbys Memorial was Read & Nonconcurred" There is no record of said vote of Council in Vol. IV. In General Assembly, November 30, action was taken as follows. ED.]

-

The Memorial of John Hobby Esq having been Considered in this House The House are of opinion yt the Laws of the Province are Sufficient to determine any controversy with respect to any title of land lying wthin the Same and it being unpresidented for this House to take any Cognisance where the Title of land is determinable by the Courts of Common law within this Province, Therefore VotedThat the said Memorial be dismist - 9br 30th 1726

[Memorial of Samuel Waldo concerning some Masts alleged to have been Cut in Rochester, 1727.]

Province of New To the Honble John Wentworth Esq' L' Govr & Hampshire ss. S Commander in Cheif & the Honble the Councill

of the said Province

Samuel Waldo of Boston in the Province of the Massachusetts Bay Merch: Humbly Sheweth

That Ralph Gulston of London Merchant hath contracted with the Right Honble the Lords of ye Navy board to supply ye Royall Navy for ffive years now in being And yr Pet' hath ye Royall Licence pursuant for the cutting of White Pine Trees in the Province of New Hampshire, or elsewhere, by ye Procurement & for ye use of the said Ralph Gulston, and the sd Gulston understanding that one Hanson & Company having in the year 1725 within the Province of New Hampshire cutt down Thirty four White Pine Trees without the bounds of any Town now settled, but pretending the same to be in the Bounds of a certain Township called Rochester but not settled & whereof the Gov' of New Hampshire has reserved the White Pines for his Majestys Service, & this they have done without the Royall License, & against the form of a certain act of Parliament, made att a Session of

Parliament held att Westminster in the Eighth year of his present Majestys Reign, Intitled an act giveing further encouragement for ye Importation of Navall Stores, & for other purposes therein mentioned, & that there is Thirty Three Masts & Bowspritts from 22 to 35 Inches Diameter made from said Trees lying in Portsmouth within this Province, Whereupon the said Ralph Gulston Insisteth that by force of the Act of Parliament aforesaid all the said Masts & Bowspritts made from ye said Trees are forfeited, & ought to be siesed for the use of his said Majesty, & that I should do every thing therein proper both for ye Intrest of his Majesty & also to prevent his private damage who has made the Contract afores

Wherefore y Pet' in behalf of the said Ralph Gulston humbly Prays yo Hon's: & this Honble board that he may so farr obtain your Hon's ffavour and assistance, since the Deputy Surveyor of His Majtys Woods [Robert Armstrong] refuseth utterly to Intermeddle therein, as that by the order of this Honble Board the said Masts & Bowspritts may be seized as forfeited as aforesaid, as being cutt and gotten without the Royall Licence, against the Act of Parliamt aforesaid, & the Provision & Reservation of the Governt here, & that the Attorney Generall of this Province of New Hampshire may be directed to file an Information against them, att the adjournment of the Supr Court next, & purrsue the same to effect, & y' Hon's most humble Pet' as in duty bound &c.

Sa Waldo

[Endorsed] Province of N. Hamp Received the within Memorial from Mr. Richard Waldron this 7th Day of March 1726-7

[For legislative action, see Vol. IV., pp. 14, 15.

[The following are from copies obtained in London by the New Hampshire Historical Society, from copies transmitted by the provincial Governor. The editor has selected such portions as are not printed in Vol. IV. of this series. — ED.]

Prov: of N. Hamp At a Gen' Assem1adjt thursday Apr 25th 1728

Present His Hon' John Wentworth Esq' L' Govr