was Indicted for Rape and tryd for his life at another Term one Kenniston was Indicted for a Burglary and tryd for his life — at another Term two Persons were Indicted for the Burning a house at Dover in sd Province — at another Term four Persons were indicted for the Murder of one Abigail Dent and Two of them Tryed for their lives and at the same Term Two Negros were Indicted for Burglary, one of which had two Indictments against him at another Term Two Women were Indicted for the murder of their Bastard Children Tryd convicted and executed at another Term A Negro woman of Capt Sam' Banfill decd was tryd for her life for the murder of her bastard child That at another Term one Chapman was Tryed for passing counterfeit Money at another Term Paul Giles and Benjamin Gooch were Indicted for passing counterfeit paper Money and Gooch was tryd therefor at another Term Reuben Daniel and Benjamin Mathes were tryd for passing counterfeit paper money at another Term Salathael Denbo was Indicted for passing counterfeit paper Money (besides sundry others whose names your Memorialist can't call to mind) That Sundry of sd Trials were attended with much trouble and difficulty to your memorialist, Especially the Trials of the persons prosecuted for the murder of Abigail Dent which, with the Special Courts for convening and examining Evidences took up a week at least where your Memorialist was obliged to attend and of the two women that were executed, whose tryals before the Sup' Court took four days, besides several Special Courts for examining witnesses where your memorialist attended Tryals of Reuben Daniel and Benjamin Mathes also the That the fee by law taxed in such Cases is by no Means Equall to the burden and difficultys that attend them - Wherefore your Memorialist prays your Excellency and Honours to take this Memorial under your wise and candid consideration and allow your memorialist what may be thought reasonable for the aforesd services Feby 22d 1743 Matthew Livermore. In the House of Representatives ffeby 24th 1743/4 The within Memorial Read, and Unanimously Voted That in Answer thereto, There be paid the Said Matthew Livermore Esq' out of the Publick Treasury (out of the Money Laid in for Support of Governm1 & Contingencies &ca) the Sum of ten Pounds Proclamation. MoneyJames Jeffry Cler assm In Council July 27th 1744 the above Vote & read & Concurrd Eodm Die Assented to Thedore Atkinson Sey B Wentworth [3-121] [Receipt for an Indian Delivered to Colonel Willard.] July ye 27th 1744 Recd this Day of Capt Richard Jenneas & John Gage a Commitey of the a Sembley of the Province of New hampshir an Inden (old man) Neamed Massagunt Which I Promas to Carrey to fort Dummer on Conetuticuet [Connecticut] River & Deliver him to Corn" Willord for which Truble and Charge I have Recd Seventeen Pounds teen Shillings of Gorge Jaffery Esq' Trasurar for sd Province [3-121] pr John Spafford [Material for Fort William and Mary, 1744] Kittery July 16-1744 The Provence of New Hamshear To solt marsh for sods for ye fort Wm & Mary Containing betwen two & three acors to Lodging y men that Cut ye sods two weeaks & dresing vitels &c Dr 40. O. O 5. O. O 45. O. O Richd Cutt Ju In the House of Represent July the 28th 1744 voted/ That the above accompt be allowed and paid out of the Treasury, out of the Money for Repaire of Fort Wm & Mary the Sum of forty five pounds (old Tenour) James Jeffry Cler assm Theod Atkinson Sery B Wentworth [3-122] [Fort Account for Repairs, 1744.] 1744 Province of New Hampshire for Repairs of Fort William and Mary To His Excy Entertaining Com mittee &ca at ye Fort. £30,, 0,, 0 To Richa Colley & Robinson To John Jones's 2d Acco To Capt Jennes. Dr 6,, 0,, Accot 42,, 15,, Do I,, IO,, 62,, 13,, O To Jere Neal 93,, 8,, o To John Moffat Esq [Gov. William Shirley, of Massachusetts, to Gov. Benning Wentworth, 1744.] [The letters of Governor Shirley to Governor Wentworth are preserved in the "Belknap Papers" in the archives of the New Hampshire Historical Society. A portion of them were printed in Vols. V. and VI. of the Provincial Papers, and the remainder will be inserted in this volume. ED.] [Shirley to Wentworth.] [Belknap Papers, Vol. II., p. 192.] Boston Sept 25, 1744. Sir, I did not receive your favour of the th instant 'till the day before I set out with some of my family upon a small Tour to Bristol, wch is the reason yt I have had no opportunnity of answering it 'till now, wch I hope will not be too late for your purpose. As to the intended emission of £5500 in bills of Credit, tho' all the appropriations of it are exceedingly good, yet I think it would have been a very hazardous step for you to have consented to an act for that purpose so soon after the very great Indulgence of the Crown to your Assembly in permitting 'em to emit so large a sum as 25,000lb beyond what was limited by your former Instruction, without a suspending clause in it at least to prevent it's taking effect 'till you should receive his Maj'ys pleasure upon it: and if the assembly will not agree to an act with such a clause inserted in it, and the Governmt should be in absolute want of the bills of Credit I should think it safe for you, when the bill had pass'd both houses to transmit a copy of it home in order to obtain a new Instruction permitting you to supply the Treasury wth that further sum in bills, but yt it would not be advisable by any means to consent to the enacting of the bill without a suspending clause in it. The fund provided in the other vote for drawing in the 1500lb intended new emission is by no means a sufficient one, or more properly speaking it is no fund at all for sinking the new bills: and there is also another very essential fault in that vote: For the assembly thereby assume to themselves the power of erecting forts & garrisons in such manner as they think proper, whereas the disposition of that matter both as to the manner of building, the materials, the time, & place solely appertains to the Captain General, and the assembly have no right to intermeddle in it, after they have rais'd the money, any further than to appoint a Committee to receive & pay the money to workmen & in purchasing materials pursuant to the directions of the Kings Governour, I mean, after examining the workmen's accts themselves, & yt they may purchase materials of whom they please, & agree wth what workmen they please in the most frugal manner for the province, and to be accountable to the General Assembly for their disbursements and application of what they receive; in all wch the sole direction of the manner yt of building the fort or garrison rests on the Captain General, & the Oeconomy [?] part of making prices and agreemts wth workmen, artificers and tradesmen pursuant to his directions, and receiving & paying the money rests in the Committee; and this is the utmost length wch they ought to be permitted to go, and all beyond that is incroachment upon the Kings prerogative. At the request of the administrators of poor Capt" Prescot & for the sake of his family I now take the liberty, Sir, of mentioning a word concerning the Musquets & Bayonets lately belonging to his Company wch you have lay'd your hands upon for the use of the province, in wch case it really appears to me plain yt the admrs ought to be paid by your Governm for 'em or to have 'em returned; as to the property of the Muskets, by the express terms of the Royal Proclamation for encouraging men to enlist for the service of the Cuba Expedition, at the end of the Expedition they belong to the soldiers, so yt such of 'em as were alive at the end of that Expedition or their Representatives, if they are since dead, are intitled to demand so many muskets of Prescots admin's and as to the guns of such soldiers of the Company who dyed before the end of the Expedition, upon the best Information I can get, the Crown never demands an acct of 'em in such case of the Capt"; For as to the King the arms are sunk upon the distribution of 'em and the Captains are accountable to the Crown only during the keeping up of the Companies, and not after they are disbanded; and I really can't see upon what just grounds your Government can take the arms from the adm without paying for 'em. I am wth much respect & esteem, Sir Your Excellency's most obedient Humble servant His Excy Govr Wentworth. [See Vol. V., p. 257. — ED.] [Shirley to Wentworth.] [Belknap Papers, Vol. II., p. 193.] W. Shirley Sir, I have but one moment's time to acknowledge the favour of yours wth my packet for wch I am extremely obliged, as also for your care of my box I wish you a good Deliverance of Whitefield and a safe arrival of the Gunpowder from the Board of Ordnance, and am wth great respect Your Excellency's most obedient humble servant Our Friend Mr Belcher I hear is upon the point of Marriage to a Widow wth 6000. His Excy Gov' Wentworth. [Shirley to Wentworth.] [Belknap Papers, Vol. II., p. 199.] Boston Jan 1, 1744 [1745 N. S.] Sir, Upon receiving your last favour I ordered the Secretary forthwith to make out the proper warrants for you & your Deputies, as Surveyor of his Maj'ys Woods, within the late province of Maine; But he informs me it is necessary yt y' Commission should be first |