the best of his Remembrance he was at Wentworths ferry so Called on Connecticutt River, And Ensign Joseph Swett had a horse there under the Care of Ensign Berry And this Deponent well Knows that Majr Sam' Gerrish Borrow'd said Horse of said Ensign Berry in Order to go and Bring one Jeremiah Davis belonging to Captt Tiltons Company who was unable to travail Down to Connecticutt River: and said Horse was Sent for to bring said Davis But the Horse was lost in that business And Could not be found while this Deponent tarried there or Since that he has heard of But Was looked upon by all that were there to be Wholly lost timothy Blake ju New vince of May 26, 1761 Then Timothy Blake ju' made Sol emn Oath to the truth of the Above Deposition by him Subscribed Before Meshech Weare Juse of Pea [Endorsed] Voted dissmissed June 18, 1761. [5-58] [Petition of Ephraim Wentworth for allowance for gun and clothes lost by his son Grant, and for expenses of his son's sickness. Allowed five pounds, eleven shillings, and one penny sterling, May 28, 1761. — ED.] [5-59] [Petition of Samuel Hobart.] To his Excellency Benning Wentworth Esq' Captain Gen" Commander in chief in & Over his Majestys Province of New Hampshire, The Hon" his Majestys Council, and House of Representatives The Petition of Samuel Hobart humbly shewth That your petitioner was in this Province service in the year 1759 purchas'd himself a horse to carry his necessary baggage to the army, & upon the march lost him, & towards the close of the Campaign, your petitioner was taken sick at Oswego when the Regt was discharg'd, they brot him to Albany where they left him Incapable of helping himself by reason of sickness, after your petitioner recruited so as he was able to ride. tho't it best to buy a horse which he did, and proceeded homewards, was not able to ride more than Eight or nine miles in a Day, coming thro' the green woods, your petitioner mist his way, mir'd his horse, & was oblig'd to leave, & Finally lost him, not being able to Travil was obligd to hire a man & horse to bring him to his own house and was sick three months after he came home Wherefore your petitioner humbly prayeth your Excy and Honours would grant him something for his Loses and Necessary Charges & Expences, and he, as in duty bound shall ever pray — Samuel Hobart In the house of Representatives May 29th, 1761 New Hamps This petition being Read Voted That there be Allowed & paid to Mr Sam1 Hubbert or his order two pounds four Shillings & Tenpence Sterlg out of mony In the Treasury for the Last years Expedition & be In full of said petition 445/10d In Council June 2d 1761 read & Concurrd Consented to [5-60] A Clarkson Clerk Theodore Atkinson Sect [Petition of Hezekiah Ward, of New York, Goffe's regiment, asking that the sum of £76. 5. from deserters be paid him by the Province. 1761. — ED.] [5-62] [Petition of Mast Contractors.] B Wentworth sutler to Colonel 2 sterling due him Granted June 2, Province of To his Excellency Benning Wentworth Esq' New Hampshire Governour of sd Province - the Honourable his Majesties council and assembly of the same in general court assembled Portsmouth The Petition of the subscribers Humbly sheweth That some of us have for several years past & are now under contract to furnish masts yards & Bowspritts towards supplying his majesties Navy & others of us Employed & Interested in the sd service that we have met with great losses from Time to Time in endeavouring to transport ye same down merrimack River by reason of the several Falls & Rocks which render ye sd Transportation both costly & hazardous that it would be, as we Apprehend of great & general advantage not only to ourselves but the Publick that the complained of obstructions might be removed towards Effecting which several of us have done considerable by blowing away part of some of the most prejudicial Rocks but for want of further Ability we have been forced to desist & leave ye matter but barely attempted & far from being prosecuted to a sufficient degree to Answer ye End For remedy whereof we Humbly pray that a Lottery may be Authorized by this government under ye direction & management of such persons & subject to such regulations as your Excellency & Honours shall see meet to appoint & that a moderate proportion of ye moneys the several Tickets may sell for may be appropriated & applied to the sd Purpose & your Petitioners as in Duty bound shall ever pray Peter Coffin Jeremiah Eastman Willm McIlvaine Ebene Hall Richard Hasseltin Joseph Hall Moses Merrill Samuel Martaine William Peters John Martain Thomas Saltmarsh John Webster John merrill Dainel foster Joseph Easman Ezra Carter Jeremiah Stickney John Fife David Evens Benjamin Easman Thomes Easmen Timothy walker [Endorsed] Voted dissmissed June 18th 1761 – [5-63] [Bill for Victualing Soldiers at Sudbury in 1757.] Those men whose names are under writen Eat at the house of Mr Jona: Rice, Inholder in Sudbury on their return from Fort Willim Henery after it was in the frenches Possession in August 1757 Robert Drout Mark Laton Samuel Darlen Joseph Wormwood To Colo Goufes Regiment in Capt Jacob Baleys Compeny. Hezeciah Swain Samuel Hardy Daniel Darlin John Darrlin In Colo: Goufe's Regiment in Capt Richard Emerys Comp: To Mag': Gillman by Rebecah Rice Book keepr [Endorsed] Robert Rice acc't-ordered to lay June 19th 1761 [The men were charged for "one meal o. o. 6" each. - ED.] [5-64] [Instructions to Governor Wentworth.] Instructions from King George 3d to Benning Wentworth Gov' of New Hampshire. - Dated June 30th 1761. 1. To take upon him the Government & call together the Council, vizt Theodore Atkinson, Richard Wibird, Sam' Smith, John Downing, Sampson Sheaff, Daniel Warner, James Newmarsh, Mark Hunking Wentworth, James Nevin, William Temple, John Nelson, and Henry Apthorp Esqr 2. The Govrs Commission to be published and he and the Council to take the Oaths, & subscribe the Declaration. 3. The Gov' to administer (or cause it to be done) the Oaths to all Members & Officers of Council & Assembly, Judges, & all Persons holding Places of Trust or Profit, & cause them to make & subscribe the Declaration :- without which they are not to be admitted into any public office. 4.The Gov' to communicate to Council such of these Instructions wherein their Advice & Consent are mentioned to be requisite, "as likewise all such others from time to time as you shall find convenient for our Service to be imparted unto them." 5. Council to have Freedom of Debate. — 6. Though three of the Council are mentioned in the Commission to be a Quorum, the Gov' is not to act with less than five except upon extraordinary Emergencies. 7. A Vacancy happening in Council the Gov' is to transmit to the Commissioners for Trade the Names of three Inhabitants of the Province "whom you shall esteem the best Qualified for that Trust.' 8. When the Gov' supplies any Vacancies in Council (as his Commission allows) he is to send their Names & Qualities to the Commiss's for Trade, to be laid before the King. 9. In the Choice & Nomination of all Officers "you are always to take Care that they be men of good Life, well affected to our Government, & of Abilities suitable to their Employment." 10. The Gov' not to augment or diminish the Number of the Council; not to suspend any Members without good Cause & the Consent of the Majority of Council, signified in Council, after due Examination;-in Case of Suspension, the Gov's Reasons for it, the Charges & Proofs, & the Counsellor's Answers, to be entered in the Council Books; & Copies transmitted to be laid before the King. But if the Govt has Reasons for suspending a Counsellor, "not fit to be communicated to the Council" he may suspend him "without their Consent," sending the Commiss' for Trade an Accot of it, with his Reasons, to be laid before the King. 66 II. Any Member of Council absenting himself from the Province for more than a Twelvemonth, without Leave from the Gov' under his hand & Seal; — or remaining absent two years without Leave under our Royal Sign Manual," his Place shall thereupon become void. If he absents himself from Council without just Cause, after being summoned & persists in it after Admonition, the Gov may suspend him. 12. "You shall take Care that the Members of the Assembly be elected only by Freeholders, as being more agreeable to the Custom of this Kingdom, to which you are as near as may be to conform yourself in all Particulars." 13. Salaries of Members of Assembly to be reduced to such a moderate Proportion as may be no Grievance to the Country. — 14. A Letter of Summons to a Counsellor, signed by the Gov' or Secretary, to be as binding as a Writ is in common Cases; & if they neglect to comply with it, except only in Times of General Assembly, then to be liable to the ordinary Forms of common Process. 15. No Protection from Arrests allowed to a Member of Assembly further than in his Person, and that only during the Session of the Assembly; & the Assembly not to adjourn themselves, except de die in diem, without Leave from the Gov 66 16. You are to observe in the passing of all Laws that the Style of enacting the same be by the Governor Council & Assembly; You are also as much as possible to observe in the passing of all Laws, that whatever may be requisite upon each different Matter be accordingly provided for by a different Law, without intermixing in one & the same Act such Things as have no proper Relation to each other; and you are more especially to take Care, that no Clause or Clauses be inserted in or annexed to any Act which shall be foreign to what the Title of such respective Act imports; and that no perpetual |