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such offences, tines and forfeitures before or after sentence given —
Treason and wilful murder only excepted — in which Causes you
shall likewise have power, upon extraordinary occasions, to grant
reprieves to the offenders therein, until and to the intent Our
pleasure may be known therein ; and we do hereby give and grant
unto you, the said Samuel Allen, by yourself, your Captains and
Commanders by you to be authorized to levy, arm, muster, com-
mand or employ all joersons whatsoever residing within Our said
Province of New-Hampshire as occasion shall serve, to transfer
from one place to another for the resisting and withstanding of all
enemies, Pii'ates and Rebels, both at Land and Sea; and we do
hereby give and grant unto yoa full power and authoritj'^, by and
with the advice and consent of our said Council, to erect, raise
and build, in our said Province, such and so many Forts and Plat-
forms, Castles, Cities and burroughs. Towns and Fortifications as,
by the advice aforesaid, shall be judged necessary; and the same
or any of them to fortify and furnish with Ordnance, ammunition,
and all sorts of arms fit and necessary for the security and defence
of our said Province; and, by the advice aforesaid, the same
again or any of them to demolish or dismantle, as may be most

We do hereby give and grant unto you, the said Samuel Allen,
full iDower and Authority to ei'ect one or more Courts, or Courts of
Admiral, within our said Province, for the hearing and determining
all mai'ine and other Causes and matters proper to be heard therein,
with all reasonable and necessary jjowers, authorities, fees and
jn'ivileges, as also to exercise all powers belonging to the place and
office of Vice-Admiral of and in all the Seas and Coasts belong-


iu^ to your fJovciiuiu-nl, nccording to such commission, autliority
aiid iiislniclious as you sliiill receive from Us, under the Seal of
Our AdiuiraUy, or from Our Ilij;li Admiral or Conunissioners lor
Exeeulin^- the oftice of our Lord High Admiral of Our Foreign lM:in-
tations for (he time beiug. And Ave do hereby give unto you lull
power to appoint Fairs, Marts, and Markets within Our said Frov-
ince, as you, with the advice of our said Council, shall think tit,
and to order and appoint such and so many Ports, Harbors, IJajs,
Havens and other ])laces, for the Convenience and Security of
Shipping, and for the better loading and unloading of goods and
merchandises in such and so many places as by you, with the
advice and Consent of our said Council, shall be thought lit and
convenient, and in them or any of them to ^rect, nominate and
appoint Custom Houses, Ware-Houses and officers relating
thereunto, aiul them to alter. Change, place or displace, from
time to time, as with the advice aforesaid, shall be thought lit.
And we do hereby require and connnand all officers and min-
isters, civil and military, and all other inhabitants of our said
Province to be obedient, aiding and assisting unto you, the said
Sanuxel Allen, in the Execution of this our Commission, and of the
powers and authorities therein contained; and in case of your
death or absence out of the said Province, unto our trusty and
well beloved John Usher, Esq, our Leftenant Governor, or to the
Connnander-in-Chief of our said Province, for the time being, to
whom we do therefore, by these presents, give and grant all and
singular, the powers and authorities aforesaid to be executed and
enjoyed by them respectively during our pleasure, or until your
arrival Avithin Our said Province. And if upon such death or
absence there be no person upon the place comniissionated by us
to be CommandeiMU-Chief, our will and pleasure is, that the then
present Council of New Hampshire do take upon them the admin-
istration of the Government, and to execute this Connnission of
the several pOAvers and autlMU'ities herein Contained, and that such
Councillor who shall be at the time of your death residing within
Our said Province of New Hampshire, and nominated in Our
Instructions to you before any other at that time residing there, do
preside to Our said Council, with such powers and Pre-eminences
as any former President hath used and enjoyed within Our said
Province, until Our pleasure shall be known therein or your arrival
as aforesaid.

Lastly. AYe do hereby ordain and appoint that you, the said
Samuel Allen, shall and may hold and execute and enjoy the
Office and place of Our Governor and Commander-in-Chief in and


over our Province and Plantation of New Hampshire, together
with all and singular the powers and authorities hereby granted
unto you for and during our Pleasure. Provided always, that
notliing herein contained shall be taken or construed to derogate
from or to alter or diminish any tlie powers or authorities granted
by Our Commission under the Great Seal of England, bearing date
the twelfth day of December last to our trusty and well beloved
Sir William Phipps, Knt. or to our Leftenant Governor of our
pi'oviuce of the Massachusetts Bay in reference to the Militia and
the forts and places of strength within Our said province of Xew
Hampshire, so as nevertheless that neither the said Sir William
Phipps nor our said Leftenant Governor shall take upon him and
themselves to suspoiid any officer appointed by us or you in pur-
suance of this our Commission to any Commander in the militia or
Government of any forts or places of strength within our said
Province, except for misbehavior in which case he or they may
proceed to suspend or displace any such officer giving us a speedy
account of his or their joroceedings therein.

In Witness whereof we have caused these our Letters to be
made Patents : Witness ourselves at Westminster the iii'st day of
March, in the fourth year of our Reigne.

Per Breve de Private Sigillo, Dupt.


1692.] GOV. Allen's instructions. 63

Governor Alleri's Instructions.

[From a copy in Secretary's office. J
Makie E.

Instructions for our trusty and tretl-beloved Samuel Allen, Esq.,
Our Governor and Commander-in-Chief, in and over Our
Province of New Hampshire, within Our Dominion of JVew
England, in America, and in his absence, to the Commander-in-
Chief of our said Province for the time being:

"With these instructions, you will receive Our Commission under
Our Great Seal of England, constituting you Our Governor and
Commander-in-Chief of all that i^art of Our Province of New
Hampsjiire, witliin Our Dominion of New England, in Amenca,
lying and extending itself from three miles northward of Merri-
mack River, or any other part thereof, unto the Province of Maine,
with the South part of the Isle of Shoals ; where, being arrived,
you arc forthwith to call together the members of Our Council
for that Our Province, by name, John Usher, Esq., Our Lieuten-
ant-Governor of Our said Province ; John Hinks, Nathaniel Fryer,
Thomas Grafford, Peter Coffin, Henry Green, Robert Elliot,
John Gerrish, John Walford, and John Low, Esqrs ; at which
meeting, after having published, in the usual manner Our said
Commission Constituting you Our Governor and Commander-in-
Chief of Our said Province, you shall take yourself, and also ad-
minister unto each of the members of Our said Council as well the
Oaths appointed by Act of Parliment to be taken instead of the
Oaths of Allegiance and Supremacy as the Test, and the Oath for
the due execution of their places and trust. And you are to com-
municate unto Our said Council, from time to time, such and so
many of Our Instructions as you shall find convenient for our ser-
vice to be promulgated unto them.

Our Will and Pleasure is, that the members of Our Council shall
and may have and enjoy freedom of debate and freedom in all
things to be debated of in the Council ; and although, by Our
Connnission aforesaid, we have thought fit to direct that any three
of Our Council make a (Quorum, it is, nevertheless, our will and
pleasure that you do not act with a Quorum of less than five mem-
bers, except upon extraordinary emergencies.

And that We may be always informed of the names and charac-
ters of persons fit to supply tlie vacancies of Our said Council, you
arc to transmit unto us by one of our principal Secretaries of


State, and to the Lords of Our Privy Council appointed a Commit-
tee of Trade and Plantations, with all convenient speed the names
and characters of six persons, inhabitants of Our said Province,
whom you shall esteem the best qualified to succeed in that, and
so, from time to time, when any of them shall die, de^jart out of
that Our said Province, or become other ways unfit, you are to
nominate so many other persons to us in their stead.

And in the choice and nomination of members of Our said Coun-
cil, as also of the principal Officers, Judges, Assistants, Justices and
Sheriffs, you are Always to take care that they be men of Estate
and ability, and not necessitous people, or much in debt, and that
they be persons well aflected to our Government. You are not to
suspend the members of Our Council Without good and sufficient
cause, and in case of suspension of any of them You are forthwith
to transmit unto us, as aforesaid, and to Our Committee for Trade
and Plantations, your reasons for so doing, together with the
charges and Proofs against the said persons, and their answer
thereunto. You are, from time to time, to send unto us and to
Our said Committee, the names and qualities of any members, by
you put into Our said Council by the first conveniency after your
so doing. You are to transmit autlieiitic copies, under the Public
Seal, of all Laws, Statutes and Ordinances, now in force, or which
at any time shall be made and enacted within Our said Province,
unto us, and Our Committee aforesaid and foreign Plantations,
wathin three months, or sooner after their being enacted, together
with all Duplicates thereof, by the next conveyance, on pain of our
highest displeasure, and the forfeiture of that your salary, wherein
you shall at any time, upon an j^ pretence whatsoever, omit to send
over the said Laws and Ordinances aforesaid, within the time
above limited.

You shall take care that the members of the Assembly be elected
only by freeholders, as being most agreeable to the custom of Eng-
land, to which you are, as wear as may be, to conform yourself.
And you shall reduce the Salary of the members of the Assembly
to such a moderate proportion as may be no grievance to the
country; wherein, nevertheless, you are to use your discretion, so
that no inconveniency may arise thereby.

You are to take care that no man's life, member, freehold, or
goods, be taken away or harmed in Our said Province, but by
Established and Known Laws, not repugnant to, but, as much as
may be, conformable to the Laws of our Kingdom of England.

You shall administer or cause to be administei'ed the Oaths
appointed by Act of Parliment to be taken instead of the Oath of


Allegiance and Supremacy, as also the test, unto the monilxTs nnd
olHccrs of Our Council and Assembly, all Judges and Justices, and
all oilier persons that hold any ofRce in Our said Proviiu-e by vir-
tue of any Patent under our great Seal of New-IIampshirc; and
you arc to permit liberty of conscience to all persons except
Papists, so there be a quiet and peaceable enjoyment of it, not giv-
ing of scandal to the Government. You are not to pass any Act
within that Our Province, in any case, for Levying nionoy and
inllicting lines and penalties, whereby the same shall not bo
reserved to Us for the I'ublic use, as by the said Act or order shall
be directed. And We do particularly require that no money or
value of money whatsoever be given or granted by any act or
order of Assembly to any Governor, Lieut. Governor or Command-
er-in-Chief of our said Province, that shall not, according to the
style of Acts of Parliment in England, be mentioned to be given
and granted unto us, with the humble desire of siich Assembly
that the same be applied to the behoof of such Governor, Lieuten-
ant-Governor or Commander-in-Chief, if We shall so think fit, or
if AVe shall approve of such gift or application that the said money
or value of money be then disposed and appropriated to snch other
cases as, in the said Act or order, shall be mentioned; and that
from the time the same shall be raised it remain in the hand of the
Receiver of that Our Province, until Oiir Royal Pleasure shall be
known therein. Our will and pleasure is that all Public nioneys,
raised or to be raised within Our said Province of New-Hampshire,
for the care and support of the Government there be issued out by
Warrant from you by and with the advice and consent of the Coun-
cil and not otherwise. You are from time to time to permit the
Assembly to view and examine Accounts of money or value of
money disposed of by virtue of such Laws as ai-e now in force, or
shall be passed by them, which you are to signify unto them as
occasion shall serve.

Our express Will and Pleasure is that all Laws whatsoever for
the good Government and support of Our said Province be made
inditterent and without limitation of time, except the same be for
a temporary end, and which shall expire and have its full eflfect
within a certain time. And therefore jou sliall not re-enact any
law which shall once be enacted by you, except upon very urgent
occasions, But in no case without Our express consent. You shall
not remit any fines or forfeitures Avhatsoever above the sum of
ten pounds bcfoi'c or after sentence given, nor dispose of any fines
or forfeitures until after signifying unto Our Committee of Trade
and Plantations and to the Commissioner of Our Trcasur}' for the


time being, the nature of such oflcnce or occasion of such fines,
forfeitures or Esclieats, with the particular sums you shall have
received our direction therein. But you may, in the mean time,
suspend the payment of the said fines and forfeitures. You shall
not permit any Act or order to pass within Our said Province
whereby the i^rice or value of current money within your Govern-
ment may be altered without Our particular leave or direction
therein ; and you are particularly not to pass any Law or do any
Act, by grant, settlement or otherwise whereby our Revenue may
be lessened and impaired without Our especial leave or command
therein. You are to require the Secretary of Our Province, or his
Deputy for the time being, to provide Transcripts of all such Acts
and Public Orders as shall be made from time to time, together
with a copy of the Journal of the Council, to the end the same
may be transmitted unto Us, as above directed, which he is duly
to perform upon pain of incurring the forfeiture of his place. You
shall not displace any of the Judges, Justices, Shirrifls or other otfi-
cers or ministers within Our said Province Avithout good and sutfi-
cient cause, to be signified unto Us and our Committee of Planta-
tions ; nor shall you execute yourself or by Deputy, or any of the
said oflicers, nor sufier any person to execute more offices than one
by a Deputy. You shall not erect any Court or oflSce of Judica-
ture, not before erected or established, without Our especial Order,
And you are to transmit to Us, with all convenient speed, a par-
ticular Account of all establishments of Jurisdictions, Courts, Offi-
ces and Officers, powers, authorities, fees and j)rivileges granted or
settled within Our said Province, to the end you may receive Our
especial direction therein. You shall likewise take a special care,
witJi the advice and consent of Our said Council, to regulate all
salaries and fees belonging to i^laces or paid upon emergencies,
that they be within the bounds of moderation, and that no exac-
tion be made upon anj" occasion whatsoever. You are to take
cai'e that drunkenness and debauchery, swearing and blasphemy,
be severely punished, and that none be admitted to public trust
and employment whose ill fame and conversation may bring scan-
dal thereupon. You shall take care that all Planters and Christian
Servants, be well and fitly provided with arms, and that they
be listed under officers; and when and as often as you shall think
fit, mustered and trained, whereby they may be in a better readi-
ness for the defence of Our said Province under your Government.
You are to take especial care that neither the fi-equency or rea-
sonableness of remote marches, musters and Trainings be unne-
cessary impediments to the Aflairs of the Planters. In case of


distress of any Our Plantations you sliall, upon application of the
respective Governor to you, assist them with what aid the comlitiun
and safety of your Government will require. You shall cause a
survey to be taken of all the considerable places and Ilarboi-s iu
Our said I'rovince, and, Avith the advice of Council, erect iu any
of them su(!h fortification as shall be necessary for the security
and advantage of our Province, which shall he done at the Public
charge of the Country, not doubting of your full concurrence of
the Inhabitants thenmuto from the common security and benefit
they receive thereby.

You shall take an Inventory of all arms, ammunition and stores
remaining in any of Our magazines or Garrisons in Our said
Province, and send an account yearly of them to Us by one of Our
principal Secretaries of State unto Our Committee of Trade and
Plantations. You are to take especial care that fit Store-houses
be settled throughout Our Province for receiving and keeping of
arms, ammunition, and other public Stores, that We may be the
better informed of the Trade of our said Province. You are to
take care that due entries be made, in all Ports, of all goods and
commodities imported or exported from thence ; And from and
to what places they come and go, and that a yearly account thereof
be transmitted by you unto Us by one of Our principal Secretaries
of State, and to our Committee for Trade and Plantations. You
are to suppress the engrossing of commodities, and to settle such
orders and regulations therein, with the advice of Our Council,
as maybe most acceptable to the inhabitants. You are to give all
due encouragement and invitations to merchants and otliers who
shall bring trade unto Our said Province, or any ways contribute
to their advantage, and in particular to the Roj'al African Com-
pany. And you are to take care that there be no trading from
New Hampshire to any place in Africa within the charter of the
Royal African Company. And you are not to suffer any shii)s to
be sent thither without our leave and authority.

You are carefully to observe all the xirticles contained iu the
Treaty for the composing of difterences and the establishing of
Peace in America, concluded at Madrid the 8"' day of July, 1670,
with the Crown of Si)ain; and in case any private Injury or dam-
age shall be oflered or done to any of our subjects in those parts,
by any of the subjects of the King of Spain, or of any other
Prince or State in Amity witli Us, you shall take care to give Us
an account with all convenient speed by one of Our Principal
Secretaries of State, and to our Committee for Trade and Planta-
tions, and not to permit or encourage reparations to be sought in


any other way than what is dh-ected and agreed in the said Arti-
cles of Madrid, and otlier treaties ; and you are particularly not
to grant commissions of War, or reprisals against any Prince or
State, or their subjects in Amity witli Us, to any person whatso-
ever without Our especial Command.

You are not to admit or allow of any Appeals what soever to be
made from the Governor and Council unto the Assembly, but
whereas We judge it absolutely necessary that all Our subjects
may have liberty to appeal unto Us in cases that may deserve the
same, Our will and pleasure is, that if either parties shall not
rest satisfied with the Judgment and sentence of Our Governor or
Commander-in-Chief and Council, they may then appeal unto Us
in Our Privy Council ; Provided, the matter in difference exceed
the real value or sum of one hundred pounds sterling, and that
such appeal be made within one fortnight after sentence, and secu-
rity first given by the Appellant to answer such charges as shall be
awarded in case the sentence of our Governor or Commander-in-
Chief and Council be confirmed; livovided, also, that execution
be not suspended by i-eason of any such appeal unto Us. And
inasmuch as it may not be fit the appeals be so frequently and for
so small a value brought unto Our Governor and Council, you
shall therefore, with the advice of the Council, propose a law to
be passed wherein the method aiid limitation of Api^eals unto Our
Governor and Council may be settled and restrained in such man-
ner as shall be found convenient and easy to our Subjects in our
said Province. You shall endeavor to get a Law passed for tlie
restraining of inhuman severities which hy ill masters or overseers
xaixx be used towards their Christian Servants or Slaves, and that
provision be made therein that the willful killing of Indians and
Negroes be punished with death, and that a penalty be imi)Osed
for the maiming of them. You are also, with the assistance of
your Council and Assembly, to find out the best means to facili-
tate and encourage the conversion of Negroes and Indians to the
Christian Religion. You are to recommend to Our Council and
Assembly the raising a stock and building of Public work-houses
in convenient places for the imploying of poor and indigent people.

And forasmuch as great inconveniences may arise by reason of
the liberty of Printing within Our Province of New Hampshire,
you are to provide by all necessary orders, that no person use any
Press for Pi-inting i;pon any occasion what soever withoiit your
special Licences first Obtained. Lastly : — If any thing shall hap-
pen that may be of advantage or to Our said Province
wliich is not herein or by our Commission for, We do hereby

1692.] GOV. Allen's instructions. 69

autlioi'i/.o and direct you Avith the advice and consent of Our
Council to lake order for the present therein given by one of Our
princii)al Secretaries of State, and tlic Lords of Our Privy Coun-
cil, api)()inted a Committee for Trade and foreign Plantations
speedy advice thereof, and of all your proceedings and the condi-
tion of affairs within your Government for our information and
direction, provided always you do not by color of any Power or
Authority hereby given you, commence or declare War without
Our Knowledge or Command tlierein, except it be against Indians
iil^on emergencies, wherein the Consent of Our Council shall be
had, and speedy notice thereof given unto Us.

Given at Our Court at Kensington, the seventh day of March
169i, in the fourth year of Our Reign.

By His Majesties Command.






Note by the Editor.
[The following " Mikutes of Council," with other papers were copied,
chiefly, from a MS. volume in the office of Secretary of State, labelled " Prov-
ince Records, Book II., Council 1692-1700." A portion also, as will be
seen, was copied from MS. volume, " Book I." No other record of the
Council's proceedings, from August 13, 1692, to November 3, 1696, can
be found. These " Minutes " appear to be original or first notes taken by the
clerk of Council, and are generally without signature. They embrace nearly
the whole period of Lieut.-Governor John Usher's administration. The
letters and speeches of Mr. Usher, herein contained, are usually in his own
handwriting, and are singularly characteristic of the man.* ]

* "John Usher was a native of Boston, and by profession a stationer. He was
possessed of a handsome fortune, and liad been emjiloyed, wlien in England, by Jlas-
sachusetts, to negotiate the purchase of the Province of Maine from the heirs of Sir
Ferdinando Gorges. He thus acquired a taste for land speculations; became oueof the
partners of the million purchase [see Farm. Belk., p. IIG], and had sanguine expecta-
tions of gain from that quarter. On the consolidation of the Kew-England Provinces in
1685 [see vol. i. pp. 590-593], he accepted ofRce under Dudley, and next under Andros,
whose downfall he subsequently shared. He thereupon proceeded to England with his
complaints; and Samuel Allen, a London merchant, having purchased, soon after,

Online LibraryNew Hampshire[Provincial and state papers] (Volume 2) → online text (page 7 of 62)