Thursday, May the 1st, A. D. 1735.

Mr. Secretary and Theodore Atkinson, Esq. was sent to qualifie those members that did not appear yesterday, excepting Mr. Joshua Pierce, jr. After the members had taken their proper Oaths, &c. they return'd

Eodm Die. A Mess from his Excelly by Theodore Atkinson, Esq. viz. That his Excell directed the house to make choice of a Speaker, and then return'd.

Some of the members rose up and gave their opinion that the house ought not to proceed to the choice of a Speaker, till all the members return'd & were present, was Quallified according to Law.

Then the Triennial Act was read.

Then the Members that was Quallified, directed the Clerk to put the question, Whether it was not proper to send a Mess to desier his Excellency that Mr. Joshua Pierce may be qualified as a member before the House proceed to the choice of a Speaker-which was done. It was past in the affirmative.

Paul Gerrish, Andrew Wiggin, Esqs. and Capt. Icabod Roby went up with a Mess accordingly.

Eod Die. Mr. Secretary & Theodore Atkinson Esq. came with a Message to know to whom the last Message was directed to.

They were answered by the members that were Quallified, to his Excelly and the Council, or to that part whose business was to receive it.

[P. 435.] A message pr Mr. Secretary that if the House had any Mess to send to his Excell' It should in writing.

The Members that were Quallified sent a Mess to his Excelly that they insist on their Priviledges and do desier your Excelly to direct that Mr. Joshua Pierce may be Quallified (the House being informed by the Sherif) that he was legally return'd for New Castle, and until that be done, the Members decline to go upon any Business-Sent up not sign'd

P. M. A Mess pr. Mr. Secretary, viz. That his Excell' directed the House Imediately to make choice of a Speaker & present him.

Mr. Secretary came with another Mess viz. That there was some mistake about the Mess sent up in the morningand that the Mess sent his Excelly tooke no notice of being a Blank, and that his Excelly Directed the House to make

choice of a Speaker. A Mess sent to his Excell", viz. That they were directed by the House to inform to inform his Excell, That the House still continues of oppinion, that they can't without giving up their Priviledges go upon any business till all the members present are quallified that are legally return'd and are present.

Mr. Secretary came down and by command of his Excell adjourn'd the Assembly to the 2a currant.

Friday, May the 2a A. D. 1735.

Mr. Secretary bro't down a Written Message from his Excelly & read it as follows, viz.

Gen't of the House of Representatives.

I have considered the Mess" you sent me yesterday and have ordered the Secy to read you that clause of the King's Comiss" to me which I apprehend gives me the Power of Judging who are duly elected and who are not, to be Representatives in order to my giving directions for administering the Oaths to such as are returned for the several Towns. I am far from having any inclination to invade the least Priviledge of your House, yet it is my Duty to support his Majties Authority and I hope upon your considering what I now communicate, you will proceed to the choice of your Speaker & give the best dispatch you can to the affairs of this Sessions. May 2, 1735.

J. BELCHER.

[P. 436.] Then the Secretary laid the above on the Table and read the Parragraph of his Excell's Comiss" referr❜d to and carryed it up with him.

The house sent up a Mess to his Excell desiering a Coppy of the Parragraph read in the house. Mr. Secretary bro't down the Paragraph and left it, which was read in the House and is as followeth, viz.

"And we do hereby give and grant unto you full power and authority with the advice and consent of your said Council from time to time & as need require to summon and call Gen" Assemblys of the said Freeholders & Planters within yor Government in manner and form according to the usage of our Province of New Hampshire-And our Will & pleasure is that the Persons thereupon duly elected by the Major part of the freeholders of the Respective Counties and places and so return'd shall before their sitting take the Oaths appointed to be taken by the said Act, entitled, An Act for the further security of his Majties P'son and Goverm1 and the succession of the Crown in the heirs of the late Princess Sophia being Protestants, and for extinguishing the hopes of the Pretended Prince of Wales and his open and secret abettors, as also make & Subscribe the fore-mentioned Declaration, which Oaths and Declaration you shall comissionate fitt Persons

under our Seale of New hampshire to tender and administer to them, & untill the same be so taken and subscribed, no person shall be capable of sitting tho' elected, and we do hereby declare that the Persons so elected & Quallified shall be called and deemed the Gen" Assembly of that our said Province and Plantation."

A Message sent to his Excell, viz.

May it Please your Excellency,

The House of Representatives have considered your written Message sent down this day and also the Parragraph in your Excellys Comiss therein referred to-and upon the whole can not but continue of the Same opinion in as much as your Excelly is thereby referred to the usage and customs of the Province, which has alwayes been to administer the Oaths to such as are return'd by the Sherrif, and [P. 437] for the House of Representatives to judge of the due or undue Elections of any of the Members upon complaint made to them, and if your Excelly's Comiss" or the Law was silent in this matter, it is no more than Reason itself requirs.

For if the Gover for the time being hath authority upon pretence of undue Elections to prevent any member from acting in the House, it would be a power in a manner equal to that of choosing the Assembly himself. Upon the whole, we humbly pray your Excell to reconsider the matter and in as much as you have declared yourself farr from inclining to invade any priviledge of this House, and as the King himself (as far as we can learn) never pretended to examine the due or undue Elections of the Members of Parliament, We hope your Excelly will be of opinion that no such power was design'd to be conveyed to your Excelly by that Paragraph and that you will accordingly order the Representative for New Castle to be qualified, that the House may proceed to business, which they would have done before now, according to your Excellys direction, if they could have done it without giving up the Rights and priviledges of the People they represent. Sign'd in the behalfe & by direction of the Rest of the Members. May 2d, 1735. Paul Gerrish.

While the above Mess was writing, Mr. Secretary came with a Mess viz. That his Excelly was of opinion that the House might make choice of a Cler. or any Member might signe in behalfe of the Rest. Then the above was sent up.

Post Meridiem

Mr. Secretary Bro't down a Written Messa which was read, & to be left if desired. The Members said it might be carried back.

Then Mr. Secretary and Theo. Atkinson, Esq. came and administered the proper oaths to Mr. Joshua Pierce and he took his place accordingly. A message from his Excell directing the House to make choice of a Speaker.

By balloting Andrew Wiggin, Esq. was chosen Speaker. A Mess sent to his Excell by four members to signify to him that [P. 438] Andrew Wiggin, Esq. was chosen Speaker.

Mr. Sec' came with a Messa viz. That his Excelly required the attendance of the Speaker and the House in the Council Chamber. Mr. Speaker and the House went up accordingly. His Excelly made a Speech. Mr. Speaker obtain❜d a Coppy & then with the House return'd. Then the House made choice of James Jeffry for their Clerk and he was sworn accordingly. The Rules of the House read, voted, accepted. Then the House adjourn'd to May 3a currt.

Saturday, May 3a A. D. 1735.

His Excell Speech was read as follows, viz. Gen't of the Council

& House of Representatives

The last accounts by the ships from Great Brittaine leave us still at a great uncertainty with respect to the War & comotions in Europe, and time alone must discover how the present Ruptures may affect his Majties Kingdoms at home and his Plantations in America: Yet I think in duty to the King, as well as from a tender regard to this Province I am obliged to say, it will be a point of wisdom in you to repair Fort William and Mary, and to put it into a good posture of defence, and you cannot, Gent, be ignorant of the unsafe and miserable condition of the only Goal in the Province, and how necessary it is that it be speedily repaired.

Some good laws to encourage the Husbandry of the Province, and more especially the giving a handsome Bounty for raising Hemp and Flax would be a likely method for recovering your Commerce from the difficulties it labors with at present & all proper frugality would still add weight to the scale in favor of this Province.

I cannot but observe to you, Gent, as I said once and again to the Assembly of the Mass Province, on an occasion something like this, of the unwarrantable attempt made here [P. 439] by a set of private Gent to strike & Issue paper notes or Bills to pass in lieu of money. If the Legislature are restrained by his Majties Royal Orders from a Practice of this Nature any otherwise than may be for the necessary charge of the Province, surely private persons ought not to presume upon it. Gentlemen of the House of Representatives

It is now upward of four years since there has been any supply made to the Publick Treasury. When you consider how much the Province is exposed on this Head and how unrighteous and oppressive it is to all persons that have just and long standing demands on the Governm I hope you will make it your first care (in this Sessions) to recover the Hon' & justice of the Governm by making ample provision for paying the publick Debts and for repairing the Fort and the Prison. Gent. of the Council

& House of Representatives

I shall be glad to se[e] you Industriously pursuing the business I have now laid before you, that this Sessions may be short and thereby create the least expence to the good People of the Province. May 2, 1735. J. BELCHER.

Voted That John Rindge, Esq. Capt. Thomas Millet & Mr. George Walton be a Comittee of this House to joyn with such as the Honble the Council shall appoint to audit the Treas accounts and all other accounts that shall be bro't into the Gen1 Assem. this Sessions, & also to tell over all such Money as is to be Burnt this Sessions and to make their return to the Gen' Assembly for allowance. Sent up.

A Mess from the Board that the above vote was concurr'd & that Jotham Odiorn, Ephraim Dennit & Jo. Sherburn, Esqs. were appointed at the Board for the ends above s1.

Voted, That Paul Gerrish and John Rindge, Esq' be a Comittee of this House to draw an Answer to his Excell Speech & present it the House for approbation.

Voted That Mr. Nathan' Rogers, John Rindge [P. 440.] & James Clarkson, Esqs. be a Comittee of this House, to joyne with such as the Honble Board shall appoint to view the Goale and see what Repairs are necessary and what the Charge may amount to & make report to the Gen1 Assembly next Monday afternoon. Sent up.

A message from the Board That the above vote was concurr'd & that Shad. Walton, Henry Sherburn & Joshua Pierce, Esqs. were appointed at the Board to joyne the Comittee of the House. Then the House adjourn'd to Monday the 5th currt

Monday May the 5th A. D. 1735.

The Committee from the Prison made their Return, viz. We the subscribers being appointed a Comittee to view the Province Goal, & see what repairs were necessary, & to make an Estimate of the charge of our Report thereon, having accordingly had a view of the said Goal, & called in advice & find great deficiency therein, but conclude that twenty five pounds will be sufficient at present to make the prison secure as it has been for some years past (excepting the yard) Sha Walton, H. Sherburn, J. Pierce J. Clarkson Nath' Rogers.

Then the House adjourn'd to the 6th Currt

Tuesday, May 6th A. D. 1735.

Voted, That Messrs. Jona. Chesley, Joshua Pierce jun. & John Sanburn be a Comittee of this House to joyn with