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Full text of "[Provincial and state papers]"

NOTICE. 

Joint Resolution, passed by the Legislature of New-IIanipshire. 

Resolved by the Senate and House of Representatives, in General Court 
convened. That his Excellency, the Governor, be hereby authorized and 
empowered, with the advice and consent of the Council, to employ some 
suitable person, and fix his compensation, to be paid out of any money 
in the treasury not otherwise appropriated, to collect, arrange, tran- 
scribe, and superintend the publication of such portions of the early 
State and Provincial Records, and other State Papers of New-Hamp- 
shire, as the Governor may deem proper; and that eight hundred copies 
of each volume of the same be printed by the State Printer and distrib- 
uted as follows : namely, one copy to each City and Town in this State, 
cue copy to such of the Public Libraries of this State as the Governor 
may designate, two hundred copies to the New-Hampshire Historical 
Society, and the remainder placed in the custo^.^ of the State Librarian, 
who is hereby authorized to exchange the same for similar pul)lications 
issued by other States. 

Approved July 6, 186G. 



WMiiiiiiMi WiH-WfH ^ 




Iwvincial ^apw. 



DOCUMENTS AND RECOEDS 



RELATING TO THE 



PROVINCE OF NEW-HAMPSHIRE, 

FROM THE EARLIEST PERIOD OF ITS SETTLEMENT: 
1633-1686. 

PUBLISHED BY AUTHORITY OF THE LEGISLATURE OF NEW-HAMPSHIEE. 




VOLXJ311i: I. 

COMPILED AJJD KDITliD BY 

NATHANIEL BOUTON, D. D., 

Corresponding Secretary of the New-IIampshirc Historical Society. 



CONCORD : 

GEOPwGE E. JENKS, STATE PRINTER. 
18G7. 



INTRODUCTION. 



governor's message. 

In his message to the Legislature of New-Hampshire, June 7, 1866, 
His Excellency, Frederick Smyth, Governor of the State, said : 

«' I deem it my duty to direct your attention to the present condition 
of our Provincial Records, for the period between 1680, when New- 
Hampshire became a separate royal Province, to the year 1775, when 
her people adopted a State Government. 

" These records are of great importance. Among other things, they 
contain a large portion of the Town Grants, the Provincial Laws, and 
all measures taken by the people of New-Hampshire in the prosecution 
of the French and Lidian wars ; yet, valuable as they are, they have 
never been put in a condition to render them useful, or insure their 
preservation. A part of them are in bound volumes and a part upon 
loose sheets, and they are all in manuscript, much of which it is difficult 
to decipher. They are greatly scattered, also, some portions being 
found in the office of the Secretary of State, and some in the archives 
of the Historical Society, and other parts among the Court Papers in 
different counties, and elsewhere. The work of arranging and index- 
ing these, commenced some years ago by the late John Farmer, Esq., 
at the instance of the Legislature, should be continued ; and, when 
properly prepared, should be printed, and thus rendered of easy access. 
« An examination of the last two volumes of the New-Hampshire 
Historical Society's collections— the expense of which was borne in 
part by appropriations made by former Legislatures, will show the 
desirableness and importance of the work proposed,— containing as 



VI INTRODUCTION. 

they do 'the Records of the Committee of Safety' during the whole 
period of the Revolution, and Provincial Records, Court Papers, and 
the Province Laws, from 1680 to 1692. 

" Much credit is due to the officers of the Society, and especially to its 
Corresponding Secretary, Rev. Dr. Nathaniel Ronton, for the patient 
labor gratuitously bestowed on this valuable work. In prosecuting to 
completion the enterprise thus auspiciously commenced, New-Hamp- 
shire would but be following the example already set by other States," 

SELECT COMMITTEE. 

On the 14th of June, a select committee was appointed on that part 
of the Governor's message that related to Province Records : namely, 
Benjamin Gerrish, jr., Dover ; Nath'l G. Upham, Concord ; John M. 
Hayes, Salisbury ; Ansel Dickinson, Winchester ; Adoniram J. Patter- 
son, Portsmouth ; Z. S. Barstow, Keene ; Richard H. Hopkins, Chester- 
field ; George W. Weston, Windham; Horace Eaton, .Hillsborough; 
and William Child, Bath. 

JOINT RESOLUTION. 

On the 28th of June, Mr. Gerrish, from the aforesaid Select Com- 
mittee, reported the following Joint Resolution : namely, 

Resolved by the Senate and House of Rejyresentatives, in General Court 
convened, That his Excellency, the Governor, be hereby authorized and 
empowered, with the advice and consent of the Council, to employ some 
suitable person, and fix his compensation, to be paid out of any money 
in the treasury not otherwise appropriated, to collect, arrange, tran- 
scribe, and superintend the publication of such portions of the early 
State and Provincial Records, and other State Papers of New-Hamp- 
shire, as the Governor may deem proper; and that eight hundred copies 
of each volume of the same be printed by the State Printer and distrib- 
uted as follows : namely, one copy to each City and Town in this State, 
one copy to such of the Public Libraries of this State as the Governor 
may designate, two hundred copies to the New-Hampshire Historical 
Society, and the remainder placed in the custody of the State Librarian, 
who is hereby authorized to exchange the same for similar publications 
issued by other States. 



INTRODUCTION. VI 1 

Ou tlie 3(1 of July the above Joint Resolution was passed by the 
House ; on the 5th by tlie Senate, and was approved by the Governor 
July 6th. 

COMMISSIOX. 

Agreeably to the foregoing joint resolution, the Governor and Coun- 
cil made out the following Commission : 

To Nathaniel Bouton,* Greeting : 

Know You, that we, reposing esjiecial trust and confidence in your 
fidelity and ability, have constituted and appointed you, the said 
Nathaniel Bouton, Editor and Compiler of Provincial Records, hereby 
giving and granting unto you all the power and authority given and 
granted by the Constitution and Laws of our State, agreeably to an 
Act of the Legislature, approved July 0, 18G6: To have and to hold 
THE SAID OFFICE, with all the powers, privileges and emoluments to 

the same belonging, for the term of years : provided you are of 

good behavior during said term. 

In testimony whereof, we have caused our Seal to be hereunto affixed. 

Witness, Frederick Smyth, Governor of our State, the thirty-first 
day of August, in the year of our Lord one thousand eight hundred 
and sixty-six, and of the Independence of the United States of America 
the ninety-first. FREDERICK SMYTH. 

By his Excellency's command, with 
advice of Council. 

Walter Harriman, Secretary of State. 



State of New-Hampshire. 
Merrimack ss. 

On the eleventh day of September, one thousand eight hundred and 
sixty-six, the said Nathaniel Bouton took and subscribed the oath of 
office as above named. 

Before us : Peter Sanborn, } JuMicett of the Peace 
Nathan W. Gove, ) Quorum Unus. 

*The title " Esquire," in tlie orijjinal t'orni, is here omitted. 



EDITOR'S PREFACE. 



In preparing this first volume of Provincial Papers of New-Hamp- 
shire, I have aimed to collect and embody all reliable historical facts, 
original papers, documents and records, that could be found relating 
to the early settlement of the Province, and to its condition from 1623 
to 1686. 

The earliest original papers are contained in a bound manuscript 
volume, in the ofiice of the Secretary of State, labeled " Province 
Records, Book I," " Council and Mis. Papers, 1631-1756." From the 
first portion of this volume every thing has been copied that was pre- 
sumed to be of public interest. Relative to the period from 1623 to 
1631, we have no original records, but only such statements and facts 
as could be gathered from early historians, Winthrop, Hubbard, Prince, 
Morton, Belknap, &c., and from journals of voyages of an early date. 
This portion of our Province history is involved in considerable ob- 
scurity. 

From 1641 to 1679, the four settlements that composed the Province 
of New-Hampshire, namely, Portsmouth, Dover, Hampton and Exeter, 
were under the jurisdiction of Massachusetts ; consequently, we have 
no records relating to that period, except what are connected with, and 
contained in, the Records of the Massachusetts Colony. All those 
records, so far as they relate to New-Hampshire, have been carefully 
copied, revised, and are contained in this volume. Some very valuable 
papers have also been copied from " Documents relating to the Colonial 
History of the State of New-York." The " Court Papers," contained 
in this volume, were copied from bound MS. volumes in the Register's 
office, in Exeter, N. H. 

In transcribing and preparing matter for the Press, I have aimed to 
preserve the exact language of the original or copy before me, particu- 
larly has this scrupulously been done in writing proper names. In no 
case have I changed the construction or grammar of a sentence, or even 
a word, whether correct or not. For the most part likewise, in copying 



X editor's preface. 

original papers, I have followed the ancient orthography, capitals and 
abbreviations ; but inasmuch as there is no uniform rule in this matter 
among copyists or printers, and the utility of it is very doubtful, I have 
felt at liberty, in frequent cases, to follow the modern orthography, as 
better for the reader and more convenient both for the copyist and 
printer. 

As Editor I have not felt myself obliged to furnish notes or comments 
on the text, beyond what was necessary, in some cases, for explanation 
or elucidation, nor to express an opinion on matters contained in any 
paper or record. When the text is doubtful I have signified it by an 
interrogation mark, or by an italicised word in [ ]. The Editor's notes 
are always designated by — Ed. Quotations or extracts from other 
authors are duly credited. 

The Editor respectfully acknowledges his personal obligations to his 
Excellency, Frederick Smyth, Governor, — upon whose recommenda- 
tion and under whose auspices this work was commenced, — for his 
courtesy and kindness, and for the uniform interest he has manifested 
in the successful accomplishment of the undertaking. Likewise, not only 
is the Editor, but the public generally, under great obligations to Hon. 
Samuel D. Bell, of Manchester, late Chief Justice of the State, for 
essential aid in procuring and furnishing materials for this volume, 
especially for collecting and arranging the " Ancient (tRAnts," as also 
for his counsel in the preparation and arrangement of the volume. To 
the lion. Chandler E. Potter, of Hillsborough, the editor is in- 
debted for aid in deciphering defaced and mutilated manuscripts, and 
for copies of valuable papers in his possession. To the Hon. Walter 
Harriman, Secretary of State,* and his Deputy, and to the State 
Librarian, the editor is under much obligation for facilities afforded 
him of access to original papers, and books for reference. 

To the candid judgment and acceptance of the People of New- 
Hampshire, this first volume of Provincial Papers is most respectfully 
submitted, and humbly commended by their servant, the Compiler and 
Editor, NATHANIEL BOUTON. 

Concord, June, 1867. 

♦Since elected Governor. 



GENEBAL CONTENTS. 

VOLUME I. 

PAOE3. 

Preliminary Notices, 1-4 

Ancient Grants, &c., Capt. John Mason's Will, ... 4-55 

The Wheelwright Deed, 50-60 

Original Province Papers, 1631 to 1650, .... 61-102 

Miscellaneous, Historical items, 103-107 

Facts relating to the early settlements — Portsmouth, Dover, 

Exeter and Hampton— 1631 to 1641, . . . 108-153 
Documents and Records relating to New-Hampshire from 

1641 to 1680, 154-372 

Papers relating to the visit of the King's Commissioners : 

Copied from New-York Colonial Documents, . . 245-264 

Copied from Massachusetts Colony Records, . . . 265-298 

Documents relating to Indian troubles, .... 353-365 
Names of Deputies from New-Hampshire to General Court of 

Massachusetts, 369-372 

Commission of President John Cutt, 373-382 

Province, Capital, Criminal and General Laws, . . . 382-408 

Addresses of the President and Council to the King, &c., . 409-413 

Province affairs — witchcraft, rates, &c., 413-433 

Edward Cranfield's Commission, as Governor, . . . 433-443 

Instructions to Cranfield, 443, 444 

Province Laws, under Cranfield, 444-455 

Affairs of the Province, under Cranfield's Administration, . 455-575 

Petition of the Inhabitants against Robert Mason, . . 575-578 

Walter Barefoot, Deputy Governor, 579-590 

Letters from John Hogkins, Indian Sachem, . . . 583-585 

Joseph Dudley's Administration, President of New-England, 590-601 

[See General Index at the end.] 



THE PROVINCE OF NEW-HAMPSHIEE, 



FROM 



1623 to 1686. 



PEELIMINARY NOTICES. 



BY THE EDITOR. 



New-Hampshire received its name with the Grant to Capt. 
John Mason, November 7, 1629 ; but previous to this time 
voyagers along the coast had landed on the shores of the 
Piscataqua; grants had been made of portions of the terri- 
tory, and settlements had been begun in several places on our 
soil. Historically, facts may be mentioned in the following 
order : 

The first voyager to our shores, of whom we can find any 
record, was Martin Pring, wlio, in 1603, came here with a ship 
of fifty tons and thii-ty men and boys ; and a barque of twenty- 
six tons, Capt. William Brown, thirteen men and a boy. This 
small fleet was fitted out under the patronage of the mayor, 
aldermen and merchants of the city of Bristol, England, to 
prosecute the discovery of the northern parts of Virginia, as 
the whole country was then called. The flag-ship was called 
the Speedwell, and the barque the Discoverer. They first touched 
at one of the islands near the entrance of Penobscot Bay; then 
visited the mouths of the Saco, Kennebunk and York rivers, 
which Pring says they found " to pierce not far into the land." 



2 NEW-HAMPSHIRE. 

They next proceeded to the Piscataqua, which Pring calls the 
westernmost and best river, and he explored it ten or twelve 
miles into the interior.* This visit was made in the month of 
June, 1603. 

In the summer of 1605, the coast of New-England was 
partially explored by Samuel de Chmnplain, who sailed from 
Havre, in France, in March of that year. He made the Piscat- 
aqua Bay, July 15, 1605 ; discovered the Isles of Shoals, and 
is said to have landed, the next day, at a place called <'Cape 
of the Islands," which probably is the same now known as 
Odiorne's Point, in the town of Rye, N. H. ; thence, sailing on 
the 17th, he discovered " a very wide river," to which he gave 
the name of '^Eiviere du Gas," which was probably the Merri- 
mack river.f 

In 1614, Capt. John Smith ranged the shore from Penobscot 
to Cape Cod, and in this route discovered the Isles of Shoals, 
to which he gave the name of Smith's Isles ; and also the river 
Piscataqua, which he found to be " a safe harbor with a rocky 
shore." Returning to England he there published a descrip- 
tion of the country, with a map of the sea coast, which he 
presented to Prince Charles, who gave the country the name of 
New-England. I Hubbardjl speaks of the Piscataqua as a 
"river of noat, which has been frequented ever since the 
country was first planted, by such as came this way for trafl&cke 
with the inhabitants, natives, and others, that have seated 
themselves in several plantations about the uppermost branches 
thereof The channel is very swift and spacious, fit for vessels 
of great burden for the space of near twenty miles, where it 
divides itself into many considerable bays and small branches, 
whose streams are in their passage obstructed with falls of 
broken rocks, .that put a stop to such as at the entrance might, 
by the helpe of its streams, be in hopes of aspiring higher into 
the inland parts of the country." 

* Prince's Annals of N. E., p. 102 : Boston, 1826. Brewster's Kambles 
about Portsmouth, p. 9. 

t Doc. History of N. Y., vol. 9, p. 267. Potter's History of Manches- 
ter, pp. 6, 7. 

X Farm. Belknap, vol. 1, p. 2. 

II Hub, History, p. 16 ; Mass. Hist. Coll., vol. 5. 



PRELIMINARY NOTICES. 6 

The two most prominent characters that appear in our early- 
Provincial history, are Sir Ferdinando Gorges and Capt. John 
Mason. Dr. Belknap says : 

Sir ferdinando GORGES 

" Had been an active officer in the navy of Queen Elizabeth, 
intimately connected with Sir Walter Raleigh, of whose ad- 
venturous spirit he had a large share. After the peace which 
King James made, in 1604, he was appointed Governor of the 
port and island of Plymouth, in Devonshire, Eng. While he 
resided there, Capt. Weymouth, who had been employed by 
Lord Arundel, in seai-ch of a northwest passage, but had fallen 
short of his course and put in at Pemaquid (Me.) [1606], 
brought from thence into the harbour of Plymouth, five natives 
of America, three of whom were eagerly seized by Gorges, and 
retained in his service for three years. Finding them of a 
tractable and communicative disposition, and having won their 
affections by gentle treatment, he learned from them many 
particulars concerning their country, its rivers, harbours, 
islands, fisheries, and other products; and the numbers, force, 
disposition and government of the natives; and from this in- 
formation he conceived sanguine hopes of indulging his genius, 
and making his fortune, by a thorough discovery of the coun- 
try. In this purpose he, in conjunction with others, ventured 
several ships, whereof some met with peculiar misfortunes, 
and others brought home accounts which, though discouraging 
to some of his associates, made him determine upon further 
attempts, wherein his resolution and perseverance were more 
conspicuous than any solid gain. These transactions were 
previous to the establishing of the Council of Plymouth, in 
soliciting which Gorges was so extreme!}" active that he was 
appointed their President, and had a principal share in all 
their transactions."* 

Capt. JOHN MASON f 
Was a merchant of London, but became a sea-officer, and after- 
ward Governor of Newfoundland, where he acquired a knowl- 

*See Farm. Hclk., pp. 3, 4; Allen's Buy'. Die, "Grorircs," and Belk. 

log. 

f See Farm. Belk. Allen's Biog. Die, "Mason." 



4 NEW-IIAMPSHIRE. 

edge of America, which led him, on his return to England, into 
a close attachment to those who were engaged in its discovery ; 
and upon some vacancy in the Council of Plymouth, he was 
elected a member, and became their Secretary ; being also 
Grovernor of Portsmouth, in Hampshire (Eng.).* At different 
times, in connection with Sir Fei'dinando Gorges, or for him- 
self, he obtained grants of land from the Council of Plymouth, 
on the basis of which settlements were begun on the eastern 
shores of New-Hampshire. His claim to the Province as 
proprietor, as also that of his lawful heirs, and the deep in- 
terest he took in its settlement and growth, will appear in sub- 
sequent pages of this volume. Capt. John Mason died between 
November 26, 1635, when his Will was made, and the 22d of 
December following, when his Will was proved. 



ANCIENT GEANTS. 

[To an adequate understanding of the history of New-Hampshire, and 
especialh' of the long, vexatious, and expensive litigations to which we 
were subjected by the claims of Massachusetts, before our bounds were 
finally established, it seems necessary to introduce a connected view of 
Ancient Grants and other Documents relating to the Province ; prepared 
and furnished by the Hon. Samuel D. Bell, of Manchester, late Chief 
Justice of the State. — Ed.] 

1. The Patent for the settlement of North and South Virginia, to 

the London and Plymouth Companies, date 10 April, 1606; 
■published entire, 1 Haz. CoZ?, 51-58; Popham Cel., Apx. 
A. An Abstract is found in Doug. Sum. 5; 1 Wim'ji, 
Maine, 196. 

2. The Charter of the Council of Plymouth, date 3 Nov., 1620 ; 

published entire, 1 Haz. Coll., 103-118; Popham Cel., 110- 
118. An Abstract 1 Wini'n, Maine, 222. It may be thus 
abridged : 
James, King of England, to all, &c. 

Whereas, upon petition of divere subjects, that intended to 
make plantations in America, between the degrees of 34 and 

* His office and residence doubtless had much influence in giving the 
name of New-Hampshire to his Grant in 1629. 



ANCIENT GRANTS. O 

45, Avo granted to Sir Thomas Gates, &c., by our patent, dated 
April 10, 1606, liberty to divide into two colonies ; the first, 
to be undertaken by certain knights, &c., in our city of Lon- 
don ; the second, by certain knights, &c., in and about our cities 
of Bristol and town of Plymouth : 

And whereas, since, upon petition of said first colony, we 
have made them a distinct body, giving them distinct limits 
and bounds and divers liberties, privileges, &c : 

Now, forasmuch as we have been petitioned by Sir Ferdi- 
nando Gorges, knight, captain of our fort and island of Ply- 
mouth, and by certain principal adventurers of the second colo- 
ny, &c., divers of whom have been at great charge, &c., in 
seeking a place for a plantation, and have settled some of our 
people in those parts, and have resolved, in a more effectual 
manner, to prosecute the same, and desired us to make them 
a distinct body, and to grant them such estates, liberties, priv- 
ileges, &c., as are hereafter expressed ; and wo are given to 
understand, by divers of our subjects that have for many years 
frequented those coasts between the degrees of forty and forty- 
eight, that no subjects, of any christian king or state, are in 
possession of any of said lands, &c., and, by a plague, &c., the 
whole territory is in a manner depopulated, &c. : 

We, therefore, of our especial grace, &c., by the advice of 
our Privy Council, grant, &c.,that all that circuit, &c., in Amer- 
ica, from forty degrees north latitude to forty-eight degrees, 
and, by the breadth aforesaid, from sea to sea, with all seas, 
rivers, islands, &c., shall be the limits and bounds, &c., of the 
second colony. And the same shall be called by the name of 
New-England in America. 

And, for the better plantation ruling, &c., we ordain, &c., 
that there shall be for ever, in our town of Plymouth, in our 
county of DevoN, a body corporate, consisting of forty persons, 
with perpetual succession, called by the name of the Councill 

ESTABLISHED AT PLYMOUTH, IN THE COUNTY OF DeVON, FOR THE 
PLANTING, RULING, ORDERING AND GOVERNING OF NeW-EnGLAND 

IN America. And we appoint of the Council — 

Lodowich, Duke of Lenox, George, IMarquis Bucking- 
Ld. Steward; ham. High Admiral; 



NEW-HAMPSHIRE. 



James, Marquis Hamilton ; 

William, Earl of Pembroke, 
Ld. Chamberlain; 

Thomas, Earl of Arundel ; 

William, Earl of Bath; 

Henry, Earl of South-Hamp- 
ton; 

William, Earl of Salisbury; 

Eobert, Earl of Warwick ; 

John, Viscount Haddington ; 

Edward, Ld. Zouche, Ld. 
Warden of the Cinque 
Ports ; 

Edmund, Ld. Sheffield; 

Edward, Ld. Gorges; 

Sir Edd. Seymour, kt. baro- 
net; 

Sir Eobert Mansell, 

— Edward Zouche, Knight 

Marshal ; 

— Dudley Diggs, 

— Thomas Eowe, 

— Ferdinando Gorges, 



Sir Francis Popham, 

— John Brooks, 

— Thomas Gates, 

— Eichard Hawkins, 

— Eichard Edgecomb, 

— Allen Apsley, 

— Warwick Heale, 

— Eichard F. Cotchmny, 

— John Bourchier, 

— Nathaniel Eich, 

— Edward Giles, 

— Giles Mompessan, 

— Thomas Wroth, Knights ; 

— Mathew tSutcliffe, Dean of 

Exeter ; 

— Henry Bourchier, Esq. ; 

— Eobert Heath, Recorder 

of London; 

— John Drake, 

— Ealiegh Gilbert, 

— George Chudley, 

— Thomas Hammond, 

— John Argall, Esquires ; 



with power, in case of vacancy, to choose others, &c. And 
they and their successors are incorporated by that name, with 
power to purchase, &c., any manors, &c., from us or others, in 
the realme, or other places, and to sue, &c., to sue, &c. ; to 
choose a president with power to call meetings; to elect mem- 
bers to fill vacancies, such members to take their oaths as 
councilors, &c. ; to have a common seal, &c. 

And we do further grant, &c., that said council may admit 
such persons to be made free and enabled to trade in Xew- 
England, and to possess lands and hereditaments in New-Eng- 
land as they think fit, according to the laws, &c., by them estab- 
lished, and under such conditions as they direct, and not other- 
wise. And may constitute and discharge, all and singular, 
governors, officers, &c., by them thought fit, &c. ; to attend the 
business of said company here, and for the government of said 
colony and plantation, and to make, &c., orders, laws, &c., of 



ANCIENT GRANTS. T 

government and magistracy fit and necessary for the govern- 
ment of said plantation, &c. ; so always as the same bo not 
contrary to the laws of England ; and the same to revoke and 
change, not only within the precincts of the colony, but also 
upon the seas, in going and coming to and from said colony. 

Such principal governor as shall bo appointed to exercise 
martial law in case of rebellion, insurrection and mutiny in as 
ample manner as our lieutenants of our counties in England. 
And we grant to the council, &c.,and to such governors, offi- 
cers, &c., as shall be by them appointed, accoi'ding to the na- 
ture and limits of their offices, &c., that they may, within the 
precincts of jSew-England, or in the way by the seas thither, 
or from thence, have power, &c., to correct, punish, pardon, 
govern and rule all our subjects who shall adventure in any 
voyage thither, or that at any time inhabit in the precincts of 
the colony according to such laws ; and in defect thereof, ac- 
cording to their discretion, as well in cases capital and crim- 
inal as civil, both marine and others, so always as the said 
statutes, as near as conveniently may be agreeable to the laws, 
&c., and policy of England. 

If any transport goods with a pretense to land the 
same in said colony, and carry the same to any foreign coun- 
try to sell, the goods and vessel shall be forfeited. 

And we do grant to said council all the lands, from foi'ty to 
forty-eight north latitude, from sea to sea, with havens, &c., 
mines, &c. ; and all jurisdictions, royalties, &c.,in said land, 
and islands, and seas adjoining ; provided they are not actu- 
ally possessed by any other christian prince or state, to hold 
for their solo use, &e., as of our manor of East-Greenwich, in 
the county of Kent, in free socage ; and not in capite, &c. ; 
yielding the fifth of ore, of gold and silver, for all duties and ser- 
vices whatever. 

The said councill may transport so many of our subjects, or 
others willing to be subjects, as are willing, with shipping, 
arms, victuals, clothing, implements, beasts, &c., and other 
things necessary for said plantation, and for their use or de- 
fense, or for trade, without paj'ing any custom for seven 
years, provided none of the persons be restrained by us or our 
successors. And the council, their successors, factors, or as- 



8 NEW-HAMPSHIRE. 

signs, shall be free of all customs for seven years, and of all 
taxes for twenty-one years, upon goods exported or imported, 
except five pounds per cent ; and the same goods may be ex- 
ported into foreign ports, if shipped within thirteen months, 
without any custom. 

The council, or major part of them, which shall be present 
and assembled for that purpose, shall, under their common 
seal, convey, assign, &c., such portions of lands as are by these 
formerly granted unto each our loving subjects, naturally born 
or denizens, or others, as well adventurers as planters, as by 
the said company, upon a commission of survey and distribu- 
tion, executed and returned for that purpose, shall be named, 
wherein our will is that respect be had as to the proportion of 
the adventures, as to the special service, hazard, exploit or 
merit of any person so to be recompensed, &c. 

We grant to the said council and governors, officers, &c., 
appointed, to have power of government and command in and 
over said colony and plantation j that they may repel and re- 
sist, by foi'ce of arms, as well by sea as by land, all such per- 
sons as, without license of the council, attempt to inhabit 
them, &c., and all such as shall attempt the detriment or an- 
noyance of said colony. And said council may take and sur- 
prise every person, with their ships or goods, trafficking in any 
harbor, creek, or place, within the limits of said plantation, 
not allowed by said council to be adventurers or planters. And 
we do grant that the said territories shall not be visited, fre- 
quented or traded to, by any of our subjects from our ports, 
or those of other princes; and we forbid our subjects to visit, 
frequent, or trade into or from the said territories and lands, 
except the said council, their factors, deputies or assignees, 
unless with the license of the council first had in writing, and 
the common seal, upon pain of the forfeiture of their ships and 
goods. Full power is given to the council, their factors, 
deputies and assignees, to take, seize, &c., all ships, goods, &c., 
brought from or carried to the places aforesaid, contrary, &c., 
half the forfeiture to the council and half to the king. And 
we grant to said council that we will not give or grant any 
license, &c., to any person ^to sail, trade, or traffick to New- 
England, without the good will of said council. When customs 



ANCIENT GRANTS. 9 

become due from the council, &c., tlie officers, upon sccurit}^, avo 
to allow six months for the payment to them, and to be allowed 
by them. 

The president of the company, or his deputy, or any two of 
the council, may administer oaths of allegiance and supremacy 
to all who shall go to New-England, and oaths to persons cm- 
ployed for their honest and faithful discharge of service, and 
unto others, for the clearing of the truth in any cause. 

Power is given to apprehend and punish slanderers of the 
colony, &c. 

Eobbcrs and spoilers by sea, in said colony, shall be punished. 

All persons who may go to inhabit in said colony, and their 
children, shall have all liberties of free denizens and natural 
subjects, as if born and residing in England ; none to go to 
New-England but such as have taken the oath of supremacy. 

A new charter to be granted for better assurance. All con- 
structions are to be favorable to the council. All officers to 
afford aid. 

Note. The provisions forbidding all persons to trade or traffic or in- 
habit on the coast, without license of the council, and authorizing the 
seizure and forfeiture of their ships and goods, became the subject of loud 
clamor and opposition, by the numerous fishermen and others who had 
been engaged in the trade on the coast, and it was instantly seized upon 
by the party opposing the king as a political topic. It was denounced as 
establishing an odious monopoly in a great branch of trade, and when the 
grievance was presented to the king, it was at the head of the list. The 
violence of this opposition probably led to the failure of the attempt by 
the council to establish a general governor and council, consisting of Rob- 
ert Gorges, son of Sir Ferdinando, as Governor General, and West, 

Admiral, Capt. Christopher Leavitt, the governor of Plymouth Colony, 
and others, to be appointed by them. These officers visited New-England 
in 1623, commenced settlements at various places on the coast of Massa- 
chusetts, New-IIampshiro and Maine, were obstinately resisted by the stur- 
dy fishermen on the coast, and returned to England the following spring. 

Note. The council of Plymouth are said to have always doubted their 
power to transfer jurisdiction to any but their own ofiicers. Their grants 
are said to have contained provisions transferring to their grantees their 
powers of government. "When the question came up in the courts in 
England, it was at once decided, and without hesitation, that they had no 
such power. Indeed, the point was given up by Mason and his council, 
as too clear for argument. 



10 NEW-HAMPSHIRE. 

3. A Grant of the Province of Maine to Sir Ferdi- 
nando Gorges and John Mason, Esq., lOih of 
August, 1G22. 

This indenture, made the lOtli day of August, Anno Dom. 
1622, and in the 20th yeare of the reigne of our Sovereigne 
Lord James, by the grace of God King of England, Scotland, 
France and Ireland, Defender of the Faith, &c. Between the 
President and council of New-England on the one part, and 
Sir Ferdinando Gorges, of London, Knight, and Captain John 
Mason, of London, Esquire, on y*^ other part : Witnesseth, that 
whereas our said Sovereigne Lord King James, for the making 
of a plantation and establishing a colony or colonyes in y° 
country called or knowne by y^ name of New-England in 
Amei'ica, hath, by his Highness' Letters Patents, under the 
Great Scale of England, bearing date at Westrar. the 3d day 
of November, in the 18th yeai-e of his reigne, given, granted 
and contirnied unto the Right Honorable Lodowick, Duke of 
Lenox; Geofge, Marquis of Buckingham; James, Marquis 
Hamilton ; Thomas, Earl of Arundell ; Robert, Earl of War- 
wick ; Sir Ferdinando Gorges, Knt., and divers others whose 
names are expressed in y^ said Letters Patents, their succes- 
sors and assignes, that they shall be one Body Politique and 
Corporate perpetuall, and that they should have perpetual 
Succession, &c., and one comon scale or scales, to serve for the 
said Body, and that they and their successors shall be known, 
called and incorpox-ated by the name of the President and 
Councill established at Plymouth in the county of Devon, for 
the planting, ruling and governing of New-England in Ameri- 
ca; and also hath, of bis especiall grace, certaine knowledge 
and meer motion, for him, his heyi'es and successors; and 
given, granted and confirmed unto the said President and 
councill, and their successors, under the reservacons, limitacons 
and declaracons in the said Letters Patents expressed, all that 
part or porcon of that country now commonly called New-Eng- 
land wch is situate, lying and being between the latitude of 
forty and forty-eight degrees northerly latitude, together with 
the seas and islands lying within one hundred miles of any 
part of the said coasts of the country aforesaid ; and also all 



ANCIENT GRANTS. 11 

tho lands, soylo, grounds, havens, ports, rivers, mines, as well 
royal mines of gold and silver, as other mines, minerals, pearls 
and pretious stones, woods, quarics, marshes, waters, fishings, 
hunting, hawking, fowling, commodities and hereditaments 
whatsoever, together Avith all prerogatives, jurisdictions, royal- 
tj'S, privileges, franchises and preliminaries within any of tho 
said territories and precincts thereof whatsoever. To have, 
hold, possess and enjoy, all and singular, the said lands and 
premises, in the said Letters Patent granted or menconed to 
be granted, unto the said President and councill, their succes- 
sors and assigncs for ever ; to bo holden of his Majesty, his 
heycrs and successors, as of his Ilighnoss IManor of East- 
Greenwich, in the county of Kent, in free and common soccage 
and not in capito or by knts. service — yielding and paying to 
tho Kings Majestic, his heyers and successors, the one fifth part 
of all gold and silver oare that from time to time, and at all 
times from the date of the said Letters Patents, shall be there 
gotten, had or obtayned for all services, dutyes or demands as 
in and his highness said Letters Patents amongst other divers 
things therein contayned, more fully and at large it doth 
appeare. And whereas the said President and councill have, 
upon mature deliberacon, thought fitt, for the better furnish- 
ing and furtherance of the plantation in those parts to appro- 
priate and allott to several and particular persons divers par- 
cels of lands within tho i:)recincts of the aforesaid granted 
premises by his Majesty's said Letters Patents. 

Now this identure witnesseth, that y'' 8*^ President and 
councill, of their full, free and mutuall consent, as well to the 
end that all the lands, woods, lakes, rivers, waters, islands and 
fishings, with all other the traffiques, profits and commodities 
whatever, to them or any of them belonging, and hereafter in 
these presents menconed, may be wholly and entirely invested, 
appropriated, severed and settled in and upon y'^ said Sr. Fer- 
dinando Gorges and Capt. John IMason, their heyers and 
assignes forever, as for divers speciall services for the advance- 
ment of the s'' plantacons and other good and suflicient causes 
and consideracons, them especially thereunto moving, havo 
given, granted, bargained, sould, assigned, aliened, sett over, 
enfeoffed and confirmed, and by these presents doc give, grant, 



12 NEW-HAMPSHIRE. 

bargain, sell, assigne, alien, sett over, and confirm unto y* s*^ 
Sr. Ferdinando Gorges and Capt. John Mason, their heirs and 
assignes, all that part of the main land in Now-England lying 
upon the sea-coast betwixt y** rivers of Merrimack and Sagada- 
hock, and to the furthest heads of the said rivers, and soe 
forwards up into the laud westward until three-score miles bo 
finished from y" first entrance of the aforesaid rivers, and half 
way over; that is to say, to the midst of the said two rivers 
■w°^ bounds and limitts the lands aforesaid together w"' all the 
islands and isletts within five leagues distance of y*^ pi'emiscs 
and abutting upon y" same or any part or parcell thereof. As 
also all the lands, soyle, grounds, harbors, ports, rivers, mines, 
mineralls, pearls, pretious stones, woods, quarries, marshes, 
waters, fishings, hunting, hawking, fowling, and other com- 
modities and hereditaments whatsoever, with all and singular 
their appurtenances, together with all prerogatives, rights, 
royalties, jurisdictions, privileges, franchises, liberties, pre- 
himenences, marine* power, in and upon y^ said seas and rivers; 
as also all escheats and casualties thereof, as flotson, jetson, 
lagon, with anchorage, and other such duties, immunities, 
sects, isletts and appurtenances whatsoever, with all the estate, 
right, title, interest, and claim and demands whatsoever w'^'* y® 
said President and councill, and their successoi's, of right ought 
to have or claim in or to the said porcons of lands, rivers, and 
other y^ premises, as is aforesaid by reason or force of his 
highness' said Letters Patents, in as free, large, ample and 
beneficial manner, to all intents, constructions and purposes 
whatsoever, as in and by the said Letters Patents y"^ same are 
among other things granted to the said President and councill 
aforesaid, except tw^o fifths of the oarc of gold and silver in 
these parts hereafter expressed, w* said porcons of lands, w*"^ 
y^ appurtenances, the said Sr, Ferdinando Gorges and Capt. 
John Mason, with the consent of y'' President and councill, 
intend to name The Province of Maine. To have and to 
hould all the said porcons of land, islands, rivers and premises, 
as aforesaid, and all and singular other y* commodytyes and 
hereditaments hereby given, granted, aliened, enfeoffed and 
confirmed, or menconed or intended by these presents to be 
given, gi-anted, aliened, enfeoffed and confirmed, with all and 



ANCIENT GRANTS. 13 

singular y" appurtenances and every part and parccll thereof, 
unto the said Sr. Ferdinando Gorges and Capt. John ^Mason, 
their heyres and assigncs for over, to be holden of liis said 
Majesty, his heirs and successors, as of his Highness Manor of 
East-Greenwich, in the county of Kent, in free and common 
socage, and not in capite or by knights' service. Nevertheless, 
with such except'ions, reservacons, limitacons and declaraeons 
as in the said Letters Patents are at large expressed ; yielding 
and paying unto our Sovereigne Lord the King, his heyres 
and successors, the fifth part of all y*" oaro of gold and silver 
that from time to time, and att all times hereafter, shall bo 
there gotten, had and obtayned, for all services, duties and 
demands. And also yielding and paying unto the said Presi- 
dent and councill, and their successors, yerely the sum of tenn 
shillings English money, if it be demanded. And the said 
President and councill, for them and their successor.s, doe cove- 
nant and grant to and with the said Sr. Ferdinando Gorges 
and Capt. John Mason, their heirs and assigns, from and after 
the ensealing and delivery of these presents, according to the 
purport, true intent and meaning of these presents, that they 
shall from henceforth, from time to time for ever, peaceably 
and quietly have, hold, possess, and enjoy, all y* aforesaid 
lands, islands, rivers, and premises, with y*" aj^purtenances 
hereby before given and granted, or menconed or intended to 
be hereby before given and granted, and every part and parcell 
thereof, without any lett, disturbance, denyal, trouble, inter- 
rupcon, or evacon of or by the said President and councill, or 
any person or persons whatsoever, claiming by, from, or under 
them, or their successors, or by or under their estate, right, 
title, or interest. And y* said President and councill, for them 
and their successors, doe further covenant and grant, to and 
with y" said Sr. Ferdinando Gorges and Capt. John Mason, 
their heyres and assignes, by these presents, that they, y'= said 
President and councill, at all times hereafter, upon reasonable 
request, at y" only proper costs and charges in the law of-y* 
said Sr. Ferdinando Gorges and Capt. John Mason, their heyres 
and assignes, doe make, perform, suffer, execute, and willingly 
consent unto any further act or acts, conveyance or convej'- 
anccs, assurance or assurances whatsoever, for y® good and 



14 NEW-HAMPSHIRE. 

perfect investing, assuring and conveying, and sure making, of 
all the aforesaid porcons of lands, islands, rivers, and all and 
singular there appurtenances, to y" said Sr. Ferdinando Gorges 
and Capt. John Mason, their heyres and assigns, as by them, 
their heires and assignes, or by his or their, or any of their 
councill, learned in the law shall be devised, advised or 
required. And further, it is agreed by and between the said 
parties to these presents, and y^ said Sr. Ferdinando Gorges 
and Capt. John Mason, for them, their heyres, executors, ad- 
ministrators and assignes, doe covenant to and with the said 
president and councill, and their successors, by these presents 
that if at any time hereafter there shall be found any oare of 
gold and silver within the ground in any part of the said 
premises, that then they, the said Sr. Ferdinando Gorges and 
Capt. John Mason, their heyres and assignes, shall yield and 
pay unto the said President and councill, their successors and 
assignes, one fifth part of all such gold and silver oare as shall 
be found within and upon y* premises, and digged and brought 
above ground to be delivered above ground, and that always 
within reasonable and convenient time, if it be demanded after 
the finding, getting, and digging up of such oare as aforesaid, 
without fraud or covin, and according to the true intent and 
meaning of these presents. And the said Sr. Ferdinando 
Gorges and Capt. John Mason doe further covenant for them, 
their heyres and assignes, that they will establish such govern- 
ment in the said porcons of lands and islands granted unto 
them, and the same will from time to time continue, as shall 
be agreeable, as neere as may be to the laws and customs of 
the realme of England ; and if they shall be charged at any 
time to have neglected their duty therein, that thus they well 
conforme the same according to the directions of the President 
and councill ; or in default thereof it shall be lawful for an}" of 
the aggrieved inhabitants or planters, being tenn*' upon y^ said 
lands, to appeal to y'= chief courts of justices of the Pi-esident 
and councill. And y* s'' Sr. Ferdinando Gorges and Capt. 
John Mason doe covenant and grant, to and with y^ said 
President and councill, their successors and assigns, by these 
presents, that they, the said Sr. Ferdinando Gorges and Capt. 
John Mason, shall and will, before the expiracon of three years, 



ANCIENT GRANTS. 15 

to be accompted from the day of the date hereof, have in or 
upon the said porcons of lands, or some part thereof; one 
parte with a competent guard, and ten families at least of his 
Majesty's subjects resident and being in and upon y'' same 
premises; or in default thereof shall and will forfeit and loose 
to the said President and councill the sura of one hundred 
pounds sterling money; and further, that if the said Sr. Fer- 
dinando Gorges and Capt. John Mason, their heiresorassignes, 
shall at any time hereafter alien these pi'emises, or any part 
thereof, to any foraigne nations, or to any person or persons of 
any forraigne nation, without the speciall license, consent, and 
agreement of the said President and councill, their successors 
and assignes, that then the part or parts of the said lands so 
alienated, shall immediately return back to the use of the said 
President and Councill. And further know ye, that y*" said 
President and Councill have made, constituted, deputed, author- 
ized and appointed, and in their place and stead do put Capt. 
JRobert Gorges, or, in his absence, to any other person that 
shall be their governor or other officer, to be their true and 
lawful! attornc}^, and in their name and stead to enter the said 
porcons of lands, and other the premises w'^ their appurtenan- 
ces, or into some part thereof in name of the whole, for them 
and in their name to have and take possession and siezin there- 
of, or some part thereof in name of the whole, so had and 
taken, there for them, and in their names to deliver the full 
and peaceable possession and seizin of all and singular the 
said granted premises unto the said Sr. Ferdinando Gorges 
and Capt. John Mason, or to their certaine attorney or attor- 
neys in that behalf, according to the true intent and meaning 
of these presents, ratifying and confirming and allowing all 
and whatsoever their said attorney shall doe in or about the 
^premises by these presents. In witnesse whereof to one part 
of these present indentures, remaining in the hands of Sir 
Ferdinando Gorges and Capt. John Mason, the said President 
and councill have caused their common seal to be affixed, and 
to the other of these present indentures, remaining in the cus- 
tody of the said President and councill, the said Sir Ferdinan- 
do Gorges and Capt. John Mason have put to their hands and 
seals. Given the day and year first above written. 



16 NEW-HAMPSHIRE. 

Copy from Memorial Volume of the Popham Celebration, 
Appx., p. 121, which purj)ort8 as follows : 

" Fublic Becord Office, London : Colonial Entry Book JNo. 
59 ; pp. 101-108. 

Note. This patent diflfers from the statements of it by Belknap and 
others, in two respects : 

1. The territory granted is to be called the Province of Maine. Else- 
where it is called the Province of Lacouia. 

2. The westerly line is differently described. Here it is, " all that part 
of the main land in New-England, lying upon the sea coast, betwixt the 
rivers Merrimack and Sagadaliock, and to the farthest heads of the said 
rivers, and see forwards up into the land westward imtil three score miles 
he finished fro'tn the first entrance of the aforesaid rivers. 

Belknap, p. 4, says : The next year (1622) another grant was made to 
Gorges and Mason jointly, of all the lands between the rivers Merrimack 
and Sagadahock, extended back to the great lakes and river of Canada, 
and this was called Laconia. 

A copy of the patent of 1622, from the Council of Plymouth, to Mason 
and Gorges, is said to be in the Secretary's office at Boston. 

Williamson, History of Maine, 225, says : Gorges and Mason first 
procured of the Plymouth Council, August 10, 1622, a patent of all the 
country between the Merrimack and Sagadahock, extending from the 
Atlantic unto the rivers Canada and Iroquois, and including the "savage 
nations towards the great lakes." It was called " the Province of Laconia." 

He cites Hub. N. E. 61G. See a certified copy, Feb. 17, 1763, from 
Lords Am. Plan, at Whitehall, in Secretary's office, Boston. 

Palfrey, His. of New-England, 204, says : 1622, March 9, John Mason 
obtained from the council a grant of the lands lying between the little river 
which discharges its waters at Naumkeag, now Salem, and the river 
Merrimack. To this tract extending inland to the sources of those streams 
he gave the name of Maryanna. In the same year the council granted to 
Gorges and Mason the country hounded by the Merrimack, the Kennebech, 
the Ocean and the river of Canada, and this territory they called Laconia. 

Public Record Office., London. 
"1628, 4. A patient to Capt. Jo. Mason and Sir Fr. 
Gorges, for discovery of the Great Lakes. Nothing there- 
in done." See Pop. Cel., App., p. 124 — Ed. 



ANCIENT GRANTS. 17 

Readers will be interested in the following description 
of Laconia, from a work entitled " America painted to the 
Life," published in London, 1658, now found in Coll. 
Maine Hist. Soc., vol. II, pp. 60, 68.— Ed. 

"Among divers plantations of the English, happilj' 
founded in New-England, is a province to the landward, 
called Laconia, so called by reason of the great lakes 
therein ; but by the ancient inhabitants thereof it is called 
the country of the Iroquois \_Troquois in the original]. 

"It lies between the latitude of 44 and 45 degrees, hav- 
ing the rivers Sagadehock and Myrameck on the sea-coast 
of New-England, southerly from it, into each of which 
rivers there is a short passage, frequented by the savages 
inhabiting near the lakes ; also, it hath the great lakes 
which tend toward California in the south sea on the west 
thereof; on the north-east is the great river of Canada, 
into which the said river disgorgeth itself by a fair large 
river well replenished with many fruitful islands. The air 
thereof is pure and wholesome; the country pleasant, hav- 
ing some high hills full of goodly forests and fair vallies, 
and plains fruitful in corn, vines, chestnuts, walnuts, and 
infinite sorts of other fruits ; large rivers well stored with 
fish, and invironed with goodly meadows full of timber 
trees. 

" One of the great lakes is called the lake of Iroquois 
[Lake Champlaiu] which, together with a river of the 
same name, running into the river of Canada, is sixty or 
seventy leagues in length. In the lake are four fair 
islands, which are low and full of goodly woods and mead- 
ows, having store of game for hunting, as stags, fallow- 
deer, elks, roe-bucks, beavers, and other sorts of beasts, 
which come from the main land to the said islands; the 
rivers which fall into the lakes have in them good store of 
beavers, of the skins of which beast, as also of the elks^ 
the salvages make their chiefest traffick. 

" The way over land to this great lake from the Planta- 
2 



18 NEW-HAMPSHIRE. 

tion of Pascataway hath been attempted by Captain "Wal- 
ter Neale, once governor, at the charges of my grand- 
father [Sir Ferd. Gorges], Capt. Mason, and some mer- 
chants of London, and the discovery wanted one day's 
journey of finishing, because their victuals were spent, 
which, for want of horses they were enforced to carry, with 
their arms and their clothes, upon their backs; they in- 
tended to make a settlement for trade by pinnaces upon 
the said lake, which they reckon to be about ninety or 
one hundred miles from the plantation over land." 

Note. — Savage says : Winth. II, p. 81, note. " The great lake of Iro- 
quois, which the grand son of Sir F. Gorges writes about as ascertained by 
Neal to be about ninety or one hundred miles, by land, from Pascataquack 
settlement, was, I am satisfied, the Winipesiogee ! Distances were always 
magnified in the wilderness, and poor Neal was lost in the woods, not far 
from home, when the discovery wanted but one day's journey of being 
finished." 

On the whole, we must agree with Hubbard, that " Laconia " was 
" an imaginary province, supposed to lie up higher into the country. 
But after three years spent in labour and travel," in searching for it, they 
returned back to England with a " non est inventa provincia." — Ed. 

4. The Grant of Massachusetts, from the Council of 
Plymouth, to Sir Henry Roswell and others ; date 
19 March, 1627-8. 

This document is said to be lost. Palf. N. E. 290, note. Its 
substance is preserved, being recited in the two charters of 
Massachusetts. 1 Mass. Charters, 1 and 1 j Mass. Col. Records 
1; 1 Hutchinson Coll. 1. 

No part of it, except the boundaries of the land granted, are 
material in connection with the History of New-Hampshire. 

The description is as follows — 

" All that part of New-England in America aforesaid, which 
lies and extends between a great river there, commonly called 
Monomack, alias Merrimack, and a certain other river there 
called Charles Eiver, being in the bottom of a certain bay 
there, commonly called Massachusetts, alias Mattachusetts, 
alias Massachusetts Bay, and also all and singular those lands 
and hereditaments whatsoever, lying within the space of three 



ANCIENT GRANTS. 19 

English miles, on tho south part of the said Charles Eiver, or 
of any and every part thereof ; and also all and singular the 
lands and tenements whatsoever, lying and being within tho 
space of three English miles to the southward of the southern- 
most part of tho said bay, called Massachusetts, alias Matta- 
chusetts, alias Massatusetts Bay ; and, also, all those lands and 
hereditaments whatsoever, lohieh lie and be within the space of 
three English miles to the northward of the said river, called Mono- 
mack, alias Merrimack, or to the northward of any and every part 
thereof; and all lands and hereditaments whatsoever, lying 
within the limits aforesaid, north and south, in latitude and 
breadth, and in length and longitude of and within all the 
breadth aforesaid, throughout the main lands, those from the 
Atlantic and Western Sea and Ocean on the east part, to the 
South Sea on the west part ; and all lands and grounds, place 
and places, soils, woods and wood-grounds, havens, ports, riv- 
ers, waters, fishings and hereditaments whatsoever, lying 
within the said bounds and limits, and every part and parcel 
thereof." 

Note. It is important to notice the language of this patent relative to 
the northern bounds of Massachusetts, in contrast with the language of 
the Massachusetts historians and writers. The patent, which, in this re- 
spect, is identical with the charter of King James, says : " All those lands 
which lie and be within the space of three English miles to the north- 
ward of the said river Merrimack, or the northward of any and every 
part thereof ;" and all lands lying within the limits aforesaid north and 
south in latitude and breadth ; and in length and longitude, of and with-, 
in all the breadth aforesaid, throughout the main lands there, from the 
Atlantic Ocean to the South Sea." 

5. Charter of King James I, to the Massadmsetts 
Com'panij, dated 4 March, 1628-9. 

This charter is printed at length in 1 Mass. Col. Laws, 1 ; in 
1 Kecords of the Colony of Mass.; and in 1 Hutch. Coll. 1. 
Nothing in it is material to the history of New-Hampshire, ex- 
cepting what relates to tho northern boundary of Massachu- 
setts, and the general powers of establishing courts, laws, &c., 
under which Massachusetts assumed to govern New-Hamp- 
shire. 



20 NEW-HAMPSHIRE. 

The charter recites the establishment of the Council of Ply- 
mouth, its title to New-England, and its grant to Roswell and 
others, of Massachusetts, as before stated. It confirms the 
grant to them, and others named Saltonstall, Cradock, and 
others, who had been admitted associates with them in the 
lands described in that grant. It then grants to the same per- 
sons, their heirs and assigns, the same lands by the same de- 
scription verbatim. It constitutes the grantees a corporation 
by the name of the Governor and Company of the Massachu- 
setts Bay in New-England, with usual powers of corporations, 
" and to make laws and ordinances for the good and welfare 
of the said company, and for the government and ordei^ing of 
said lands and plantation, and the people inhabiting the same, 
BO as such laws be not contrary or repugnant to the laws of 
England." The same power is afterward stated more at 
length, but with the same qualification. 

Note. The principle, now well settled, thatthe powers of every corpora- 
tion are strictly limited to the purposes for which it is instituted, and that 
it can neither acquire nor exercise any powers not necessary or properly 
incident to the purposes of its institution, was not probably as distinctly 
understood in the time of the Massachusetts Colony as they now are. At 
this day it is supposed to be quite clear that a corporation, established for 
the government of a district, defined by distinct limits, coqld not right- 
fully acquire any jurisdiction, either legislative or judicial, over any other 
land, either by request of the inhabitants — as was one of the pretenses of 
right in the case of New-Hampshire — or by conquest, as was the pretense 
in the case of the Pequot country ; or by purchase from the natives, as was 
the pretense in the case of the Narragansett country. 

The rules of construction of the boundaries of land, as described in writ- 
ten instruments, were as well known and distinctly understood in 1630 as 
they now are. They were known to all lawyers, and Gov. Winthrop, 
and others of the leading men of Massachusetts must have known them 
well. 

Precise and specific descriptions are neither extended nor suspended by 
general expressions, but eflect is given to the specific description, so far as 
it extends. 

The charter of Massachusetts granted the property and jurisdiction "of 
all lands which lie within the space of three English miles to the north- 
ward of the river Merrimack, or to the northward of any and every part 
thereof." It is clear that, by these terms, the charter did not include any 
lands which did not lie within three miles to the northward of the Merri- 
mack, or to the northward of some part of it ; and the following general 



ANCIENT GRANTS. 21 

plira<:o : "Aiul all lands lying within the limits aforesaid, north and 
south, in latitude and breadth and in length and longitude of and within 
all the breadth aforesaid, from the Atlantick to the South Sea," could, by 
no legal rules of construction, nor by any interpretation consistent with 
the common sense of terms, be understood to include any land which did 
not lio toithin the Ihnits aforesaid; that is, before described; and which 
wore not within the breadth aforesaid; that is, the breadth particularly set 
forth in the preceding description. 

6. Grant of Neio-IIami) shire to John Mason, hy the 
Council of Plymouth; date 7 Nov., 1629. Pub- 
lished at length in Ilaz. Coll and 1 JSf. II. His. 
Soc. Coll—SOi. 

This indenture, made the seventh day of November, Anno 
Domini one thousand six hundred twenty-nine, and in the 
fifth 3'ear of the reign of our Sovereign Lord, Cliarles, by tlie 
grace of God King of England, Scotland, France and Ireland, 
defender of the faith, &c., between the President and Council 
of New-England on the one part, and Captain John Mason, of 
London, esquire, on the other party : witnesseth, that whereas 
our late Sovereign Lord, of famous memory, King James, for 
the making of a j)lantation and establishing a colony or colo- 
nys in the country, called or known by the name of New- 
England, in America, did, by His Highness's Ietter8-i:)atent8, 
under the great seal of England, bearing date at Westminster 
the third day of November, in the eighteenth year of his 
reign, give, and grant, and confirm unto the right-honorable 
Lodiwick, Duke of Lenox; George, Marques of Buckingham; 
James, Marques Hamilton ; Thomas, Earl of Arundel ; Eobert, 
Earl of Warwick; Sir Ferdinando Gorges, Knight, and divers 
others, whoso names are expressed in the said letters-patents, 
their heirs and assigns, that they shall be one bod}' politick 
and corporate perpetual, and that they should have perpetual 
succession, and one common seal or seals, to serve for the said 
body ; and that they and their successors shall bo known, 
called and incorporated by the name of the President and 
Council established at Plymouth, for the planting, ruling and 
governing of New-England in America ; and also did, of his 
especial grace, certain knowledge and nicer motion for him, his 



22 NEW-HAMPSHIRE. 

heirs and successors, give, grant and confirm unto the said 
President and Council, and their successors, under the reserva- 
tions, limitations and declarations in the said letters-patent 
expressed, all that part and portion of country now common- 
ly called New-England, which is situate, lying and being be- 
tween the latitude of forty degrees and forty-eight northerly 
latitude, together with the seas and islands lying within one 
hundred miles, of any part of the coast of the country afore- 
said; and also all the said soil, ground, havens, ports, rivers, 
mines, as well royal mines of gold and silver, as other mines 
and minerals, pearls and pretious stones, woods, quarries, 
marshes, waters, fishings, huntings, hawkings, fowlings, com- 
modities, and hereditaments whatsoever; together with all pre- 
rogatives, jurisdictions, royalties, privileges, franchises and pre- 
heminences within any of the said territories and the precincts 
thereof whatsoever, to have, hold, possess and enjoy all and 
singular the said lands and premises in the said letters-patents 
granted, or mentioned to be granted, unto them, the said Presi- 
dent and Council, their successors and assigns for ever ; to 
be holden of His Majesty, his heirs and successors, as of His 
Highness' manor of East-Greenwich, in the county of Kent, in 
free and socage, and not in capite, or by knight's service, 
yielding and paying to the King's Majesty, his heirs and suc- 
cessors, the one fifth part of all gold and silver ore that from 
time to time, and from all times from the date of said letters 
patents, shall be thus gotten, had or obtained, for all services, 
duties or demands, as in and by his said highness's said letters 
patents, amongst divers other things therein contained, more 
fully at large it doth and may appear. 

And whereas the said President and Council have, upon 
mature deliberation, thought fit, for the better furnishing and 
furtherances of the plantations in those parts to appropriate 
and allot to several and particular persons divers parcels of 
lands within the precincts of the aforesaid granted premises 
by his Majesty's said letters patents : Now this Indenture 
witnesseth that the said President and Council, of their free 
and mutual consent, as well to the end, that all their lands, 
woods, lakes, rivers, waters, islands and fishings, with all the 
traffic, profits and commodities whatsoever, to them or any of 



ANCIENT GRANTS. 23 

them belonging, and hereafter in these presents mentioned, 
may bo wholly and entirely invested, appropriated, served and 
settled in and upon the said Captain John Mason, his heirs and 
assigns for ever, as for divers special services for the ad- 
vancement of the said plantation, and other good and sufficient 
causes and considerations, them especially, thereunto moving, 
have given, granted, bargained, sold, assigned, aliened, set 
over, enfeoffed and confirmed, and by those presents do give, 
grant, bargain, sell, assign, aliene, set over, enfeoff and confirm 
unto the said Captain John Mason, his heirs and assigns, all 
that part of the mainland in New-England lying upon the sea- 
coast, beginning from the middle part of Merrimack river, 
and from thence to proceed northwards along the sea-coast to 
Pascataqua river, and so forwards up within the said river and 
to the furtherest head thereof, and from thence north-west- 
ward, until three score miles be finished from the first entrance 
of Pascataqua River ; also from Merrimack through the said 
river and to the furtherest head thereof, and so forwards up 
into the lands westwards, until three score miles be finished ; 
and from thence to cross over land to the three score miles 
end accompted from Pascataqua river, together with all islands 
and isletts within five leagues distance of the premises, and 
abuting upon the same, or any part or parcel thereof, as also 
all lands, soils, grounds, havens, ports, rivers, mines, minerals, 
pearls, pretious stones, woods, quarries, marshes, fishings, 
huntings, hawkings, fowlings, and other commodities and 
hereditaments whatsoever, with all and singular their appur- 
tenances, together with all prerogatives, rights, royalties, 
jurisdictions, privileges, franchises, liberties, preheminences, 
marine power, in and upon the said seas and rivers, as all 
escheats and casualties thereof, as flotsam, jetson, lagan, with 
anchorage and other such ditties, immunities, scotts islets (?) and 
appurtenances whatsoever, with all the estate, right, title, in- 
terest, claim and demand whatsoever, which the said Presi- 
dent and Council, and their successors, of right ought to have 
or claim in or to the said portions of lands, rivers, and other 
premises, as is aforesaid, by reason or force of his Ilighncss's 
8aid letters patents, in as free, large, ample and beneficial man- 
ner, to all intents, constructions and purposes whatsoever, as 



24 NEW-HAMPSHIRE. 

in and by the said letters patents, the same are amongst other 
things granted to the said President and Council aforesaid ; 
except two fifths of the ore of gold and silver in these presents 
hereafter expressed, which said portions of lands, with the 
appurtenances, the said Capt. John Mason, with the consent of 
the President and Council, intends to name New-Hampshire. 
To have and to hold all the said portions of lands, islands, 
rivers and premises, and all and singular other the commodi- 
ties and hereditaments hereby given, granted, aliened, enfeoff- 
ed and confirmed, or mentioned or intended by these presents 
to be given, granted, aliened, enfeoffed and confirmed, with 
all and singular the appurtenances and every part and parcel 
thereof, unto the said Capt. John Mason, his heirs and assigns 
forever ; to be holden of his said Majesty, his heirs and suc- 
cessors, as of his Highness's manor of East Greenwich, in the 
county of Kent, in free and common socage, and not in capite 
or by knight's service. Nevertheless, with such exceptions, 
reservations, limitations and declarations, as in the said letters 
l^atents are at large expressed ; yielding and paying unto our 
Sovereign Lord, the King, his heirs and successors, the fifth 
part of all the ore of gold and silver, that from time to time 
and at all times hereafter shall be there gotten, had and ob- 
tained for all services, duties and demands ; and also yielding 
and paying unto the said President and Council, and their 
successors, yearly, the sum of five shillings, English money, if 
it be demanded, and the said President and Council for them 
and their successors, do covenant and grant to and with the 
said Capt. John Mason, his heirs and assigns, from and after 
the sealing and delivery of these presents, according to the 
purport, true intent and meaning of these presents, that he 
shall from henceforth, from time to time forever, peaceably 
and quietly have, hold, possess and enjoy, all the aforesaid 
lands, islands, rivers and premises, with the apj)urtcnances 
hereby given and granted, or mentioned and intended to be 
hereby given and granted, and every part and parcel thereof, 
•without any lett, disturbance, denial, trouble, interruption, or 
eviction, of or by the said President and Council, or any per- 
son or j)ersons whatsoever, claiming by, from or under them 
or their successors, or by or under their estate, right, title, or 
interest. 



ANCIENT GRANTS. 25 

And the said President and Council, for them and their suc- 
cessors, do further covenant and grant to and with the said 
Capt. John Mason, his heirs and assigns, by these presents, 
that they, the said President and Council, shall, at all times 
hereafter, upon reasonable request, at the proper cost and 
charges of the said John Mason, his heirs and assigns, do, 
make, perform, suifer, execute and willingly consent unto any 
further act or acts, conveyance or conveyances, assurance and 
assurances whatsoever, for the good and perfect investing, as- 
suring, conveying and sure making, of all the aforesaid por- 
tions of lands, rivers, and all and singular the appurtenances 
to the said Capt. John Mason, his heirs or assigns, as bj' their 
or any of their council, learned in the law, shall bo devised, 
advised, or required. 

And, further, it is agreed by and between the said parties to 
these presents, and the said Capt. John Mason for him, his 
heirs and assigns, doth covenant to and with the said Presi- 
dent and Council, and their successors, by these presents, that if 
at anytime hereafter there shall be found any ore of gold and 
silver within the ground in any part of the premises, that then 
he, the said Capt. John Mason, his heirs and assigns, shall yield 
and pay unto the said President and Council, their successors 
and assigns, one fifth part of all such gold and silver ore as 
ehall be found in and upon the premises, and brought above 
ground to be delivered above ground, and that always within 
reasonable and convenient time, if it be demanded after the 
finding, digging and getting up of such ore as aforesaid, with- 
out fraud or covin, and according to the true intent and mean- 
ing of these presents. And the said Capt. John jMason doth 
further covenant for him, his heirs and assigns, that he will 
establish such government in the said portion of hinds and 
islands granted unto him, and the same will from time con- 
tinue, as shall be agreeable, as near as may be, to the laws and 
customs of the realm of England ; and if he shall be charged 
at any time to have neglected his duty therein, that then he 
will reform the same, according to the discretion of the Presi- 
dent and Council; or, in default thereof, it shall be lawful for 
any of the aggrieved inhabitants or planters, being tenants 
upon the said lands, to appeal to the chief court of justice, of 



26 NEW-HAMPSHIRE. 

the said President and Council. And further, that if the said 
Oapt. John Mason, his heirs or assigns, shall, at any time here- 
after, alien these premises, or any part, to any foreign nations, 
or to any person or persons of any foreign nation, without the 
special license, consent and agreement of the said President 
and Council, their successors and assigns, that then the part or 
parts of the lands so aliened shall immediately return back 
again to the use of the said President and Council. 

And further know ye, that the said President and Council 
have made, constituted, deputed, authorized and appointed, 
and, in their stead and place, do put Capt. Walter Neal, or, in his 
absence, any other person who shall be their governor or other 
oflScer, to be their true and lawful attorney, and, in their name 
and stead, to enter the said portion of lands and other the 
premises, with their appurtenances, or into some part thereof, 
in the name of the whole, for them, and in their names to have, 
and take possession and seizin thereof, or of some part thereof, 
in the name of the whole, so had and taken, then for them, 
and in their names, to deliver the full and peaceable possession 
and seizin of all and singular the said granted premises unto 
the said Capt. John Mason, or his certain attorney or attorneys, 
in that behalf, according to the true intent and meaning 
of these presents; ratifying, confirming and allowing all and 
whatsoever the said attorney shall do in and about the prem- 
ises by these presents. 

In witness whereof to one part of this present indenture re- 
maining in the hands of Capt. John Mason, the said President 
and Council have caused their common seal to be affixed ; and 
to the other parts of these present indentures, remaining in 
the custody of the said President and C'ouncil, the said Capt. 
John Mason hath put to his hand and seal, given the day and 
year first above written. — Haz. Coll. 

Note. It is said the patent to Capt. Mason for New-Hampshire in 
1629 was made in pursuance of an agreement of Mason and Gorges to make 
the Piscataqua the divisional line between them. 1 Wim'n 236. But there 
is no indication that any new patent was issued to Gorges for the part of 
their joint grant which lay east of the Piscataqua. See 1 Belk. N. H. 
8 ; who says it is not easy to conceive why the western boundary should 
be contracted to sixty miles from the sea, if there was an agreement be- 
tween them to divide the province of Laconia, and take out new patents 
from the Council in preference to making a deed of partition. 



ANCIENT GRANTS. 27 

7. The Patent of the Plymouth Council to Sir Fercli- 
nando Gorges and Capt. John 3Iason, of Laconia ; 

date Nov. 27, 1629. 

In tho petition of Robert Mason to the King, No. 22 of the 
Appendix of Belk. N. II., it is thus stated, after reciting tho 
grants of tho Council of 9th of March, 1G21, 10 August, 1622, 
7 Nov., 1629, and 22 April, 1635 : 

" And also tho said Capt. John Mason, together with Sir 
Ferdinando Gorges, Knt. was enfeoffed by the aforesaid Council 
of New-England, in other lands, by the name of Laconia, by 
their deed bearing date the 27th day of November, 1629 j the 
Baid lands lying and bordering upon the great lakes and rivers 
of the Iroquois, and other nations adjoining." 

Of this patent I have met no further account. Tho earlier 
writers seem all to understand that the grant of Laconia, 
extending hack to the great lakes and river of Ckniada, was the 
patent of 1622. 

Thus Belknap, N. H., 4j "Tho next year (1622) another 
grant was made to Gorges and Mason jointly of all the lands 
between tho rivers Merrimack and Sagadahock, extending 
back to the great lakes and river of Canada, and this was 
called Laconia." 

So Palfrey, N. E. 397, in a list of grants made or alleged to 
be made by the Council for New-England, says : " 1622, Aug. 
10. To Gorges and Mason, of Laconia, extending along tho 
coast from the Merrimack to the Kennebeck." And page 202, 
"In the same year [1622], Aug. 10, the Council granted to 
Gorges and Mason, the country bounded by the Merrimack, 
the Kennebec, the ocean, and tho river of Canada, and this 
territory they called Laconia." 

Williamson, Maine, 225, says : " Gorges and Mason pro- 
cured of the Plymouth Council, August 10, 1622, a patent of 
all the country between tho 3Icrrimack and Sagadahock, ex- 
tending from tho Atlantic into the rivers Canada and Iroquois, 
and including tho savage nations towards the great lakes. It 
was called the Province of Laconia. 

It is not till the publication of the copy of the patent of 
1622, in the appendix of the memorial of the Popham celebra- 



28 NEW-HAMPSHIRE. 

tion, 121, that we find the land granted called the Province of 
Maine. The western boundary, as extending to the furthest 
heads of the said rivers and sea, forwards up into the land 
westward, until three-score miles be finished from the first 
entrance of the aforesaid rivers. 

Note By the Editor. In " The case of his Majesty's Province of 
New-Hampshire, upon two appeals relating to the boundaries between 
that Province and the Province of the Massachusetts Bay, to be heard 
before the Kight-Honorable, the Lords of the Committee of His Majest}''s 
Most Honorable Privy-Council, for hearing appeals from the planta- 
tions, at the Council Chamber at Whitehall," 6th of February, 
1637, and 20th July, 1738, nothing is said on either side — no mention 
even of any grant to Gorges and Mason, of August 10, 1622, or of Nov. 
27, 1629. The only grants referred to and relied on by the parties in 
controversy were that to Massachusetts, March 4, 1628, confirmatory of 
the grant to Sir Henry Roswell, March 19, 1627; that to Capt. Mason, 
November 7, 1029, and that to Ferdinando Gorges, April 3, 1639 ; the infer- 
ence is, that all the other grants had failed, through some defect, infor- 
mality, or want of compliance with conditions. Especially was this the 
case, I apprehend, of the grant, 10th Aug. 1622, of the "Province of 
Maine," and, also, that called " Laconia," whenever made. 

8. Grant of the Council of Plymouth to Edioard 
Hilton and his associates, of Hilton's Point and 
the south side of the river ; date, Spring 0/ 1631. 

Belknap's account of this grant is as follows : " The west 
country adventurers were not less attentive to their interest, 
for, in the following Spring [1631] they obtained a patent 
from the Council, whereby " all that part of the river Pascata- 
qua, called or known by the name of Hilton's Point, with the 
south side of the said river, up to the falls of Squamscot, and 
three miles into the mainland for breadth," was granted 
to Edward Hilton. This patent, sealed with the common seal 
of the Council, and subscribed by the Earl of Warwick, sets 
forth that Hilton and his associates had, at their own proper 
cost and charges, transported servants, built houses, and plant- 
ed corn at Hilton's Point, now Dover, and intended the further 
advancement of the plantation. William Blackstone, William 
Jeffreys, and Thomas Lewis, or either of them, were im- 
powered to give possession of the premises ; which was done 



ANCIENT GRANTS. 29 

by Lewis, and livery and seizin endorsed. — Ms. copy in pro- 
prietary office. "Within these limits (Dr. Belknap erroneously 
adds) are contained the towns of Dover, Durham and Strat- 
ham, with part of Nowington and Greenland. It w^as com- 
monly called Squamscot Patent, but sometimes Bloody-Point 
Patent. It was also called Hilton's Patent, and Hilton's Point 
Patent. It included only Hilton Point in Dover, now called 
Dover Neck, and no part of Durham. He refers to a manu- 
script copy in the proprietary's ofiSce. 

Note. No document, relating to New-Hampshire, has been so grossly 
misrepresented as this. It is persistently called, in the Massachusetts Rec- 
ords, and by Governor Winthrop, the two patents of Hilton's Point, and 
the south side of the river, Pascataquack, or Squaniscot. It is represented 
as if it covered all New-IIampshire whereas, it covered only Hilton's 
Point, not exceeding three thousand five hundred acres on the north 
side of the river, and the whole did not exceed a township five miles 
square, or sixteen thousand acres. Its extent and limits, and to some 
extent its ownership, will appear in a record of the partition made by 
the Massachusetts Court, of which a record will be found hereafter. 
It is represented that the surrender of the jurisdiction of this patent by its 
owners to Massachusetts, covered Portsmouth, which was true only of 
that part of Portsmouth which is included in Newington ; and even that 
was claimed by Portsmouth as belonging to them, and not to the Squam- 
scot Patent. 

9. Grant of the Council of Plymouth to Sir Ferdincmdo 
Gorges and others, of the loioer j^lantation on the 
Piscataqua ; date, Sjyring of 1631. 

Dr. Belknap gives the following account anci abstract of this 
grant — Far. B. 9 : 

" London adventurers also thought it prudent to have some 
security for the interest which they had advanced, and accord- 
ingly obtained a grant from the Council of ' That part of tho 
patent of Laconia on which the buildings and salt-works wero 
erected, situate on both sides the harbor and river of Pascata- 
qua, to tho extent of five miles westward by the sea coast ; 
then to cross over towards tho other plantation in the hands 
of Edward Hilton.' — Hutch., vol. 1, j). 310. The grantees 
named in this patent were Sir Fcrdiuando Gorges, Capt. John 



30 NEW-HAMPSHIRE. 

Mason, John Cotton, Henry Gardner, George GriflSth, Edwin 
Gay, Thomas Warnerton, Thomas Eyre, and Eliezer Eyre, 
who, it is said, had already expended three thousand pounds 
in the undertaking. They were to pay forty-eight pounds per 
annum, by way of acknowledgment to the President and 
Council, if demanded. — Hubbard Ms. (P. 216 of printed 
copy.) Captain Camocke, a relation of the Earl of Warwick, 
with Henry Jocelyn, who were then intending a voyage 
hither, were appointed to put the grantees in possession. 
Within this patent are comprehended the towns of Ports- 
mouth, Newcastle, Rye, with part of Newington and Green- 
land." 

In a note, Belknap says : " Mr. Hubbard says that this pat- 
ent was in the hands of some gentlemen of Portsmouth, when 
he wrote. I have seen no copy of it but what is preserved in 
his manuscrijDt history. There is, among the ancient files in 
the Recorder's Office, an invoice of goods sent over in 1G31, 
subscribed by all the above names, except the last, in whose 
stead is subscribed William Giles." 

Mr. Hubbard (Gen. His. of N. E., 215) says, speaking of the 
Piscataqua settlements : " Sir Ferdinando Gorges and Captain 
John Mason might have had a principal hand in carrying on 
that design, but were not the sole pi-oprietors therein ; there 
being several other gentlemen that were concerned therein ; 
and, till after the year 1631, there seems to have been not 
many other buildings considerable erected in any other place 
about Pascataqua River ; all which is evident by an indent- 
ure, yet extant, in the hands of some gentlemen now living at 
Portsmouth, a town seated down near the mouth of the said 
river, wherein are these words : 

" ' This indenture, made the 3d day of November, 1631, be- 
tween the President and Council of New-England, on the one 
part, and Sir Ferdinando Gorges, Captain John Mason, John 
Cotton, Henr}' Gardner, George Griffith, Edwin Guy, Thomas 
Wannerton, Thomas Eyre, and Eleazer Eyre, on the other 
part, witnesseth,' &c. After which is added, 'foreasmuch 
as the forementioned have, by their agents there, taken great 
pains and spent much time in discovery of the country, all 
which hath cost them (as we are credibly informed) three 



ANCIENT GRANTS. 31 

thousand pounds and upwards, which, hitherto, they arc whol- 
ly out of purse, for, upon hope of doing good for time to come 
to the public, and for other sufficient causes and considera- 
tions, the said President and Council especially moving, have 
given, granted, bargained, sold, offcoffcd and confirmed to Sir 
Fordinando Gorges and the rest, an house, with all the privi- 
leges thereunto belonging, wherein Captain Neal and the 
colony with him do, or lately did, reside.' Among other things, 
there is also added salt-works, lying and being situate near the 
harbor of Pascataqua, with all the lands adjoining, that run 
along five miles westward by the sea coast, and to cross over 
in an angle of three miles' breadth towards a plantation in 
the hands of Edward Hilton, supposed to bo about Dover, and 
BO towards Exeter." 

And for this grant, by way of acknowledgment, or some- 
thing of like nature, as is expressed in the indenture, they 
were to pay £48 per annum to the President and Council of 
New-England, if demanded. In the same indenture it is 
added, that they gave power to Captain Cammocke and Mr. 
Jocelyn, as their attorneys, to put them into possession 
thereof, which was surely to be understood by way of anticipa- 
tion ; for it is known that Captain Cammocke (who is said to 
be related to the Earl of Warwick) and Mr. Jocelyn were in 
England at the time when this indenture is dated, and neither 
of them came to New-England till about the year 1633. This 
indenture of November 3d, 1031, hath no other subscription 
in the bottom of it but this : 

" Ilcec copia dehite examinata verbatim inventa est concordare 
cum originati. Per me notarium infra testatum sacra regia 
authoritate admissum etjuratum, Londini commorantem, hoc 11 die 
Januarii, 1631. 

Tho. de Wache, Notar. Publ" 

This indenture, though without any hand or seal annexed, 
seems to be of as much force as other instruments of like 
nature produced on such like accounts at tho present time. 



32 NEW-HAMPSHIRE. 

10. Grant: Council of Plymouth to Captain John 
Mason, fro7n Nawnkeag to Piscataqua ; date, 22 
Aj^ril, 1635. Abstract, 1 BelJc, 14. Areegment 
for the Grant, 1 iV. H. His. Soc. Coll, 311. 

" Forasmuch as by a mutual agreement, we, whose names 
are subscribed, patentees or adventurers, and of the Council, 
are to join in the surrender to His Majesty of the Great 
Charter of that country, which was granted to us in the 18th 
year of the reign of King James of blessed memory; in whose 
presence, February 3, 1634, lots were drawn, for settling of 
divers and sundry divisions of lands on the sea coasts of said 
country, upon most of us, who hereto have never been con - 
firmed in the lands so allotted; and to the intent that every 
one of us, accoi'ding to equity, and in some reasonable man- 
ner, answerable to his adventures or other interest, may enjoy 
a proportion of the lands of the said country to be immedi- 
ately holden of His Majesty. 

We do therefore condescend and agree that all the part of 
the sea-coast of the country aforesaid, shall belong to Captain 
John Mason, to begin at the middle of Naumkeek river, and 
from thence to proceed eastward along the sea-coast to Cape 
Ann, and round about the same into Piscataqua harbor, and 
80 forward up the river of JSTewitchawannack, and to the fur- 
thest head of said river, and from thence northwestward till 
sixty miles be finished from the first entrance of Piscataqua 
harbor. Also from Naumkeek through the harbor and river 
thereof up into the land west sixty miles; from which period 
to cross over land to the sixty miles end accounted fi'om Pis- 
cataqua through Newichwannock river, and into the said land 
northwest as aforesaid ; and hereunto is to belong the south 
half of the Isle of Shoals, and ten thousand acres of land on 
the southeast part of Sagadehock, at the mouth or entrance 
thereof, saving and reserving out of this division to every one 
that hath any lawful grants of lands or plantation lawfully 
settled in the same, the free holding and enjoying of his right, 
with the liberties thereunto appertaining, laying down his 
jura regalia, if he have any, to the jjroprietor of his division 



ANCIENT GRANTS. 33 

•wherein his land with and paying some small acknowl- 
edgment, for that ho is now to hold his said land anew of the 
proin-iotor of his division. 

Lenox, Edward Gorges, 

Hamilton, Ferd. Gorges. 

Arundel & Surry, 

Carlile, 

Starling, 

Concordat cum originali facta collatione. Per me : Thomas 
Ma YD WELL, Notar. Publicum. — Hubbard's New-Eng., 231. 

GRANT. 

From Hazard's State Papers, 1 N. 11. His. Sac. Coll. 313. 

To all Christian people unto whom these presents shall 
come, the Council for the affayres of New-England in America 
send greeting in our Lord God everlasting : 

Whereas our late Sovereign Lord King James, of blessed 
memory, by his highness's letters patents under the Great Seal 
of England, bearing date at Westminster, the third day of 
November, in the eighteenth year of his reign, over his high- 
ness's realme of England, for the consideration in the said 
letters patents expressed and declared, hath absolutely given, 
granted, and confirmed unto the said Counsell and their suc- 
cessors, for ever, all the land of New-England, in America, ly- 
ing and being in breadth from fourty degrees of northerly 
latitude, from the equinoctiall line, to fourty-eight degrees of 
the said northerly latitude inclusively, and in length of and 
within all the breadth aforesaid from sea to sea, together with 
all the firm lands, soyles, grounds, havens, ports, rivers, wa- 
ters, fishings, mines, and in mineralls, as well as royall mines 
of gould and silver, as other mines and minerals, pretious 
stones, quaries, and all and singular other commodities, juris- 
dictions, royalties, privilcdges, franchises, prehcminences, both 
within the said tract of land upon the mayn, and also within 
the yslands and seas adjoining, as the said letters pattcnts 
among divers other things therein contained, more at large 
doth and may appeare. 
3 



o4 NEW-HAMPSHIRE. 

Now, know all men by these presents, that the said Counsell 
of New-England, in America, being assembled, in public court, 
according to an act made and agreed upon, the third day of 
February last past, before the date of these presents, for divers 
good causes and considerations them unto especially moving, 
have given, granted, aliened, bargained and sold, and in and 
by these presents do, for them and their successors, give, grant, 
alien, bargane, sell and confirm unto Capt. John Mason, Esq., 
his heyers and assigns, all that part of the mainland of New- 
England aforesaid, beginning from the middle of Naumkeek 
river, and from thence to proceed eastwards, along the sea- 
coast, to Cape Anne, and round about the same to Pischata- 
way harbor, and so forwards up within the river of Newgaw- 
anacke, and to the furthest head of said river, and from thence 
Northwestwards till sixty miles bee finished, from the first 
entrance of Pischaqua harbour, and also from Naumkeeke, 
through the river thereof, up into the last west sixty miles, 
from which period to cross over land to the sixty miles, and 
accompted from Pischataway, through Newgewanacke river, 
to the land northwest aforesaid ; and also all that the south 
half of the Isles of Shoals, all which lands with the consent of 

the Counsell shall from henceforth be called New-Hampshire • 

f 

and also ten thousand acres more of land in New-England 
aforesaid, on the southeast part of Sagadihoc, at the mouth or 
entrance thereof, from henceforth to be called by the name of 
Massonia; together with all and singular, havens, harbors> 
cricks and yslands inbayed, and all islands and isletts lying 
within five leagues distant of the mayne land, opposite and 
abutting upon the premises or any part thereof, not foi-merly 
lawfully granted to any by spetiall name ; and all mines, min- 
erals, quaries, soyles and woods, marshes, waters, rivers, lakes, 
fishings, hawkings, hunting and fowling, and all other royal- 
tys, jurisdictions, privileges, preheminences, profitts, comodi- 
tys, and hereditaments whatsoever, with all and singular theire 
and every of theire appurtenances, and together, alsoe, with 
all rents reserved, and the benefits of all profitts due, to the 
said Council and their successors, with power of judicature in 
all causes and matters whatsoever, as well criminall, capitall 
and civil, arising, or which may hereafter arise, within the 



ANCIENT GRANTS. 35 

limits, bounds and precincts aforesaid, to be exorcised, and 
executed, according to the laws of England, as neero as may 
be, by the said Capt. John Mason, his heycrs and assignes, or 
his or their deputys, leeftenants, judges, stewards or officers 
thereunto by him or them assigned, deputed or appointed from 
tyme to tyme, with all other priviledges, frantises, libertys, 
immunitys, escheats and causuallitys thereof, arising, or which 
shall or may hereafter arise, within the said limits and pre- 
cincts, with all the right, title, claime, and demand whatsoever, 
which the said Counsell or their successors now of right have, 
or ought to have or claim, or may have or acquire hereafter, 
in or to the said portions of lands or islands, or any of the 
premises; and in as large, free, ample, beneficial a manner, to 
all intents, constructions, and purposes whatsoever, as the said 
Counsell, by virtue of his said Majcstys said letters pattents, 
may or can grant the same ; saving and always reserving unto 
the said Counsell and their successors, power to receive, heare 
and determine all and singular, appeale and appeales of every 
person and persons whatsoever, dwelling or inhabiting within 
the said torritorys and islands, or any part thereof, so granted 
as aforesaid, of and from all judgments, and sentences what- 
soever given within the said lands and territory aforesaid ; to 
have and to hould all and singular the lands and premises 
above, by these presents granted (except as before excepted), 
with all and all manner of profitts, commoditys, and heredita-* 
ments whatsoever, within the lands and precincts aforesaid, to 
the said lands, islands and premises, or any part of them, any- 
wise belonging or appertaining unto the said Capt. John Mason, 
his heyers and assignes, to the only proper use and behoof of 
him the said Capt. John Mason, his heyers and assignes for 
ever, to be houlden of the said Counsell and their successors, 
per gladium commitatis, that is to say, by finding four able 
men, armed and arayed for the ware, to attend upon the 
Governor of New-England for the public service, of within 
fourteen days after any warning given; yielding and paying 
unto the said Counsell and their successors for ever, one fifth 
part of all the ore of the mines of gould and silver which 
shall be had, possessed or obtayned within the limits or pre- 
cincts aforesaid, for all rents, services, dutys, and demands 



36 NEW-HAMPSHIRE. 

whatsoever, due unto the said counsell and their successors 
from any plantation within the precincts aforesaid, the same 
to be delivered unto his majesty's receiver, his deputy or 
deputys assigned for the receipt thereof, to the use of his 
majesty, his heyres and successors, from tyme to tyme, within 
the lands, precincts and territorys of New-England aforesaid. 
And, lastly, the said council have deputed and authorized and 
appointed, and in their place and stead have put Henry Joce- 
lyn, Esq., and Ambrose Gibbins, gentle, or either of them, to 
be their true and lawful attorney and attoi-nies for them, and, 
in their name and stead to enter into the said lands and other 
the premises, with their apj)urtenances or any part thereof, 
in the name of the whole, and take quiet and peaceable 
possession and seizin thereof; so had and taken aforesaid, then 
to deliver these same unto, the said Capt. John Mason, his 
heyers or assignes, or to his or their certen atturney or attur- 
neys, to be by him or them deputed on that behalf, according 
to the purport, true intent and meaning of these presents. In 
witness whereof, they, the said counsell, have hereunto affixed 
their common seal, dated two and twenteth day of April, in 
the eleventh yeare of the reigne of our Sovereign Lord 
Charles, by the grace of Crod King of England, Scotland, 
France and Ireland, Defender of the Faith, Anno Domini 
1635. Sealed with the seal of the said Counsell thereto ap- 
pended. 

Vera copia — Fred. Ixem, Not. Publicus. 

11. Charter: Charles I to Ccqjt. John Mason, 

All that is known to me on this subject, is found 1. F. Belk. 
14, note : 

" Whether Capt. Mason had his title confirmed by the King, 
after the surrender of the Great Charter, is a point that has 
been questioned. I shall here collect what evidence I have 
met with on both sides. 

In a pamphlet published in 1728, containing a detail of the 
grants and transactions of Capt. Mason, it is said, " King 
Charles I, by charter dated Aug. 19, 1635, gives, grants and 
confirms unto Capt. John Mason, then called treasurer and 
paymaster of his army, his heirs and assigns, all the aforesaid 



ANCIENT GRANTS. 37 

tract of land, granted to him by the council of Plymouth, by 
the name of the Province of New-Hampshire ; with power of 
government, and as ample jurisdiction and prerogatives as used 
by the Bishop of Durham ; creating him and his aforesaids 
absolute lords and proprietors of the Province of New-Hampshire, 
with power of conferring honors, &c. On this authority, I 
suppose, Douglas has asserted the same thing. — Doug. Sum. 1, 
418. 

On which Hutchinson (His. Mass. 1, 317) remarks : "This 
is not probable. His heirs were certainly unacquainted with 
it, or they would have made mention of it before the King in 
Council in 1691." 

The report of the Lords Chief Justices in 1677, wherein 
the several grants are recited, makes no mention of this. But, 
on the contrary, it is said, '^ As to Mr. Mason's right of gov- 
ernment within the soil he claimed, their Lordships, and, indeed, 
his own counsel, agreed he had none ; the great council of 
Plymouth, under whom he claimed, having no power to trans- 
fer government to any." The Lords of Trade, in a report to 
the King in 1753, say " It is alleged that this last grant to 
Mason was ratified and confirmed to the Crown hj charter, 
dated Aug. 19, 1635, with full power of civil jurisdiction and 
government; but no such eharter as this ajypears ujjon record. 

None of Mason's heirs ever attempted to assume govern- 
ment by virtue of such a charter as the heirs of Gorges did 
in the province of Maine, llobert Mason was appointed 
counsellor by mandamus, and Samuel Allen, who purchased 
the title, was Governor by commission from the Crown. 

George Vaughan, in a letter to Gibbons, 10th April, 1636, 
1 Belk., Appx. 11, says : "I spoke with Sir Ferdinando Gorges. 
He tells me he is getting a patent for it [his own division] 
from the King, from Piscataqua to Sagadehock, and that be- 
tween Merrimack and Piscataqua he left for Mr. Mason, xcho, 
if he had lived, ivould a took a patent for that also ; and so I 
suppose the affairs of Laconia is dead." 

No allusion is made to such a charter in Mason's Petition 
to the King, probably, in 1676. F. Belk., App. 22, where his 
title seems fully stated. 



38 NEW-HAMPSHIRE. 



LACONIA. 

[Since the foregoing grants were in type, a copy of the " Grant by the 
Presid't and Council of New-England, of Laconia, to Gorges and Mason. 
17 November, 1629," has been obtained from the office of Secretary of 
State, Mass. — Ed.] 

The said grant included "all those lands and countrys h'ing 
" adjacent or bordering upon the great lake or lakes or rivers, 
" commonly called or known by the name of the Eiver and 
"Lake or Rivers and Lakes of the Iroquois, a Nation or Na- 
" tions of savage people, inhabiting up into the landwards 
"betwixt the lines of west and north west, conceived to pass 
"or lead upwards from the rivers of Sagadahock and Merimack 
" in the country of New-England aforesaid, together also with 
" the Lakes and Rivers of the Iroquois and other nations adjoin- 
" ing, the middle part of which Lake is situated lying neer about 
"the latitude of forty -four or forty -five degrees, reckoned from 
" the equinoctial line northwards, as also all the lands, soils and 
"grounds within ten miles of any part of the said lakes or 
"rivers on the south or east part thereof, and from the west 
" end or sides of the said lakes or rivers so far forth to the 
" west as shall extend half way into the next great lake to the 
"westward, and from thence northwards into the north side 
"of the main river which runeth from the great and vast west- 
"ern lakes and falleth into the river of Canada, including all 
" the Islands within the precinct or perambulation described. 

" Said Ferdinando Gorges and Capt. John Mason shall and 
" will, before the expiration of three years, to be accounted 
" from the day of the date hereof, have in or upon the said 
" portions of lands, or some part thereof, one fort, with a com- 
" petent guard and ten familys at the least of his Majesty's 
" subjects, resident and being in and upon the same premises, 
" or in default thereof, forfeit and loose to the President and 
"Council the sum of one hundred pounds, &c. 

" By the said grant moreover, it shall and may be lawful for 
" the said Sir Ferdinando Gorges and Capt. John Mason, &c., 
" to have free egress, regress, way and passage to enter and 
" pass and return from and to any of the said demised lands, 



LACONIA. 89 

"lakes and rivers, with their ships, boats, barkes or other ves- 
" sels, with their munition and their cattle and coramoditys of 
"what nature soever, from, by and through any of the lands, 
" rivers, harbours, creeks or sea ports, upon the sea coast or 
"frontier parts of New-England aforesaid, &c., without any 
" lett, trouble or interruption, molestation or hindrance of 
"them, the President and Council. 

"For [their] better accommodation, it shall bo lawful for 
" them to make chois of, and take and possess for the use of 
" them the said Sir Ferd. Gorges and Capt. John Mason, in 
" any of the ports, harbours or creeks in New-England, lying 
"most commodious for their passage up into the said lakes, 
"one thousand acres of land upon the side or sides of such 
"harbours, ports, rivers or creeks, where the same is not dis- 
" posed of to any other persons." 

Edward Godfrey was constituted lawful attorney of the 
President and Council, to take possession, &c., and deliver the 
said granted premises to Sir Ferdinando Gorges and Capt. 
John Mason. 

This indenture was signed and sealed as above, 17 Novem- 
ber, 1G29. 



40 NEW-HAMPSHIRE. 

12. Surrender of Plymouth Council to the King. 

April 6, 1635. A petition in this form was presented to the 
King: 

May it please your Most Sacred Majesty! It is humbly 
desired by the Duke of Lenox, &c., ancient patentees and 
adventurers in the plantation of New-England, that forasmuch 
as they are now presently to join in the surrender to Your 
Majesty of the grand Patent of their corporation, that your 
Eoyal Majesty will be graciously inclined to give order to 
your Attorney General to draw several patents, of such par- 
cels of land as by their mutual consent have been allotted to 
them; and to have the same patents prepared fit for your 
Majesty's Eoyal signature, with such titles, privileges and 
immunities as have been heretofore granted, cither to them or 
any other by your majesty, or by your late royal father, King 
James, of blessed memory, with reservations of appeal to the 
Governour or Lieutenant of the territories, in cases reasonable, 
that they, knowing their own interest, may be better able to 
plant and govern them to your Majesty's honor, their particu- 
lar profits, and their people's civil government, and faithful 
obedience to the laws of your Sacred Majesty. April 6, 1635. 
—Huh. N. E. 230. 

At page 227 of Hub. N. E. is a similar but much extended 
petition to the Lords of the Council. 

The surrender is given at length in 1 Haz. Coll. 393-394. 

Dated June 7, 1635. 

Williamson, 1 Maine 258, gives this account of the surren- 
der : 

"The Council had their last meeting, April 25, 1635, when 
only sixteen members were present. They entered in their 
books the causes of their proceedings, saying — 

" We have been bereaved of friends, oppressed with losses, 
expenses and troubles; assailed before the Privy Council again 
and again with groundless charges; and weakened by the 
French and other foes without and within the realm, and what 
remains is only a breathless carcass. We, therefore, now re- 
sign the patent to the King, first reserving all grants by us 
made and all vested rights." 



mason's will. 41 

13. Sale hy Sir Ferdinajido Gorges to Captain John 

Ilason, of three 'miles in breadth East of the 
Piscataqua, Se2)temherj 1635. 

The only account I have seen of this transaction is given by 
Dr. Belknap, 1 F. Belk., N.IL, 15: 

*' In September [1G35], Gorges sold to Mason a tract of land 
on the northeast side of the river Piscataqua, extending three 
miles in breadth, and following the course of the river from 
its mouth to its furthest head, including the saw-mill w^iich 
had been built at the falls of Newichwannock" (Printed state 
of Allen's title). 

Note. The record of tlic case of Joseph Mason, Attorney of Mrs. Anne 
Mason, decided by the General Court of Massachusetts in 1G52, of which a 
copy will be given, tends to show the existence of this transfer. — . 

14. Will of Capt. John 3Iason, dated Nov. 26, 1635. 

The following extract from this wiH is found 1 N. H. His. 
Soc. Coll., 317, from Haz. State Papers : 

" Now as concerning the disposition of all and singular my 
mannors, messages, lands, tenements and hereditaments, with 
their and every of their rights, members and appurtenances, 
as well within the realm of England as elsewhere; I give, 
devise, and bequeath the same, and every of them, to such 
person and persons upon such trusts and confidence, to such 
uses and intents and purposes, and under such provisoes and 
conditions, limitations, as are hereafter expressed; that is 
to say, first, I give, devise, and bequeath unto the Mayor and 
Commonalty, and incorporation of the town of Ivinglyn, in 
the county of Norfolk, where I was born, by what name, title 
or addition soever the said town or corporation is, have been, 
or shall be called, known or incorporated, and to their suc- 
cessors, for ever, under the proviso or conditions nevertheless 
hereafter expressed, two thousand acres of my land, in my 
county of New-Hampshire, or Mason Hall, in New-England, 
which by my executrix [his wife Anne Mason], and overseers 
aforesaid [his brother-in-law John Wallaston], shall be thought 



42 NEW-HAMPSHIRE. 

most fit, and the reversion and reversions, remainder and the 
remainders of the said two thousand acres of land and every 
part thereof. 

Item. I give, devise and bequeath unto my loving brother- 
in-law, John Woolaston, and to his heirs and assigns for ever, 
to be holden of my heirs in fee-farm, three thousand acres of 
land, with the appurtenances, in my county of New-Hamp- 
shire, or mannor of Mason Hall aforesaid, where my said 
brother and executrix shall think fit. 

I give, devise and bequeath unto my grandchild, Ann Tuf- 
ton, and to her heirs and assigns for ever, all those my lands, 
tenements and hereditaments, with the appurtenances, lying 
and being at Capham of Wagam, upon the southeast side of 
Sagadahock, in Ne\y-England aforesaid, called Masonia, and 
containing, by estimation, ten thousand acres, or thereabouts, 
be the same more or less. 

Item. I give, devise and bequeath unto my grandchild, 
.Robert Tufton, and to his heirs and assigns for ever, under 
the provisoes and conditions nevei'theless hereafter expressed, 
all that my mannor of Mason Hall, in New-England aforesaid, 
with all the lands, tenements, hereditaments, rights, members 
and appurtenances thereunto belonging, except such part of 
the land thereunto belonging, as is before bequeathed by this 
ray will, and the reversion, remainder and remainders, rents and 
other yearly profits whatsoever of the same premises, to have 
and to hold the same, and every part thereof, except before 
excepted, unto my said gi-andchild, Eobert Tufton, and to his 
heirs and assigns for ever ; provided, always, and upon condi- 
tion, nevertheless, and my true intent and meaning is, that the 
said Anne, my wife, shall have and enjoy the said mannor and 
premises, given unto my said grandchild, Robei't Tufton, as 
aforesaid, and receive, take and enjoy to her own proper use, 
the rents, issues and profits thei-eof, until my said gi'andson, 
Robert Tufton, shall attain and accomplish his full age of twen- 
ty-one years, if my said wife shall live so long : provided, also, 
and my further will and meaning is that my said grandson, 
Eobert Tufton, shall alter his sir name, and sir name himself 
Mason, before he shall be capable to enjoy the said manor and 



mason's will. 43 

premises, according to this my M'ill, for that m}^ true in- 
tent and meaning is, that the said manor and premises shall 
continue in my name as it now doth, and no otherwise. 

Item. I give, devise and bequeath unto my said brother-in- 
law, John Wollaston, his heirs and assigns for ever, two thou- 
sand acres of land in my county of New-Hampshire, in New- 
England aforesaid, where my said brother and executrix 
aforesaid shall think fit, upon trust and confidence, and to the 
use, intents and purposes, that my said brother, John Woolas- 
ton, or his heirs, and my said wife, Ann Mason, shall, with all 
speed convenient, after my decease, at the chai-ge of ray estate 
in due form of law, settle and convey one thousand acres of 
the said land to some feoffees in trust, and to their heirs for 
ever, for and towards the maintenance of an honest, godly and 
religious preacher of God's Word, in some church or chappie, 
or other public place appointed for divine worship and service, 
within the said county of New-Hampshire, where my said wife 
and brother shall think fit, the said feoffees and their heirs pay- 
ing and allowing unto my heirs for ever the j^early rent of one 
pennj^, if it be demanded, and two fifth parts of all such mines 
royal as shall be found in and upon the said one thousand acres, 
more [over the] residue of the said two thousand acres of land, 
I will shall be settled and conveyed as aforesaid to some 
feoffees in trust and their heirs, for ever, for and towards the 
maintenance of a free Grammar School, for the education of 
youth in some convenient place within the said county of New- 
Hampshire, where my said wife and brother-in-law shall think 
fit, they also paying and allowing unto my heirs, for ever, the 
yearly rent of one penny, if it be demanded, and two fifth 
parts of all such mines royal as shall be found in and upon 
this said one thousand acres of land, or any part thereof. 
All the rest and residue of all and singular my mannors, mes- 
sages, lands, tenements and hereditaments, with their and 
every their appurtenances lying and being within said county 
of New-Hampshire, or elsewhere in New-England aforesaid, 
not before bccpioathed by this my will, I give, bequeath the 
same unto my grandchild, John Tufton, and to the heirs 
of his body lawfully begotten ; and for want of such issue to 
the said llobert Tufton, or my grandchild, and to the heirs of 



44 NEW-HAMPSHIRE. 

his body, lawfully begotten ; and for want of such issue, to my 
Cousin Dr. Robert Mason, Chancellor of the Diocess of Win- 
chester, and to the heirs male of his body lawfully begotten, or 
to be begotten; and for want of such issue, to my right heirs 
and assigns for ever; provided, always, and my will and mean- 
ing is, that ray wife, Ann Mason, shall have, hold and enjoy the 
said mannors, messages, lands and premises by me given to my 
grandchild, John Tuffcon, as afoi'esaid, and receive the rents, 
issues and profits thereof, and of every part thereof, to her own 
use, profit and behoof, until my said grandchild, John Tufton, 
shall attain to, and accomplish, his full age of one and twenty 
years, if the said Ann, my wife, shall so long live : provided, 
also, and my further will, mind and meaning is, and do hereby 
devise and appoint that my said grandchild, John Tufton, 
shall alter his sir name, and shall name himself Mason, before 
he shall be capable to enjoy the said mannors, lands and prem- 
ises, or any part thereof, according to my bequest. 

[Captain Mason's will was dated November 26, 1635, and the 
copy from which the above extracts were made, contains the 
whole of it, and a certificate that it was proved by the oath of 
Ann Mason on the 22d December, 1635.] W. Plumer. — Uaz. 
State Papers. 



DEPOSITIONS. 45 

16. Francis SmalVs Dejwsiiioii. 

Francis Small, of Piscattaway, in New-England, planter, aged 
sixty-five years, makotli oath, that he hath lived in New-Eng- 
land upwards of fifty years; that he very well knew the 
plantations Capt. Mason had caused to be made at Piscattaway, 
Strawberry Bank, and Newicliwannock, and was well acquaint- 
ed with all the servants imployed by Capt. Mason, upon the 
said plantations, some whereof are yet living; and that there 
was a great deal of stock at each of those plantations. And 
this deponent doth very well remember that Capt. Mason sent 
into this country eight Danes to build mills, to saw timber, 
and tend them, and to make potashes; and that the first saw- 
mill and corn-mill in New-England was erected at Capt. Ma- 
son's Plantation, at Newichwannock, upwards of fifty years — 
where was also a large house with all convenience of out- 
houses, and well fortified with store of arms. That about for- 
ty years since, the said house and buildings were burnt to the 
ground, but by what means this deponent doth not know ; 
that about the same time this deponent was employed by 
Capt. Francis Norton (who then at Capt. Mason's house at 
Piscattaway, called the great house) to drive about one 
hundred head of cattle towards Boston, and the said Captain 
Norton did go with the cattle ; that such cattle were then 
usually sold at five and twenty pound the head, money of 
England. And the said Norton did settle himself at Charles- 
town, near Boston, and wholly left Capt. Mason's plantation, 
upon which the other sei'vants shared the residue of the goods 
and stock among them, which were left in that and the other 
plantations, and possessed themselves of the houses and lands. 
And this deponent doth verily believe that, from the cattle 
sent hither by Capt. Mason, most of the cattle, in the provinces 
of New- Hampshire and Maine have been raised, for this de- 
ponent doth not remember or heard that any one person else 
did bring over any. That Thomas Warnerton, a servant to 
Capt. Mason, and lived in a fair house at Strawberry Bank 
about the year 1G44, did carry quantities of goods and arms 
belonging unto Capt. Mason's plantation, and sold them to the 
French that did inhabit at Port Royal, where the said Thomas 



46 NEW-HAMPSHIRE. 

Warnerton was slain. That sometime after, one Sampson 
Lane came over from England, with power, as he pretended, 
to look after and take care of the aforesaid plantations, and 
did settle himself in the great house at Strawberry Bank, and 
made additions thereunto, where he continued about three 
years, and then returned for England, upon whose departure 
John and Richard Cutts got into possession of the aforesaid 
house and lands at Strawberry Bank, but by what right this 
deponent never heard; and have sold several small tracts, upon 
which many houses are now built and possessed by the rela- 
tives of the said Cutts. Francis Small. 
Sworn before me, the 8th September, 1685. 

K. Chamberlain, Justice Peace. 

17. Nathaniel Boulter and John Redman's Deposition. 

Nathaniel Boulter, aged sixty years, and John Eedman, aged 
seventy years, of the town of Hampton, in the province of 
New-Hampshire, yeoman, make oath, that they were two of 
the first planters that did sit down at Hampton aforesaid, 
about forty-three years since, by authorit}^ of the Massachu- 
setts General Court, which gave power to some few persons 
(called selectmen), who came likewise to inhabit in the said 
town, to grant or sell lands to others as they thought fit. That 
upon these deponents first settling at Hampton, several of the 
servants of Capt. Mason, or his heirs, came from Piscattaway 
to Hampton, and did forbid these deponents and others from 
settling in the said town without license from the proprietor or 
his agents, and paying a quit rent. But these deponents, and 
others of the inhabitants, being backed by authority of the 
Massachusetts government, which had declared those lands to 
be in her jurisdiction, no regard was had to the prohibition by 
Capt. Mason's servants. And these deponents do very well re- 
member that Mr. Mason had made a great plantation at Piscat- 
taway and Newichwannock, where there were a great stock of 
cattle, and much land improved. And these deponents, about 
forty years since, did see a drove of one hundred head of great 
cattle, or thereabouts, that came from off Captain Mason's 
plantation at Piscattaway, and drove through the town of 
Hampton towards Boston, by Capt. Norton and others, the 



DEPOSITIONS. 47 

servants of Capt. Mason or his heirs, and there sold and dis- 
posed of (as these deponents were informed) by the said Capt. 
Norton, who did then settle himself, in or near Boston, and 
deserted the plantation at Piscattaway. And these deponents 
do further testify that such cattle were commonly valued at 
five and twenty pounds the head, being very lai'ge beasts of a 
yellowish colour, and said tO be brought by Capt. Mason from 
Denmark. And these deponents say, that soon after Captain 
Norton's going to Boston to inhabit, the Massachusetts govern- 
ment did lay claim to the whole province of Ncvv-Ilampshire, 
as protending it to be within their patent, and did accordingly 
exercise a jurisdiction therein, and required those inhabitants 
to take an oath of fidelity to them. 

Nathaniel Boulter. 

John Redman. 
Sworn before mo, Gth of November, 1685. 

R. Chamberlain, Justice of the Peace. 

18. George Walton's De2JOsiiion. 

George Walton, of Great Island, in the Province of New- 
Hampshire, yeoman, aged seventy years, or thereabouts, tes- 
tifieth, that he hath been an inhabitant in the said province 
about fifty years ; that most part of the lands he now possesses 
were granted by Capt. Henry Jocelyne, Steward to Capt. 
Mason, the proprietor; that this deponent doth very well 
know that Capt. Mason had many servants, and a great stock 
of cattle upon his lands ; that the said servants, and others, 
after the decease of the said Capt. Mason, did imbezill and 
ruin the estate. And particularly Capt. Francis Norton, 
agent or steward to Capt. Mason or his heirs, about forty 
years since, did drive from Capt. Mason's Plantation, at Pis- 
cattaway, called the great house, about one hundred head of 
great cattle, which were then usually valued at twenty-five 
pounds the head; and as this deponent was credibly informed, 
the aforesaid cattle were sold in and about Boston by the said 
Norton, who also settled himself thereabouts, and deserted 
Capt. 3Iason's Plantation ; that thereupon the rest of the 
stock, goods and implements belonging to Capt. Mason's Plan- 
tation were made away with by the said servants and others. 



48 NEW-HAMrsniRE. 

And this deponent doth very well remember the fort built 
by Capt. Mason upon the Great Island (in the same place 
where the fort now stands), and that it was strong and sub- 
stantially made, and furnished with great guns, of which some 
were brass, and were afterwards taken away by Major Wal- 
dern and his brother William Waldern and others, but by 
what authority this deponent never heard. And some of the 
guns this deponent did see put into a ship belonging to one 
Lane. And this deponent knows, that to the great house at 
Piscattaway aforesaid, there were adjoining about one thou- 
sand acres of improved lands, marsh, meadow and planting 
grounds, which were divided and parcelled out by the servants 
of Capt. Mason and others, the select, or prudential men (of 
the town of Portsmouth), as they were so called, who still 
enjoy the same, or their heirs and assigns, whereof William 
Vaughanand his brother-in-law have a large share given them 
by their father-in-law, Eichard Cutt. And the said great 
house, by the means aforesaid, came to decay and fell down, 
the ruins being yet to be seen, out of which several good 
farms are now made. And this deponent doth very well 
remember that the said Capt. Mason had made a great plan- 
tation at a place called Newichwannock, about sixteen miles 
from that of Piscattaway, which by the means aforesaid was 
ruined, and shared among several of the said Capt. Mason's 
servants and others. And this deponent doth further say, that 
to his particular knowledge, the servants sent over by Capt. 
Mason, of which some are living, and those descended from 
them, which are many, have been and are, the most violent 
opposers of the new proprietor, Robert Mason, Esq. And this 
deponent further saith, that those lands in Poi"tsmouth called, 
both now and formerly. Strawberry Bank, were the planting 
grounds and pasture belonging to the great house at Straw- 
berry Bank, wherein Thomas Warnnerton did inhabit, that 
was sometime agent for Capt. Mason, and after the death of 
Warnnerton, who was slain about forty years since, the said 
house and lands were possessed by Sampson Lane, but by 
what right this deponent doth not know. 

George Walton. 

Taken before me, the 18th December, 1685. 

Walter Barefoot, Dep. Governor. 



LETTERS CONCERNING THE HOLLANDERS. 

Vapt. Mason to Mr. Secretary Coke. Trade Papers, State Paper 
Office, X, 1. From N. Y. Col. Mss., Ill, pp. 16, 17, 18. 

Eight Honorable : — In the year of our Lord God 1621, or 
thereabouts, certaine Hollanders were upon the coast of New- 
England trading with the Indians, betwixt Cape Codd and Bay 
de la Warre, in 40 degrees of northerly latitude, being a parte 
of that country which was granted to Sir Walter Raleigh by 
Queen Elizabeth in Anno 1584, and afterwards to divers 
of her subjects under the titles of Virginia ; which country 
was divided by agreement of the Virginia company, and the 
northeast parte thereof confirmed afterward by King James, 
in Anno 1606, to the President and Counsell for the planta- 
tions there, which have been settled in Virginia on the one 
hand to the westwards, now about fortie years ; and in New- 
England on the other hand to the eastward, above twenty-five 
years since. The sayed Hollanders as interlopers fell into the 
middle, betwixt the sayed plantations, and at their returne 
of their voyage aforesayed, published a mapp in the low coun- 
tries of the sayd sea coasts, comprehended betwixt Virginia 
and Cape Codd, under the tytle of New-Netherlands, giving 
the name of the Prince of Aurange to the countrie and river 
of Manahata, where the Dutch are now planted (which 
eayd countrie was many years before discovered by two En- 
glishmen in their voyages to Vii'ginia), and giving other Dutch 
names to other places to the eastward of the sayd Manahata 
river as farr as Cape Codd ; all which had beene formerly dis- 
covered and traded unto diverse tymes by severall English- 
men, as may be proved. And Sir Samuel Argall, Kn't, with 
many English planters, were preparing to goe and sitt downe 
in his lott of land upon the sayd Manahata river, at the same 
tyme when the Dutch intruded, which caused a Demurre in 
their proceeding untill King James, upon complaint of my 
Lord of Arundell, with Sir Fcrdinando Gorges, Kn't, and the 
said Sir Samuel Argall (formerly Governor of Virginia), 
and Capt. John Mason of the sayed Dutch intruders in Ano 
4 



50 NEW-HAMPSHIRE. 

1621, had by his Majesty's order a Ire to the Lord of Dor- 
chester their Ambassador at the Hague, questioned the States 

(Those Ires of the Lords do bear date the 15th of December, 1651.) 
of the low countries for that matter. Which the Lords the 
States by answer (as I take it) of their ambassador Sir No well 
Carronne sid disclayme, disavowing any such act that was 
done by their people with their authority ; which my Lord of 
Arundell and I think the Lord Baltimore (then Secretary of 
State) doe remember, and Sir Ferdinando Gorges and Capt. 
Mason can witnesse the same. Neverthelesse the year follow- 
which (as I take it) was 1622, the sayd Dutch, under a preten- 
did authority from the West India Company of Holland, main- 
tayned as they sayd by commission from the said Prince of 
Aurange did returne to the foresayd river of Manahata and 
made plantation there, fortifying themselves there in two sev- 
erall places, and have built shipps there, whereof one was sent 
into Holland of 600 tunnes or thereabouts. And albeit they 
were warned by the English plantation at New Plymouth to 
forbeare trade and not to make any settlement in those partes, 
letting them know that they were the territories of the King 
of England, yett nevertheless with proud e and contumacious 
answers (saying they had commission to fight against such as 
should disturbe their settlement) they did persist to plant and 
trade, vilefying our nation to the Indians, and extolling their 
owne people and countrye of Holland, and have made sundry 
good returnes of commodities from thence into Holland ; es- 
pecially this year they have returned (as it is reported) 15,000 
beaver skynnes, besides other commodities. 

Your Ho'^^ humble servant, 
(Signed) JOHN MASON. 

April 2, 1632. 

(Endorsed by Sir John Coke, Secretary of State.) 

" Capt. Mason concerning the Hollanders in Virginia." 



Sir Ferdinando Gorges to Capt. Mason about an expedition on 
the Dutch. — Trade papers, State paper office, JT, 2. 

[N. Y. Col. Mss. 3, p. 17.] 
Sir : On Thursday night I receaved yours of the oOth of 

March, by which I understand howe you have pceeded against 



THE HOLLANDERS. 51 

those of the Dutch plantacon. I am glad the business is bo- 
fore the Lords. I hope thoy will not bee over hasty in con- 
cluding a business of that nature, considering howe much it 
concernes both the honor of the Kinge and State to make good 
the interest they have therein. You shal bee assured I will 
not ptraet any time of mj^ coming up, butt I must acquaint 
you with an unhappj'^ accident that befell mee the same day 
I receaved yours. For havcing bene with my Lord Pawlett 
and diverse others of ray private friends att a horse race, I 
took a fall from my horse, and am now in soe much extremitie 
of paine as I am not able to move or stirr, but as I am helped 
by maine strength of my servauntes ; notwithstanding, by 
God's favor I hope to bee with you in very short time, what 
shifte soever I make to travel, I am sory to heere you ai'e so 
poorely seconded in a matter soe just and hon'ble. 

I conceive you may have from Mr. Shirly a coppy of that 
which came to my hands from those of New Plymouth, with 
more particulars than came to mee. Itt may please you that 
he may bee 8j)oken with about itt. I doubt not but att my 
cominge, I shall be able to give both his Matie and the Lords 
BufBcient satisfaccon for to fortifie the justefyinge (not the stay 
of the shipp only), but to prosecute their displanting from 
thence. And that which is now to bee desired is, that wee 
may be heard to speak before ought be done for the shipps 
dispatch. I hope you will make some shifte to sende away 
the horses I sent you before the receipte of Mr. Eyers to the 
contrary, for I know they wil bee of more service and worth 
than any you will serve yourselves with all att the Islands ; 
besides heere is noe shipping that goes fi'ora hence till towards 
the winter quarter; but what you doe betweene you, shall 
please mee, thoughe I desire extreamely they may goe att this 
present, thoughe it were wholly on my owne accompte for 
their transportation with the horses. Let this suffice I pray 
you for this present, for that my paine will suffer mee to say 
noe more att this time, save only I beseech you to remember 
my humble service to my Lord Marshall, and to lett his honor 
knowe the misfortune that retayncs mee from attending his 
Lopp [Lordship], soe soone as my harte desire, and soe much 
you may be pleased to lett my Lord of Warwick knowe in 



52 NEW-HAMPSHIRE. 

like manner -with the remembrance of my service to his Lopp, 
beseeching him not to bee slacke, wherein you know his helpe 
may further the best wee shall gaine thereby wil bee the 
knowledge of what may bee expected from him hereafter, 
and so I eomitt you to God, and rest. 

Y"^ assured loveing friend, 
(Signed) FERD. GOEGES. 

Bristoll, the 6th April, 1632. 

To his assured loveing friend Captaine John Mason att his 
house att Debtford. Psent theise. 



LEYETT'S YOYAGE,* &c. 

[furnished by HON. S. D. BELL.] 

" A voyage into New-England, begun in 1623 and ended in 1624 ; 
performed by Christopher Levett, Sis Majesty's Woodward, of 
Somersetshire, and one of the Council of New-England :" was 
printed, as appears by the imprint, in 1628. It is prefaced by a 
report — 

" To the Right Honorable George, Duke of Buckingham ; 
His Grace, Thomas, Earl of Arundel and Surrey; Robert, Earl 
of Warwick ; John, Earl of Holderness ; and the rest of the 
Council for New-England." 

"May it please jonr lordships that whereas you granted 
your commission unto Capt. Robert Gorges, Governor of New- 
England, Capt. Francis West, myself, and the Governor of 
New Plymouth, as counsellors with him for the ordering and 
governing of all the said territories, wherein we have been 
diligent to the utmost of our powers, as we shall be ready to 
render an account unto your honors when you shall be pleased 
to require us thereunto. In the meantime I thought it my 
duty to present to your views such observations as I have 
taken," &c. Christopher Levett. 

Chapter I. The first place I set my foot upon in New- 
England was the Isle of Shoals, being islands in the sea about 

* See Me. Hist. Soc. II, p. 73. 



levett's voyage. . 53 

two leagues from the main. Upon these islands I neither could 
see one good timber tree, nor so much good ground as to make 
a garden. The next place I came urtto was Pannaway, where 
one M. Thomson hath made a plantation. There I stayed 
about one month, in which time I sent for my men from the 
cast, who came over in divers ships. At this place I met with 
the governor who came thither in a bark which he had from 
one M. Weston, about twenty days before I arrived in the 
land. • 

The Governor then told me that I was joined with him in 
commission as counsellor, which, being read, I found it was 
so. And he then, in the presence of three more of the coun- 
cil, administered unto me an oath. 

In the time I stayed with M. Tomson I surveyed as much 
as possible I could, the weather being unseasonable, and very 
much snow. About two English miles further to the east I 
found a great river and a good harbor, called Pascattaway," &c. 

Capt. Levett's account is sustained by Governor Bradford. 
See Morton N. E. Memorial, as follows : 

"About the middle of September [1623] arrived Captain 
Robert Gorges in the Bay of Massachusetts, with sundry pas- 
sengers and families, intended there to begin a plantation, and 
pitched upon that place which Mr. Weston, forenamed, had 
forsaken. He had a commission from the Council of New- 
England to be general governor of the country, and they ap- 
pointed for his council and assistants Capt. Francis West, the 
aforesaid admiral [of New-England], Christopher Levett, Esq., 
and the Governor of Plymouth for the time being. Also they 
gave him authority to choose such others as he should find fit. 
Also they gave him by their commission full power to him and 
his assistants, or any three of them (whereof himself was al- 
ways to be one), to do and execute what to them should seem, 
in all cases, capital, criminal, and civil, with divei'S other in- 
structions, of which and his commission it pleased him to suffer 
the Governor of Plymouth to take a copy. 

He, meeting with the aforesaid Mr. Weston, at Plimouth, 
called him before him and some of the other assistants, with 
the Governor of Plymouth aforesaid, aud charged him with 



54 NEW-HAMPSHIRE. 

the ill-carriage of his men at the Massachusetts, by which 
means the j^eace of the country was disturbed. Weston easily 
answered, that what was Gone in that behalf was done in his 
absence, and might have befallen any man. He left sufficiently 
provided, and considered they would have been well governed, 
and for any error committed he had sufficiently smarted. 

Soon after this the said Capt. Gorges took his leave and 
went to the Massachusetts by land. His ship stayed at Pli- 
mouth and fitted to go to Virginia, having some passengers to 
deliver there. Capt. Gorges, after he had been at the eastward 
and expedited some occasions there, and some that depended 
on him, returned for England. 

There were also some scattering beginnings made in other 
places [in 1623], as at Piscataqua, by Mr. David Thompson, 
and at Monhegin, and some other places by sundry others." 

Sir Ferdinando Gorges, in his bi'ief narration, ch. 23 (2 Maine 
His. Coll. 48), says : " The council were pleased to resolve of 
the sending some one into those parts as their Lieutenant, &c. 
Hereupon my son Eobert Gorges, being newly come out of the 
Venetian war, was the man they were pleased to pitch upon, 
being one of the company, and interested in a proportion of 
the land with the rest of the patentees in the bay of Masse- 
chewset containing ten miles in breadth and thirty miles into 
the main land, who, between my Lord Gorges and myself, was 
speedily sent awa}^ into the said bay of Massechewet, where 
he arrived about the beginning of August following, anno 
1623, that being the place he resolved to make his resi- 
dence, as proper for the public as for his private, where landing 
his provisions and building his storehouses, he sent to them of 
Now Plymouth, who, by his copimission, were authorized to be 
his assistants, to come unto him who willingly obeyed his 
order and as carefully discharged their duties, by whose expe- 
rience he suddenly understood what was to be done with the 
poor means be had, believing the supplies he expected would 
follow according to the undertakings of his friends, but they 
withdrew, and myself and friends were wholly disabled [by 
the proceedings in Parliament] to do anything to purpose; and 
he was advised to return home till better occasion should offer. 



DOVER AND SWAMPSCOT PATENTS. 55 

Note. These extracts from contemporary writers are made to meet 
allegations of the Massachusetts government and agents, that no seizin 
was delivered of Mason and Gorges Province, according to the grant, nor 
any possession taken under it. 

Here liobert Gorges, appointed Attorney to deliver seizin, and David 
Thompson agent of the patentees, are shown to have been together at 
Little Harbor in 1G23, " to expedite his occasions," and possession had 
been taken by Mason and Gorges by their agent Thompson, as well as by 
Hilton at .Dover Neck, which there is no pretense was ever after aban- 
doned. 

Princes Annals 1G26, 161, quoting Bradford, says; "Wanting proper 
goods [for the Indian trade], and understanding the plantation at Mohe- 
gan, belonging to some merchants of Plymouth [in England], is to 
break up, and divers goods to be sold, the governor with Mr. Winslow 
take a boat, and with some hands go thither. Mr. David Thompson, who 
lives at Piscataway, going with us on the same design, we agree to buy all 
their goods and divide them equally. Our moiety comes to £400 ; we also 
buy a parcel of goats," &c. 

This shows the continuance of the settlement under Mr. Thompson at 
Piscattoway in 1626, and the purchase shows the character of its opera- 
tions. 

Ibid., 1627, 169. "With the return of the ships, we [the Plymouth peo- 
ple], says Bradford, send Mr. AUerton again to England (3) to get a pat- 
ent for a fit trading place on Kennebeck Eiver, especially since the plant- 
ers at Piscatoway and other places eastward of 'em, as also the fishing 
ships envy our trading there, and threaten to get a patent to exclude us." 

Belk., 1G28 : " The principal persons of Piscataqua readily united with 
their neighbors in making application to the colony of Plymouth, which 
was of more force than all the rest to put a stop to this growing mischief 
[the sale of fire-arms to the Indians], which they happily eflected, by seiz- 
ing Morton and sending him to England." 

Of £12.10 expenses, Pascataquack paid £2.10, the same as Plymouth 
and Edward Hilton, £1. 



THE WHEELWRIGHT DEED. 

[Note. The famous Wheelwright Deed, which has been pronounced 
a forgery by Hon. James Savage, the distinguished antiquarian of Bos- 
ton, and the late John Parmer, Esq., of Concord, bears date May 17, 
1629. Hon. Chandler E. Potter, who has devoted much attention 
and research to the subject, maintains the validity of the deed. But 
whether the deed be a forgery or not* it forms a portion of our history ; — 
is the basis on which rests the grant of several townships in the State, is 
recognized in various ways, in our public records, as genuine; and there- 
fore I deem it proper to give it a place in this iirst volume of our Provin- 
cial History. The deed is recorded in the office of Recorder of Deeds, 
at Exeter, of which the following is an exact certified copy. — Ed.] 

Indian Sagamores to Wheelwright and Company. 

Whereas wee the Sagamores of Penacook, Pentucket, Sqam- 
squot and Nuchawanick, are Inclined to have y* English iuhab- 
itt amongst us, as they are amongst our countrymen in the 
Massachusetts bay, by so'*' means wee hope in time to be 
strengthened against our enemyes, the Tarratens, who yearly 
doth us damage, likewise being perswaided y' itt will bee for 
the good of us and our posterety &c'. To that end have att a 
general meeting (att Squamsquot on Piscataqua Eiver), wee 
the afores"^ Sagamores w* a universal consent of our subjects 
doe covenant and agree w"^ the English as foUoweth : Now 
Know all men by these presents that wee Passaconaway Sag- 
amore of Penacook Runawitt Sagamore of Pentucket Wahang- 
nonawitt Sagamore of Squamscott and Rowls Sagamore of 
Newchawanick for a compitent valluation in goods all ready 
received in coats, shurts and victualls and alsoe for y* Con- 
siderations afores'^ doe (according to y^ Limits and bounds 
hereafter granted), give, grant, bargaine, sell, Release, Eattafie 
and Confirme unto John Whelewright of y'= Massachucets baye 

* In the course of the following records, particular facts will be noted 
that may enable readers to form an opinion respecting the validity of 
the deed. — Ed. 



THE ■\VIIEELW11IGIIT DEED. 57 

Lato of England, A minister of y° Gospel, Augustin Story, 
Thoin' Wito, "\Vm. Wentworth and Thorn' Levitt, all of y* 
Massachucetts bayc, in New-England to them, their heires and 
Assignes forever, all that part of y" maiue Land bounded by 
the Eiver of Piscataqua and the River of Meri'imack, that is 
to say to begin att Newchewanack ffalls in Piscataqua lliver 
afores'' and soe downe s"^ River to the sea and soe alongst the 
sea shore to Merrimack River, and soe up along s* River to tho 
fi\lls att Pentucett afores'' and from said Pentucet ffalls upon a 
North west Line twenty English miles into the woods, and 
from thence to Run upon a Streight Line North East and 
South West till meete w"' the main Rivers that Runs down to 
Pentucket falls and Newchewanack ffiiUs and y" s*^ Rivers to 
be the bounds of the s"* Lands from the thwart Line or head 
Line to y" afores*^ ffalls and y" maine Channell of each River 
from Pentucket and Newchewanack ffalls to the maine sea to 
bee the side bounds and the maine Sea betweene Piscataqua 
River And Merrimack River to be the Lower bounds and the 
thwart or head Line that runs from River to river to be y^ 
uper bound, Togeather w''* all Hands wi*Mn s'^ bounds, as alsoe 
the lies of Sholes soe Called by the English, togeather wi"^ all 
Proflitts, Advantages and Appurtenances whatsoever, to the s*^ 
tract of Land, belonging or in any wayes appertaining. Re- 
serving to our Selves, Liberty of making use of our old Plant- 
ing Land, as alsoe ffree Liberty of Hunting, flfishing and fowl- 
ing, and itt is Likewise w"Hhese Proviseos ffoUowing, viz' : 

Eirst, that y" a^ John Wheelewright shall, w"'in ton years 
after the date hereof sett Down, wi"' a Company of English 
and begin a Plantation att Squamscott flfalls In Piscataqua 
River afores**. 

Secondly, that w^iat other Inhabitants shall come and Live 
on s** Tract of Land Amongst them from Time to Time and att 
all times shall have and Enjoyo the same benefitts as the s*^ 
Whelewright afores**. 

Thirdly, that If att any time there be a numb"' of People* 
amongst them that have a mind to begin a new Plantation, 
that they be Encouraged soe to doe, and that noe Plantation 
Exceede in Lands above ten English miles Squaire, or such a 
Proportion as amounts to ten miles squaire. 



58 NEW-HAMPSHIRE. 

Fourthly, that y® afores** granted Lands are to be Divided 
into Townshipps, as People Increase and appeare to Inhabitt 
them, and that noe Lands shall be granted to any pticular 
pson, but what shall be for a Township and what Lands w*ia 
a Township is granted to any Perticuler Person to be by vote 
of y* major part of y* Enhabitants, Legally and ord'^ly settled 
in s"^ Township. 

Fifthly, for managing and Regulating and to avoide Conten- 
tions amongst them, they are to be under the Government 
of the CoUony of the Massachucets (their neighbours), and to 
observe their Laws and ord""^ until they have a settled Gover- 
ment Amongst themselves. 

Sixthly, wee the afores** Sagamores and our subjects are to 
have free Liberty (w'^n the afores*^ granted tract of Land) 
of ffishing, fowling, hunting and Planting, &c. 

Seventhly and Lastly, every Township w'Mn the aforesaid 
Limits or tract of Land that hereafter shall be settled, shall 
Paye to Passaconaway, our Cheife Sagamore, that now is and 
to his successors for ever If Lawfullj^ Demanded, one Coate of 
Trucking Cloath, a year and every year for an Acknowledge- 
ment and alsoe shall Paye to m^ John Whelewright afores"^, 
his heires and successors forever, If Lawfully Demanded, two 
bushills of Indian Corne a year, for and in Consideration of 
eaid Whelewrights great Paines and Care as alsoe for y* 
Charges he have been at all to obtain this our grant, for him- 
selfe and those afore mentioned, and the Inhabitants that shall 
hereafter settle In Townships on y*" aforesaid granted Premises. 
And wee the afores'' Sagamores, Passaconaway, Sagamore of 
Penecook, Runawitt, Sagamore of Pentucet, Wahangnonawitt, 
Sagamore of Squamscott, and Rowls, Sagamore of Newchew- 
anack, doe by these Presents, Eattafie and Confirme all y® afore 
granted and bargained Premises and Tract of Land afores"* 
(excepting and Reserving as afore Excepted and Reserved, 
and the Proviseos afores** fullfilled), w"^ all the meadow and 
marsh grounds therein, Togeather w*"* all the mines, mineralls 
of what kind or Kature soever, with all the Woods, Timber and 
Timber Trees, Ponds, Rivers, Lakes, runs of Water or Water 
Courses thereunto belonging, with all the ffreedome of ffish- 



THE WHEELWRIGHT DEED. 59 

inge, ffowlingo and Hunting, as ourselves with all other beno- 
fitts, Proffitts, Privileges and Appurtenances whatsoever there- 
unto, of all and any Part of the said Tract off Land, belonging 
or in any waycs Apportaininge unto him, the said John 
Whelewright, Augustin Storer, Thomas Wite, William Went- 
worth and Thomas Levitt and their heires forever as afores"*. 
To have and to hold y" same As their owne Proper Eight and 
Interest without the Least Disturbance, moUestation or Troble 
of us, our heires, Executors and Administrators, to and with 
the said John Whelewright, Augustin Storer, Thomas Wite, 
William Wentwoi'th and Thomas Levitt, their heires, Execu- 
tors, Administrators and assignes, and other the English that 
shall Inhabitt there, And thcire heires and assignes, forever 
shall Warrant, maintaine and Defend. In Wittnes whereof, we 
have hereunto sett our hands and seals the Sevententh day of 
May, 1629. And in the ffifth year of King Charles, his Keigne 
over England, &c*. 

Signed, Sealed and Delivered 
In Presents of us : 

Wadargoscom I mark. Pasbaconaway ^ mark. [Sole.] 

MisTONOBiTE II mark. Eunawit J mark. [Sele.] 

John Oldham. Wahangnonawit § mark. [Sele.] 

Sam'll Sharpe. Eowls ^ mark. [Sele.] 

Memorand'm : on y* Sevententh day of Maj'e, one thousand 
six hundred twenty and nine. In the ffifth year of the Eeigne 
of our Sovereign Lord Charles, King of England, Scotland, 
Ffrance and Ireland, Defend® of y" ffaith, &c*. Wahangnona- 
wit Sagamore of Squamseot, in Piscataqua River did in behalfe 
of himselfe and the other Sagamores aforementioned then 
Present J)eT\v^ Quiett and Peaceable Possession of all y® Lands 
mentioned in the w'^'in writen Deed, unto the w"'in named 
John Whelewright for the ends w"Hn mentioned, in Presents 
of us, Walter Nele, Governer, Geo. Vaughan, Facktor, and Am- 
bros Gibins, Trader for y" Company of Laconia; Eich'' Vines 
Governer, and Eich'' Bonathan, Assistant of y' Plantation of 
Sawco, Thorn'* Wiggin agent, and Edward Hilton Steward of 



60 NEW-HAMPSHIRE. 

the Plantation of Hilton's Point and was signed, sealed and 

Delivered In our Presents. 

In Witness whereof, wee have hereunto sett our hands the 

day and yeare above Written. 

Rloh^ Vines, Walter Neale, 

Rieh'^ Bonithon, Geo. Vaughan, 

Thorn' Wiggin, Ambrose Gibbins. 

Edward Hilton, 

Entered and Eecorded According to the originall, the 20th 
May, 1714. 

Pr. , WM. VAUGHAN, Eecorder. 
Copy of Eecord— Attest, N. G= Gilman, Eedr. 



OEIGINAL 
PROVINCE PAPERS, 

CONTAINED IN "BOOK I, I'ROVINCE RECORDS," 1631-1650. 



[copied by the editor.] 

[These are the earliest Province papers found in the office of the Secre- 
tary of State, New-Hampshire. With the exception of "the Letter from 
Thomas Eyre," which is copied from Farmer's Belknap, App. 2, p. 422, 
all the papers numbered 1, 2, 3, 4, &c., are exact copies from the " Kec- 
ords"* ; and are of great value to a proper understanding of the state of 
the early settlements. Ed.] 

An original letter from Thomas Eyre, one of the adventurers, or 
Company of Laconia, to Mr. Gibhins, their Factor. 

London, the last of May, 16.31. 

Mr. Gibbins— Yours of the 8th of April, 1G30, from Plimouth, 
I received, and thereby tooke notice of your intertaining Koger 
Knight, and here I present his wife 20s per quarter, at your 
desire, and ol. per quarter to yours. I hope by this they are 
both with you, according to your desire. I wish all your wives 
with you, and that so many of you as desire wives, had such 
as they desire; for the adventurers desire not to be troubled 
with quarterly payments. 

Your next to me is dated the 21st of July last, at Pascata- 
quacke. I take notice of your complaints for want of trade 
goods, and so much as lieth in me it shall be otherwise; es- 
pecially if you send us returns, doubt not but that you shall 
be supplied, from time to time, unto your owne contents. 

Your 3d Iref to me is dated the 14tli of August, by which I 
perceive divers of the commodities and provisions which you 

♦ These Papers are not, properly speaking, "Records," but are so la- 
beled on the Ms. volume that contains them, 
f Letter. 



62 NEW-HAMPSHIRE. [1631. 

carried with you in the barke Warwieke were not to your 
liking, for which I am sorry. You know the trouble we had. 
1 could not looke to Mr. Olden's and all besides. I hope by 
the Pide-Coivef you find it otherwise. I pray you write me 
how you like the hatchetts sent you by that ship, and how all 
goeth. 

I like it well that your Governor will have a stock of bords 
at all times readie. I hope you will, find something to relade 
both the Pide-Cowe and the Warwieke. I will now put on the 
sending of you the modell of a saw-mill, that you may have 
one going. 

Your wife, Roger Knight's wife, and one wife more, we have 
already sent you, and more you shall have, as you write for 
them. 

Another Ire I have from you, of the 14th August, in which 
you write for another Mason. "Wee have had enough to doe 
to goe so farre forwards as we have, as Capt. Keyes can tell 
you ; yet now we begiue to take hearte agayne, but the sight 
of returnes will be that which will indeede put life into us. 

Among my New-England records, I find your Ire unto Capt. 
Mason, of the 14th August last, wherein you give a good ac- 
count of your times spent from the first of June untill then, as 
also of the manner of your trade, which was to Capt. Mason's 
liking. We hope you will find out some good mines, which will he 
welcome newes unto us. 

By Mr. Glover we reed. Ires from Capt. Neale, written, as we 
think, about the end of March last. Write me, I pray, what 
winter you had, and how you had your healthes, and why 
Capt. Neale went not in Septem. last to discover the lakes, as 
he wrote he would, and why you did not write by that con- 
veyance. 

By the barke Warwieke we send you a factor to take charge 
of the trade goods; also a soldier for discovrie, &c. 

Thus I commend you and your wife, who, by this, I hope is 
with you, to the protection of the almightie. 

Your loving friend, 

Tho. Eyre. 

Kept until the 7th of June. 

f Name of a vessel. 



1G31.] • PROVINCE PAPERS. 63 

B. 1, p. 1.' No. 1. 

Loudon, the 17th of November, 1631. 
Invoice of sundrie comodities shipped in good condition 
aboard the Pide-Cowe, Mr. William Stephenson, bound for the 
harbor of Pascattaway, in New-England, being for the ac- 
compt of the Right Ilon'bl Mr. Ferdinando Gorges, Knight, 
Captain John Mason, Esquire, Mr. John Cotton, George Grif- 
fith, Henrie Gardner and Compa. Marchants, consigned to John 
Raymond, purser of the said shippe, viz : 

7 Hogsheads of Beefe, weighing 31c 3q 091b, at 

18s 6d per centumme, 29: 07:00 

8 Ferkins of Butter, at 19s 6d, 07: IG: 00 
5c 2qr 291b of suffs, cheese pac[ked] up in a 

chest, at 2id per pound, is 06: 12: 06 
22 bushels 3 pecks of oatemeale at 4s 8d per 

bushell is, 05: 06: 02 
32 gallons and 8 quarters of sweet oj'le at 4s 

08d per gallon, is 07: 12: 10 

The Chirurgeons Bill is 04: 06: 00 
4 hogds of Meale — 4 quarters at 5s per bushell, 08: 00: 00 

2 douzen of howes at 2s y* pee, 02: 08: 00 
The Ironmongers Bill, 04: 10: 00 
4 Flock-Beads* and bolsters at ISs, 03: 12: 00 
IRuggeat 00:15:00 

3 Pigges of Leade and 56c of shott, 02: 07: 10 

4 quarters of Mault with the Caske, 06: 00: 00 
Lines for codde, 06: 02: 00 
Ffish hookes, 02: 00: 00 



Summe, 96: 15: 04 

Transported to the next folio. 

P. 2. Sundrie commodities shipped in the Pide- 
Cowe, amounting unto, as in the last ffolio ap- 
peares, 096: 15: 04 

4 pieces of polaines ffor sailes ffor shallops, at 

25s per peice, 005: 00: 00 

1 quoile of cordage, 001: 10: 00 

2 Bendes of Lether, 001: 16: 00 
* Beds of coarse -wool, or pieces of cloth cut up fine. 



64 NEW-HAMPSHIRE. • [1631. 

8 conias* cost with there cubbes, 001: 04: 00 

Compasses, 000: 18: 00 

Georgius agricolse,! ^^0: 12: 00 

Spices and mustard seed, 000: 18: 03 

Summa is, as appeai'es, 109: 00: 01 

Charges here, 010:19:11 

More, 2bl per centum ffor disbursing the monie 

and bearing the advent^, 030: 00: 00 

Summe to ball, is 150: 00: 00 

These things you are to deliver to the Governour,| Capt. 
Walter Neale, he giving you good beaver ffor them, at 6s per 
pound, if Capt. Neale needs them not, or cannot pay you for 
them, then you may dispose of them otherwise for Beaver as 
occasion offereth. 

4 bar. oatmeale, con [taining] 22 bush. 3 pecks at — (rec. 3 

bar.) 

Fferd. George, 

John Mason, 

John Cotton, 

Henry Gardner, 

Edwin Gage, 

Geo. Griffith, 

Thos. AVarnerton, 

Tho. Eyre, 

William Gyles. 

* Cony — a species of rabbit. 

f A book on Agriculture written in Latin. 

% Capt. Walter Neale, here called " Governor," came to this country — 
says Savage, Gen. Diet., Vol. Ill, art. Neale— early in 1630, by the War- 
wick, as Governor of the plantation of Gorges and Mason ; went home in 
Au"-U8t, 1633, sailing from Boston 13th of that month, after being above 
ten days there. Hubbard says— Mass. Hist. Col., Vol. V. p. 216— "Where- 
as there is mention made of Capt. Neal and the Colony with him 
residing in the [Great House at Strawberry Bank], it must be under- 
stood that the agents of Sir Ferdinando Gorges and Capt. Mason, with 
the rest, had by their order built an house, and done something also 
about salt works, sometime before the year 1630 ; in which year Capt. 
Neal with these other gentlemen, came over to Piscataqua, in the bark 
W^arwick. He was said to be sent as Governour for Sir Ferdinando 



1631.] PROVINCE PAPERS. 65 

P. 3. More : There is in the ffatt [vat?] where the kettles 
are, two rolles of Virginia tobacco, which I rate at 12d per 
pound. I pray put them off in the best manner you can, and 
put the roturnes amounge the adventur^. 

Yours, Tho. Eyre. 

Carpenters tooles, clinch nayles, etc., for the Pinaco wo 
reckon not. 

Indorsed — " Invoice of comodities, 17 November, 1631, to 
Jn. Raiman, purser of the Pide-Cow, to sell for present paye. 
No. 9." 

Gorges and the rest, and to superintend their affairs there. Another occa- 
sion of their sending over was said to be searching, or making a more full 
discovery of an imaginary j^rovince, stqiposed to lie up higher into the coun- 
try, called Laconia. But after three years spent in labor and travel for 
that end, or other fruitless endeavors, and expense of too much estate, they 
returned back to England with a "no?z est inventa provi7icia," nor is there 
any thing memorable recorded as done by him or his company, during the 
time of his three years stay, unless it were a contest between him and 
Capt. Wiggans, employed in like manner to begin a plantation higher up 
the river, for some of Shrewsbury, who being forbidden by him, the said 
Neal, to come upon a point of land that iieth midway betwixt Dover and 
Exeter, Capt. Wiggans intended to have defended his right by the sword ; 
but it seems both the litigants had so much wit in their anger, as to wave 
the battle, each accounting himself to have done very manfully in what 
was threatened ; so as in respect, not of what did, but what might have 
fallen out, the place to this day retains the formidable name of Bloody 
Point." 

It was charged on Capt. Neal that he did not visit the Governor, in 
Boston, before he sailed, as above mentioned. The reasons assigned for not 
doing it, were — "that he was not well entertained the first time he came 
hither ; and, beside, he had some letters opened in the Bay : ergo — except 
he were invited, he would not go to see him. The 13th day he wrote to 
the Governor to excuse his not coming to see him, upon the same reasons. 
' The Governor retorted the discourtesy upon him. * * And for his 
letters, he protested his innocency, as the letters were opened before they 
came into the Bay.' Eo.'j—Winth. 1, p. 127. 

5 



66 NEW-HAMPSHIRE. [1632. 

B. 1, p. 5, 1632. No. 2. 

London, the 18th of April, 1632. 
Mr. George Vaughan : 

Pure trade comodities now shipped aboard of the ship 
John, are as foUoweth : 

£ 8. d. 

158J yards of playnes at 18s per yard, 11: 17: 09 

65i goads of cotton at 2s per goade, 06: 11: 00 

59^ goades at 16d per goade, 03: 10: 08 

59J goades at 28 Id per goade, 06: 03: 11 

90^ yds. of shagge * at ISd pr yd, 06: 15: 09 

51 at 22id per goade, 04: 15: 09 

3 Grey© Ffrises f at 50s per pe, 07: 10: 00 
55 blanketts at 128 pr. pe., 33: 00: 00 

4 courser at 10s per pe., 02: 00: 00 
1 piece of flannel yards 17^ at 12d per yd., 00: 17: 06 

In all to send us by y'' cosin Kinge, 83: 10: 04 

1 piece of copall bayes 64 yds. at 15d per yard, 04: 00: 00 

87:10:04 

These comodities were as you know, all but the three 
ffrises, one cotton and the piece of fflannell, by your taylor 
made into coates and stockings, viz : 

50 men's coates, 

24 children's coates, 

51 wastcoates, 

3 caskots and hose and 

7 dozen and 7 paire of stockings, 

The dyeing and dressing cost 07: 10: 00 

Threed, tape, buttons, lace, 02: 11: 06 

To the taylor for making, 08: 01: 00 

20 paire of sheetes cost 10: 01: 07 

packing, canvas, cartage, custom house, 01: 15: 07 

Summa, 117: 10: 00 

* Cloth having a long coarse nap. Web. Die. 
f A kind of coarse woolen cloth. "Web. Die, 



1Q32.] PROVINCE PAPERS. 67 

P. 6, 'The comodities mentioned in the last folio ar« 
packed as you know in nine bales, marked all with a P, viz : 
No. 1. 20 blanketts, 

2 20 blanketts, 

3 19 blanketts, 

4 1 cotton qts. 821 yds. 

3 ftriscs qts. 20^, 21, 22 yds. 
20 paire of sheetes, 

5 16 men's coates, 

6 16 men's coates, 

7 16 men's coates, 

8 24 children's coates and 
43 wascoatcs. 

In your own trunke, 
3 mens coates, 
8 wascoates, 

3 suites cassocks and hose, 
1 peice of fflannel red. 
So the whole number of coates for men w"^ 1 for y'' owne 
th* remained of a former voyage are 51. When God shall send 
you safe arrival, repaire we pray you unto Captaine Naile,* 
we have written unto him to deliver these comodities unto 
you and such other trade goods as he can furnish you w*** there 
of others if you desire them, and then we pray you to put 
them off for good beaver. Also we pray you to help us there 
w' you can in dispeedingf hither o"" returnes. And then if 
you thinke good to come unto us for another supplie we shall 
like it well. Thus we commende you to God. 
Your loving friends, 

John Mason, 
Henry Gardiner, 
Tho. Eyre, for the rest 
of the Adventurers. 
Indorsed. " Mr. George Yaughan'sJ 
remembrance or the company's 
Invoice of trade goods, 1632, No. 10." 

* Neale. 

f Dispatching, sending soon. 

X George Vaughan, sent by Capt. Mason, probably arrived in Septem- 
ber 1631, and left tho country, August 1G34, for England, whence it is 



68 NEW-HAMPSHIRE. [1632. 

B. 1, p. 9. No. 3. 

London, the 5th December, 1632. 
Mr. Ambrose Gihhins :* 

Your sundrie letters we have received. "We do take notice 
of your care and pains in our plantation and doe wish that 
others had bin that way, the same that you are, and will, we 
.hope, soe continue. The adventurers here have been boo dis- 
couraged by reason of John Gibbes ill dealing in his fishing 
voiage, and also by the small returnes sent hither by Captaine 
Neale, Mr. Herbert, or any of their factors, as that they have 
noe desire to proceed any further untill Captaine Neale come 
hither to conferr with them, that by conference with him they 
may settle things in a better order; we have written unto 
Captaine Nealo to dismiss the houshold, onlie such as will or 
canne live of themselves may stay upon our plantation in such 
convenient place as Capt. Neale, Mr. Godfrie and you shall 
thinke fitt, and after conference had here with Captaine Neale 
they shall have a reasonable quantity of land granted unto 
them by deed. 

We praie you to take care of our house at Newichewanick,f 
and to look well to our vines; also, you may take some of our 
swine and goates, which wo pray you to preserve. 

We have committed the choise care of our house at Pascatt- 
awayj to Mr. Godfrie and written unto Mr. Warnerton to 
take care of our house at Sti-awberry bancke,§ our desire is 

not thought he ever returned again (Savage Gen. Diet.) ; yet the name of 
Vaughan is distinguished in N. H. history, probably relatives or descend- 
ants of George. 

* Ambrose Gibbens, factor of the company of Laconia, arrived at 
Pascataqua, 1630, and his wife came the year following. 1648 he was 
Selectman of Dover, living at that part called Oyster River ; died, July 11, 
1656. His daughter Rebecca married Henry Sherburne. Sav. Gen. Diet. 

t At Berwick Falls. 

% Manor house, built by Mason. 

§ The "great house" at Strawberry Bank, or Portsmouth. Hence it 
appears at this time, under Gorges, Mason, and the adventurers, there were 
but three "houses" or three places of settlement, beside that of Edward 
Hilton, further up the river. See Brewster's Rambles, pp. 16-19. 

Godfrie, Edward, " was very honorably entrusted by Mason and his 
joint adventurers as appears by this letter. He afterward was first Alder- 



1G32.] PROVINCE PAPERS. 69 

that Ml*. Godfrie, Mr. Warnerton and you should joyn lovingUe 
together in all things for our good and to advise us what our 
best course will bo to doe another year. 

You desire to settle yourself upon Sander's point. The ad- 
venturers are willing to pleasure you not only in this, in re- 
gard of the good report they have heard of you from tyme to 
tyme, but alsoe after they have conferred with Capt. Neale, 
they determine some further good towards you for your fur- 
ther incouridgment. 

We desire to have our fishermen increased, whereof wee 
have written unto Mr. Godfi-ie. Wee thank you for assisting 
John Pvaymond, wee pray you still to bo hclpftil unto him, that 
he may dispatch and come to ns with such retourne as he hath 
and if he hath any of his trade goods remayning unsold wee 
have willed him to leave them with you, and wee doe hereby 
pray j^ou to receive them into your custody and to put them 
off with what conveniency you canne, and to send us the re- 
tournes by the first shipp that cometh. Thus we commend 
you and y"" wife to the protection of the Almighty. 
Your loving friends, 

John Mason, 
Henry Gardiner, 
Geo. Griffith, 
Tho. Warnerton,* 
Tho. Eyre, for my children. 
Indorsed — " The company 
of Laconia to Mr. Ambrose 
Gibbins, London, .5 December, 
1632. KeC^ the 30th June, 1633." 

man of Agamenticus, under Gorges, 1641, and in 1G49, Governor of the 
Province of Maine, but in 1652, became freeman of Massachusetts by vol- 
untary submission." Felt says " he boasted in 1654, that he had for forty- 
five years been a promoter of New-England, 32 years an adventurer for 
settling it, and for 24, an inhabitant ot York, and the first that ever 
thought of settling there." Sav. Gen. Die. 

* Of Thomas Warnerton, whose name is often mentioned in these pa- 
pers, Gov. Winthrop says, (Hist., Vol. II, p. 178, also note, by Savage) 
*' About this time [1644] Mr. Vines of Saco, Mr. Short of Pemaquid, and 
Mr. Warnerton of Pascataquack, wont to La Tour [Governor of Nova 
Scotia] to call for some debts, etc. In their way they put in at Penobscot> 



70 NEW-HAMPSHIRE. [1633. 

B. 1, p. 11. 1633. No. 4. 

'Newitchawanick. 
Accompt being made w*"" Steven Kedder the first of March, 
1633, there appears to be due unto him for his nine monethes 
service, 04£: 00s: OOd 

To be deducted for provitions delivered to him out 

of the store of Newitchawanick, 03: 05: 03 

Remaines due unto Steven Kedder, fourteene shil- 
lings and nine pence, 00: 14: 09 

Rec** of Mr. Ambrose Gibbens, the 3d of March, ") 
1633, in full satisfaction uppon this accompt, Beaver I B. 
one pound and a halfe, for the use of the adventur- j 01^ lb. 
ere of Laconia, I say rec^ Beaver. j 

Per me, f-f the signe of 

Steephen Kedder. 
In v^itness of me 

Charles Knill. 
Indorsed — "Stephen Kedder his accompt the 3d of March, 
1633." 

and were there detained prisoners a few days; but afterward going to 
La Tour, Mr. "Warnerton and some other Englishmen of the eastern parts 
were entertained by him, and sent with some twenty of his men to try if 
they could not take Penobscott, for he understood the port was weakly 
manned and in want of victual. They went first to a fi^rm house of 
D'Aulnays, about six miles ofl", and there Warnerton and two more men 
went and knocked at the door with their swords and pistols ready, one 
opens the door, and another presently shoots Warnerton dead, and a third 
shoots his second in the shoulder. This Thomas Warnerton was a stout 
man, and had been a soldier many years ; he had lived very wickedly 
in whoredom, drunkenness and quarreling, so as he had kept the Pascata- 
quack men under awe of him divers years." Mr. Savage adds, in a note, 
" Warnerton seems to have died as he lived." Josselyn mentions that sev- 
eral of his friends at Pascataqua came to take leave of him, 24 September, 
1639, and says, "among the rest Capt. Thomas Warnerton, drank to me a 
pint of kill-devil, alias Khum, at a draught." At a Court at Newtown, 4 
August, 1635, John Holland affirmed that Mr. Thomas Warnerton threat- 
ened to sink his boat, if he would not pay him a debt that Henry Way 
owed him, and called him rogue and knave, and said they were all so in 
the Bay, and that he hoped to see all their throats cut. It was ordered 
that the said Warnerton should put in sufficient sureties for his good be- 
haviour, and in the meantime to remain in durance. 



1633.] PROVINCE PAPERS. 7l 

B. 1, p. 12. No. 5. 

New itcha wanick. 

Accompt being made w"' Thomas Blake, the first of March, 

1633, there appears to be due unto him for his nine months 

service, £ s. d. 

04:00:00 

To be deducted for provitions delivered to him out of 

the stoaro of Newitchawanick, 00: 10: 04 

Romaincs due unto Thomas Blake, three prounds, 

nine shilling and eight pence, 03: 09: 08 

ReC^ of Mr. Ambrose Gibbens, the 3d of March, 1633, in full 
Batisfaction uppon this accompt, Beaver, seaven pounds for the 
use of the adventurers of Laconia. I say rec*^ Beaver. B. 07 lb. 
Pr me, the signe 

of M Thomas Blake. 
In witness of me, 

Charles Knill. 
Indorsed. — "Thomas Blake, 
his accompt, the 3d of March, 
1633." 

B. 1, p. 13. No. 6. 

Beaver disposed on since the first of April, 1633. 

Bnp. Pd. the Smith for work, 2 lbs. of beaver and 2 shillinga 

in beaver at 2 several times. 
Pd. Mr. Bole for 7 gallons of aq. vitae and spice, beaver 4 lb. 
Pd. Mr. Luxon for 10 gallons and 2 of venigar, beaver 2 J lb. 
To Mr. Luxon for i a bari*ell of butter, beaver 1 lb. and 14 oz. 
For 2 pr. of shoes and 2 axes, beaver 1 lb. 
For 6 gallons of mathiglin, beaver 2 lb. 
To the taylor for mending blanketts, beaver ^ lb. 
June 20. 

For sope, beaver 1 lb. 

For 7 gallons aq. vitae, 2 otters and 4 musquosh with stones. 
For 14 fathom of wamp. beav. 15 lb. f qrs. 
For 1 fathom of black wamp., 2 lb. i beav. and 3 martines 

[marten skins], 
For my charges in the Bay, 2 lb. of beav. 



72 



NEW-HAMPSHIRE. 



[1633. 



For 8 lb. of tobacco, 1 lb. of beav. 

To the fishermen for carrying me into the Bay, 1 

For 2 bush^ of salt, i lb. of beav. 

For 2 bush' of come, 1 lb. of beav. 

Imp. 20 gall. aq. vitae, at 4s 6d per gall. 

Butter, 21 lb. and J, 

Sope, 8 lb. J, 

For Labrisse and Charles, their charge. 

For candles, 

Pd. to Capt. Mason for 1 hogs, and J of mault, 

beaver. 
More to Capt. Mason for 5 lb. and I of sugar, 
More to Capt. Mason for 8 galls, of sack, 
p. 14. 2 galls, of oyle, beaver, 
November 20th. 
One c. of corfish [cod], beaver, 
For 2 jares of oyle, 
For 2 gallons and i of aquay, 
Febuary 20. 
For 200 of dri fish, 
For 14 booshels of rie. 
To John Grear for 3 booshels of corne. 
For Phillip Swadden for 9 booshels of corne. 

Indorsed. — " Accom. 
Beaver disposed of 1633." 



lb of beaver. 


9 1b. 


beav. 


lib. 


J 


1 




1 lb. 




lib. 




7 1b. 




^ib. 


beav. 


3 1b. 


beav. 


lib. 


J 


8 1b. 


i 


2 1b. 




2 lb. 


beav. 


5 1b. 


beav. 


4 J beav. 


2 beav. 


5 beav. 



B. 1, p. 15. No. 7. 

18 June, 1633. Eeceived by me, Charles Neale, by order 
from Captaine "Walter Neale, of Ambrose Gibbens, one hun- 
dred sixfy-five pounds weight of bever, seaventeene pounds 
weight of otter, seaventeene martin skins, two fo [s], three 
racoon skins, and fourteene musquash skins. 

Charles Neale. 



No. 8. 

A remembrance of those things that I gave a receite for un- 
to John Raymon at his going for England. 
Imp. Is 7 H. of pease and 8 booshels. 
" 11 rundites of aqua-vity containing 260 galls. 



1633.] PROVINCE PAPERS. 73 

Imp. 14 gallons of sack, 

164 pare of shoog, 44 pare of soyled at sea, 
13 kettles, 
72 cootes, 
17 wast-cootes, 
191 pare of stockins, 
40 blanketts defect, 
6 barnstable blanketts, 
78 hatcites, 
51 shirts, 

12 pound of prunes, 
11 yards of wampum-peale ? 

3 pare and i of shooes, 

4 dozen of spoons. 

For those above he hath my hand. Since he sent me from 
the Isle of Sholes 6 lb. of role tobaca, 2 bundles of lase, and G 
knotes of tape. 

Indorsed. — " A note of goods from John Eaymon which he 
hath my hand for. June, 1G33." 



B. 1, p. 16. No. 9. 

Original letter from Mr. Gihhins. 

After my umble duty remembred unto your worship, I pray 
for your good health and prosperity ; these are certifiing your 
worship for the goods I have received from you. I have de- 
livered unto Mr. John Raymon 76 lb. and 4 onuses of beaver, 
10 otters, 6 musquashes and on [e] martin ; more that Capt. 
Nealo had 858 lb. and ii ounses of beaver and otter, 17 mar- 
tins, on [e] black-fox skin, on [e] other fox skin, 3 racoon 
skins, 14 musquashes, two of them with stones. Mr. llaymon's 
present departing and the intermixing of all the trade goods 
in my care, until Mr. Vaughan com I cannot give you any sat- 
isfaction for the account of trade. I did advise Mr. Eaj^mon 
to return with all speede unto you. Your letters I received 



74 NEW-HAMPSHIRE. [1633. 

the 7th of June. At large I wil write, if God wil by the next. 
Thus taking my leave I commit your worship to Almighty 
God, from Newichawanick, this 24th of June, 1633. 
Your worship at comand, 

Ambrose Gibbin. 

Mr. Eaymon has left a noot of perticular debtes which I do 
not dout but are good, and by his account, say do amount un- 
to 22 pound and ^ of beaver. 

Indorsed. — " Mr. Gibbens to 
the company No. 4." 

B. 1, p. 17. No. 10. 

An estimate of the trade goods left at Newichawanicke, 
July, 1633. 

17 lined cootes, 
7 unlined at ISs per peese, 
11 ruggs, 

5 papoose cootes, 

2 wast cootes, 
16 mouse cootes, 

3 cootes lined, 

14 mouse cootes at 15s pr peese, 
30 gallons of aqua-vity, 

6 pare of ould sheetes, 
on[e]rugg, 



14 wast cootes at 4s pr. peese, 
39 men's cootes, 
6 barnstable soyled ruges, 
26 rotten blankits, 
19 pare of stokins at Is 6d pr. peese, 
71 pare of stokins at Is 4d pr. pa. 
32 shirtes ould and new at 4s pr. peese, 
51 pare of shooes at 2s Gd pr. pare, 
24 pare coorse rotten stokins, 



£ 


s. 


d. 


17 


00 





05 


05 





11 


00 





02 


10 





00 


08 





16 


00 





03 


00 





10 


10 





07 


10 





03 


00 





01 


00 





77 


08 





02 


16 


39 


00 





06 


00 





05 


00 





01 


08 


6 


04 


13 


8 


06 


08 





06 07 


6 


01 


04 






1633.] PROVINCE PAPERS. 75 

4 kittles, 
29 hatchits, at 28 pr. peese, 
14 pare of rotten shooes, 



03 


00 





02 


18 





01 


00 





79 


15 


8 


77 


03 





15G 


18 


8 



Indorsed. — "An estimate of the 
trade goods, 1G33." 

B. 1, p. 18. No. 11. 

This present writing testifieth that Charles Knill doth cove- 
nant, "w"" Capt. Walter Neale, Governor of Pascattaquack, in 
JS^ew-England, in thfe behalf of Capt. John Mason of London, 
Esqr. and company, that the said Charles Knill shall serve at 
the plantation of Pascattaquack, for the use and benefitt of 
the said Capt. John Mason and company, from the date of this 
present writing until the first of March next ensuing, during 
\}'^^ said time, the said Charles Knill doth promise to doe all 
faithful service to the said Capt. John Mason or his assignes. 
And the said Capt. Walter Neale doth promise in the behalfo 
of the said Capt. John Mason, that the said Charles Knill shall 
well and truely be paid for his service during the said time, 
the somme of sixe poundes, either here in New-England or in 
any other place where the said Charles Knill shall convenient- 
ly appoynt, and the said Walter Neale doth further promise 
in the behalfe of the said John Mason, Esq. and company, that 
the said Charles Knill shall have passage into England the next 
yeare after the said terme expires, in any such shipp as shall 
be sent hither for this plantation, provided that the said 
Charles Knill shall serve in the aforesaid plantation untill the 
shipps departure (if it shall be soe required) after the rate 
aforesaid. In testimony whereof the said Charles Knill hath 
here unto subscribed, this first of Julio, 1633. 

This is the true coppie of the covenant between Capt. Wal- 
ter Neale and Charles Knill in the behalfe of the company. 



76 



NEW-HAMPSHIRE. 



[1633. 



B. 1, p. 19. No. 12.* 

Mr. Gibbine — You shall rec. by the bearer Grear John ? 
three bundles of lace with six bundles of tape wh'''' I pray rec. 
for ould favors, for each wh"'' owes me 2 lb. 3 ounces of 
beaver, whereof I pray take notice of. Also I have sent you 
by him a rowle of tobacea belonging to the company wh*^*" you 
may please to put off according to y"" discrassion. 

Note. John Barcraste owes me for 1 barr. of pease and six 
gallons of aqua, seven pounds of beaver wh'='* I pray take 
notice of, and call in as the rest of the debts accordingly. Not 
els, but my love to yr self, Mrs. Gibbins, little Becke and the 
rest. I take leave and always remain, 

yr. lo. friend and faithful servant, 

Jn. Eaymond. 

Indorsed — " Jn. Eaymonds last letter, 1633, to Mr. Ambrose 
Gibbins at Newichawannick." 



B. 1, p. 20. No. 13. 

Goods left by Mr. George 
Vaughan. 



Imp. 17 linde coats, 

7 unlinde coats, 
11 ruggs, 
5 papoose coats, 

2 was coats, 
16 mouse coats, 

3 coats lined, 
14 mouse coats, 

? ould sheets, 
30 gall, aqua-vitae, 
1 rugg. 

For these I have given a reseit 
to George Vaughan.f 

Indorsed — "Note of the trade 
goods that remain at Newichawa- 
nick, 1G33," " and also George 
Vaughan, the company's factor." 



Goods left helonging to the old 
store and left by Mr. Ray- 
mond. 

14 was coats whereof 1 of the old 

store, 
39 men's coats, 

6 Barn, soy led ruggs, 
20 rotten tome blanketts, 

6 rotten blanketts. 
In the store house at Newichawan- 

ick. 
19 pr. of stockings, 
5 doz. and a 11 pr. of stockings, 
course, 
32 shirts old and new, 
61 pr. of shoose, 
2 doz. of coorse rotten stockings, 
4 kittles, 

2 doz. and 5 hatchets, 
rotten shoes 14 pr. 

These things I have given a re- 
seit unto George Vaughan to satis- 
fie the company in England. 



* Compare with No. 8. 

f Evidently the writing of John Eaymond. 



Ed. 



1G83.] 



PROVINCE PAPERS. 



77 



B. 1, p. 21. 



No. 14. 
Newitchwanickc, 1 D. of Julie, 1633. 



In the Garrett. 



Imp. ,3 flock beddes,* 
3 boulsters, 
8 niggs, 

2 pr. of sheets, 

3 whipp sawes, 
1 frame sawe, 
1 roade [rod], 
1 herring nett, 

1 runlett with bono ashes and 

crucibles, 

2 hand saws, 
1 adz. 

In the Middle Chamber. 

3 cassocks and 3 pr. of breeches, 

of cloth, 
6 stutf wascoates, 

1 flock bedd and boulster, 

3 ruggs, 2 blanketts, 1 pentadoe,f 

5 pr. of shoes, 

6 napkins, 

2 short table cloths. 

In the Great House. 

3 ruggs and 2 pentadoes, 
16 fishing lines, 

10 squidd lines, 
13 mackerill lineS; 

4 knotts twine, 

4 knotts chalke line, 

3 pr. of stuff" breeches, 

4 stutf wascoates, 
2 sacks, 

} of a barr. of powder, 
2 shovells, 

1 Steele mill, 

11 chisolls of sev'all soartes, 

2 pr. of pinchers, 
4 augurs, 

2 gunstock boryers, 

1 spike gimblett, 

2 hammers and 2 irons, 

1 mason's hammer, 

3 iron wedges, 

2 hookes, 

1 stone hammer, 



2 felling axes, 

1 pr. of bcllowes, 
15 recorders and hoeboys, 
30 pr. of linnen stockings, 

6 can vis suites, 
19 pr. of leather stockings, 

6 calfe skinns, 
8 linnen capps, 

24 towels, 

10 plaines of sev'ral soartes. 

In the Little Roome. 

•S hatts, 

1 boulster feathers, 

1 fishing line, 

1 mackerill line, 

3 pewter bottles, 

2 drame cupps, 
2 hand-bills, 

2 padlocks, 

1 small bagg containing aules, 
great needles, hob nayles and 
sparables, 

7 musketts, 

3 carbines, 

6 pr. of bandoleers, J 

1 carbine bagg, 

6 swoards and beltes, 

2 bundles match, 
1 fowling piece, 

1 bason, 

2 platters, 

2 porringers, 

2 spoute potts, 

1 qt. pott, 

1 pinte pott, 

1 iron kettle, 

1 brasse kettle, 

1 iron pott, 

1 iron griddle, 

1 frying pann, 

1 gridiron, 

1 pr. of pott-hookes, 

1 pr. of racks, 

1 glue pott, 

1 pestle and morter, 

1 murkherer ? 

2 chambers, 
1 old kettle. 



* Flock-bed, " a bed filled with locks of coarse wool or pieces of cloth 
cut up tine." Web. Die. 

I A sort of coverlid for a bed. 

X A leathern belt worn by musketeers for sustaining their fire-arms. 
Web. Die. 



78 NEW-HAMPSHIRE. [1633. 

1 iron ladle, 9 bushells of meal and come, 
3 pick axes, 1 iron bound pale, 

2 iron crows, 24 swine great and small, 

1 washing bowle, 7 hens. 2 cocks and chickings, 

1 pr. of ballance and 1 grind stone, 

1 4 lb. waight, 1 psalter. 

P. 21. Received from Mr. Card. 

2 old roaps, 1 chisell, 

1 frying pann, 1 calkin iron, 

1 augur, 1 hatchett, 

1 adz, 1 old lishing line, 

1 broken hand-saw, rec'd 72 foote of wampampeag, 

1 thwart-saw, 1 communion cup and cover of 

4 irons for boats, silver, 

1 gouge, 1 small communion table cloth.* 

Mec'd from Capt. Cummack. 

1 w't rugg, 1 small cann, 

1 pr. of tonges, 1 small [defaced], 

1 fire shovell w'thout handill, 1 small bristow carpetin, 

1 pr. of bellows, 1 flock-bed and boulster, 

1 lamp, 1 flock-bed and boulster, 

1 old kettle, 1 green rugg and 1 blankett. 

1 old pewter bowle. Also rec. of Capt. Neale. 

1 porringer, 16 pr. of childrens stockings and 

1 spoute pott, 52 pr. of a larger. 

Inventory at Newichawanake, 1633. 
P. 22. No. 15. 

At Pascattaquack, 2d Julie, 1633. 

Imp. 28 cassocks, 20 prs. of shooes, 
19 pr. of breeches, codd lines 23, 

18 canvis cassocks, twaine slipps 4, 

2 boults of canvis, 1 old redd wascoate, 

■ 7 hamecks, 1 buttf w'h 5 nets in it, 

6 stuff" cassocks, beaver spears ? 6 doz. and 10, 

8 wt. hatts, scraps 5, 

7 balls of cotton, 4 old tinses ? 

^ a hide and 2 peices of shoo leather ruflP and clinch in 3 barrels, 
1 watering pott for a garden, some nayles and sparables, 

1 still and worme, spout potts 5, 

* No distinct mention is made in these early records of public religious 
services, or of any officiating clergyman, yet from the articles here men- 
tioned, it is reasonable to infer, that religious service was not neglected. 
Beside " 1 psalter," " 1 communion cup " and " 1 small communion table 
cloth," in this inventory, we find in another place, " two service bookes." 
See No. 15. Ed. 

f Butt — A cask. 



1C33.] 



PROVINCE PAPERS. 



79 



4 leaves of tinn, 

a little trunk with 13 band, 

some hooks and cics, 

hocboys and rocoi'dors 2G, 

1 anvill, 

1 hhd. of match, 

1 budge barrel], 

codd lines not-band 10, 

stockings pr. 4, 

J a ferkin of muskett bullets, 

thwart sawes 3, 

7 aule-bladcs, 

1 baking iron, 

munmorth ? capps 3, 

1 barrell w'th some spickes, 

2 doz. and h small blocks, 
dead-mans dies doz. 1. 

a small quantity molasses, 

plane irons small IG, 

plane irons great 4, 

hasps for doors 7, 

tapp boarers 4, 

chissells 13, 

1 sett for a saw, 

hammers 4, 

calkin irons 4, 

old hatch etts 5, 

augurs 15, 

bung boarers, 2 

iron pott 1, 

iron wedges 6, 

1 bed and boulster, 

1 rugg, 

1 blankett, 

barrs of iron 6, 

Steele barrs 3, 

leads for codd lines 24, 

old kettles 3, 

yarsee ? stockings pr. 9, 

mackerill lines doz. 2 and 3 lines, 

chalk lines knotts 3, 

feathers 1 q. 

bitts doz. 2, 

small files 41, 

bigger files 3, 

rasps 5, 

copp nayles 57, 

10 brass rings, 

poynts doz. 5, 

gang hooks for cott 11, 

small hookes 4, 

several papers needles of sevr'l 
soartes, 

small scales pr. 1, with waights bo- 
longing, 

redd bayes yards 18J, 

spitt 1, 



leads for netts 20, 

billbowes 1, 

codd lines band G, 

11 furnace barrs of iron of 2 foote, 

shott moulds pr. 1, 

8 augurs, 

1 tinn funnel], 

1 ])int pott, melted, 
pewter bottles 2, 
leather bottles 2, 

2 drame cups, 
1 old axe, 

1 bagg of wier hookes, 

mill pecks 3, 

chisell 1, 

1 iron gimblet, 

1 markin iron, 

1 sea com passe, 

oat meale ^abushell, 
10 bushells of meale, 

2 butts of mault, 

19 pounds of candles, 
smith's tools of sev'rell soartes, 
mason's tooles, 
1 pick axe, 

1 barrell and J of pease, 
1 iron crow, 
old boults and other old iron, 

1 bedd, 2 boulsters, 

2 ruggs, 2 pr. of sheetes and 
1 pentadoe, 

1 bedd and boulster and 
1 greene rugg, 
1 old seane, 
10 herring netts, 
1 spiller, 

8 p]atters pewter, 
1 whipp saw, 
1 thwart saw, 
1 barrel of match, 

1 drume, 

2 barrels of powder, 
2 roades [rods], 

2 herring netts and 

2 seanes, 

1 quoile of roapes, inch 2 and ^, 

1 bedd and boulster and 

2 old blanketts, 

1 bed and boulster and 3 pr, of 

sheetes. 
1 pentadoe, 
1 new sasser ? 3 inch and \ of an 

inch, 

3 flock beddes, 

3 boulsters, 3 ruggs, 

1 blankett and 1 pr. of sheets, 

2 pcntadocs, 



80 



NEAV-HAMPSHIRE. 



[1633. 



1 bedd and rugg, 
4 basons, 

6 platters, 
3 saucers, 

2 porrengers, 
1 quart pott, 

1 jack* of leather to drink in, 
1 stuo pann, 

1 jack to roast meate, 

2 spitts, 

1 iron skillett, 

3 kittles, 

1 brasse ladle, 

2 fryings panns, 

1 mustard-quarne? 

2 iron potts, 

3 pott rackes, 

2 pott hookes, 
1 flesh hooke, 
1 grater, 

1 iron bound paile, 

3 great iron morter and pestle, 
1 great wire, 

1 beake horn, 
1 anvill, 

1 sledge, 

2 hammers, 

1 pr. of great bellowes, 

1 furnace, 

1 Steele mill, 

1 old blankett, 

1 crewitt, 

1 old ole [oil] kittle, 

1 grinde stone, 

1 barr. and J of pitch, 
^ a barr. of tarr, 

2 Crowes of iron, 

1 bedd and boulster, 4 ruggs, 
1 pentadoe, 

1 pitch kettle, 

3 cleaver wedges, 
planke pine 151, 

2 sackers, 
1 minion, 

1 falcon, 

3 ladles, 

3 spounges, 

2 scowrers, 
shott, 

20 lbs. of leafe tobacco, 

1 pewter dish, 
18 swords and 4 swoards at Mr. 
Warnerton's house, 

9 belts, 

3 carbine baggs, 

* A pitcher made of leather, 
■j- Tongs. 



6 carbines, 

6 fiaskes, 

10 spoones, 

1 short carpitt, 

bristow carpetine for a bedd, 
redd and wt. boulster for a bedd, 
tongues,! bellows and andirons of 

each 1 pr. 
21 musketts, 

2 fowling peices, 
4 carbines, 

19 bedd peices, 
6 holbards, 
8 harrabuss-acrocks ? 
2 rawenetts, 

2 muck-herers, 

4 chambers, 

18 pr. of bandaleers, 

1 great anker, 
10 cowes and 1 bull and 2 calves, 

goates, No. 8, 

hoggs No. — 

sugar (51 lb. 

1 bedd and boulster, 

3 ruggs, 

1 blankett, 

1 bedd and boulster, 

2 ruggs, 
8 planes, 

1 chisell, 
50 boards, 

6 bedds, 

5 boulsters, 
8 ruggs, 

2 pr. of sheetes, 

1 iron pott and pott hanger, 

2 kittles and 1 old one, 
1 fowling peece, 

1 carbine, 

1 pewter dish, 

1 bason, 

1 pewter qt. pott, 

1 thwart saw, 

1 spitt, 

1 pentadoe, 

1 grinde stone, 
poltrey, 

2 carpitts, 

2 service bookes, 
Connies No. 

boates, roades ? sayles, netts, 
2 chirurgeons chests and 
24 bowles in them, 
2 chamber potts. 



1633.] PROVINCE PAPERS. 81 

B. 1, p. 23. No. IG. 

Newichawanick, July the loth, 1G33. 

Eight honorable, Right Worshipful, and the rest, my humble 
servis membcrcd. Your letter dated the 5th of December, and 
Mr. Are's letter the third of April, I received the seventh of 
June. The detaining of the former letter hath put you to a 
groat charge in the j^lantation : For my care and paines I have 
not thought it much, although I have had very little encor- 
agemint from you and hero. I do not doubt of your good will 
unto mee. For your fishing, you complain of Mr. Gibes. A 
Londoner is not for fishing; neither is there any amity be- 
twixt the West cuntrimen and them. Bristo or Barnstable is 
very convenient for your fishing shipes. It is not enough to 
fit out shipes to fish ; but they must be sure (God wil) to be at 
their fishing place the beginning of Febuary, and not to come 
to the land when other men have halfe their viage. 

Mr. Wanerton hath the charge of the house at Pascatawa, 
and hath with him William Cooper, Rafe Gee, Eoger Knight 
and his wife, William Dermit, and on[e] boy. For your house 
at Newichwanicke, I, seeing the necessity, will doe the best I 
can there and elsewhere for you, until I hear from you again. 
Advice I have sent, but not knowing your intentes, I cannot 
well enlarge, but I refer j^ou to Mr. Herbert and Mr. Vaughan. 
For my settlement at Sanders Point, and the further good you 
intend me, I humbly thank you; I shall do the best I can to 
be grateful. I have taken into my hands all the trade goods 
that remains of John Eaymone's and Mr. Vaughan's, and wil, 
with what convenience I may, put them of. You complain of 
your returnes; you take the coorse to have little. A planta- 
tion must be furnished with cattle and good hire-hands, and 
necessaries for them, and not thinke the great lookes of men 
and many words will be a means to raise a plantation.* Those 
that have bin heare this three year, som of them have nether 
meat, money nor cloathes — a great disparagement. I shall not 
need to speak of this; you shal heare of it by others. For 
myself, my wife and child and 4 men, we have but J a bb. of 
come ; beefe and porko I have not had, but on peeso this 3 

* In Belknap, this sentence is in Ualics, but not so in the original. Ed, 
6 



82 NEW-HAMPSHIRE. [1633. 

months, nor beare* this four monthes, for I have for two and 
twenty months had but two barrels of beare and two barrels 
and four booshel of malt ; our number commonly hath bin ten. 
I nor the servants have nether mony nor clothes. I have bin 
as spare as I could, but it wil not doe. These 4 men with me 
is Charles Knel, Thomas Clarke, Steven Kidder and Thomas 
Crockit. 3 of them is to have for their wages, until the first 
of March, 4Z per peese, and the other, for the yeai-e, 6?, which, 
in your behalf, I have promised to satisfy in money, or beaver 
at 10s per pound. If there were necessarys for them for cloth- 
ing, there would not bee much for them to receave. You may, 
perhaps, thinke that fewer men would serve me ; but I have 
sometimes on[e] C [hundred] or more Indians, and far from 
neybers. These that I have I can set to pale in ground for 
corne and garden. I have diged a wel within the palizado, 
where is good water; I have that to close with timber. More 
men I could have, and more imploy, but I rest thus until I 
heare from j'ou. The vines that were planted will come to 
little. They prosper not in the ground they were set. Them 
that groo natural are veri good, of divers sorts. I have sent 
you a note of the beaver taken by me at Newichawanicke, and 
how it hath gon from me. George Vaughan hath a note of all 
the trade goodes in my custody of the old store, John Eai- 
mon's and George Vaughan's acomtes ; but the beaver being 
disposed of before I could make the divident, I cannot see but 
it must be all onpackt and be divided by you. The Governor 
departed from the plantation the 15th of July,f in the morn- 
ing. So for this time I end, committing you to the protection 
of the Almighty, and ever rest your loving servant, 

Ambrose Gibbins. 

* Probably for beer. 

fit ■will be seen there is a slight anachronism in this date, though we 
may suppose the letter was not finished the day it was dated. Ed. 



1623.] PROVINCE PAPERS. 83 

B. 1, p. 24. No. 17. 

[^Letter from Neale and Wiggen relating to a survey of the lands at 
Fascafaqua, 1G33, having an important bearing on the Wheel- 
xcright deed. For arguments, pro and con, on the validity of 
the Wheelwright Feed, see 1 Coll. N. II. Hist. Soc., pp. 299- 
304; 2 Coll. do., p. 137; Far. Belk., p. 13; 1 Winth. Hist., 
App., Note by Hon. James Savage, pp. 48G-514; and Ms. 
by Hon. C. E. Fotter, soon to be published.'] 

"Whereas Capt. Walter Neale and Capt. Tho. Wiggin booth 
agents or governors,* one for the Pattent of Laconiah and the 
twenty thousand acres pattent at Eands-vough [rendezvous] 
on the south side of Piscataway river or harbor, and the other 
for the patentees of Hilton Poynt. They having received 
orders from the said patentees to make a division of those pat- 
tents into four towns, w^ accordingly they did it, and desired 
us the subscribers advise therein, w*" wee did give them, and 
were present at the doing thereof, and their doings therein is 
as followeth, it being a copia of what they wroate hoome to 
the pattentees : 

Much honored — 

In obedents to your comands have survaied the river from 
the mouth of the harbor to Squamscutt Falls, and liquise from 
the harbors mouth by the sea side to the Massachusetts bounds 
and find the bounds of your Pattents will not aford more than 
for two towns in the river of Piscataway, and the remainder 

* Of Capt. Thomas Wiggin, who is here called Governor, Savage saj-s 
(Gen. Die.) : " He was one of the earliest members of government there, in 
1631, went home next year, 1032, and showed regard for Massachusetts in 
a letter, of August, to Emanual Downing, and in November to Sir John 
Cooke (which are printed in the 3 Mass. Hist. Coll. VIII), he camo 
back in 1633, with agencj' of the Puritan peers, Say and Brooke, probably' 
bringing his wife Catherine, &c. Ho favored the re-union of the New- 
Hampshire people with Massachusetts ; was representative 1645 for Hamp- 
ton, and in 1650 chosen an assistant, in which office he continued serving 
till three years before his death, 1667." Savage further says, ♦' that [at 
the time when the foregoing paper purports- to have been signed, Aug. 13, 
1633] Wiggin was in England, embarking at Gravescnd, in the James, 
for Salem, where he arrived 10 October, after eight weeks passage." Of 
Gov. Neale, see note on p. 64, 1631. 



84 NEW-HAMPSHIKE. [1633. 

will make another good towne, having mutch salt marsh in it, 
and because you would have foui-e townes named, as you^de- 
eired wee have treated with a gentleman who had purchased 
a tract of land of the Indians at Squamscott Falles, and your 
land running up to the said Falles on one side of the river, 
from the Falls about a mile southward, said gentleman having 
a mind to said land on your side to a certain crike and one 
mile backward from the river, w^ was agreed on, and the 
crike is called Weelwrights, the gentleman's name being 
Weelwright, and he was to name said plantation (when set- 
tled) Exeter, and the other two townes in the river, the one 
North-ham, and Portsmouth the other, bounded as followeth : 
viz. Portsmouth runs from the harbors mouth by the sea side 
to the entrance of a little river betweene two bed lands w"^ 
wee have given the names of the little Bores-hed and the great 
Bores-bed, and from the mouth of that little river to go on a 
straight line to the aforesaid creeke, which wee have named 
Weelright creeke, and from thens down the river to the har- 
bor mouth where it began. And North-ham is the bounds of 
all the land of Hiltons Poynt side, and the other land from 
the little river betwene the two Boores-heds to run by the 
sea till it meet with the line betwene the Massathusetts and 
you, and so to run from the sea by said Massathusetts line 
into the woods eight miles, and from thence a twart the woods 
to meete w^ Portsmouth line nere Whelewrights creeke, and 
that tract of land to be called Hampton, so that there is foure 
townes named as you desired, but Exeter is not wh'in the 
bounds of your Pattents, but the grete difficulty is the agree- 
ment about the dividing line betwene the patent of the twenty 
thousand Acres belonging to the company of Laconyah and 
the pattent of Bloody poynt ; the river running so intrycate, 
and Bluddy poynt pattens' bounds from thence to Squamscutt 
Falls, and to run three miles into the woods from the waiters 
side. But for your better understanding thereof wee have sent 
you a draft of it, according to our best skill of what we know 
of it at present, and have drawn a dividing line betwene the 
two Pattents, so that Portsmouth is parte of booth pattents, 
and Hampton we aj)prehend will be holly in the twenty thou- 
sand acre pattent, and North-ham is the bound of Hilton 



1633.] PROVINCE PAPERS. 85 

Poynt patten. If in what we have done be to your likings, 
we shall think our time well spent, and what further comands 
you will please to lay on us we shall readily obcye to the 
utmost of our power. We humbly take leave and subscribe 
ourselves 

Your devoted and most 

humble servants, 

Walter Neale, 
Thomas Wiqgen. 
North-ham on Piscataway River, 
in New-England, 13 Aug. 1633. 

Superscribed — 

"To John Mason, Esq., Governor of Portsmouth, to be 
comunicated to the pattentecs of Laconiah and Hiltons poynt, 
humbly present, in London." 

Wee under written being of the Government of the Province 
of Maine, doe affirm that the above letter written and send by 
Walter Nele and Thomas Wiggin, and directed to John Mason, 
Esq., Governor of Portsmouth, to be communicated to the pat- 
tentes of Laconiah and Hiltons poynt is a true copia compared 
with the originalL* 

And further wee doe affirme that there was ifour grete guns 
brought to Piscatequa which were given b}^ a March' of Lon- 
don for the defense of the river, and at the same time the 

* In regard to tho question whether the foregoing papers be genuine 
or a forgery, II must be noted — 

1. That North-ham was never known or called by that name until about 
1640, when Thomas Larkham arrived there from North-ham, Eng. ; pre- 
viously it was called Cochecho or Hilton's Point. 

2. Portsmouth received that name, as a town, from the General Court of 
Massachusetts, in 1653, and before that time was known and called Straw- 
berry Bancke. 

3. Hampton was the name given at the desire of Kev. Stephen Bacholer 
by the General Court of Massachusetts, in 1639, to the settlement, at 

Winnicumet which was the Indian name. The reader, therefore, must 
judge how a paper drawn up, as it purports, in 1633, could describe bounds 
and give names to places which were unknown, as such, till seven, tioeniij, 
and six years after it was written. Ed. 



86 NEW-HAMPSHIRE. [1633. 

Earle of Warwicke, Sir Ferdinando Gorges, Capt. John Mason, 
and the rest of the patentees sent an order to Capt. Walter 
Neale and Capt. Thomas Wiggin, their agents and governors 
at Piscattaway to make choise of the most convenient place 
in the said river to make a ffortefecatyon for the defense 
thereof, and to mount those ffour guns given to the place, 
■which accordingly was done by Capt. Walter Nele and Capt. 
Thomas Wiggins, and the pattentees servants, and a draft was 
sent of the place that they had made choice of, to the said 
Earle and company, and the draft did containe all the necks 
of land in the north este side of the Crete Island that 
makes the great harbor, and they gave it the name of ffort 
poynt and alioted it so far bake in to the island about a bow- 
shoot to a grete high rock whereon was intended in time to 
sett the principall fforte. That the above is all truth wee af- 
firme, and by the desire of Capt. Walter Nele and Capt. 
Thomas Wiggin, wee have ordered this wrighting to ly in our 
ffiles of records of these doings therein. In witness whereof 
wee have here unto sett our hands and seles at Gorgiana,* in 
Province of Maine, in New-England, 20th August 1633. 

Rich. ViNES.f [Seal.] 
Henry Jocelyn.| [Seal.] 
Indorsed. " Copia bounds of 4 townes on the south side of 
Piscataqua river, and the fort poynt to ly on our Files of Rec- 
ords, August, 1633." 

* Agamenticus was laid out as a city by Ferd. Gorges in 1639 and 
named Gorgeana; now York, Me. 

f Kichard Vines was governor of the plantation at Saco, under Gorges, 
but did not receive appointment to that office till September 2, 1639. He 
lived at Winter Harbor near the Saco. He was of the Council and acted 
as one of the Justices in the trial of Kev. George Burdett, once preacher 
at Dover, on the charge of adultery. 

I Henry Jocelyn or Josselyn was agent for Capt. Mason, 1634, lived 
a while at Black Point, now Scarborough, held courts in 1647, 1648. 
Savage says. Win. Hist. Vol., II, p. 2.55, " For his long acquaintance in 
the country, he was selected, 21 June 1664, with others, as a commis- 
sioner of Sir Ferdinando Gorges. He was chief of a commission under 
authority of the royal commissioners in 1666 to hold a court at Casco. 
The precise time when he came to this country is not determined. Ed. 



1634.] PROVINCE PAPERS. 87 

B. 1, p. 25. No. 18. 

John Pickering, credif unto Mr. Ambrose Gibbens, in the 
yeares of the Lord, 1G33 and 1634, as foil. : 

je 8. d. 
Imp. For Thomas Crockett, 3 weeks diet, 00: 12: 00 
For stone-work to the chimney, 01: 00: 00 
For the carpenter's worke, belonging to the 
chimney, and lengthening the house the 
depth of the chimney, 02: 00: 00 
7 C of lOd nails, 00: 07: 00 
For levelling the lower flower, 00: 05: 00 
For plastering the chimney, 02: 00: 00 
For 2 ladders and a wheelbarrow, 00: 10: 00 
For 26 C foote of boards, at 7s per 09: 02: 00 
For the fi*ame of the house from the chim- 
ney to the south ende : 06: 00: 00 

21: 16: 00 
John Pickering, debf^ unto Mr. Ambrose Gibbens, 
pr pruitions* delivered to him at several times, as 
by account appears, the some of 10: 03: 04 

Deduct these two sumes, the one from the other, 
ther remains due unto John Pickering the some 
of eleven pounds, twelve shillings and eight pence, 11: 12: 08 

September the 6th, 1634. 
Rec'd of Mr. Ambrose Gibbens, in full satisfaction uppon 
this accompt, eleven pounds, twelve shillings and eight pence. 
I say rec'd the day and yeare above written, in beaver, at lOs 
per lb. 

In witness of me, l The signe, 

Charles Knill. ) by me, of f John Pickering. 

Indorsed — " Pickerings ac- 
compte with Mr. Gibbens, 
1634." 

* Provisions. 



88 



NEW-HAMPSHIRE. 



[1634. 



B 1, p. 26. 



No. 19. 
Newitchawanick. 



Accompt being made w"^ Thomas Crockwood, 
the 23d of Aprill, 1634, there appeareth to be 
due unto him, for his servis for one year, six pounds, 

To be deducted for p'visions delivered to him 
out of the store, three pounds nineteene shillings 
and foure pence, 

Eemains due unto Thomas Crockwood, two 
pounds and eight pence, 

Capt. Neale, his accompt being made the 3d of 
June, 1633, and Thomas Crockwood's the 23d of 
April, 163'J:, he is paid of his old accompt, twelve 
shillings. 

Eec'd of Mr. Ambrose Gibbens, in full satisfac- 
tion, uppon this accompt, for the use of the Ad- 
venturers of Laconia, the 23d of April, 1634, 
Beaver, four pounds and one ounce. 



06: 00: 00 



03: 19: 04 



02: 00: 08 



B. 

lb. oz. 

4 1 



The M signe. 
pr me, of Thomas Crockwood. 
Teste me — Charles Knill. 
Indorsed — " Thomas Crockwood : 
his account, April 28, 1634, and re- 
sait with Adventurers of Laconiah." 



B. 1, p. 27. No. 20. 

Mr. Wannerton and Mr. Gibbins : 

These are to let you know that wee, w*'* the consent of the 
rest of our partners, have made a devision of all our land lying 
on the north-east side of the harbor and river of Pascattaway 
of the quantities of w'** lands and bounds agreed uppon for 
every man's part, we send you a coppie of the draft, desiring 
your furtherance, with the advise of Capt. Norton and Mr. 
Godfrey, to set out the lynes of division betwixt our lands and 
the lands of our partners next adioning, because we have not 
onelie each of us shipped people present to plant uppon our 



1634.] PROVINCE PAPERS. 89 

owne lands, at our owne charges, but have given direction to 
invite and authoritio to receive such others as may be had to 
be tenants, to plant and live there, for the more speedie peo- 
pling of the countrie. And whereas there is belonging unto 
me, Sir Ferdinando Gorges, and unto Capt. Mason, for himself, 
and for Mr. John Cotton and his deceased brother, Mr. William 
Cotton, both whoso interests Capt. Mason hath bought, the 
one halfe of all matters mentioned in the inventorie of house- 
holde stuffo and implements left in trust w"" you by Capt. 
Neale, whereunto you have subscribed yo"" names, and whereof 
a coppie is herew*"* sent, we desire you to cause an equall 
division, as neere as possiblie may, to be made of all the saide 
matters menconed in the inventory in kinde, or if some of 
them cannot be soe divided, then the on[e] halfe to be made 
equall to the other in valew of all the said matters, except the 
cattell and suites of apparell and such other things as belong 
peculiarly to Capt. Mason, and to deliver the said one halfe of 
all the saide matters so to be divided unto Mr. Henry Jocelyn, 
for the use of our Plantations ; taking an inventory thereof 
under his hand, of all you shall so deliver hime, and making 
certificate to us thei-eof And for your so doeing, this shall be 
your suffitient warrant and discharge. And so we rest, 
Y"" verie lovinge friends, 

Ferdin: Gorge, 
John Mason. 
Portsmouth, Maj^e 5th, 1634. 

Indorsed "Sir Fer: Gorge and 
Mr. Mason, to Mr. Wannerton 
and Mr. Gibbins, 5th May, 1634, 
No. 6." 

B. 1, p. 28. No. 21. 

Mr. Gibbins: 

These people and provisions, which I have now sent w"* 
Mr. Jocelyne, are to sett upp two mills uppon my owne divi- 
sion of lands lately agreed upon betwixt our adventurers ; 
but I think not any of them Avill adventure this j'care to the 
plantation, besides Sir Ferdinando Gorges and myselfe; for 
which I am sorrj^e, in that so good a business (albeit hitherto 



90 NEW-HAMPSHIRE. . [1634. 

it hath bene unprofitable), should be subject to fell to the 
ground ; and therefore I have strayned myself to do this at 
this present, and could have wished that the rest would have 
ioyned to have sent you some provisions for trade and support 
of the place; but that failing, I have directed to you, as a 
token from myselfe, one hogshead of mault to make you some 
beare. The servants with you, and such others as remain 
upon the companies charge, are to be discharged and payed 
their wages out of the'stocke of beaver in y' hands, at the 
rate of 12s (?) the pound, whereof I thiuke the company will 
write you more at large : And we have agreed to divide all 
our moveables mentioned in the Inventory that Capt. Neale 
brought home, w'^'* were left in trust w**^ you and Mr. Wanner- 
ton. I bought Mr. Cotton's and his brother's parte of all their 
adventures, so that the halfe of all belongs to Sir Ferdinando 
Gorges and myselfe; and of that halfe, three quarters will be 
dewe to me, and one quarter to Sir Ferdinando. These things 
being equally divided, they are to be delivered to Mr. Joceline, 
my three quarters of the halfe, and the other fourth to whom 
Sir Ferdinando shall appointe. And you must affoi'd my 
people some house roome in Newitchewanocke house, and the 
cowes and goates, w"^ are all mine, and 14 swine, with their 
increase, some grounds to be uppon, till we have some place 
provided upon my new divided lands, or that you receive my 
further order. A copie of the division of the lands is herew'** 
sent unto you. 

The stockings and mault, and suites of cloathes, and suggar, 
and raysinges and wine that was delivered by Mr. Bright and 
Mr. Lewis, I have not received any satisfaction for; wherein 
I must crave y"" helpe and such satisfaction as may be sent by 
this shipp. The christall stoanes you sent are of little or no 
valew, unless they were so great to make drinking cupps or 
some other workes, as pillars for faire lookinge glasses or for 
garnishing rich cabinetts. Good iron or lead oare I should like 
better of, if it could be found.* I have disbursed a great deal 
of money in y^ plantacon, and never received one penny; but 
hope if there were once a discoverie of the lakes, that I should, 

* In Belknap, the two foregoing sentences are in italics. Not so in the 
original. 



1634.] PROVINCE PAPERS. 91 

in somo reasonable time, bo reimbursed againc. I pray you 
hclpo tlio Mr. [master] what you can to somo of tho best iron 
stoano for ballast, and in case ho want other laddingo, to fill 
the shipp upp w"* stocks of cypress wood and ca^dar. Let mo 
here from you of all matters necessary, and wherein I maye 
doe you any pleasure, I shall bo reddio. And so w"' my heartie 
commendacons, I rest 

Yo"" verie loving friend, 

John Mason. 
Portsmouth [Eng.], May 5, 1034. 

Indorsed — " Mr. Mason to Gibbins. 

No. 7. May 1G34. 
Eeceived 10th of July, 1634." 

B. 1, p. 29. No. 22. 

Answer to the Foregoing. 
Sir: 

Yo' Wor'shp have donne well in setting forward your Plant- 
aeon, and for your milles they will prove beneficial unto 
you, by God's assistance. I would you had taken this coorse 
sooner, for the merchants I shall be very cautylous [cautious] 
how I deale w*'' any of them while I live. But God's will be 
done, I and the world doth judge that I could not in these my 
dayes have spent my time for noe thinge, for there sending 
trade and support I desire it not. I have supported but now 
sunke under my burthen ; the more I thinke on this, the more 
is my griefe. I have rec** the hog'' of niault that you sent mo 
giveing you humble thankes for the same. The servants that 
were w"' me are discharged and payd there wages for the year 
past, and I have delivered unto Mr. Warnerton, 43 lb. of beav- 
er to pay those that were w"* him for the year past, for the 
paying of the servants there old wages, or the dividing of the 
goods, I expect a general letter, if not then to hoare further 
from your wor"'*, yo'' carpenters are with me and I will further 
them tho best I can. Capt. Neale appoyntcd me two of your 
goates to keeps at his departinge. I praise God they are 4. 
Of the goods that Mr. Bright left I only roc'' of Capt. Neale 4 
bush'lls of mault and at sevrall times 8 gallons of sack, and 
from Mr. "Warnerton 7 bush'Us and 1 peck of mault, 5 lb. and 



92 NEW-HAMPSHIRE. [1634, 

J of sugar, and 3 pr. of children stockings, and 97 lb. of beefe 
yv'^^ was of an old cow that Mr. Warnerton killed, being doubt- 
full that shee would not live all the winter, for these I will 
pay Mr. Joselin for you. I prceive you have a great mynd 
for the lakes and I as great a will to assist you, if I had 2 
horses and 3 men w**" me, I would by God's helpe soone resolve 
you of the cituation of it, but not to live there myself.* The 
Pide-cow arrived the 8th of Julie; the loth day she cast ankor 
some halfe a mile from the falle ; the 18th day the shippe un- 
laden ; the 19th fell downe the river ; the 22d day the carpen- 
ters began about the mill ; the 5th of August the iron stone 
taken in the shipp ; there is of 3 soartes, on [e] sort that the 
myne doth cast forth as the tree doth gum, w"^'^ is sent in a 
runditjf on [e] of the other soartes we take to be very rich . 
There is great stoare of it, for the other I know not; but may 
it please you to take notice of the waight and measure of 
every sort before it goith into the furnace, and w' the stone of 
such waight and measure will j^ield in iron. This that wee 
take to be the best stone is 1 mile to the southward of the 
great house, it is some 200 rods in length, 6 foot wide, the 
depth we know not ; for want of tooles for that purpose we 
tooke only the surface of the mine. I have paled in a peice of 
ground and planted it. If it please God to send us a drie 
time, I hope there will be 8 or 10 quarters of corne, you have 
at the greate house 9 cowes, 1 bull, 4 calves of the last year, 
and 9 of this yeare ; the[y] prove very well, farre better than 
ever was expected, they are as good as your ordinary cattle 
in England, and they goates prove some of them very well 
both for milk and breed. If you did send a shippe for the 
Westerne Islands of 6 scoare tunne or there abouts for cowes 
and goates, it would be profitable for you. A stock of iron 
worke to put away w'*' your boardes from the mill will be 
good. Nayles, spikes, lockes, hinges, iron worke for boates 
and pinaces, twine, canvis, needles and cordage, pitch and 
tarre, graples, ankors and necessaries for that purpose. 

Sir, I have written unto Mr. John Eound to repair unto 

* In Belknap, in italics. 

f Eundit or runlet, a small barrell that contains a number of gallons. 
Web. Die. 



1G34.] PROVINCE PAPERS. 93 

your Avor''', lie is a silver smitli by his trade, but hath spent 
much time and moanes about iron. May it please j'ou to send 
for him ; he dweileth in Mogall street. If you are acquainted 
with any finer or nicttle-man enquire of him and as you see 
cause send for him, ho is well scene in all myncralls. If you 
deale not w"' him, he will give you a good light for your pro- 
ceedings. The 6th of August the shippo ready to set sayle 
for Saco to load cloave boards and pipe staves; a good hus- 
band with his wife to tend the cattle, and to make butter and 
cheese will be profitable ; for maids they are soone gonne in 
this countrie. For the rest I hope Mr. Jocelyn for your owne 
p'ticulers will satisfie you, for I have not power to examen it. 
This w* my humble service to your wors"" I rest 
Yo"" ever loving servant, 

Ambrose Gibbins. 

Newitchawanock, the 

Gth of August, 1634. 

Indorsed. " The coppie of a 
letter to Capt. Mason, the 6th 
of August, 1634, from Mr. Gibbins. No. 8." 

B. 1, p. 30. 1684. No. 23. 

A remembrance of goods and amonition left with Mr. Joslyn 
in the house of Newitchawanack, w^ goods belonge unto the 
worshipful company of adventi*ers for Laconia. 

Imp. 2 flock-beds and 2 boulsters. 
It. 3 Irish blanketts and 2 Kilkany ruges, 
It. on[e] pare of old sheets. 
It. on[e] pantado coverlid. 

It. one great iron kittle. I received not — illegible. 
It. one iron poot. 
It. one iron skillit. 
It. one pare of pott-rackes, 
It. one pare of poot-hookes, 
It. one spit, 

It. one great brass kettle and one ould kettle, 
It. two pewter platters and one bason, 
It. 7 al — ? spoones, 



94 NEW-HAMPSHIRE. [1634. 

It. 2 hand-saws 6 foote longe, 

It. 8 iron wedges, 

It. one servis booke, 

It. one muck-herer and 2 chambers, 

It. 7 musketts and 6 pare of bandelears, 

It. 2 kerbines and one pare of bandelears, 

It. 6 swords and 6 belts, 

It. one pare of scales, 

It. one grind-stone and iron nesessary, 

It. one Steele mill. 

Goods that your workmen had by your request, promising 
me satisfaction for them. 
It. one ades, 
It. one whip-saw, 
It. one flock-bed and boulster. 
It. one kilkeny ruge and one blankett, 
It. one grind-stone with iron handle and axltree. 

These goodes delivered by me, 

Ambrose Gebbins. 

These goods here under wi'it, borrowed by Mr. Henry Jose- 
lyn for Capt. Mason's use, of Ambrose Gibbens, were spent 
and worne out in his service : 
Imp. Irish blanketts, 

one kilkenny rugg, 
one pare of old sheetes, 
one pentadoe coverlett, 
one ould brass kettle, 
seaven spoones. 
For these goods I acknowledge to be accomptable unto 
Ambrose Gibbins whensoever he shall deliver up his charg of 
goods now in his hands belonging unto y* company of Laconia. 
Witness my hand this 27th day of August, 1634 ?* 

Fr. Mr. Henry Joseltn. 

These are to certifie whom it shall concerne, y' I, Henry 
Joselyn, doe by these charge mj^self to be accomptable (as 
Capt. Mason's agent in !New England, in the year of 1634 ?) 
unto any of the adventurers y* were assotiated in y* company 

* This last figure is obscure. 



1634] PROVINCE PAPERS. 95 

of Laconia or there agents for al such goods as I have received 
fr'm Ambrose Gibbins and here expx'essed in this invoice, for 
Capt. Mason's accompt. Given under my hand this 20th July, 
1634. 



Pr, me, Henry Joselyn. 



Witness, Henrie Sherburne. 

B. ], p. 31. No. 24. 

Boston, Aug"' 20th, 1634. 
ilir. Gibhens: 

Wee only wait for a faire wind. I shall acquaint Mr. Mason 
and y* Eest of the owners fully of what you and I have for- 
merly discourst, and if they give mee incouradgment, hope 
shall see you againe the next yere. Looking over my Papers, 
found the inclosed ; it being the Division of the Townes and 
the coppia of what Capt. Nele and Capt. Wiggins Wroat hoome 
to the Pattentes of Laconiah and Hilton's Poynt; it may be of 
som use to you hereafter j* therefore I send it you lest Capt. 
Wiggins should make a nother bluster. W"^ w'^'^ my kind Love 
to you and your spouse and little Beck, I am 

Your affec* ffriend, 

George Yaughan. 
Superscribed — 
" To Mr. Ambrose Gibbens, 
at Sanders Poynt, in 
Piscataway." 

Indorsed — " George Vaughan letter, 
20 Aug"', 1634." 

Much Honred : 

In obedins to your comands, have eurvaied the Eiver from 
the mouth of the harbor to Squamscut falles, and liquiso from 
the harbors mouth, by the sea side, to the Masatusets bounds, 

*The Paper which follows is the same as No. 17, p. 83, except the pre- 
amble, " Whereas," &c., is omitted, as it is also in Belknap, App. No. 6. 
It is noticeable, also, that in this the date is 1632, but the figure 2 looks as 
if it might have been altered from 3. Also, in the date on the indorse- 
ment, 163-, the last figure is mutilated. The paper purports to be a copy 
of the orr/inal, and if this letter of George Vaughan is genuine, it is im- 
portant in relation to the Wheelwright deed. 



96 NEW-HAMPSHIKE. [1634. 

and find that the bounds of your Pattents will not aford more 
than for two townes in the River of Piscataway, and the 
remainer will make another good town, having much Salt 
Marsh in it, and Because you would a had foure townes named, 
as you desired, Wee have treated with a gentleman who has 
purchased a Tract of Land of the Indyansat Squamscut ffales, 
and your Land running uj) to the said fPales on the One Side of 
the Eiver, and he haveinge a mind to the Land on your Side 
about a Mile Downe the River from the fales to a Certaine 
Crike, and one mile from the River Backe, w'' we have agred. 
on, and the Crike is called Whelerights Crike. The gentle- 
mans name Being Wheleright, and he was to name said Plan- 
tatycon when settled, Exeter, and the other tow tounes in the 
Eiver North-Hamm the one and Portsmouth the other, Bound- 
ed as followeth, vizt, Portsmouth runs from the harbors mouth 
by the Sea Side to the Enterance of a Little river betweene 
two hed Lands, which we have given the name of the Little 
Bores hed and the Gret Bores hed, and from the mouth of that 
Little River to goe on a straight Line to the afore said Crike, 
which we have named Whelewrights Crike, and from Thence 
Doune the River to the harbors mouth, where it began. And 
North-Ham is the Bounds of all the Land of the Pattent called 
Hiltons Poynt, which is from ISechewanake River to the enter- 
ance of the River of Squamscutt, adjoying to Mr. Edward 
Hiltons Plantatyon, and in to the "Woods uppon a North West 
Line. And the Other Land from the Little River, betweene 
the two Bore's beds, to run by the Sea til meets with the Line 
betweene the Massatusetts and you, and so to Run from the 
Sea by said 3Iassatusetts Line in to the Woods Plight Miles, 
And from Thence a Twart the Woods to mete with jiortsmouth 
line nere whelerights Crike. And that Tracte of Land to be 
called Hampton, so that there is foure Tounes named as you 
desired, but Exeter is not within the Bounds of your Pattents. 
But the Greteste Difficulty is the Agrement about the Dividing 
line betweene the Pattent of the Twenty Thousand Acres be- 
longing to the Company of Laconia, and the Pattent of Bluddy 
poynt. The River running so Intrycate, and Bluddy Poynt 
Patten boundes from Thence to Squamscut faleo, and to run 
Three miles in to the woods from the water side. And for 



1G36.] PROVINCE PAPERS. 97 

your Better Understanding thereof, we have sent you a Drafte 
of it Accordingo to our Besto Skill, of what we know of it att 
present, and have Drawn a dividing Lino bctweene the two 
Pattents, so that portsmouth is part of both Pattcnts, and 
Hampton, we apprehend, will be Holly in the Twenty Thou- 
sand Acre Pattent, and North Ham is the Boundes of Hiltons 
Poynt Pattent. 

If what wee have Don be to your likeiuge, We Shall Thinke 
our Time well spent, and what further Comands you will 
please to Lay on us we shall readjdy obey to the uttmost of 
our power. 

Wee humbly take Leve, and Subscribe ourselves 

Your Devoted and Most Humble Servants, 

Walter JSIele. 
Thos. Wiggin. 

North Hamm, on Piscataway Kiver, In New-England, 13 
August, 1G32. Copia. 

Superscribed — " To John Mason, Esq'', Governor of Ports- 
mouth, to be comunicated to the Pattentes of Laconiah and 
Hilton's Poynt, Humbly present. In London." 

Indorsed — " Copy of a Letter to the Pattentees, from Capt. 
Nele and Capt. Wiggin, George Vaughan left with me, August, 
163-." 

P. 33. No. 25. 

London, 10th April, 1636. 
Loving ffriend Gihhens : 

Wee put into Ireland going homo, and there was taken sike 
and lofte behind, and laye so longe before I got well that it 
was the latter end of December laste before I got to London, 
and Mr. Mason was ded.* But I spoke with Sir Ferdinando 
Gorges and the other owners, but they gave me no incouradg- 
inent for New-England. I acquainted y'm fully of what you 
and I discoursed, but theye were quite could in that matter. 
Mr. Masson being ded, and Sir Ferdinando minding only his 

* Mr. Mason died between November 26, 1G35, when his will was made, 
and the 22d of December, 1G35, when the will was proved. 
7 



98 NEW-HAMPSHIRE. [1637. 

own Divisyon, he told me he is a getting a pattente for it from 
the Kinge from Piseataqua to Sagadahock,* and that between 
Meremake and Piseataqua he left for Mr. Mason, who, if he 
had lived would a took a pattent for that also, and so I sup- 
ose the aifairs of Laconia is ded also. I intend to go for the 
Este Indyes. A friend of mine have made me a very good 
proffer and I thinke to take up w*"" it, which is what offers at 
present. Thus with my kind love to you and wife and daugh- 
ter, I am 

Your loving ffriend, 

George Vaughan. 
Superscribed — 
"To Mr. Ambrose Gibbens, 
at Sanders Poynt at Piscataquay 
Eiver, in New-England." 

P. 34. No. 26. 

This indenture made the first day of October, Ann. Do. 1637, 
and in the thirteenth year of the rayne of our Soveraigne Lord 
King Charles : 

Whereas Sr. Ferdinando Gorges, Knight, Capt. John Mason, 
Esquire and their asotiates, by virtue of a pattente is rightly 
invested and seased on a parsell of Land in New-England, in 
America, called Piscataway, and for the prosecutinge of thear 
affairs in thos parts, hath asigned Richard Vines, Henry Jos- 
lin and Thomas Warnerton, gentlemen, theare agents; wee, 
therefore, Richard Vines, Henry Joslin and Thomas Warner- 
ton, do demise, grant, lette unto Francis Mathews, all that 
parsell or portion of lands in Pascataway River, lyinge upon 

* In 1639 Sir Ferdinando Gorges obtained of the crown a distinct char- 
ter in confirmation of his own grant, of " all the land from the entrance of 
Pascataqua harbour, up into the river of Newichawannock to the furthest 
head thereof, and from thence northwestward till 120 miles be finished, 
and from Piseataqua harbor all along the sea coast to Sagadahocke, and up 
the Kennebec river unto the head thereof, into the land northwestward, 
until 120 miles be ended, thence to cross over land to the 120 miles formerly 
reckoned" — with "the north half of the Isle of Shoals, and the Isles of 
Capawocke and Nautecan near Cape Cod, as also all islands lying within 
five leagues of the Main." This was the Province of Maine. Ed. 



1638.] PROVINCE PAPERS. 99 

the north west side of the great Island, commonly called Mus- 
kito Hall, beinge a necke of land by estemation on[e] hundred 
acres or thear abouts, more or less, to have and to hould all 
the demised premises, the appurtenanses to the sayd Francis 
Mathews, his heirs, executors, administrators, assigns, from 
the date hereof, untill the terme of on[e] thousand years be 
fully compleat and ended, yealding and payinge thearfor the 
annual rente of two shillings unto the sayd Sir Ferdinando 
Gorges, Capt. John Masson, their heirs, executors, adminis- 
trators and assigns, if it be lawfully demanded, uppon every 
ffirst day of October during the sayd terme of on[e] thousand 
years. In witness of the truth ? we have hear unto eete our 
bands and scales the day and year above wrighten. 

Rich. Vines, 
Henry Jocelyn. 
Tho. Warnerton. 
Witnesse, 

Narius Hawkins, 
Vera copia. 
Indorsed. — " Vines, Joslin and "Warnerton 
to Francis Mathews, for Musketo Hall, 
October, 1637." 

P. 35. No. 27. 

Loving friend Mr. Gibbens : 

I understand that you have some swine in yo' hands belong- 
ing to ray late husband, Captaine John Mason, and now to mee. 
I pray good Sr. deliver them speedily to y* bearer hereof, 
Ffrancis Norton, whom I have made my general attornie for 
my whole estate in yo' parte, to whom I pray you afford your 
loving assistance in what is convenient, and your equitie and 
love herein shall oblige mee to remaine. 

Yo' loving friend, 

Anne Mason. 

East Greenwich, May 6th, 1638. 

Superscribed. — "To her loving friend 
Mr. Ambrose Gibbens there." 



100 NEW-HAMPSHIRE. [1647. 

P. 30. ^o. 28. 

Lovinge and kind 

Contryman Gibbins, my love with my wives and my sonnes 
love and respects to you and to your wiffe, hoping that you are 
all in good health as wee are at this time. I have receaved my 
Sonne saffe and well, the which T give you many thankes, and 
your wiffe, for your greate care and paynes that you have be- 
stowed with him. I have given Mr. Treriffe*? for his passage 
forty shillings, being as much as I gave for my daughter pass- 
age in money ; but it is as I toUde him beter paye then clabords 
or pipe-staves; but if his undertaker should have rcseaved it 
of me, I would have had a discharge from him for it, but you 
gave him a bill that if I did not pay you would — would when 
you see the bill you gave him, at the botome of the bill you 
shall see a discharge from mee, writ with my own hande, and 
signed with Mr. Trerish's owne hand, for a discharg of that 
bill which you gave him. 

Now, my desire to you will be to know wheat for you have 
rcseaved those debts of mine which I left, but of Tom Jonson 
and old Nickles espesyaliy, for my sonne tells me that Tom 
Jonson lives with you and I would intreate you to give me an 
accounte, whatever I have that theare which will give you 
satisfaction. I shall desire you to make salle of the house and 
ground, and if the cheste of linen, and all other detes and that 
I may understand whether theare will be any thing lefte, and 
if there be, let it be sent in bever, or corne, or any thinge else, 
dear skins or bare skines, and I will returne it to you again in 
trading cloath, or anythinge else that you shall write for, and 
so will eavry yeare after as you shall sendej but if you please 
to send me those thinges in that cheste I shall be willinge to 
repay what you shall thinke fitt for your use heare. So de- 
siring to hear from you as soon as may be, I reste 
Your loving ffrind and contryman. 

To his power, 

Richard Rogers. 

[On the margin, 
March 3d ? 1647.] 

* Or Trerishe. 



1G48.] PROVINCE PAPERS. 101 

I pray you tell Tom Jonson that my soone John hath bin 
at his cosen Jonson's the shoemaker, in Saint Martins, and he 
hath aslied him much of him, regard to him and love. 
Indorsed. — " A letter to Mr. Gibbins 
from his frind about 
accompts 1G48." 
Superscribed. — " To his respected friend and contryman Mr. 
Ambrose Gibins, at his house in Oj'ster 
llivcr, upon the river of Pascataway in New- 
England this." 

P. 37. 

A remembrance of what Irecevedfor Mr. Rogers. 

Of Tuttle, 

Of Layton ? 

Of Emery for eloub*? 

Of Nuter, 

OfGodard400ofcL 

7 18 00 

Of Johnson and Nicoles for the house and lot 2 year, 10 00 00 

For corne and garden stuif, 

For one year to John Eaymon ? 

For your chest and the things in it, 

For 2 year for the house to old Starbuck ? 

For the howse at present at the most six pound, 



£ 


s. d. 





6 00 


1 


00 


3 


00 





12 00 


4 


00 



Mr. Eogers, debitor : 

Laid out to repare the howse. 

And for rates, 

More for repairing the howse, 

For 3'Our daughter for good board for 2 years and 4 

months, seventeen pound, 17 00 

* Clove boards. 



8 


00 


00 


4 00 00 


6 


00 


00 


2 


00 00 


6 00 


00 


35 


00 


00 


7 


18 


00 


42 


18 


00 


£ 


s. 


d. 


3 





00 


1 


00 


1 


10 


00 






8 04 


2 


00 


30 


00 


01 


00 


55 


18 04 


42 


18 



102 > NEW-HAMPSHIRE. [1650. 

And for a coffin and her burial, 

Payd Mr. Hil for you, for helmes 200 of clovebords, 

For John Eogers, his diet and nessaries for 6 yeare 

and 7 months, 
For his diet at Boston, 



13 00 04 
In his letter rest due, 10-19-10. 

Superscribed. — " To his respected fi-iend and countryman 
Mr. Ambrose Gibbens, at his house in Oyster River, upon the 
river of Passcataway in New England, this." 

P. 38. No. 29. 

The Deposition of Stephen Biles and Joseph Mason. 

The said Biles, aged about thirty-five years, and the said 
Mason about fifty-eight years, both testifieth and sayth, that 
in March, 1650, we were both at the house of Mistress Ann 
Mason, in London, the relict of Capt. John Mason, deceased, 
and saw a branch of his will wherein he made his said wife 
Ann, sole executrix, and after that died, it being his last will, 
and further these deponents saith not. 

Testified upon oath before mee, 

Jo. Endecott, Gov'. 

That what is above written is a true copie compared w^ its 
originall so signed and produced in the General Court of the 
Massachusetts in New-England, by Mr. Joseph Mason, May, 
1652. Attest, 



Indorsed. — "Steven Biles 
and Joseph Mason's deposition 
of Mr. Mason's claims, 1650." 



Edward Eawson, Sec'y. 



PROVINCE PAPERS. 103 

Miscellaneous Items relating to New-Hampshire, be- 
tween 1629 and 1636. 

[furnished by HON. S. D. BELL.] 

Instructions to JEndicott, as to earlier settlers from Massachusetts 
Council, 16 Feb'y, 1629. 

" Mr. John Oldham came from New-England not long before 
your arrival there, * * * ^^^ [^ minded, as soon as he can 
dispatch, to come for New-England, pretending to settle him- 
self in Massachusetts Bay, claiming a right by grant from Sir 
F. Gorges' son, which we are well satisfied, by good counsel, is 
void in law. We pray you and the Council there to advise 
seriously together for the maintenance of our privileges and 
peaceable government, which, if it may be done by a temper- 
ate course, we much desire it. But if necessity require a more 
sevei'e course, when fair means will not prevail, we pray you 
to deal as in your discretions you shall think fittest for the 
general good and safety. And because we would not omit to 
do any thing which might strengthen our right, we would 
have you, as soon * * * as you have men to do it, send 
forty or fifty persons to Massachusetts Bay, to inhabit there, 
which we pray you not to protract, but to do it with all speed. 
And if any of our company, in particular, shall desire to settle 
themselves there, or to send servants, we desire all encourage- 
ment may be given them, whereby the better to strengthen our 
possession there against any that shall intrude upon us, which 
we would not have you, by any means give way unto, with 
this caution, notwithstanding, that for such of our countrymen 
as you find there planted, so as he be willing to live under our 
government, you endeavor to give them all fitting and due 
accommodation, as to any of ourselves; yea, if you see cause 
for it, though it be with more than ordinary privileges in point 
of trade. 

BagnalVs Murder. 1 Winth. Mass. 75. 

October 22, 1G31. The Governor received a letter from 
Capt. Wiggin, of Pascataquack, informing him of a murder 



104 NEAV-IIAMPSHIRE. 

committed the third of this month, at Kichman's Isle,* by an 
Indian Sagamore, called Squidrayset, and his company, upon 

one Walter Bagnall, called Great Watt, and one John P , 

who kept with him. They having killed them, burnt the 
house over them, and carried away their guns and what else 
they liked. He persuaded the Governor to send twenty men 
presently to take revenge; but the Governor, advising with 
some of the Council, thought best to sit still a while, partly 
because he heard that Capt. Neal, etc., were gone after them, 
and partly because of the season (it being frost and snow) and 
want of boats fit for that expedition. This Bagnall was some- 
times servant to one in the bay, and these three years had 
dwelt alone in the said isle, and had gotten about £400, most 
in goods. He was a wicked fellow, and had much wronged 
the Indians. 

June 25, 1631. There came a shallop from Piscataqua 
which brought news of a small English ship, came thither 
with provisions and some Frenchmen to make salt. By this 
boat, Capt. Neal, Governor of Piscataqua, sent a packet of let- 
ters to the Governor, directed to Sir- Christopher Gardner, 
which, when the Governor had opened, he found it came from Sir 
Ferdinando Gorges (who claims a great part of the bay of 
Massachusetts). In the packet was one letter to Thomas Mor- 
ton (sent jOTSoner before into England upon the Lord Chief 
Justices warrant), by both which letters it appeared, that ho 
had some secret design to recover his pretended right, and that 
he had reposed much trust in Sir Christopher Gardner. 

These letters we opened, because they were directed to one 
who was our prisoner and had declared himself an ill- wilier to 
our government. Winth. His. N. E. 68. 

The bark Warwick arrived at Natescatt, having been at 
Piscataquack and at Salem to sell corn which she brought 
from Virginia, lb. 86. 

One Abraham Shurd of Pemaquid, and one Capt. Wright 
and others, coming to Piscataquack, being bound for this bay 

* Kichman's Island was some miles south of Portland, and of the line 
subsequently claimed by Massacliusetts. 



PROVINCE PAPERS. 105 

in a shallop with £200 worth of commodities, one of the sea- 
men going to light a pipe of tobacco set fire to a barrel of 
powder which tore the boat to pieces. That man was never 
Been, the rest were all saved but the goods were lost. lb. 94. 

1632, Oct. IS, Capt. Camock and one Mr. Godfrey, a mer- 
chant, came from Piscataquack in Capt. Neal his pinnace, and 
brouglit sixteen hogsheads of corn to the mill. They went 
away in November. lb. 107. 

Nov. 21, 16o2. The Governor received a letter from Capt. 
I^cal that Dixj'- Bull and fifteen more of the English who kept 
about the oast were turned pirates and had taken divers boats 
and had rifled Pemaquid. lb. 114. 

23. Hereupon the governor called a council and it was 
agreed to send his bark with twentj men to join with those 
of Piscataquack fur the taking the said pirates, lb. IIG. 

Dec. 5. By letters from Capt. Neal and Mr. Hilton, etc., it 
was certified that they had sent out all the forces they could 
make against the pirates : viz. four pinnaces and shallops and 
about forty men who coming to Pemaquid were there wind- 
bound about three weeks. lb. 116. 

Feb. 22, 1632. The ship William, Mr. Trevore Master, ar- 
rived at Plymouth. By this ship we had intelligence that Sir 
Ferdinando Gorges and Capt. Mason (upon the instigation of 
Sir Christopher Gardner, Morton and Eatcliff) had preferred 
a petition to the Lords of the privy council against us charg- 
ing us with many false accusations ; but through the Lord's 
good providence and the care of our friends in England, espe- 
cially, Mr. Emanual Downing, who had married the governor's 
sister and the good testimony given on our behalf by one 
Capt. Wiggin, who dwelt at Pascataquack and had been divers 
times among us, their malicious practice took not effect. 
lb. 119. 

Oct. 11, 1633. Capt. Wiggin of Pascataquack wrote to the 
governor, that one of his people, had stabbed another, and 



106 NEW-HAMPSHIRE. 

desired he might be tried in the bay, if the party died. The 
governor answered that if Pascataquack lay within their limits 
(as it was supposed) they would try him.* lb. 138. 

February 14, 1634-5. Capt. Wiggin, Governor of Pascata- 
quack, under the Lord Say and Brook wrote to our governor, 
desiring to have two men tried here, who had committed 
Bodomy with each other and that on the Lord's day in time of 
public exercise. The governour and divers of the assistants 
met and conferred about it but did not think fit to try them 
here. Ibid. 185. 

Four servants of Plymouth killed an Indian, three being 
brought to Plymouth were condemned and executed, the 
fourth escaped to Pascataquack. The governor sent after him; 
but those of Pascataquack conveyed hini away and openly 
withstood his apprehension. It was their usual manner (some 
of them) to countenance etc., all such lewd persons as fled 
from us to them. 76. 321, 323. 

1633, Oct. 10. The same day, Mr. Grant, in the ship James 
arrived at Salem having been but eight weeks between Grave- 
send and Salem. He brought Captain Wiggin and about 
thirty with one Mr. Leveredge, a godly minister to Pascata- 
quack (which the Lord Say and the Lord Brook had purchased 
of the Bristol men) and about thirty for Virginia, and about 
twenty for this place and some sixty cattle, lb. 137. 

This infectious disease [the small-pox] spread to Pascata- 
quack, where all the Indians (except one or two) died. lb. 143. 

1633, Aug. 6. Mr. Graves returned. Capt. Walter Neal of 
Pascataquack and some eight of his company went with him. 
He had been in the bay above ten days and came not all that 
time to see the governor. Being persuaded by divers of his 
friends, his answer was, that he was not well entertained the 
first time he came hither and beside he had some letters 
opened in the bay [ergo] except he were invited, he would not 

* This extract contains the earliest intimatioa seen of any claim of Mass- 
achusetts Colony to New-Hampshire. 



PROVINCE PAPERS. 107 

go see him. The 13th day ho wrote to the governor to excuse 
his not coming to see him upon the same reasons. The gov- 
ernor returned him answer, that his entertainment was such 
as the time and place could afford, being at their first coming 
before they were housed &c., and retorted the discourtecy up- 
on him, in that he would thrust himself with such a company, 
he had five or six gentlemen with him, upon a strangers enter- 
tainment, at such an unseasonable time, and having no need to 
do so, and for his letters he protested his innocency (as he 
might well for the letters were opened before they came into 
the bay), and so concluded courteously, yet with plain demon- 
Btration of his error. And indeed if the governor should have 
invited him standing upon those terms he had blemished his 
reputation. lb. 127. 

9 July, 1634. Sir Ferdinando Gorges and Capt. Mason sent 

• to Pascataquack and Aquamenticus with two saw-mills 

to be erected, in each place one. lb. 163. 

1635, Sept. 1. Divers lewd servants, viz., six, ran away and 
stole a skiff and other things. A commission was granted at 
the General Court, to Capt. Trask, to fetch them and other 
such from the eastward. He pursued them to the Isle of 
Shoals, and so to Pascataquack, where, in the night, he sur- 
prised them in a house, and brought them to Boston. At next 
court they were severely whipped, and ordered to pay all 
charges, etc. lb. 199. 

1636, May 31. The last winter, Capt. Mason died. He was 
the chief mover in all the attempts against us, and was to have 
sent the general Governor, and for this end was providing 
shipping; but the Lord, in mercy, taking him away, all the 
business fell on sleep, so as ships came and brought what and 
whom they would, without any question or control. lb. 223. 

1636, 7 Oc'r. Another [ship] arrived a fortnight after, with 
some cattle and passengers, but she had delivered most of her 
cattle and passengers at Pascataquack, for Sir Ferdinando 
Gorges his plantation at Aquamenticus. lb. 234. 



DOCUMENTS AND FACTS 

RELATING TO 

SETTLEMENTS IN NEW-HAMPSHIRE, 

FEOM 1631 TO 1641, 
PEEVIOUS TO SUBMISSION TO THE GOVERNMENT OF MASSACHUSETTS. 



PORTSMOUTH. 

Previous to 1653, Portsmouth was kuowu and called bj 
the name of Strawberry Bank."^ The river and harbor 
were called by the Indian name Piscaiaquack^ variouslj'' 
spelled, Piscataquacke, Pascataqua, Pascataque, Piscata- 
qua}^ and Piscataqua. 

Here, probably, the first settlement was begun in New- 
Hampshire. But we can not fix the exact date. Of the 
state of the settlement previous to 1631, but little is kuowu. 
Hubbard who wrote in 1680, says : 

" Some merchants and other gentlemen in the west of 
England, belonging to the cities of Exeter, Bristol, Shrews- 
bury, and towns of Plymouth, Dorchester, &c., incited no 
doubt by the fame of the plantation begun at New Ply- 
mouth in the year 1620, having obtained patents for seve- 
ral parts of the country of New-England from the Grand 

* " The bank of the river above where the Great House was built, and 
extending some distance above what is now called Church hill, produced 
a large quantity of strawberries, on which account it was called Sti-awber- 
ry Bank, and Portsmouth was frequently called by the inhabitants of the 
neighboring towns, The ^ Bank,' until the middle of the 18th century." 
Ad. Ann., p. 21. 



PORTSMOUTH. 109 

Council establislied at Plymouth (into whose hands the 
whole country was committed), made some attempt of be- 
ginning a plantation in some place about Piscataqua river, 
about the year 1623. For being encouraged by the report 
of divers mariners that came to make fishing voyages 
upon that coast, as well as by the aforementioned occasion, 
they sent over that year, one Mr. David Thompson,* with 
Mr. Edward Hilton and his brother Mr. William Hilton, f 
who had been fishmongers in London, with some others, 
that came along with them, furnished with necessaries for 
carrying on a plantation there. Possibly others might be 
sent after them in the years following 1624 and 1625; 
some of whom first in probability, seized on a place called 
the Little Harbor on the west side of Pascataqua river, 
toward or at the mouth thereof,! the Hiltons in the mean- 
while setting up their stages higher up the river, toward 

* Thompson, or Tomson, was a Scotchman. He was living at Piscataqua 
in 1626 ; and then, removed to the Massachusetts Bay, and took possession 
of an Island, which received his name, and still is known as Thomi^sorC s 
Island. See Faryn. Belk., p. 5. 

f Edward Hilton and his brother William were the first planters in 
that part of New-Hampshire called Dover Neck. Savage, in 1 Winth. 
Hist., note 116, says, " The name of Edward Hilton, who was a gentle- 
man of good judgment, is often found in our history ; and in 1641, when 
Massachusetts usurped the jurisdiction of the colony of New-Hampshire, 
he became a magistrate." He was a man of enterprise and influence ; pos- 
sessed the friendship of Governor Winthrop of Mass., and was his confi- 
dential correspondent. He may be considered the father of the settlement 
of New-Hampshire; at least of Dover and vicinity. Before 1652, he be- 
came an inhabitant of Exeter ; where he died, 1671, at a considerably ad- 
vanced age. See Hist, Coll. N. H., vol. II, p. 54; also a Biogr. sketch of 
Col. Winthrop Hilton, Hist. Coll. N. H., Vol. I, p. 241. William Hilton, 
'« was at Plymouth in 1621 ; at Dover 1G23 ; at Newbury about 1648 ; at 
Charlestown, Ms., 1665, and there probably died, 1675." Farm, in Holmes 
An.,, p. 183, Vol. I, note. Ed. 

X Tradition has well preserved the exact location. Brewster says — see 
Kamble II, p. 16, '' Odit)rne's Point was the spot selected by the Laconia 
Company for the site of the first building erected on the grant. The 
Manor house was a little north of the hillock which was between it and 
the ocean ; and on that elevation there was a small fort built to protect 
from savage incursions." 



110 NEW-HAMPSHIRE. 

the northwest, at or about the place since called Dover. 
But at that place called Little Harbor, it is supposed the 
first house was set up that ever was built in those parts ; 
the chimney and some parts of the stone wall is standing 
at this day [i. e. 1680] and certainly was it, which was 
called then, or soon after. Mason Hall, because to it was 
annexed three or four thousand acres of land, with inten- 
tion to erect a Manor, or lordship there, according to the 
custom of England ; for by consent of the undertakers in 
some after divisions, that parcel of land fell to his share ; 
and it is mentioned as his propriety in his last will and tes- 
tament, by the name of Mason Hall."* 

Hubbard further says: "The planting of that side of the 
country went on but slowly during the first seven years. 
For in the year 1631, when Edward Colcord first came thith- 
er, there were but three houses (as he aflirmed) in all that 
side of the country adjoining unto Pascataqua river, nor 
is it said that any were built by Capt. Neal ; but after hia 
return home for England, Sir Ferdinando Gorges, Capt. 
Mason, and the rest of the adventurers, sent over other 
agents and supplies, for carrying on their designs.f One 
Mr. Williams was sent over about that time to take care 
of the salt works, that were there begun, and other artif- 
flcers, the chiefest of whom was one Chadbourne, that 
built the great house (as it used to be called), at Straw- 
berry Bank, wnth several others, both planters and traders. 
This Williams being a prudent man, and of better quality 
than the rest, was chosen to be their governor, when, after 
Capt. Neal's going away [1633], they entered into a Com- 
bination for the better enabling them to live orderly one 
by another, for he it was who was governor in 1638, when 
the troubles happened at Dover, between Mr. Larkham 
and Mr. Knolles, &c." 

* See Will, ante, p. 41, N. E. Gen. Eeg., Vol. 2, pp. 37, 38. Hub. 
Mass. 2 Hist. Coll., Vol. 5, p. 214. 

f Brewster, in " Eambles," p. 25, says, eighty emigrants came into the 
Colony in 1631. 



PORTSMOUTH. Ill 

Belknap says: "The date of the combination at Ports- 
mouth is uncertain, their lirst book of records having been 
destroyed in 1652, after copying out what they then 
thought proper to preserve." But that the combination 
existed and was entered into at an early period, appears 
from a Court Record, 1G43.* "John Pickering is in- 
joyned to deliver the old combination at Strawberry Bank 
the next court." Williams was by annual suiFrage con- 
tinued governor of the place, and with him were associated 
Ambrose Gibbins and Thomas Warnerton in quality of 
assistants. 

Hubbard further says : "In 1640, May 25, it is recorded 
how the inhabitants of Strawberry Bank (since called 
Portsmouth) having of their free and voluntary minds, 
and good will, given and granted several sums of money 
for the building and founding of a parsonage house with 
a chappie thereunto united, did grant fifty acres of land to 
be annexed thereunto as a Glebe land belonging to the 
said parsonage, and all was put into the hands of two 
men : viz., Thomas "Walford and Henry Sherburne, church 
wardens." 

Grant of the Glebe in Portsmouth. 

[Copied from Adams' Ann., Portsmouth, App. 394-6.] 

"Whereas, divers and sundry of the Inhabitants of the Lower 
end of Pascataquack, whose names are hereunder written, of 
their free and voluntary mind, good will and assents, without 
constraint or compulsion of any manner of person or persons, 
have granted, given and contributed divers and several sums 
of money toward the building, erecting and founding of a 
parsonage house, with a chapel thereto united, as also fiftie 
acres of Glebe land which is annexed and given to the said 
parsonage, that is to say, twelve acres thereof adjoyneth to 
the said parsonage house and layd out already by meetes and 
bounds, the south part abbutteth upon the edge of the salt 

* In the hands of Judge Bell. 



112 NEW-HAMPSHIRE. 

creeke marsh, and soe tendeth along beyond Eoger Knight's 
field, on the north part it extends towards Strawberry Bank 
creeke, on the north east towards the river Pascataquack, end- 
ing at the great pyne by the house, and the west stretcheth 
up into the main land, whereof there is three acres or there- 
abouts already inclosed with a pale for a corn field, and a gar- 
den thereto belonging, the residue of the 50 acres being 38 is 
thus to be taken, that is to say, the full tenth part of the fresh 
marsh lying at the head of Strawberry bank creeke and that 
being meeted and bounded to take the remainder of the 38 
acres next adjoyning to the said marsh soe layd out, which 
said ground at the time of the said building thereon was deso- 
late and void. 

JSTowthe said inhabitants aforesaid by their common assent 
and consent toward the furtherance and advancement of the 
honor and glory of God, doe give, grant, aliene and set over 
unto Thomas Walford and Henry Sherburne, Church Wardens 
of this parish, to them and theire successors all the said Par- 
sonage house, chappell, corn field, garden, glebe land with the 
appurtenances with all our right, title, interest in and to the 
sayd premises to remane, endure and continue in perpetuitie 
for ever to the use of the aforesaid parish. And that the said 
Church AYardens, ther successors and either of them which are 
yearly to be chosen by the said parishioners, be deemed and 
adjudged only as feoffees in trust to the use and behoof of the 
said parish, and that during the continuation of this combina- 
tion, the Governor and Assistants for the year being, as also 
after the dissolution of sayd combination by his Majcstie, two 
of the principall men of the said parish which shall likewise 
yearly be chosen by the said parishioners, who jointly with 
the church wardens, shall have the ruling, ordering and gov- 
erning the said parsonage house, chappell, glebe land for mat- 
ters of building reparations or ornaments thereto belonging — 
Provided always, that neither the said Governor, Assistants, 
Overseers or Church Wardens, their successors or either of them 
shall not alienate, give, grant, bargain, sell or convert to any 
other use the said parsonage house, chappell, field, garden, 
glebe land or any the premises to any manner of person or 
persons, without the common assent and consent of all the said 



PORTSMOUTH. 



113 



parishioners. And whatsoever act or convejance they shall 
make contraiy to the true intent and meaning aforesaid, shall 
be utterly void and of none eftect. 

And for as much as the said parishioners have founded and 
built the said parHonage house, chappell, with the appurte- 
nances at their own proper cost and charges, and have made 
choyse of Mr. llichard Gibson to bo the first parson of the said 
parsonage, soe likewise whensoever the said parsonage happen 
to be voyd by death of the incumbent, or his time agreed upon 
expired, that then the patronage -presently and nomination of 
the parson to be vested and remain in the power and election 
of the said parishioners or the greater part of them for ever. 

Given under our hands and scales this 25 of May, 1640, in 
the sixteenth year of the reign of our Sovereign Lord Charles, 
by the grace of God, King of England, &c. 

Francis Williams, Governor, Henry Sherburn, 



Ambrose Gibbins, Assistant, 

William Jones, 

Renald Fernald, 

John Crowther, 

Anthony Bracket, 

Michael Chatterton, 

Jno. Wall, 

Robert Puddington, 

Mathew Cole, 



John Lander, 
Henry Taler, 
Jno. Jones, 
William Berry, [Seal] 
Jno. Pickering, 
Jno. Billing, [Seal] 
Jno. Wolten, 
Nicholas Row, 
William Palmer. 



Names of Stewards and Servants sent by John Mason, Esq., into 

this Province of New- Hampshire. 

[Copied from N. E. Gen. Eeg., Vol. 2, pp. 37, 38. Adams' Ann. Ports. 

has the list also, but with slight variation of names.] 



AValter Neal, Steward., 
Ambrose Gibbins, Steward, 

Thomas Comoek, " 

William liaymond, " 

Francis Williams, " 

George Yaiighan, " 

Thomas Wonerton, " 
Henry Jocelyn, Si. 



Francis Norton, Steward, 
Sampson Lane, Steward, 
Renald Furnald, Chirurgeon, 
Ralph Gee, [or Goe] 
Henry Gee, [or Goe] 
William Cooper, 
William Chadborn, 
William Chadborn, jun. 



114 NEW-HAMPSHIRE. 

Humphry Cbadborn, John Sjraonds, 

Ffrancis Matthews, John Peverly, 

Ffrancis Rand, William Seavey, 

James Johnson, Henry Langstaff', 

Anthony Ellins, WiUiam Berry, 

Henry Baldwin, Jeremiah Walford, 

Thomas Spencer, Thomas Walford, 

Thomas Furrall, Thomas Moore, 

Thomas Herd, Joseph Beal, 

Thomas Chatherton, Hugh James, 

John Crowther, Alexander Jones, 

John Williams, John Ault, 

Roger Knight, William Bracket, 

Henry Sherborn, James Newt, 

John Goddard, James Wall, 

Thomas Fernald, William Brakin, 

Thomas Withers, Eight Danes, 

Thomas Canney, Twenty-two women. 

Adams says : 

•' The first ten were stewards, and had the superintend- 
ence of the various branches of business, which were car- 
ried on in the plantation, Godfrie [Edward], who had 
been here some time, lived at Little Harbour and had the 
care of the fishery. He had under his direction six great 
shallops, five fishing boats, with sails, anchors, cables, and 
thirteen skiffs. Chadbourn built a house near the bank 
of the main river, about three miles from the mouth, 
which as called the Great House. This was situated near 
the corner of Water Street and Pitt Street, and was occu- 
pied by Warnerton. Gibbins had the care of the saw- 
mill at Newichawannock, and on his removal to Sanders' 
Point, where the adventurers gave him a tract of land for 
his faithful services, Chadborn removed to Newichewan- 
nock and took charge of the saw-mill. The care of the 
salt works was committed to Francis Williams. Renald 
Fernald was a surgeon. With the persons above named. 
Mason sent over eight Danes and twenty-two women ; the 
Danes were employed in sawing lumber and in making 



PORTSMOUTH. 



115 



potash. The proprietors likewise seat over several can- 
non, and other warlike implements, which their agents 
placed on the northeast point of Great Island, at the 
mouth of the great harbour, which they called Fort Point. 
They laid out the ground about a bow-shot from the water 
side, to a high rock, on which it was intended, in time, to 
build the principal fort." 



An Inventory of the Goods and Implements belonging to the Plan- 
tations at Piscataway and Newichewanock, in Neio-England, 
July, 1635. 

[Copied from Adams' Annals of Portsmouth, App. No. 1, p. 393 ; also, 
see N". E. Gen. Reg., Vol. 2, pp. 40, 41.] 

AT PISCATAWAY. 



Arms and Ammunition. 



3 sakers, 

3 minions, 
2 faulcons, 
2 rabenets, 

4 murthers, 
2 chambers, 

22 harquebusses, 

4 musquets, 
46 fowling pieces, 
67 carbines, 

6 pair pistols, 
61 swords and belts, 



15 halberds, 

31 headpieces, 

32 beaver spears, 
50 flasks, 

pair of bandaleers, 
13 barrels powder, 

iron bullets, 
2 firkins lead bullets, 
2 hogsheads match, 
955 lbs. small shot, 
2 drums, 
15 recorders and hautboys. 



Stores. 



and 



50 cloth cassocks 

breeches, 
153 canvass cassocks and 
breeches, 
46 stuff cassocks and 

breeches, 
80 shirts, 
58 hats, 

40 dozen of coarse hose, 
130 pair of shoes, 
204 pair of stockings, 
79 monmouth caps, 
149 pair small hose, 



27 lined coats, 
40 rugs, 

15 papous coats, 

23 red cloth waist-coats, 

16 moose coats, 

9 pieces red baise, 
375 yds. sail cloth, 
12 bolts canvas, 
12 hides shoe leather, 

17 lbs. wt. lead, 
14 iron pots, 

23 iron kettles, 
1276 wrought powter, 



116 



NEW-HAMPSHIRE. 



504 wrought brass, 




10 cable of 4 inches. 


5 barrels nails, 




12 herring nets, 


1 barrel spikes. 




6 seines. 


146 bars of iron, 




70 cod lines. 


28 bars of steel, quantities 


67 mackerel lines, 


of all sorts of smith's, 


11 gauge cod hooks, 


cooper's, carpenter's, 


80 dozen mackerel hooks, 


mason's tools. 




10 squid lines. 


19 barrels pitch. 




70 knots twine. 


16 barrels tar. 




1500 boards, 


8 coils of rope of 2 J 


inches, 


1151 pine planks. 


3 coilsof rope of 3J inches, 






Provisions. 


140 bushels of corn. 




610 lbs. sugar. 


8 barrels oat meal. 




512 lbs. tobacco. 


32 barrels meal, 




6 pipes wine, 


15 barrels malt, 




170 gallons aqua vitae. 


29 barrels peas, 




2 cbirurgeon's chests. 


153 candles, 








Cattle. 


24 cows. 




27 goats. 


2 bulls. 




64 hogs, old and young, 


22 steers and heifers. 




13 mares and horses. 


10 calves. 




9 colts, 



92 sheep and lambs. 

Fishing Trade. 
6 great shallops, anchors and cables. 

5 fishing boats, with sails, 13 skiffs. 

For Religious Use. 

1 great bible, 1 communion cup and cov- 

12 service books, er of silver, 

1 pewter fflaggon, 2 fine table cloths, 

2 napkins. 



AT NEWICHBWANNOCK. 

Arms and Ammunition. 



2 robenets, 

2 murthers, 

2 chambers, 

9 harquebusses, 
47 muskets and bandeleers, 
28 ffowling pieces, 
33 carbines, 

4 case pistols, 



36 swords and belts, 

6 bar. powder, 
57 bullets, 
1 firkin lead bullett, 

bar. match, 
1 drum, 
504 small shot . 





PORTSMOUTH. 117 




Stores. 


31 cloth cassocks 


and 


14 cwt. lead. 


bi'ceches, 




793 pewter. 


35 canvas cassocks, 




594 ct. brass. 


55 stuff coats and breeches, 


482 of copper, 


07 shirts, 




8 bar. nails. 


43 hats, 




90 bars of iron, 


191 pa. shoes, 




15 bars steel. 


152 pair of stockins, 




all sorts of smith's, car- 


28 momouth caps, 




penter's, mason's, coop- 


43 lined coats, 




er's tools, 


32 red west coates, 




2 scans. 


6 ps. bays, 




344 pine planks. 


4 bolts canvas, 




1073 boards. 




Provisions. 


192 bushels corn. 




390 tobacco. 


5 bar. oatmeal. 




370 sugar. 


15 bar. meal, 




2 pipes wine. 


12 butts malt. 




240 galls, aqua vita), 


9 bar. pease, 




1 chirurgeon's chest. 


97 candles, 








Cattle. 


24 cows. 




27 goats, 


2 bulls, 




64 hogs, old and young, 


22 steers and heifers, 




13 mares and horses, 


10 calves, 




9 colts. 


92 sheep and lambs, 







This is a true inventory of the goods left by Capt. "Walter 
Neal, to be delivered to Henry Joselyn, Esq., by command of 
Capt. John Mason, and received by us. 

AMBROSE GIBBINS, 
THOMAS WARNEKTON. 

Vera copia : Teste, 

R Chamberlain. 



118 NEW-HAMPSHIRE. 



DOVER. 

[In the absence of Town Eecords of Dover previous to 1647, our 
knowledge of affairs in the early period of that settlement is gathered from 
statements made by Belknap, in his History of New-Hampshire, from 
Winthrop's and Hubbard's history, and from " Historical Memoranda," 
by Eev. A. H. Quint, d. d., published in numbers in Dover Enquirer^ be- 
ginning in 1850; and in N. E. Gen. Reg., Vols. V, VI, VII, VIII. 
Ed.] 

The Indian name of Dover Neck, where Edward Hilton 
settled, 1623, was Winachahanat or Wecohannet. The 
River and the place about the Falls — where the chief set- 
tlement now is — was called Quochecho, or Cochecho. The 
only settlers there, says Quint, in the spring of the year 
1623, " were Edward Hilton, William Hilton, and Thomas 
Roberts, and their families. There may have been others 
in the company, but we have not even tradition to support 
such a statement. There may possibly have been a few 
additions to the number between 1623 and 1631, but we 
know nothing about such ; and it is probable there were 
none until the latter year, at which time Edward Colcott* 
was here, and Capt. Thomas Wiggans. Wiggans went to 
England in 1632, and returned to Winachahanat in 1633, 
bringing with him a large accession to the colony." 
The names of families in Dover, says Quint, between 
1623 and 1641 (most of whom probably came in 1633), 
were : 

John Ault, • Ambrose Gibbons, 

Thomas Beard, John Goddard, 

George Burdet, John Hall, 

Thomas Canney, John Heard, 

■ Edward Colcott, Edward Hilton, 

John Darn, William Hilton, 

William Furber, Thomas Johnson, 

* Savage says, Gen. Die, "Coleord, Edward, Exeter, 1638 ; but as a child, 
his first coming is reckoned 1631, removed 1640 to Dover, and Hampton 
1644, perhaps to Saco, 1668, but back to Hampton there in 1673. Calls 
himself 66 years old, of course born about 1617, and died 10 Feb., 1682. 



DOVER. 119 

ITanserd Knowlos, James Ordway, 

Henry Laiigstaff, I\ichard Pinkliam, 

Thomas Larkluim, William romfret, 

Thomas Layton, Thomas Roberts, 

William Leveridge, Henry Tebbits, 

Francis Matthews, John Tuttle, 

James Nute, Richard Waldron, 

Ilatevil Nutter, Thomas Wiggaus. 

MAGISTRATES. 

Capt. Wiggans was chief in authority in 1631. In 1633, 
there seems to have been an election of officers, and Capt. 
Wiggans was chosen Governor. 

1634, 5, 6, 7, reelected Governor. 

1637, 8, Rev. George Burdet, " 

1638, 39, 40, Capt. John Underhill, " 

1640, from April, Thomas Roberts, " 

Dr. Belknap says : " It appears from ancient records 
that Wiggens had a power of granting lands to the settlers, 
but as trade was their principal object, they took up small 
lots, intending to build a compact town at Dover Neck. 
On the most inviting part of this eminence, they built [in 
1634] a meeting house, which was afterward surrounded 
with an entrenchment and flaukarts." This was the first 
meeting house built in the Province. It remained until 
Major Richard Waldron built a new one in 1653. 

The first minister employed to preach in it was Rev. 
William Leveredge or Leverich, whom Belknap calls a 
"worthy puritan divine," He was graduated at Cam- 
bridge, Eng., in 1625, and arrived in the ship James, at 
Salem, Mass., with Capt. Wiggen's company, October 10, 
1633. He continued in Dover till 1635, when he left, for 
want of adequate support. From Dover he went to 
Boston, and was admitted a member of the first church 



120 NEW-HAMPSHIRE. 

there, August 9, 1635 ; afterward he assisted Mr. Partridge, 
of Duxhury, for a short time.* 

Between 1637 and 1640, Dover seems to have been a 
scene of confusion and trouble, both civil and ecclesiasti- 
cah One George Burdet, a preacher, succeeded in sup- 
planting Wiggan, as Governor. Then Capt. John Under- 
bill, who had found it necessary to leave Massachusetts, 
came to Dover to establish himself, and was chosen 
Governor in place of Burdet. "Underbill also procured 
a church to be gathered who chose Hanserd Knollys for 
their minister. He had come over from England the year 
before ; but being an Anabaptist, of the Antinomian cast, 
was not well received in Massachusetts, and came here 
while Burdet was in office, who forbade his preaching. 
But Underbill, agreeing better with him, prevailed to have 
him chosen minister." 

Hubbard says: "About the year 1638, they attempted 
to gather themselves into a church estate. But for 

* In 1638 he became the first pastor of the church at Sandwich, on 
Cape Cod, and devoted much of his time to instructing the Indians in that 
quarter. In 1647 he was employed, by the Commissioners of the United 
Colonies, as a Missionary, and resided most of the time at Plymouth. He 
is particularly mentioned by Morton, as among the ablest ministers of the 
colony of Massachusetts, in 1642. In April, 1653, he visited Long Island 
in company with some of his early parishioners, at Sandwich, and made 
a purchase of land from the Indians at Oyster Bay, whence he was ordered 
off, April 2, 1655, by the authorities at New Amsterdam. [Col. Hist. 
N. Y., Vol. II, p. 160.] He received small sums, from time to time, from 
the Society for Propagating the Gospel, between 1653 and 1658. In 1657, 
the Society desired him to instruct the Corchaug and Montauk tribes, at 
the east end of Long Island ; but in 1658, he was called to be pastor of the 
church at Huntington, where he continued to labor eleven years. In 
1664 he was admitted freeman of Connecticut, and in 1669 accepted a call 
from Newtown, L. I., where he continued to his death, in either 1677 or 
1692. An interesting relic of Mr. Leverioh exists in the town-clerk's 
office, Newtown — a volume of between 600 and 700 pages, of which about 
100 are a running commentary, in his band-writing, on the first fourteen 
books of the old testament, in part copied from the commentary of Pis- 
cator. After Mr. Leverich's death, the book was given to the town to 
record the town business in. Thompson's Long IsL, Vol. J, 480. Riker, 
Hist, of Neivtown, L. I., 53, 98. 



DOVER. 121 

want of discretion, if not of something else, in them that 
were called to that solemn work, they soon after fell into 
factions, and strange confusions, one part taking upon 
them to excommunicate and punish the other in the church 
and in the court; an ordinary eftect of loose and pragma- 
tick spirits under auy popular government, whether civil 
or ecclesiastical." 

Quint says, Hist. Mem. Mo. 44, "It is evident that the 
church was organized within a few days, immediately 
following 13 January, 1638-9, 0. S., or 24 January, 1639, 
as we should reckon it. The time can not be exactly ascer- 
tained." 

George Burdet was manifestly a bad man. After leav- 
ing Dover, 1639, he went to Agamenticus, now York, Me., 
where he was indicted for adultery ; and the following 
record is found of him in Coll. Maine His. Soc, Vol. 1, 
pp. 271, 272: 

" Sth Sep. 1G40. General Court at Saco. Before Thomas Gor- 
ges, Richard Vines, Richard Bonicjhton, Henry Josselin, and 
Edmund Godfrey. 

Mr. George Burdet, minister of Agamenticus, is indicted by 
the whole Bench for a man of ill name and fame, Infamous 
for incontinency, a publisher and Broacher of divers danger- 
ous speeches, the better to seduce the weak sex of women to 
his incontinent practices, contrary to the peace of our Sove- 
reign Lord the King, as by Depositions and Evidences. This 
Enquest find Rilla vera. 

Whereupon the said George Burdett is fined by the Bench 
for this oftence, twenty pounds sterling to our Sovereign Lord 
the King. 

Mr. George Burdett is also Indicted by the whole Bench for 
deflowering Ruth, the wife of John Gouch, of Agamenticus 
aforesaid, as by depositions and evidence appeareth, contrary 
to the peace of our Sovereign Lord the King. This Enquest 
find Billa vera. 

Whereupon the said George Burdett is fined by the Bench, 
for this offence, Twenty Pounds Sterling to our Sovereign Lord 
the King. 



122 NEW-HAMPSHIRE. 

Mr. George Burdet, being found guilty by the grand Enquest 
for entertaining Mary, the wife of George Puddington in his 
house as by the first indictment against the said George Bur- 
det appeareth, is thereupon fined by this Bench ten pounds 
sterhng to the said George Puddington for those wrongs and 
damage sustained by the said George Bui-det. P. 29. 

Ruth, the wife of John Gouch, being found guilty by the 
grand Inquest, of Adultery with Mr. George Burdet, is there- 
fore censured by this Court, that six weeks after she is deliv- 
ered of child, she shall stand in a white sheet publicly, in the 
Congregation at Agamenticus, two several Sabbath days, and 
likewise one day at this General Court, when she shall be there- 
unto called by the Councillors of this Pi'ovinco, according to 
his Majesty's laws in that case provided." Coll. Maine Hist. 
Soc, Vol I, p. 271, 272. 

Belknap says:* — " Being cleared of Burdet, it (the planta- 
tion) was ridden by another churchman, Tho7nas Larkham. 
Coming to New-England, and not favoring the discipline, he 
removed hither [1G40], and the people of Dover were much 
taken with his public preaching, he being of good parts and 
well gifted. But not being able to maintain two ministers, 
they resolved to cast off Mr. Knolles and embrace Mr. Lark- 
ham. Whereupon Mr. Knolles, making a virtue of necessity, 
gave place, and the other, soon after he was chosen, discovered 
himself by taking into the church all that offered, though 
never so notoriously immoral and ignorant, if they would but 
promise amendment ; and moreover fell into contentions with 
the people, taking upon him to rule all, even the Magistrates 
themselves. This occasioned a sharp dispute between him and 
Mr. Knolles, who either yet retained, or upon this occasion re- 
assumed the pastoral office. Whereupon they were neither 
able quietly to divide into two churches, nor live peaceably to- 
gether in one. The more religious sort still adhering to Mr. 
Knolles, he, in their name, excommunicated Mr. Lai-kham, who, 
in return, laid violent hands on Knolles, taking the hat from his 
head, pretending it was not paid for; but ho was so civil as to 
send it to him again. In this heat it began to grow to a tu- 

* Dr. Belknap, MS. History of Church in Dover. See Winth. 2, p. 33-33. 



DOVER. 123 

mult, and some of tho magistrates joined with IMr. Larkham 
and assembled a company to fetch Capt. Underhill before the 
Court; ho also gathered some of their neighbors together to 
defend themselves and keep the peace, and so marched out to 
meet Mr. Larkham, one carrying a Bible on a halberd for an 
ensign — Mr. KnoUes being armed with a pistol. When Mr. 
Larkham saw them thus provided, he withdrew his party, and 
went no further, but sent down to Mr. Williams, Governor of 
Strawberry Bank, for assistance, who came up with a company 
of armed men and beset Mr. Knolles' house where Capt. Un- 
derhill was, kept a guard upon him night and day till they 
could call a Court, and then Mr. Williams, sitting as judge, 
they found Underhill and his company guilty of a riot, and set 
great fines upon them, and ordered him and some others to 
depart out of the Plantation. 

The cause of this eager persecution was because Capt. Un- 
derhill had procured a good part of tho inhabitants to offer 
themselves to the government of the Massachusetts; and being 
then prosecuted, they sent a petition to them for aid. The 
Governor and assistants commissioned Mr. Bradstreet, Hugh 
Peters, of Salem, and Mr. Dalton, of Hampton, who came 
hither on foot to enquire into the matter and endeavor to make 
peace. They succeeded so well that Mr. Larkham was releas- 
ed from his excommunication, and Capt. Underbill and the 
rest from their sentences. 

Another account of these troubles (Winth, 2, p. 82, 1641; 
note by Savage), is given by Lechford : " They two [Lark- 
ham and Knollys] fell out about baptizing children, receiving 
of members, burial of the dead; and the contention w'as so 
sharp that Knowles and his party rose up and excommunica- 
ted Mr. Larkham and some that held with him ; and further, 
Mr. Larkham, flying to the magistrates, Mr. Knowles and 
Captain Underhill raised arms, and expected help from the 
Bay, Mr. Knowles going befoi'o the troop Avith a Bible upon a 
pole's top, and giving forth that their side were Scots and the 
English. Whereupon the gentlemen of Sir F. Gorges' planta- 
tion came in, and kept court with the magistrates of Piscata- 
qua, who have also a patent, being weak of themselves, and 
they fined all those that were in arms for a riot, by indictment. 



124 NEW-HAMPSHIRE. 

jury and verdict, formally ; nine of them were censured to be 
whipped, but that was spared; Mr. Knowles and the Captain, 
their leaders, were fined 100 pounds apiece, which they were 
not able to pay." 

Soon after (in 1640), Mr. Knolles left the scene of confusion, 
and in 1641, Mr. Lai'kham left to avoid the shame of a scan- 
dalous sin it was found he had committed.* 

Of Capt. Underhill, Belknap says. p. 26, "Having fin- 
ished his career in these parts, he obtained leave to return 
to Boston, and finding honesty to be the best policy, did, 
in a large assembly, at a public lecture, and during the 
sitting of the court, make a full confession of his adultery 
and hypocrisy, his pride and contempt of authority, justi- 
fying the church and court in all they had done against 
him, declaring that his pretended assurance had failed 
him, and that the terror of his mind had at times been so 
great that he had drawn his sword to put an end to his 
life. The church being now satisfied, restored him to 
their communion. The Court, after waiting six months 
for evidence of his good behaviour, took oft" his sentence 
of banishment, and released him from the punishment o 

* "Winth. 2, p. 110. " Mr. Larkham, of Northam, alias Dover, suddenly- 
discovering a purpose to go to England, and fearing to be dissuaded by his 
people, gave them his faithful promise not to go, but yet soon after he got 
on ship board, and so departed. It was time for him to be gone, for not 
long after, a widow, which kept in his house, being a very handsome wo- 
man, and about 50 years of age, proved to be with child, and being exam- 
ined, at first refused to confess the father, but in the end she laid it to Mr. 
Larkham. Upon this the church of Dover looked out for another elder, 
and wrote to the elders to desire their help." Savage says, Winth. 2, p- 
32: " Notwithstanding the suspicious case there introduced, Larkham is 
reported, in his later years, ' as well known for a man of great piety and 
sincerity' in England, when ejected under the statute of 1662. He died, 
aged 68, in 1669." Savage also says, "Winth. 1, p. 351 : " Hanserd Knollys 
is a name of considerable repute among the early Baptists in England. His 
reputation was so much improved in his latter days, that Mather calls him 
godly, and assures us he died a good man in old age." " In our times, an 
Association in England, of the Baptist communion, honors the confessor 
by adopting the title of the Hanserd Knollys' Society." Gen. Die. 



DOVER. 125 

his adultery ; the law which made it capital, having been 
enacted after the crime was committed, could not touch 
his life. Some offers being made him by the Dutch at 
Hudson's river, whose language was familiar to him, the 
church of Boston hired a vessel to transport him and hie 
family thither, furnishing them with all necessaries for 
the voyage. The Dutch governor gave him the command 
of an hundred and twenty men, and he was very service- 
able in the wars which that colony had with the Indians, 
having, it is said, killed one hundred and fifty on Long 
Island."* 

Dr. Belknap says, 1640, "The people of Dover and 
Portsmouth, during all this time, had no power of govern- 
ment delegated from the crown ; but finding the necessity 
of some more determinate form than they had yet enjoy- 
ed, combined themselves each into a body politic after the 
example of their neighbors at Exeter.f The inhabitants 
of Dover, by a written instrument, signed by 41 persons, 
agreed to submit to the laws of England, and such others 
as should be enacted by the majority of their number 
until the royal pleasure should be known." 

*See also a note by Dr. Farmer, Bclk., p. 27. Capt. Underbill resided 
awhile at Stamford, Conn., and was delegate to the Court at New-Haven, 
1643. He afterward resided at Oyster Bay, L. I., and was delegate from 
tbat town to the Assembly holden at Hampstead, 1665. "While he resided 
among the Dutch, Capt. Underbill's name was sometimes written Van der 
Hill and Onderhill. In May 20th, 1653, he drew up and signed, with 
others, a " vindication," or what might be termed a Declaration of War, 
against Governor Peter Stuyvesant. "Vindication of Captain Johji Onde- 
hill, in the name of as many of the Dutch and English as the matter con- 
cerns, which justly impels us to renounce the iniquitous government of 
Peter Stuyvesant over the inhabitants living and dwelling on Long Island 
in America." The whole, published in Vol. Ill, p. 151, Col. Hist. N. Y. 
" In 1667, the Matinecoc Indians gave him 150 acres of land, which has 
remained in his family ever since. It is supposed ho died at Oyster 
Bay in 1672. Most of his posterity have changed the warliite habiliments 
of their ancestor for the Quaker habit." 

f See Combination at Exeter, 1639. 



126 NEW-HAMPSHIRE. 

Hubbard says, 2 Mass. Hist. Coll., Vol. 5, p. 222. The 
form of which Combination among themselves, is after this 
tenour, as is left upon record. 

A COMBINATION 

Of the people of Dover to Establish a Form of Government. 

Whereas sundry mischiefs and inconveniences have befallen 
us, and more and greater may, in regard of want of civil gov- 
ernment, his most gracious Majesty having settled no order 
for us to our knowledge: We, whose names are underwrit- 
ten, being inhabitants upon the river Piscataqua, have vol- 
untarily agreed to combine ourselves into a body politic, that 
we may the more comfortably enjoy the benefit of his Majes- 
ty's laws, together with all such laws as shall be concluded by 
a major part of the freemen of our Society, in case they be not 
repugnant to the laws of England, and administered in be- 
half of his Majesty. And this we have mutually promised and 
engaged to do, and so continue till his excellent Majesty shall 
give other orders concerning us. In witness whereof, we 
have hereunto set our hands, Oct. 22 [1640], in the 16th 
year of the reign of our Sovereign Lord Charles, by the 
grace of God, King of Great Britain, France and Ireland, de- 
fender of the faith, &c. 

Thomas Larkham, 
Richard Waldron, 
William Waldron, 
With 38 more. 

See, also, N. H. Hist. Coll., Vol. I, p. 322. 

[The names of these 38 cannot now be found.] 



Letter from the inhabitants of Dover to the Governor of Massa. 

chusetts.* 

KoRTHAM, 4, 1 month (1.40). 
Honored Sir : We, the Inhabitants of Northam, make bould 
to trouble you with these few lynes, certifyinge you that 

* The letter which follows is copied from Potter's Hist, of Manchester, 
p. 107. The original is said to be in the hands of J. Wingate Thornton, 
Esq., of Boston. 



DOVER. 127 

wheroaa wee suppose Captaine Underhill hath informed you 
and the rest of your brethren of the iMatechuseth bayo, that 
wee are all willinge, voluntarily to submit ourselves to your 
Government upon fformer articles propounded; truth it is wee 
doo very well aprove of your judicious wa3'es, and shall be 
very joyful, yu please God to enlarge us, that wee may be 
free from other ingagements and promises wch some of us are 
obliged in to the owners or patentees, from whom under his 
Mat's Letter Patents we enjoy our free libei'ty, Avch causeth 
us not for present to submit to any other government than 
that wch wee have already entered into combination to ob- 
serve according to the King's Mat's lawes, until such time as 
the owners come over to us, wch we suppose will he about three 
months hence, and then our prpositions considered as the Lord 
shall direct us, we will labor more to satisfy you. But for the 
proceedings of Captain Underhill seeking to undermyne us, 
and contrary to his oath and fidellyt}^ as we suppose intrusted 
to him, hath went from house to house, and for his own ends, 
by flattery and threatening gotten some hands to a note of 
their willingness to submitt themselves under your govern- 
ment, and some that have no habitation to bring his purposes 
to pass ; we doubt not but you are well acquainted with his 
stratagems in plotting his owne designe wch wee refer to 3'our 
grave iudgments. Some of those that subscribed to his note 
have this day utterly prtested against their own act, for he 
hath raysed such a mutinie amongst us wch if we take not 
course for the stoping thereof, it may cause the effusion of 
blood, by reason he hath by his designes privately rent the 
combination as much as in him lyeth, contrary to his act, that 
is that wee should continue in the same govmnt except an 
agreement or cause showed to the contrary in open court, 
agreed on by the major p'te, thus much we thought good to 
acquaynt your wor'p with all beseeching your favourable con- 
struction, hoping you will weigh our case in equity and con- 
science, and not any way to enforce us to any act whereby 
wee should break prmise or covevant wth the patentees or 
amongst ourselves whchin soo doingo we should sinne greatly. 



128 NEW-HAMPSHIRE. 

Wee heartyly desire your prayers for us, and comit you to the 

prtection of the Ahnightye at yor to bo comanded. 

Thorn. Larkham, Thos. [mark of T] Layton, 

William Jones, Edward Starbuck, 

John ffollett, William Pomfrett, 

Robert Varney, William furbur, 

Thomas Durston, William Storer, 

Thomas Roberts, John [mark of H] Hall, 

Samuel haines, Phillip Swaddon, 

Bartholomew Smith, Richard Waldern, 

John Dam, Edward Colcord, 

Harthol'ew [mark off] Hunt, Robert [sign of R] Huckins, 

William Waldern, Richard Pinkcom, 

John [mark of |] Tuttle, Thomas Tricky, 
henry beck, 



EXETER. 



[The settlement in Exeter was begun in 1638, by John Wheelwright 
and others, who had been banished from Massachusetts. The antecedents 
and causes which led to the settlement may be learned from the following 
historical statements, and extracts from the Massachusetts Colony Records.* 
Ed.] 

Winth. Hist. N. B., I, p. 239. '' There joined with her [Mrs. 
Anne Hutchinson] in these opinions, a brother of hers, one 
Mr. Wheelwright, a silenced minister sometimes in England.")" 

lb., 256, Mar. 9, 1636-7. 

Mr. Wheelwright, one of the members of Boston, preaching 
at the last fast, inveighed against all that walked in a covenant 
of works, as he described it to be, viz., such as maintain Sanc- 
tification as an evidence of justification, &c. For this he was 
called into the court, and his sermon being produced, he justi- 
fied it, and confessed he did mean all that walk in such a 
way. Whereupon the rest of the churches were called and 
asked whether they, in their ministry, did walk in such a way. 

* For a portion of these the Editor is greatly indebted to the careful re- 
search of Hon. S. D. Bell, of Manchester. 

f " A just estimate of this distinguished gentleman may readily be form- 
ed from the pages of this History, and the volumes of Hutchinson 
and Elliott. His long life afforded him a triumph over the injustice of 
intolerance, which attempted hardly any other cure for his errors than 
banishment." Savage, Winth. Hist., I., p. 239, note. 



EXETER. 120 

They all acknowledged that they did. So after much debate 
the court adjudged him guilty of sedition, and also of con- 
tempt, for that the court had appointed the fast as a means of 
reconciliation of the differences, etc., and he purposely set 
himself to kindle and increase them. The governor and some 
few more who dissented, tendered a protestation, which, be- 
cause it wholly justified Mr. Wheelwright and condemned the 
proceedings of the court, was rejected. * * The court de- 
ferred sentence till the next court. Wi7ith. IT. of N. E. 250. 

1, 9, 1636-7. It was concluded by the court that Mr. 
Wheelwright was guilty of contempt and sedition. Bee. of 
Mass. Gen. Ct. 189. 

Nov. 2, 1637. Mr. John Wheelwright, being formerly con- 
victed of contempt and sedition, and now justifying himself 
and his former practice, being to the disturbance of the civil 
peace, he is by the court disfranchised and banished, having 
14 days to settle his affairs ; and if within that time hee de- 
part not the patent, he promiseth to render himself to Mr. 
Stoughton, at his house, to bee kept till hee bee disposed of, 
and Mr. Hof * * undertook to satisfy any charge that he, 
Mr. Stoughton, or the country should be at. Ih. 207. 

1637,9, 1. Though Mr. Wheelwright and those of his party 
had been cleai'ly confuted and confounded in the assembly, 
yet they persisted in their opinions, and were as busy in nour- 
ishing contentions, the principal of them, as before. Where- 
upon the General Court being assembled in the second of 
the 9th month, and finding, upon consultation, that two so 
opposite parties could not continue in the same body without 
apparent hazard opinion to the whole, agreed to send away 
some of the principal ; and for this a fair opportunity was 
offered by the rehionstrance or petition, which they preferred 
to the court the 9th of the 1st month, wherein they afiirm Mr. 
Wheelwright to bo innocent, and that the court had condemn- 
ed the truth of Christ, with divers others, scandalous and 
seditious (as appears at large in the proceedings of this court, 
which were faithfully collected and published soon after the 
court brake up), subscribed by more than sixty of that fac- 
tion. Winth. Hist. N. E. 292, 
9 



130 NEW-HAMPSHIRE. 

November 15, 1637. Capt. Underbill being convented for 
having his hand to the seditious writing, is disfranchised and 
put from the captains place. Rec. of Mass. Gen. Ct. 208. 

Of the seditious writing referred to, Gov. Winthrop, Hist, of 
N. E. 256, gives this account : 

1, 9, 1637. At this court when Mr. Wheelwright was to be 
questioned for a sermon which seemed to tend to sedition etc., 
near all the church of Boston presented a petition to the court 
for two things : (1) That as freemen they might be present in 
cases of judicature; (2) That the court would declare if they 
might deal in cases of conscience before the church, etc. This 
was taken as a groundless and presumptuous act, especially at 
this season, and was rejected. lb. 295. 

The court also called Capt. Underbill and some five or six 
more of the principal [signers of the petition in favor of 
Wheelwright], whose hands were to the said petition, and be- 
cause they stood to justify it they were disfranchised, and 
such as had public places, were put from them. 

The court also ordered that the rest who had subscribed the 
petition (and would not acknowledge their fault, and which 
nearly twenty of them did) and some others who bad been 
chiefstines in their contentions, &c., should be disarmed. This 
troubled some of them wqyj much, especially because they 
were to bring them in themselves, but at last, when they saw 
no remedy they obeyed. lb. 

November 20, 1637. Whereas the opinions and revelations 
of Mr. Wheelwright and Mrs. Hutchinson have seduced and 
led into dangerous errors, many of the people here in New- 
England, insomuch as there is just cause of suspicion that 
they, as others in Germany in former times, may, upon some 
revelation, make some suddaine irruption upon those that differ 
fi'om them in judgment; for prevention whereof it is ordered 
that all those whose names are underwritten shall (upon warn- 
ing given or left at their dwelling-houses), before the 30th day 
of this month of November, deliver in at Mr. Cane's house, at 
Boston, all such guns, pistols, swords, powder, shot and match, 
as they shall be owners of or have in their custody, upon pain 
of ten pound for every default to be made thereof; which 
arms are to be kept by Mr. Cane till this court shall take fur- 



EXETER. 131 

ther order therein. And it is ordered upon a like penalty of 
X.I that no man who is to render his arms by this order shall 
buy, or borrow any guns, swords, pistols, powder, shot or 
match, until this court shall take further order therein. 
The names of Boston men to be disarmed. 
Capt. John Underbill, Willi Wardell, 

Hugh Gunnison, Moxhury men, 

Henry Elkins, Eichard Morris, 

Willi Wilson, Richard Bulgar, 

Isaac Grosse, Charlestown men, 

Jacob Elliott, George Bunker. 

Thomas Wardell, 

Bee. of Mass. Gen. Ct. 211. 

Note. Only the names of those who then or subsequently are supposed 
to have removed to New-Hampshire are copied. The whole number of 
disarmed in Boston was 68, — in all 75. 

1639 (14), 13. Those who went to the falls of Pascataquack 
gathered a church, and wrote our church to desire us to dismiss 
Mr. Wheelwright to them for an officer; but because he desired 
it not himself, the elders did not propound it. Soon after came 
his own letters with theirs for his dismission, which thereupon 
was granted. Others also (upon their request) were also dis- 
mist thither, lb. 338. 



EXETER COMBmATION, 1689. 

[Copy by the Editor, from the old Keoords of Exeter, Vol. 1, p. 7.] 

Whereas a certen combination was made by us, the 
brethren of the Church of Exeter, with the rest of the In- 
habitants, bearing date Mon., 5th d., 4, 1639, wh after- 
wards, upon the instant request of some of the brethren, 
was altered, & put into such a forme of wordes, wherein 
howsoever we doe acknowledge the King's Majesty our 
dread Sovereigne & ourselves his subjects: yet some ex- 
pressions are contained therein wh may seeme to admit 
of such a sence as somewhat derogates from that due Alle- 
giance wh we owe to his Ilighnesse, quite contrary to our 
*true intents and meanings : "We therefore doe revoke, dis- 



132 NEW-HAMPSHIRE. 

annull, make vojd and frustrate the said latter combina- 
tion, as if it never had beene done, and doe ratify, con- 
firme and establish the former, wh wee onely stand unto 
as being in force & virtue, the wh for substance is here set 
downe in manner and form following. 
Mon., 2d d., 2, 1640. 

Whereas it hath pleased the lord to moue the heart of 
our Dread Soveraigne Charles, by the grace of God, King 
of England, Scotland, France & Ireland, to grant license & 
liberty to sundry of his subjects to plant themselves in the 
westerne partes of America : Wee, his loyall subjects, 
brethren of the church of Exeter, situate k lying upon 
the river of Piscataquacke, wh other inhabitants there, 
considering wth ourselves the holv will of god and our 
owne necessity, that we should not live whout wholsome 
lawes & government amongst us, of wch we are altogether 
destitute; doe in the name of Christ & in the sight of 
God combine ourselves together, to erect & set up 
amongst us such government as shall be to our best dis- 
cerning, agreeable to the will of god, professing ourselves 
subjects to our Sovereign Lord King Charles, according 
to the libertys of our English Colony of the Massachusetts 
& binding ourselves solemnely by the grace & helpe of 
Christ & in his name & fear to submit ourselves to such 
godly & christian laws as are established in the realrae of 
England to our best knowledge, & to all other such lawes 
wch shall upon good grounds, be made & iuacted amongst 
us according to God, yt we may live quietly k peacea- 
blely together, in all godliness and honesty. 

Mon., 5th d., 4th, 1639. 

John Whelewright,* Thomas Wight, 

Augustiu Storre, William Wantworth, 

* The foregoing paper seems to be in the hand-writing of John Whele- 
wright, whose name is signed first. Ed. 



EXETER. 133 

^^^»>T,S"^' Goo,.|e^rBarIow, 

George X Waltou, Richard Morris, 

Samuel Walker, Nicholis Needham, 

Tlionias Pettit, Thomas Willson, 

TT^..,„. T>^l^T- his mark. 

w •' w V George X Ruobou,* 
A\ ilha Wcnbourn, his mark. 

„, ^i^^y^- . William X Coole, 
Thomas X Crawley, his mark. 

Chr. Ilelme, James X WalleSjt 

-r. ,"''rV"'^A^ ij Thomas Levvit, 

^"■■'^^..li^''''^' Edmond Littlefield, 

Robert X Reid, John x'crame, 
ilidward Kishvorth, his mark. 

his mark Godfrie X dearboriie, 

Ffrancis X Matthews, phikmon Pormort, 

^^"^"m!;k Thomas Warden, 

Robert XSoward, Willianr X Wardell, 
Richard Bullgar, his mark. ^ 

Christopher Lawson, Robert X Smith. 



The following are the forms of oath taken by the Elders 
and the people ; 

■ The Elders or Rulers Oath. 

You shall swear by the great and dreadful ITame of 
the High God, Maker and Governor of Heaven and earth 
and by the Lord Jesus Christ, the Prince of the Kings 
and rulers of the earth, that in his Name and fear you 
will rule and govern his people according to the righteous 
will of God, ministering justice and judgment on the 
workers of iniquite, and ministering due iucouragement 
and countenance to well doers, protecting of the people so 
far as in you lieth, by the help of God from foreigne annoy- 
ance and inward dcsturbance, that they may live a quiet 
and peacabble life in all godliness and honesty. So God 
be helpful and gracious to you and yours in Christ Jesus. 

* Eawbono ? 

f This name is very obscuro. Belknap has it James Wall, It might be 
called Mathes ; Judge Boll reads it as above, Walles. Subsequent records 
show it was meant for Wall. 



134 NEW-HAMPSHIRE. 

The Oath of the People. 

"We do swear by the Great and dreadful Name of the 
High God, Maker and Governor of heaven and earth, and 
by the Lord Jesus Christ, the King and Saviour of his 
people, that in his Name and fear, we will submit our- 
selves to be ruled and governed according to the will and 
word of God, and such wholsome laws and ordinances as 
shall be derived* therefrom by our honored Rulers and the 
lawful assistants, with the consent ot the people, and that 
we will be ready to assist them by the help of God, in the 
administration of justice and preservation of the peace, 
with our bodies and goods and best endeavors according 
to God. So God protect and save us and ours in Jesus 
Christ. 



Indian Deeds to Wheelwright and others, April, 1638. 

Know all men by these presents that I, Wehanownowit 
Sagamore of Piscataquacke, for good considerations me there- 
unto moving and for certain commoditys which I have re- 
ceived have granted and sould unto John Whelewright of Pis- 
cataquacke, Samuel Hutchinson and Augustus Stor of Boston, 
Edward Calcord and Darby Field of Piscataquake, and John 
Campton of Roxbury, and Nicholas Needome of Mount Wall- 
oston, all the right, title and interest in all such lands woods 
meadows rivers brookes springs as of right belongs unto me 
from Merrimack Eiver to the Patents of Piscatoquake, bounded 
with the south east of Piscatoquake patents and so to go into 
the country North west thirty miles as far as the east line, to 
have and to hold the same to them and their heirs forever, 
only the ground which is bi'oken up is excepted and that it 
shall be lawful for the said Sagamore to hunt and fish and 
fowl in the said limits. 

* Directed ? Belknap has the word derived. Hon. C. H. Bell, of Exeter, 
thinks the true reading is " directed." 



EXETER. 135 

In witness whereof I have hereunto set my hand the 3d day 
of April, 1638, signed and possession given. 
These being present 
James Cornall 

James ^ his mark Wehanownowit, his mrke. 

His— W C— mrke 
William Cole 
His J mrke 
Lawrence Cowpland 



Know all men by these presents y^ I Wehanownowit Saga- 
more of Pusscataquko for a certain sura of money to me in 
hand payd and other merchantable commodities which I have 
reed as likewise for other good causes and considerations me 
y' unto specially moving have graunted barganed alienated 
and sould unto John Wheelwright of Piscataqua and Augustine 
Storr of Boston all those lands woods meadows marshes 
rivers brooks springs with all the appurtenances emolu- 
ments pfitts comodyts thereunto belonging lying and situate 
within three miles on the Northern side of y' river Meremake 
extending thirty miles along by the river from the seaside 
and from the said river side to Piscataqua patents thirty miles 
up into the country Northwest and so from ffalls of Piscataqua 
to Oyster river, thirty miles square every way, to have and to 
hould the same to them and y' heirs forever only the ground 
which is broken up is excepted and it shall be lawful for y^ 
said Sagamore to hunt fish and fowle in the said lymits. 

In witness wrof I have hereunto sett my hand and scale the 
third day of April 1638. 

Wehanownowit, his mrke. 

TuMMADOCKYON, his mi'kc. 
the Sagamores son 

Signed sealed and delivered and possession given in the 
presence of 

Sameb f his mrk 
Espamabough J his mrke 
Edward Colcord 
Nicholas Needham 
William Ffurbur 



136 NEW-HAMPSHIRE. 

Endorsed. 

Know all men by those present that I Watchanowet doe 
fully consent to the grant within written, and do yield up all 
right in the said purchased lands to the prtys w'in written. 

In witness whereof I have hereunto set my hand the tenth 
day of April, 1639. I do likewise grant unto them for goode 
consideration all the meadows and grounds extending for the 
space of one English mile on the east side of Oyster river. 
April 10, 1639. 

These being present his mrke. 

Jo : Underbill Watchanowet. 

Darby Ffield § his mrke. 

These instruments are printed from Yol. I, N. H. His. Soc. 
Coll. 147, where they are prefaced by the following note, prob- 
ably by the publishing committee. 

" The following deeds were communicated by Alden Brad- 
ford, Esq., late Secretary of the Commonwealth of Massachu- 
setts, to the Editor of the Portsmouth Journal, and published 
in that paper November 22, 1823. They have the appearance 
of being ancient, but whether copies or originals, or whether 
genuine or not, we are unable to determine." 

Note. 2 N. H. His. Soc. Coll. 188. " Sameb," one of the In- 
dian witnesses, 2d deed, p. 149, ought to have been "James;" 
and "Edward Calcord" should have been "Edward Colcord." 

Testimony relating to Wheelwright's purchase of the Indians. 

I, John Wheelwright, pastor of the church of Salisbury, doe 
testify that when I, with others, came to set down at Exeter, 
we purchased of the Indians, to whom (so far as we could 
learn) the right did belong, a certain tract of land about thirty 
miles square to run from Merrimack river eastward, and so up 
into the country, of w'ch lands we had a graunt in writing? 

signed by the[m], 

John Wheelwright. 
April 15, 1668. 

Mr. Edward Colcord, testifieth to all above written, and 
further saith that one northerly bound mentioned in our agree- 



EXETER. 137 

ment with Wchannownowit, the chief Sagamore was the west- 
erly part of Oyster Kiver, called by the Indians, Shankhassick 
wch is about fouro miles northerly beyond Lamporiele Eiver. 

We, the aforesaid witnesses, doe further testify y' they of 
the town of Exeter, did dispose of and possesse divers parcels 
of land about Lampreel Eiver by virtue of sd Indian right 
before such time as it was actually taken in by the Jurisdiction 
of the Massachusetts without interruption of Dover or any 
other. 

Mr. Samuel Dudley doth testify that he did see the agreemt 
in writing between the town of Exeter and the Sagamores 
for that land which is above mentioned and the said Saga- 
more's hands to the same. Sworn before the Court y^ 14th, 
2d mo. 1668. Thomas Bradbery, Rec. 

Mr. Farmer says : 2 N. H. His. Soc. Coll. 137. " William 
Gibbs, Esq., of Salem, Massachusetts, has lately communicated 
to me the testimony of Rev. John Wheelwright and Edward 
Colcord, two of the orginal grantees named in the deed re- 
specting the grant they obtained from the Indians when they 
' first sat down at Exeter,' in 1638. This testimony is of un- 
doubted authority, being copied from a paper filed in the 
records of the ancient Norfolk County Court and attested by 
the Kecorder." 



Exeter First Book of Records. 

[The first leaves are a part of an old account book. The volume seems 
to have boon so used before its purchase for a Record Book. The accounts 
relate to Dorchester. The volume is not paged.] 

[Transcribed by Hon. S. D. Bell.] 

Certaine Orders made at the Courte holden in Exeter, the -ith day 
of the first week in the 10th month, 1G39. 

Imprimis. That Mr. Edward Hilton, his upland grounds is 
bounded in breadth from the creek next from his house to- 
wards Exeter on the one side, and a certain point of land over 
against Captain Wiggins his house between the marsh and the 
upland that's his bounds on the other side, and it is to extend 



138 NEW-HAMPSHIRE. 

into the main by the same distance in length as it is in breadth, 
and that he shall have all the meadowes which he found unoc- 
cupied from his house to the mouth of Lamprel Eiver. 

2dly. That all the meadowes thatbelonge unto the town of 
Exeter laying between the Town and Mr. Hilton's house, as 
likewise the meadows from Lamprill Eiver unto the head of 
the little bay, shall be equally divided into four parts, whereof 
the 4th part shall be divided by lot to such of the inhabitants 
of the town of Exeter as have no cattle or fower [four] goates, 
and the profit of the hay which grows thereupon shall be divid- 
ed among those that have the other parts, until such time as 
they have cattle of their own, or till they sell the ground to 
those that have cattle. 

3dly. That the three other parts shall be equally divided 
among those that have cattle, to each head of cattle their pro- 
portion to be divided to each of them by lot — which divisions 
are to be made betwixt this and the next Court. 

4thly. That all the inhabitants of the towne of Exeter shall 
[have] their uplands lotts for planting laid outt by the River 
between stony creeke and the creeke on this side of Mr.. Hil- 
ton's, according to the number of persons and cattle, in equal 
proportion, no proportions to be divided to them by lott, ex- 
cept such persons as live on the other side of the River; and 
Will. Hilton and goodm. Smart who are to have the lots on 
the other side of the river where the town shall be thought 
most convenient, by the Euler Needam and Mr. Starre deputed 
to this purpose. 

5thly. That whosoever shall carry themselves disorderly or 
irreverently in the Court towards the magistrates or in their 
presence, shall be liable to such a censure as the Court shall 
think meet. 

The first day of the 8th mo. 1640. 

It is ordered and agreed upon by the inhabitants of the 
towne of Exeter, that none shall fell any oke timber within 
half a mile of this part of the town, except it be uj^on their 
planting lott, or for building or fencing, upon the penalty of 
each tree five shillings. 



EXETER. 139 

Orders made by the Court at Exeter, the 6th day of the 12 
mo. 1G39. 

That no man shall set fire upon the woods to the destroying 
of the feed for the cattle or the doing of any other hurt, under 
paine of paying the damage that shall issue thereby, after the 
middle of the 2d month. 

That every man shall fall such trees as are in his lott being 
offensive to any other. And if after due warning any shall re- 
fuse, to pay half a crowne for every tree that is so offensive. 

That every action that is tried, the party that is cast in it 
shall pay to the jury four shillings. 

Orders made by the Court held at Exeter the 6 day of the 
1 mo"^. 

That no wines or strong water shall be sold by retail to the 
English but by Thomas Wardle. 

It is ordered that whosoever shall dig a sawpit and shall not 
fill it or cover it, shall be liable to i)ay the damages that shall 
come to man or beast thereby. 

It is ordered that all the swine that is not carried down the 
river by the 4 day of the 2d month, the owner shall be liable 
to pay the damage that befall any thereby. 

That all grounds, woods, and such priviliges as appertain to 
the town, such inhabitants as have their lots small or great in 
the bounds of the town, shall be liable to pay such comon 
charges as the town shall bo at, according to their proportion 
of ground, cattle or other privileges they doe injoy in the town, 
present or absent. 

It is further ordered that every man that is an inhabitant 
in the town shall have free liberty to trade with the indians in 
anything except it bo powder, shot, or any warlike weapons, 
or sacke or other strong waters according to the former order, 
and as for prices of what corn there shall be traided with 
them, shall not exceed four shillings the bushell. 

It is here recorded that Anthony Stanyon hath satisfied the 
Cort concerning the oflFenco given by him to our Euler Ned- 
ham. 



140 NEW-HAMPSHIRE. 

Ail Order and Law. 
It is enacted for a law, constituted, made and consented unto 
by the whole assembly, at the Court solemnly met together in 
Exeter the 9 day of the 2 month, Ano. 1640, 

That if any person or persons shall plot or practise either 
by combination or otherwise, the betrayinge of the contry or 
any principal part thereof into the hands of any foreign State, 
Spanish, Dutch or French, contrary to the allegiance we pro- 
fess and owe to our dread soverign lord King Charles his heirs 
and successors, it being his majesties pleasure to protect us his 
loyal subjects, shall be punished with death. 

If any person or persons shall plot or practise treacherye, 
treason, or rebellion, or shall revile his majesty the Lord's 
Anointed, contrary to the allegiance we professe and owe to 
our dread sovereign Lord King Charles his heirs and succes- 
sors (ut supra) shall be punished with death. 
Numb. 16. 
Exo. 22, 28. 
1 Kings, 2, 8, 9, 44. 

Orders made by the Court at Exeter holden the second day 
mo*'^ 9, 1640. 

Imp. That Edward Eistworth is chosen by order of Court to 
be secretary to the Court to look to the Book and to enter all 
such actions are brought and to have 12d. laid down at the en- 
tering every action. 

2dly. It is likewise agreed upon that the lands that are laid 
out according to the former oi'der both for their butting, 
bounding and proportion, are now confirmed and ratified in 
the Court Eowles. 

3dly. It is a law made that if other person or persons shall 
by any means draw sides to make comotions or seditions in 
these our jurisdictions, he shall pay ten pounds and stand lia- 
ble to the further order of the court. 

4thly. It is agi'eed upon that the miller shall take for his 
wayt? and towle 5 lb ? of meal and whatever is wanting more 
is to be made good by him, and he to stand liable to the Courts 
censure upon just and sufficient testimony to the same. 



EXETER. 141 

5thly, It is agreed that all pitts and holes are to be filled 
up and trees removed which lye near the way, within a fort- 
nights time, or else they are to pay lUs. and be liable to the 
censure of the Court. 

6thly. That all creekes ai'c free, only he that makes a 
weare therein is to have in the first place the benefit of it in 
fishing time, and so others may set a ware either above or be- 
low and enjoy the same liberty. 

It is agreed by the Inhabitants of Exeter, that every man 
shall fence, the next spring, a general fence, every man an 
equal proportion, accoi'ding to the quantity of ground lying 
within the fence, by the middle of the second month, which 
will be 1641 : and what damage can bee made appear for want 
of a sufficient fence, he that does it is to make it good, and if 
the said fence be not sett up at the day appointed, every day 
after, he that is behind hand, herein shall pay five shillings a 
day. 

Orders made and agreed upon at Exeter, holdon this 3d day 
month 12th, 1640. 

It is agreed upon that Mr. William Hilton is to enjoy those 
marshes in Oyster Eiver which formerly he had possession of 
and still are in his possession, and the other marsh which Mr. 
Gibbins doth wrongfully detain from him with the rest of those 
marshes which formerly he hath made use of so far forth as 
they in,ay be for the public good of this plantation ; And so 
much of the upland adjoining to them as shall be thought con- 
venient by the neighborhood of Oyster Eiver, which are be- 
longing to this body. 

It is further agreed upon the former agreement, that every 
one shall fence his proportion of ground, and if any refuse, 
whosoever will fence it shall have the use of it till they be 
fully satisfied, if it be old ground, and if it be new he shall 
have it for his pains. 

Whereas it was formerly agreed upon in general that all the 
town should generally fence, and when they came to fence, 
particularly others, should do as much for them in fencing as 
they did for their outsides, which upon further consideration 
is not thought equal, therefore now it is agreed that when we 



142 NEW-HAMPSHIRE. 

come to fence in particular, that it may be put to the consider- 
ation of two indifferent men what their fence was worth, by 
those which fenced; the outside is to be made good unto them 
again by such as it appertains to. 

It is likewise agreed that whoever buys the Indian Ground 
by way of purchase, is to tender it first to the town before 
they are to make proper use of it in particular to themselves. 

Orders made by the Court at Exeter, month first, day the 
12th, 1640. 

Imprimis. Whereas the highways, by virtue of a former 
order, w^ere to be in breadth 3 pole at the least, yet notwith- 
standing they are straightened in divers places, we do there- 
fore here again order that they should be rectified and made 
the full breadth as aforesaid, betwixt this and the middle of the 
second month, which shall be in the year of our Lord 1642, 
and also such ground as is taken in contrary to order to be rec- 
tified within the said time. 

Orders made by the Court at Exeter, d. 30, mo. first, 1641. 

It is agreed upon that all the swine above J a year old and 
upwards, are to be sent down into the great bay by the 10th 
day of the second month, and what swine are found in the 
town after that time, above that age, what hurt they do in a 
Bufiicient fense, their owners are to make it good. 

It is further agreed that according to former orders, that all 
are to have their fences finished of their home lots, by the mid- 
dle of the next month, or otherwise to stand the perill that 
may ensue. 

It is agreed that none but inhabitants of the towne shall 
plant within the towns liberties without their consent. 

Whereas, the freemen of Exeter have made choice of Mr. 
Eichard Bullgar to be Leftenant of the band of soulgers in 
Exeter and presented to the Court holden at Exeter, d. 30, m. 
five, 1041, 1, the ruler of said plantation, do ratify and confirm 
the said choice, and do further grant that the said Mr. Eichard 
Bullgar shall be installed and confirmed Leftenant by the free- 
men, the next training day. 

Nicholas Needham. 



EXETER. 143 

An order made by [the Court] at Exeter, d. 10th, m. 4th, 
1641. 

It is ordered that Goodman , shall allow the Indians 

one bushcll of corn for their labor per , which was spent 

by them in re-planting of thatcorne of theirs which was spoil- 
ed by his corno, and he is to make up their losse at hai'vest, 
according as that cornc may bo judged worse than their corne 
which was now hurt. 

Whereas the freemen of Exeter have made choice of Thom- 
as Wardell to bo Sargeant of the band of Souldiers in Exeter, 
and presented to the Court holden at Exeter, d. 30, month first, 
1641, I, the ruler of the said plantation, do confirm the said 
choice, & do rant that the Thomas Wardell shall be in- 
stalled by the 

the next training day. Nicholas Needam. 

An order made at the Court at Exeter, the last day of June, 
1641. 

It is agreed upon that thar shall be none accusations dvulg- 
ed or spread abroad, of any person or persons, but what there 
be proved by the mouth of two or three witnesses, for they 
that shall so do shall be liable to the Court censure ; this is not 
in point of damages 
but in point of slander in a mans good name. 

Court at Exeter, m**^ 5, d. 10th, 1642. 

The censure of the Court against Thomas Wright, for con- 
temtuous or carriage and speeches against both the Court and 
the magistrate, for which he is to be fined 20s., and to pay all 
Court charges besides, and his liberty is to bo taken away, as 
he is a freeman. 

It is agreed that all manner of cattle aro to have keepers a 
days, and are to be looke to at night & kept up j if any dam- 
age come to any, answerable satisfaction must be made. 

It is further ordered by the Court, d., 3 mon., 1043, that 
Thomas Wardell, William Winberne, Samuel Walker and Rob- 
ert Reade, shall have liberty and authority to search the house 
or houses of any person within this jurisdiction, and to take 
into their custody [and make] sale of any such corne as they 
shall find in them which is more than the party or parties shall 



144 NEW-HAMPSHIRE. 

have need of for their own families till harvest next; and pro- 
vided that the parties above named make good pay for the 
said corn and as good a price as it is generally sold for in the 
River, and these parties to dispose of such corne sold by them/ 
unto such poor people as stand in most need of it, for the best 
pay they can make, and at the same price which the parties 
above named buy it at. 

At the Court holden at Exeter the 20th of the 8th month, 
1642, 

Mr. Needham resigneth up his office of being ruler, and by 
the choise and approbation of the body of the towne, Mr. 
Thomas Wilson is established Ruler. 

John Legate is chosen by the court to be Secretary to the 
Court, to keepe the booke and to enter all such actions as are 
brought and to have 12d. laid down at the entry of every 
action. 

At the court holden at Exeter, the 7th day of the 9th mo. 
1642. 

Our honored Ruler, Mr. Thomas Wilson, doth give his ap- 
probation and confirms all those wholesome laws and orders 
which are here recorded, which were made in the time that 
Mr. Needham was ruler. 

At the court holden the 5th of the 7th mo. 43, Christopher 
Lawson binds himself in the sum of ten pounds sterling unto 
the country to answer a presentment brought against him for 
extortion by William Cole, Tho. Wright, James Wall, William 
Wentworth and Tho. Pettit, and this to be answered by him 
at the next court which shall be holden for Exeter either here 
or elsewhere. 

Corne spoyled by swine, it is ordered that James Wall shall 
have allowed to him 3 bushels of corn, George Rabone 3 bush- 
els, Tho. Wright 1 bushell and a half, George Bartow 1 bushel, 
to be paid by John Bursley for leaving open a cart gapp, or 
by whom he can prove hath left it open, or hath been the 
cause of the leaving it open. 

It is ordered that William Cole, Tho. Wiet and Tho. Wardell 



EXETER. 145 

shall pay unto Saml. Walker, Hen : Roby and Tho. Pettit, 
either of them a peck of eorno for harm done to them by 
swine. 

It is further ordered at the court holden the 5th of the 7th 
mo., 1G4;{, that Tho. Biggs shall pay unto the Sagamore for 
taking away his net and hurting of it 5s. 

It is further ordered that Tho. Biggs shall bo whipt 6 stripes 
for taking away a scythe of Capt. Wiggons and other petty 
larcenies. 

It is ordered that Will Cole and Robt. Smith shall oversee 
the farmes about the town and give warning to them whose 
fences are defective, and if they be not amended, the owners 
thereof to pay for any hurt is done through those fences. 

At a town meeting, the 6th of the 2d mo., 1645. 

At the meeting aforesaid, it is unanimously agreed upon that 
Edward Colcord, of Hampton, according to his desire made 
known unto us, is received an inhabitant among us, and 
there is given unto him for his accommodation, an Island lying 
between La'mprell River falls and Oyster River falls, with a 
large peice of meadow lying near the foot path to Oyster 
river, not far from the said island ; and as much upland ad- 
joining to the said meadow as may make it up one hundred 
acres, all which said lands and meadows we do give unto the 
said Edward, granting him as full title to it, as we may or can 
give him by virtue of our first purchase of those lands. 

[Town meetings last of 10 mo., 1645, 5th of 12 mo., 1645, 
and 25th 3 mo., 1646.] Edward Hilton and Thomas King to 
purchase Mr. Wheelwright's house and land for Mr. Nathaniel 
Norcrosse. 

A contract of several persons to pay their shares of the pur- 
chase of Mr. Wheelwright's house and land for Mr. Nathaniel 
Norcrosse, [to wit] Thos. Joanes, Robert Ilethersay, Hum- 
phry Wilson, Abraham Drake, Nicholas Swaine, Robert Smith, 
John Cram, Thos. Pettit, Francis Swaine, Anthony Stanyan, 
Sam. Greenfield, John Smart, James Wall, Henry Roby, 
Nathl. Boulter, John Legat. 
10 



146 NEW-HAMPSHIRE. 



HAMPTON. 

[The beginning of the settlement at Hampton may be learned from the 
following extracts from Massachusetts Colony Kecords, and other authentic 
documents. Hampton was claimed from the first to belong to Massachu- 
setts' territory and jurisdiction. Ed.] 

1632, 3 October. Mass. Col. Eec, vol. l,p. 100. Mr. Batched 
is required to forbear exercising bis guifts as a pastor or 
teacher publiquely in our pattent, unlesse it be to those hee 
brought with him, for his contempt of authority, & till some 
scandles be removed.* 

4 March. Yol. 1, p. 103. The Court hath reversed the last 
act against Mr. Batchel"" which restrained him from further 
gathering a church within this pattent. 

1635-6, 3 March. Vol. 1, p. 167. Ordered that there shall be 
a plantation setled at Wennicunnett, & that Mr. Dumer & 
Mr. John Spencer shall have power to presse men to builde 
a howsef forthwith, in some convenient place, & what money 
they lay out about it shal be repaid them againe out of the 
treasury or by those that come to inhabit there. 

* Kev. Stephen Bachiler, born about 15G1, came to Boston in the Wil- 
liam and Francis, 5 June, 1632 ; preached at Lynn ; next year was free- 
man, 6 May, 1635 ; next year was at Ipswich, but in 1638 went to New- 
bury ; in 1639 to Hampton, whence, in 1641, he was dismissed, and some 
time after may be heard of at Saco. Finally, in 1653-4, he went back to 
England, leaving his third wife, Mary, here, who prayed for a divorce in 
1656, because he had gone to England and had taken a new wife. Mr. 
Bachiler's life was full of change and unhappy incidents. He must have 
been over 70 years of age when he arrived in this country, and about 92 
when he returned. He died in 1660, at Hackney, near London. His his- 
tory properly belongs to Lynn and to Hampton. 

•}■ This is the bound ?iouse. Its site is in Seabrook ; is nearly half a mile 
north of the present line of Massachusetts, three miles north of the Mer- 
rimack. Its erection could be claimed either as an actual taking posses- 
sion and occupation of the land more than three miles north of the Mer- 
rimack, or as a claim that their line extended to that point as events might 
render expedient, and it was doubtless so intended. The house was erected 
soon after. iS. D. Bell. 



HAMPTON. 147 

1637, 2 November. Vol. 1, p. 206. The inhabitants of Newe- 
bei'iy having bene moved to leave their plantation, they have 
granted them Winnacunnet, or any other plantation upon 
Merrimack, below the first falls, & to have sixe miles square, 
& those that are now inhabitants, & shall remove within one 
yearc, shall have three years imunity (as Concord hath), the 
three years begining the first of the first month next. 

1638, 1 mo. Another plantation was begun upon the north 
side of Merrimack, called Sarisbury (now Colchester), another 
at Winnicawett, called Hampton, which gave occasion to some 
difi'erence between us and some of Pascataquack, which grew 
thus : IMr. Wheelwright, being banished from us gathered a 
company and sat down by the foils of Pascataquack and called 
their town Exeter, and for their enlargement they dealt with 
an Indian there and bought of him "Winnicawett, &c., and then 
wrote to us what they had done and that they intended to lot 
out all their lands into farms, except we could show a better 
title. They wrote also to those whom we had sent to plant 
Winnicowett, to have them desist, &c. These letters coming 
to the General Court, they returned answer, that they looked 
at this their dealing as against good neighborhood, religion 
and common honesty ; that knowing we claimed Winnicowett 
as within our patent, or as vacuum domicilium, and had taken 
possession thereof by building an house there above two years 
since, they should now go and purchase an unknown title and 
then come to [inquire, deny] of our right. It was in the same 
letter also manifestl^^ proved that the Indians having only a 
natui'al rigbt to so much land as they had or could improve, 
so the rest of the country lay open to any that could and 
would improve it, as by the said letter more at largo doth 
appear. Winth. His. of N. E. 348. 

[See Boulter and Redman's deposition, ante.l 

Under date 1639, 15, no month, perhaps June, the Court 
of Elections was held which was usually in May. " Those of 
Exeter replied to our answers, standing still to maintain the 
Indians right and their interest thereby. But in the mean 



148 NEW-HAMPSHIRE. 

time we sent men to discover Merrimack and found some part 
of it about Pencook to lie more northerly than forty -three and 
a half, so we returned answer to them, that though we would 
not relinquish our interest by priority of possession for any 
right they could have from the Indians, yet seeing they had 
professed not to claim any thing which should fall within our 
patent, we should look no farther than that in respect of their 
claim." 

1638, 8 June. Vol. 1, p. 231. It is ordered that the magis- 
trates of Ipswich shall have power to discharge Mr. Eason and 
Mr. Geoffry from building at Winnacunnet, and if they will 
not take warning, to clear the place of them. 

1688, 6 September. Vol, 1, p. 236. The court grants that 
the petitioners, Mr. Steven Bachiler, Christo. Hussey, Mary 
Hussey, vidua, Thorn. Cromwell, Samuel Skullard, John 
Osgood, John Crosse, Samm. Greenfield, John Molton, Tho. 
Molton, Willi. Estow, Willi. Palmer, Willi. Sergant, Rich'd 
Swayne, Willi. Sanders, Rob't Tucke, with divers others, 
shall have liberty to begin a plantation at Winnacunnet, and 
Mr. Bradstreete, Mr. Winthrop, junior, and Mr. Rawson, or 
some two of them, are to assist in setting out the place of the 
towne, and apportioning the severall quantity of land to each 
man, so as nothing shall bee done therein without alowance 
from them or two of them. 

1639, 6 June. Vol. 1, p. 259. Winnacunnet is alowed to be a 
town and hath power to choose a constable and other officers, 
& make orders for the well ordering of their towne & to 
send a deputy to the court & Christo. Hussey, WiUi. Palmer 
and Eich*^ Swaine to end all businesses under 20 shs. for this 
year, the laying out of land to bee by those expressed in the 
former order. 

1639, 6 June. Vol. 1, p. 261. Mr. Willi. Bartholomew was 
granted to have foui'ty shillings for his journey to Piscataque. 

1639, 4 September. Winnacunnet shall bee called Hampton. 



HAMPTON. 149 

1639,5 November. The Deputy Governor, Mr. Emanuell 
Downing and Capt. Edward Gibons were appointed to treate 
witb tbe three comittees from the towne of Dover upon Pi8- 
cataque, with whom they did agree and certified the fiame. 

1640, 13 May. P. 289. Mr. Edward Woodman, Mr. Willi. 
Paine and Mr. Thom. Nelson are appointed to viewe and set- 
tle the bounds between Hampton and Colchester and to make 
returne to the court. 

P. 291. Willi. Haward is desired as a sergent to exercise the 
comp* at Hampton and John Crosse is appointed surveyor of 
the armes there. 

P. 294. A rate for 1200Z, ordered to bee paid at two months. 
The proportion for the rate agreed upon is, for Hampton 
£10:00. 

P. 295. A committee appointed to value horses &c. For 
Hampton, both Goodman Moultons and Goodman Crosse. 

1640, 7 October. P. 302. Wee, whose names are under writ- 
ten according to the order of the General Court, have taken 
viewe of the bounds of Hampton & Colchester* according 
to o' best light, by o"' discovery and from information of both 
the townes, wee judge it most equall that the line beginning 
at Hampton Ryver mouth, running from thence so as to have 
Mr. Bachiler's farm la3'de out in Hampton bounds, & from 
the .southerlest line of Mr. Bachiler's farm the line to extend 
westerly between Colcester & Hampton, the same point of 
the compas that Merrimack Ryver runes from the mouth to 
the end of Colchester bounds. 

Thom. Nelson, 
Willi. Paine, 
Edward Woodman. 
Septemb' 24, 1640. 

* Salisbury. 



150 NEW-HAMPSHIRE. 

P. 307. For to take caption or cognisance, and to make 
replevies where any magistrate is, hee may do it, but in other 
townes these after named are appointed. 

For Hampton, John Moulton. 



[The following paper, evidently in the hand-writing of Rev. Stephen 
Bachiler, and drawn up by him, is copied from the first book of records of 
the town of Hampton, and furnished to the editor, by Joseph Dow, Esq., 
of that place. The original is much defaced and worn out. The words 
included in [ ] and underscored are supposed to accord with the original. 
But [ — ] denote that the manuscript is illegible. Ed.] 

Memorandu™, y' At the general court holden at Boston the 
seventh of the eigth moneth (called October) anno 1(538 (Mr 
John Winthrop, Sen' being then governo'"). It was granted 
unto Mr Stephen Bachiler & his company (who were some of 
them united together by church government) that according 
to their Petition (then exhibited) they should have a Planta- 
tion at Winnicunnet; & accordingly they were shortly after to 
enter upon & begin the same ; only the power of manageing 
the affaires thex'eof, was not then yeolded to them but comit- 
ted by the Co''* to Mr [Bradstreet], Mr John Winthrop, Jun' & 
Mr Rawson, so as nothing might be done w^'^out allowance of 
them, or two of them. 

Afterw'"'^^, to wit, on the 7th day of the 4th moneth, 1639, 
Winnicunnet (the Plantation being then in some forwardnes) 
was allowed to be a Towne, & had power to choose a consta- 
ble & other officers, & make orders for the well-oi'dering of 
the Towne, & likewise to send a deputie to the court (at w'^'' 
tyme also Mr Christopher Hussey & two other of the freemen 
there were appointed to end all business under 20s), & respect- 
ing the laying out of land, it was left to the 3 gentlemen ex- 
pressed in the former order. 

Moreover on the [ — ] day of the [ — ] moneth, on motion of 
the then deputies, the power of \_disposing of lands] & of man- 
ageing all other the affaires of [the Towne was] comitted to the 
freemen there, \the names of such] as were then inhabiting here 
follow, viz : [Mr Stephen Bachiler] (Pastor), Mr Timothy 
Dalton (Teacher), [ — ] John Crosse, John Moulton, Willm. 



HAMPTON. 151 

Palmer, Philemon [Daltoni, Willm. Wakefield, Wm. Eastow, 
Thomas Moulton, Richard [Swainc], Robert Tncko, Rob' San- 
derson, Thomas Jones. 

And further about the same tyme the said Plantation (upon 
Mr Bachilers request made known to the court) was named 
Hampton.* 



Of the original or early settlers at Hampton, the follow- 

iiames are found : 

Stephen Bachiler, Thomas Molton, 

Christopher Ilussey, "William Estow, 

Mary Ilussey, widow, William Palmer, 

Thomas Cromwell, William Sargeant, 

Samuel Skullard, Richard Swayne, 

John Osgood, William Sanders, 

Samuel Greenfield, Robert Tucke, 

John Molton, John Cross. 

From the files of the ancient county of Norfolk, the 
late John Farmer, Esq., obtained " A ISTote of the families 
in Hampton, the first summer Mr. Bacheler came to 
Hampton." See Farm. Belk., vol. 1, p. 21, note. 

John Brown, William Palmer, 
Mr. Christopher Ilussey, Thomas Marston, 

Edmund Johnson, William Estowe, 

Robert Tucke, Lt. William Hayward, 

Thomas Jones, Isaac Perkins, 

Robert Saunderson, Francis Peabody, 

James Davis, Robert Caswell, 

Richard Swaine, John Cross, 

Samuel Greenfield, William Sargent, 

Abrahani Perkins, Arthur Clark. 
Philemon Dalton, mi n i a 

John Iluggins, ^f'' ^'"'^''^ '^"""^^^'•- 

Jeofi'rey Mingay, Robert Page, 

Thomas Moulton, William Marston, 

John Moulton, Joseph Austin, 

* Joseph Dow, Esq., of Iliimpton, has in preparation a manuscript His- 
tory of that ancient town, which, it is hoped, will soon be published. It 
will contain records and facts of great value. Ed. 



152 NEW-HAMPSHIRE. 

Joseph Smith, Walter Roper, 

John Philbrick, Henry Ambrose, 

"William English, Widow Parker. 

Young men that had lots. 

William Wakefield, Giles Fuller, 

AVilliam Fifield, William Saunders, 

Moses Cox, Daniel Hendrick, 

Thomas King, John Wedgewood, 

Anthony Taylor, Thomas Chase, 

Thomas Ward, William Fuller. 

The number of families there, says Edward Johnson, 
was about sixty, and "they have 450 head of cattle." 
And "for the form of the toune, it is like a flower-de- 
luce, two streets of houses wheeling off from the maine 
body thereof; the land is fertile, but filled with swamps 
and some store of rocks ; the people are about 60 families ; 
being gathered together into church covenant, they called 
to ofiice the reverend, grave and gracious Mr. Doulton, 
having also for some little space of time the more ancient 
Mr. Bacheler to preach unto them also." 

"The first town meeting," says Mr. Dow (Hist. Ad- 
dress, 25 Dec, 1838), " of which any record remains, was 
held October 31, 1639. William Wakefield was chosen 
town clerk. The freemen, instead of proceeding to lay 
out the township into any definite number of shares, ap- 
pointed a committee, whose duty it should be, for the 
space of one year, 'to measure, lay forth, and bound, all 
such lots as should be granted by the freemen there.' 
The compensation allowed this committee was twelve 
shillings for laying out a house-lot, and, in ordinary cases, 
one penny an acre for all other land they might survey. 

"A vote was also passed, imposing a fine of one shil- 
ling on each freeman, who, having had due notice of the 
meeting, should not be at the place designated within 
half an hour of the time appointed." 

Every public meeting was to " be opened and closed 



HAMPTON. 153 

with prayer by the moderator, unless one of the ministers 
was present, upon whom he might call to lead in that 
exercise." 

*' When any person was to speak in meeting, he was to 
do it standing, and having his head uncovered. 

"When an individual was speaking, no other one was 
allowed to speak without permission ; and no person was 
to be permitted to speak, at any meeting, more than 
twice, or three times at most, on the same subject, 

"AYhen any article of business had been proposed, it 
was to be disposed of before any other business could be 
introduced. 

*' Penalties were to be exacted for every violation of 
any of these rules." 

In making grants of lands, "respect was had, partly to 
estates, partly to charges, and partly to other things;" 
hence " the principal men in the town, received grants of 
the largest tracts of land." 

"It was voted that no manner of person should come 
into the town as an inhabitant, without the consent of the 
town, under the penalty of twenty shillings per week, 
unless he give satisfactory security to the town." 

10th Dec, 1639. " Liberty is given to William Fuller, 
of Ipswich, upon request, to come and sit down here as a 
planter and smith, in case he bring a certificate of appro- 
bation from the elders." 

8th, 10th mon., 1662. "It is acted and ordered, that 
henceforth no man shall be judged an inhabitant in this 
town, nor have power or liberty to act in town aiiairs, or 
have privilege of commonage, either sweepage or feedage, 
but he that hath one share of commonage, at least, ac- 
cording to the first division, and land to build upon." 

"In the latter part of the year 1640, the town passed a 
vote, appropriating the meeting-house porch for a watch- 
house, till another could be procured." 



ANCIENT 
DOCUMENTS AND RECORDS 

RELATING TO KEW-HAMPSHIRE, 

SUBSEQUENT TO MASSACHUSETTS' JURISDICTION, 

From 1641 to 1679. 



[XoTE. A considerable portion of tlie Papers wliich follow were first 
copied, under authority of the Legislature of New-Hampshire, 1827, by 
Joshua Coffin, Esq., of Newbury, Mass., from the AJassachusetts Colony 
Records, before they were printed. The papers thus copied by Mr. Coffin 
have been carefully compared with the printed Records, and revised by the 
Editor. They are designated by reference to the volume and page of the 
Manuscript from which copied, at the end of each paragraph. These pa- 
pers, however, were found, on examination, to be only a part of those 
Records which relate to New-Hampshire; and the Editor has copied all 
else that could be found in the printed Records, placing the date, vohime 
and page at the beginning of each paragraph. 

Other valuable papers are herewith included, copied by the Editor from 
the Documentary Colonial History of New- York, and other sources to 
which he had access, all which are properly distinguished and credited. 
Ed.J 

1641, 2 June. Mass. Coll. Eec, vol. 1, p. 332. 

Whereas the lords and gentellraen patentees of Dover & other 
tracts of land upon the ryver of Pascataque have passed a 
grant of the same to this Court, to bee forever annexed to this 
jui-isdiction, with reservation of some part of the said lands to 
their owne use in regard of propriety, it is now ordered that 
the present Governor, assisted with 2 or 3 of the other magis- 
trates, shall give comision to some meete persons to go to Pas- 
cataque, & give notice hearof to the inhabitants there, & take 
order for the establishin": of govern men t in the li mitts of the 



1G41.] FROM MASSACHUSETTS RECORDS. 155 

said patentees, & to receive into this jurisdiction, all other in- 
habitants upon the said river as may & shall desire to submit 
themselves thereunto.* 



The 14th of the 4th mo. 1G41. 

"Whereas some Lords, knights, gentlemm & others did pur- 
chased of Mr Edward Hilton, & of some merchants of Bristoll 
two pattents, one called Wecohannet or Hilton's point com- 
monly called or knowne by the name of Dover or Northam, 
the other pattont set forth by the name of the south part of 
the ryvcr of Pascataquack beginning at the sea side or near 
thereabout & coming round the said land by the river unto the 
falls of Quamscott as more fully appear by the said grant: 
And whereas also the inhabitants residing at present within 
the limitts of both the said grants have of late & formerly com- 
plained of the want of some good government amongst them 
& desired some help in this particular from the jurisdiction of 
the IMass Bay, whereb}^ they may be ruled and ordered accord- 
ing unto God both in church & commonweal, and for the 
avoyding such insufferable disorders whereby God hath been 
much dishonored amongst them. Those gentlemen whose 
names are here specified, George Willis gent, Eobt. Saltonstall 
gent, Will. Whiting, Edward Holliock, Thomas Makepeace, 
partners in the said pattent do in behalfe of the rest of the 
patentees dispose of the lands & jurisdiction of the premises as 
followeth, being willing to further such a good worke have 

*• "The settlements on Piscataquii rivor and its branches wore formed 
into distinct governments, so that there were existing at the commonoe- 
ment of this year, four separate republics, independent of each other ; 
namely, Portsmouth, Ivitter}', Dover, and Exeter." Ad. Ann. Ports., 
p. 28." 

Winth., 2 vol., p. 34, 1641. " Mr. [Hugh] Peter and Mr. Dalton. 
with one of Acomonticus, went from Pascataquacke with 3Ir. John Ward, 
who was to be entertained for their minister ; and though it be but six 
miles, yet they lost their way, and wandered two days and one night with- 
out food or lire in the snow and wet. But God heard their prayers where- 
in they earnestly pressed him for the honor of his great name, and when 
they were even quite spent, he brought them to the soa-sidc, near the 
place where they were to go to — blessed forever be his name." 



156 PROVINCE PAPERS. [1641. 

hearby for themselves & in the name of the rest of the pat- 
tentees given up & set over all that power of jurisdiction or 
government of the said people dwelling and abiding within 
the limitts of both the said patients unto the government of 
the Massachusetts Bay, by them to be ruled & ordered in all 
causes criminall and civill as inhabitants dwelling within the 
limitts of the Massachusetts government & to be subject to pay 
in church & commonweale as the said inhabitants of the Mass- 
achusetts bay do & no other. And the freemen of the said 2 
pattents to enjoy the like liberties as other freemen do in the 
said Massachusetts government, & that there shall be a court 
of justice kept within one of the 2 patents, which shall have 
the same power that the courts of Salem & Ipswich have, 
Provided always, & it is hereby declared that one of the said 
pattents, that is to say that on the south side of the ryver of 
Pascataquack, & in the other pattent one third part of the 
land with all improved land in the said pattent to the lords & 
gentlemen & other owners shall be & remain unto them, their 
heirs & assigns forever as their proper right & as having true 
interest therein saving the interest of jurisdiction to the Mass- 
achusetts, and the said pattent of Wecohannett shall be divided 
as formerly is exprest by indifferent men equally chosen on 
both sides, whereby the plantation may bee furthered & all 
occasions of differences avoyded. 

And this honored court of the Massachusetts hearby promise 
to bee heelpful to the maintenance of the right of the Pattentecs 
in both the said Pattents in all the legall courses in any part 
of their jurisdiction. 

Subscribed by the fore named gentlemen in the presence of 
the general court assembled the day afore written. C. Rec, 
vol. 1, pp. 30-i and 5. 



Whereas the lords & gentlemen patentees of Dover & other 
tracts of land upon the river of Pascataque have passed a 
grant of the same to this court to be forever annexed to this 
jurisdiction with reservation of some part of the said lands to 
their own use in regard of propriety. It is now ordered that 
the present Governor assisted with 2 or 3 of the other magis- 



1641.] FROM MASSACHUSETTS RECORDS. 157 

trates shall give commission to some meete persons to go to 
Piseataque and give notice hereof to the inhabitants there & 
take order for the establisliing of government in the limmitta 
of the said Pattentees & to receive into this jurisdiction all 
other inhabitants upon the said river as may & shall desire to 
submit themselves thereunto. C. Rec, vol. 1, p. 311. 



Declaration of John Allen, Nicholas Shapleigh and Thomas Lake, 

respecting the Dover and Swampscot Patents. 

[From Far. Belk., App. JSTo. 15, p. 435.] 

The Genei'al Court ordering that the petitioners, John Allen, 

Nicholas Shapleigh and Thomas Lake, might make a brief 

declaration of their right in the two patents, Swampscot and 

Dover (November, 1654). 

We humbly present to this honored court as followeth : 

1. That Mr. Edward Hilton was possessed of this land about 
the year 1628, which is about 26 years ago, 

2. Mr. Hilton sold the land to some merchants of Bristol, 
who had it in possession for about 2 years. 

3. The Lord Say, the Lord Brook, Sir Richard Saltonstall, 
Sir Arthur Haslerigg, Mr. Bosville, Mr, Wyllys, Mr. Whiting, 
Mr. Hewett and others bought the said land of Bristol mer- 
chants and they have paid £2150. They being writ unto by the 
governor arid magistrates of the Massachusetts, ivho encouraged 
them to purchase the said lands of the Bristol men, in respect they 
feared some ill neighborhood from them, as some in this honored 
court may please to remember. 

4. The lords and gentlemen engaged the said land (so pur- 
chased) about 9 years, and placed more inhabitants at Dover, 
some of which came over at their cost and charges, and had 
their several letters set forth unto them. 

5. The 14th of the 4 mo. 1641, Mr. Wyllys, Mr. Saltonstall, 
Mr, Holyoke and Mr. Makepeace, for themselves and partners, 
put the said patent under the government of the Massachu- 
setts, reserving J of Dover patent, and the whole of the south 
part of the river, to the lords and gentlemen, and the said 
Court confirmed the lands on them, their heirs and assigns 



158 PROVINCE PAPERS. [1641. 

forever, as by the said contract fully appears, the 14th 4 mo. 
1G41, and the f of Dover patent should remain to the inhab- 
itants of Dover. 

6. The 7 mo. 1642, Mr, Samuel Dudley and others were ap- 
pointed by the court to lay out the limits of Dover according 
to the agreement with Mr. Whiting and company, and that 
nothing be done to the prejudice of Mr. Whiting and company 
appears by the court record 7 mo. 1642. 

7. The 7 mo. 1643, the marsh and meadows in the great 
bay, and 400 acres of upland was granted to Dover, reserving 
the right to the proprietors. 

Now we humbly pray this honored court to take into con- 
sideration, that this additional grant to Dover was 2 years and 
3 months after your contract with Mr. Whiting and company, 
and 15 years after the owners had purchased and possessed it, 
during which time, the whole patent was twice sold and sev- 
eral parts also, and also it was enjoyed by the owners 13 years 
before the honored court challenged any interest in the said 
land by the extent of your patent. And that this honored 
court will be pleased to grant a division of the said lands ac- 
cording as you have formerly ordered. 



A General Court held at Boston the 9th day of the 8th 
month 1641. 

Whereas it appeareth that by the extent of the line (accord- 
ing to our patent) that the ryver of Pascataquack is within the 
jurisdiction of the Massachusetts & conference being had (at 
severall times) with the said people & and some deputed by the 
Generall Court for the setteling and establishing of order in the 
administration of justice there. It is now ordered by the 
Generall Court holden at Boston the 9th day of the 8th month 
1641, & with the consent of the inhabitants of the said ryver 
as foUoweth : 

Imprimis, That from henceforth the said people inhabiting 
there are and shall be accepted & reputed under the govern- 
ment of the Massachusetts as the rest of the inhabitants 
within the said jurisdiction are. 



1641.] FROM MASSACHUSETTS RECORDS. 159 

Also that they shall have the same order and way of admin- 
istration of justice and way of keeping courts as is established 
at Ipswich & Salem. 

Also that they shall be exempted from all publiquc charges 
other than those that shall arise for, or from among themselves 
or from any occasion or course that may be taken to procure 
their own particular good or benefit. 

Also they shall enjoy all such lawfull liberties of fishing, 
planting felling timber as formerly they have enjoyed in the 
said ryver. 

Mr Symon Bradstreete, Mr Israeli Stoughton, Mr Samuel 
Symonds, Mr Willi. Tynge, Mr Francis Williams & Mr Edward 
Hilton or any four of them, whereof Mr Bradstreete or Mr 
Stoughton to bee one these shall have the same power that the 
Quarter Courts at Salem and Ipswich have. 

Also the inhabitants there are allowed to send two deputyes 
from the whole ryver to the Court at Boston. 

Also Mr. Bradstreete, Mr Stoughton and the rest of the 
commissioners shall have power at the Court at Pascataqnack 
to appoint two or three to joyne with Mr Williams & Mr Hil- 
ton to govern the people as the magistrates do here till the 
next Grcnerall Court, or till the Court take further order. 

It is further ordered that untill our commissioners shall ar- 
rive at Pascataquack, those men who already have authority 
by the late combination to govern the people there shall con- 
tinue in the same authority & power to bee determined at the 
coming of the said commissioners & not before. C. Rec, vol. 
1, pp. 319, 20. 

Dec. 10th, 1641. Mr Wiggin, Mr Warnerton & Mr Gibbens 
were joyned in commission at Pascataqne by our commission- 
ers which were sent to them which this court doth confirm 
untill further order be taken. 

It is ordered that in every towne one shall be appointed to 
grant summons & attachments in all civil actions, & attach- 
ments are to be granted when the party is a stranger, not 
dwelling amongst us, or for some that is going out of our juris- 
diction, or that is going about to make away his estate to de- 
fraude his creditors, or when persons are doubtfull in their es- 



160 PROVINCE PAPERS. ' [1642. 

tates to the j)]aintiff & the same persons to grant replevy, and 
when they grant any replevy, they are to take bond with suf- 
ficient security (of the party that desireth the replevy) to pros- 
ecute the suite, & they are to have for warrants 2d. a peece, for 
a replevy on attachments 3d. a peece and for bands 4d. a peece. 
These are to be directed to the constables in townes where is 
no marshall, the same party to grant summons for witnesses 
for Hampton, Willi. Wakefield is appointed for Salisbury &c. 

These have power to serve out proces to any town & to bee 
called Clarkes of the writtes, these are chosen for a yeare, & 
tille new bee chosen in their roomes, the marshalls fee for a 
replevy or attachment to bee 12d. & where no constable is a 
magistrate may direct a warrant to some one for the present — 
These orders are to take effect at the Quarter Court in the 
first month next & in the mean time the magistrates are to 
grant warrants for summons. 

It is ordered that every marshall should have sixpence out 
of every action during the pleasure of the Quarter Court. 



1642, 3 May. Vol. 2, p. 5. 

Commission is granted to Capt. Wiggen Mr Edward Hilton, 
Mr Warnex"ton & Mr William Walderne to bee assistant to 
such of the magistrates or others as shallbee sent either by this 
Co't or by agrement & order of the magistrates, or the greater 
number of them, to keep Co't at Pascataque & out of Co't to 
see to the preserving of the peace & to have and exercise 
such power within our limits at Pascataqua, as any one magis- 
trate of this jurisdiction usually doth & lawfully may exercise 
out of Co't; this comission to continue till this Co't take fur- 
ther order, & that it shallbee in the power of any Co't there 
to admit & swear freemen, so they bee qualified according to 
law so as there bee one of the magistrates at the least present, 
& an oath shallbee given to the said associates for the dis- 
charge of the duty of their place. 

14 June, 1642. 2, p. 10. 

William Haward is appointed to grant sumons, attachments, 
& replevies in Hampton in place of Willi. Wakefield. 



1642.] FROM MASSACHUSETTS RECORDS. 161 

Willi Haward, John Crosse & James Davis are appointed to 
end small businesses in Hampton under 20 shs. 

Capt. Wiggen his comission for Pascataque is extended to 
Hampton. 

II, p. 14. 

A comittee appointed to levy and proportion a rate of 800£, 
which they agreed as foUoweth — For Hampton 05. 

II, p. 16. 

It was ordered that Mr Rich'* Bellingham & Mr Symoa 
Bradstreet should go to Pascataque & keepe a court there 
with the comissioners then chosen & they two to bee of the 
quorum, so as no court to bee kept without one of them. 

Capt. Gibbons was appointed to gratify the Indians wch 
were implied [employed?] by us, being sent to Passaconaway. 
Mr. Saltonstall & Mr. Bradstreete were desired to gratify him 
whom they implied. 

An order was sent to Left. Greenleefe, or in his absence to 
Mr. Woodman, for sending home the Indian woman & child 
from Newbery, & to send to Passaconaway for satisfaction. 

Willi. Hilton ; Willi. Waldern ; Edwa. Colcote, have author- 
ity to end differences under 20 sh'. Mr. Francis Williams is 
joined an associate at Piscataqua. 

1642, 8 September. II, p. 20. 

A Division made of Gunpowder to the several towns — the 
proportion of Hampton 1 barrell. 

Memoranda. That Hampton & Newbery had each of them 
a barrell before, which they are to allow for, besides the bar- 
rell which is now alowed to each of them by this order. 



A General Court at Boston the 8th of the 7th mo. 1642. 

It is ordered that all the present inhabitants of Pascata- 
quack, who formerly were free there shall have liberty of free- 
men in their severall townes to manage all their towne affairs 
& shall each town send a deputy to the General Court though 
they be not at present Church members. C. Eec, B. 2, p. 23. 
11 



162 PROVINCE PAPERS. [1642. 

It i8 ordered that the associates at Pascataque shall have 
power to try any cause under £20, though no other be sent 
to them. C. E., p. 25. 

The inhabitants of Northam upon their petition are granted 
the liberty which other townes have, & Mr Samuel Dudley 
Mr Wi. Paine, Mr Win slow & Mathew Boyes are to settle their 
limitts. Wee think wee are bound to defend their right ac- 
cording to our agreement with Mr Whiting & his company so 
as nothing bee done to the prejudice of Mr Whiting & company 
till the matter be decided. They shall have a barrell of powder 
delivering dry fish for it at Boston by agreement with the sur- 
veyar generall. 

The difference between this Court & Mr. Whiting with his 

company committed to 3 or 4 of the magistrates about 

Boston to take some course for the speedy determining of it 
as they shall thinke fitt. C. R., p. 26. 



" Copies of Deeds left by Mr. Scammon of and about Shrewsbury 

Men's Interest in Quamscott." 
Sept. 13, 1642. 

To all Christian people to whom this present writing shall 
come, I, Thomas Larkham, Pastor of the church at Northara 
in Piscataquacke in New-England greeting, Whereas I, the 
said Thomas Larkham with divers others have an adventure 
or stock in the Patents and plantation of Pascataquacke 
granted, sold, assigned & sett over by one Obediah Brewer of 
Cape Anne alias Gloucester in New-England aforesaid, to the 
propper use of mo my executors & administrators and assignes, 
which was granted, sold, assigned & sett over unto the said 
Obediah Brewer by Richard Percivall now or heretofore of 
Shrewsbury in Old England as by a writing of sale drawne by 
Richard Percivall above named bearing date the 22nd of Octo- 
ber 1635 Annoque regis Caroli undecimo more at large it 
may & doth apj)eare, approved by Richard Hunt, Thomas 
Wingfield, Thomas Knight & other adventurers and partners 
in the above mentioned Patents & plantations as by a writing 
bearing date the 4th of May anno Dom. 1640 appeareth. 
Now know yee that I the sayd Thomas Larkham for & uppon 



1642.] FROM MASSACHUSETTS RECORDS. 163 

a certaino valluablo some of money by me received of William 
Walderne & for divers good causes & considerations mo there- 
unto moving, Have given, granted, bargained, sold, assigned & 
sett over & by these presents doe fully grant bargaino, assigno 
& sett over unto the aforenamed William Waldcrn to his own 
proppcr use & to the use of his executors, administrators & as- 
signes all my said adventure or stock by me bought as afore- 
said & all the produce & increase by me also bought as afore- 
said and all sith hence coming of the said Adventure & stocke 
to receive, perceive, take & enjoy the premises to me granted 
& every part to the said William Waldern his executors, ad- 
ministrators & assignes, together with all such writings as con- 
cerne the same. 

In witness whereof I have put to my hand & scale this thir- 
teenth day of September Anno Dom. 1642. 

Thom. Larkham. * 
(a scale.) 

Sealed & delivered in presence of 
William Ballew, 

Big. 

Phillip X Cheslin. 
That this a true Copy Compared with its original left on file 
& in its stead left to remayne on file. Attestes. 

Edw. Eawson Secretary, 
Richard Scamon. 

Know all men by these presents that we, whose names ai*e 
subscribed partners in the plantation of Pascataquacke in 

*Winth., Vol. 2, p. 79, 1642. "At this general Court appeared one 
Kichard Gibson, a scholar, sent some three or four years since to Rich- 
man's Island to be a minister to a fishing plantation there belonging to one 
Mr. Trelawney [Tretaway ?] of Pliraouth in England. He removed from 
thence to Pascataquack, and this year was entertained by the fishermen of 
the Isle of Shoals to preach to them. He, being wholly addicted to the 
hierarchy and discipline of England, did exercise a ministerial function in 
the same way, and did marry and baptise at the Isle of Shoals which was 
now found to be within our jurisdiction." Gibson got into trouble by a 
controversy with Larkham of Dover, scandalising the Massachusetts gov- 
ernment, denying their title, &c. — he was committed to the marshal; but 
soon after left the country. 



164 PROVINCE PAPERS. [1642. 

New-England are acquainted with a writing drawn by Eichard 
Percivall of Shrewsbury, Draper, wherein he doth upon just & 
valluable considerations devolve all that adventure, which he 
the said Richard Percivall hath in the aforesaid plantation ac- 
cording to the writing expressed unto Obediah Brewer of the 
same towne of Shrewsbury draper & to his executors, admin- 
istrators & assignes, and to his & their propper use & behoofe 
forever without giving any account unto the said Richard Per- 
civall or to any other in his behalf. 

We doe also approve of this act passed by bill of sale betwixt 
the said Percivall and Obediah Brewer & doe willingly accept 
of the said Obediah Brewer as partner with us in the roome of 
the said Eichard Percivall according to the proportion expressed 
in the said bill of sale under the hand & scale of the said Rich- 
ard Percivall. 

In witnes whereof we have put to our hands this 4th day of 

May 1640, Anno Dom. 1640. 

Richard Hunt, 
Tho. Wingfield, 
Tho. Knight, 
Tho. Hunt, 
William Rowley. 

11 June 1666 That this is a true copy compared with the or- 
iginall then on file & left in its stead as attests — Edw. Eawson 
Secretary. Richard Scamon. 

Indorsed was the following — " Copies of Deeds left by Mr 
Scamon of & about Shrewsbury men's interest in Quamscott, 
1642," 



27 September. C. R., p. 32. 

It was ordered, that the elders should be desired to take the 
case of the inhabitants of Strawberry Banck into their consid- 
eration, & affoard their help for providing a minister for them. 

The petition of Mr. Wheelwright if hee himself petition the 
Court at Boston, they shall have power to grant him safe 
conduct. 

The inhabitants of Northam, upon their petition, are grant- 
ed the liberty w'^'* other townes have ; and Mr. Samu. Dudley, 



1643.] PROM MASSACHUSETTS RECORDS. 165 

Mr. Wi. Paine, Mr. Winslow, & Mathew Boyse are to settle 
their limits. 

Wo think we are bound to defend their right according to 
C agreement with Mr. Whiting & his company so as nothing 
bee done to the prejudice of Mr. Whiting & comp. till the mat- 
tor be decided.* 

The difference between this Cor* and Mr. Whiting w"' his 
company is comitted to 3 or 4 of the mag'trates about Boston, 
to take some course for the speedy dotermineing of it, as they 
shall thinke fitt. 



Hamilton Petition, 1643. 
Mar. 7, 1643. 

To the Eight Worshipfull the Governor and Dcputie Govern- 
or with the rest of the worshipfull Counseill & assistance & Dep- 
uties now assembled at this general Court houlden in Boston 
this 7th day of the first month 1643. 

The humble pettition of part of the Brethren and most o 
the inhabitants of Hampton, Humbly showeth that whereas 
William Ha ward of the same (towne) Towno was heretofore 
chosen by part of the towne to be our Leader for present & for 
Triall of his sufficiencie, who afterward as it is reported by 
some that he was established for a lief tenant over us without 
our knowledge or desires & hath so continued about the space 
of 3 years in all which time we find not that we have profited 
by him so much in militaiy knowledge or practis as we might 
had not many defects of his hindred us in these respects, first 
in training j-our worships pittitioners in the winter season the 
snow being very dc])Qs & the weathar percinge coulde that our 
trainings was to littel purpos j secondly when the weathar 
■was warme we are Imployed in some towne business of anoth- 
ar nature the most parte of the day in repect whereof we 
your worships pititners doe find ourselves verry unfitt for the 

* WiHiam Whiting was a wealthy merchant ; probably camo over in 
1633 with Capt. Wiggan; and was agent for Lords Say and Brook, at 
Swamscott. He afterwards went to Hartford, Conn., in 1637, was of the 
House of Representatives ; in 1641 an Assistant, and Treasurer of the Col- 
ony frona 1643 till his death, in 1647. 



166 PROVINCE PAPERS. [1G43. 

searvice of the country, nor dare we Comfortably committ our 
lives under his Conduction if in case we should be Couled to 
present sarvis in defence of this Honred state, which we your 
worships pittioners in all humble dutie are bounden unto. 
Further more your worships pittionars doth inform your wor- 
ship that William Haward being deputio for our towne about 
two years since Keceved one barrel! of gunpowder for the 
townes use in case of presant danger at which time he told us 
that it was an order of Court that whosoever would bring 
him as much Corne as comes to two shillings he should have 
from him a ticket under hia hand to excuse from the Clarks 
fine, which is that any one that hath not one pound of powder 
in his howse is liable to pay ten shillings; but when enquiry 
was made of other deputies concerning the truth of this thinge, 
but we found it otherwaies, then he informed us, & we did 
certifie him thereof, but he gave us provoking speches, & 
charged all that should say that it was not a Court order to be 
liars tho' sume of the deputies had formerly tould us that it 
was no Court acte. May it therefore please your worships to 
redress these our aggrievances & to make choyse of some other 
Leder for us and your pittianers shall pray. 

James Daves, senior, Christephor Husey, 

Thomas Mastine, John Woden, 

Moses Cox, William Mastine, Sen., 

Robart Tuck, William Marsten, Jun., 

James Daves, Jun., Thomas Lovet, 

Edmund Jonson, Anthony Taylor, 

Richard Swayne, William Huntington, 

William San borne, Geyles Fullar, 

Will. Fifield, Steven Sanborn, 

Thomas Jons, • John Daves, 

John Hugins, John Sanborn, 

Francis Swayne, Aquilia Chase, 

Jeffrey Mingey, Richard Knight, 

Nicholas Swayne, Edward Tucke. 

John Browne, 

Upon hearing of both sides being 16 or 17 witnisses on the 
complainant's pte. we found that the greater pte. of the trayned 
band was much prejudiced ag' their Officer that lead them, who 



1643.] FROM MASSACHUSETTS RECORDS. 1G7 

gave satisfactorie answers to all the matcriall things that were 
objected, yet if the Court please to desire Capten Dcnison to 
exercise them some time with their new officer, whereby wo 
hope after a while their spirits may close again. 



May 8th. 

" Pascatt. May the 8th 1043. Francis Williams &c. Power 
of Attorney, 1G43." 

We the Inhabitants of the Lower end of Pascataquack, have 
constituted and appointed Mr. James Parker,* our dear & much 
respected friend to be our Deputy to attend the service of the 
Generall Courte & and there to continue until the sayde Court 
is ended or Lawful dismission from the same, for & in the be- 
halfe of the Inhabitants aforesaid, because in the state we now 
stand we know not whether any of us may be admitted to a 
Deputy in the General Courte, therefore we humbly intreat 
that for this time Mr James Parker, notwithstending his func- 
tion and i-elation to us, may manage our affairs at the Generall 
Courte. In the name of the Inhabitants. 

Francis Williams, 
Thomas Wannerton. 



May 10. 

A Generall Court of Elections held at Boston the 10th day 
of the 3rd mo. 1043. 

It is ordered That Mr Deputy, Mr Saltonstall, Mr Brad- 
streete, Mr Symons, or any two of them should go, & keepe 

*Winth., vol. 2, p. 111. "Those of the lower part of Pascataquack 
invited one Mr. James Parker, of Weymouth, a godly man and a scholar, 
one who had been many years a deputy for the public court, to be their 
minister. He, by advice of divers of the magistrates and elders, accepted 
the call, and went and taught among them this winter [1642. 10], and it 
pleased God to give great success to his labors, so as above 40 of them, 
whereof the most had been very profane, and some of them professed ene- 
mies to the way of our churches, wrote to the magistrates and elders, 
acknowledging the sinful course they had lived in, and bewailing the 
same, and earnestly desiring that Mr. Parker might be settled amongst 
them. Most of them fell back again in time — embracing this present 
world." 



168 PROVINCE PAPERS. [1643. 

Court at Pascataque. Mr Williams, Capt. Wiggen & Mr 
George Smyth to assist them & to be Commissioners there, & 
Capt. Wiggen's authority is appointed to extend to Hampton 
as before. 

The forenamed Commissioners have liberty to keep Courts 
for small causes as before. 

And two bigger Courts are to be keept there the one be- 
tween the English and Indian harvest and the other in the 
Spring. 

The gentlemen that keep Court at Pascataque are desired to 
view the ground in question, & see if they can compose & settle 
things between Dover & Strawberry bank, & if they cannot, 
to certify the Court how they find things. C. R., p. 29. 

2, p. 37. May 10. 

Mr Wheelright had safe conduct granted & liberty to stay 
14 dayes, so it bee within 3 months next ensuing. 

Exetter petition was answered being it fell within our pa- 
tent, the Court took it ill they should Capitulate with them. 
C. R., p. 29. 

[The petition above mentioned is not on file. A fragment, 
however, remains, containing the following names: Tho. Rash- 
leyghe, Rich. Bullgar, William Wenbourne, Thomas Wardell, 
Samewell Walker, Christopher Lawson, John Legat, Henry 
Roby, William Cole, Thomas Pettit, Robart Smith, John Cram, 
Rob. , Abraham Drake, William .] 



P. 14. 

i*or the eetlinge of the Rightes & Bounds of Dover, these 
things are presented to consideration. 

Ist. Swamscoate patent hath but one of y* Lords of y® 
Counsell his hande set to it whereas y* other Patent hath the 
handes of all y* Lords. 

2. The Patent of y* Massachusets is of elder date then these 
Patents, as was confessed by Capt. Wiggen in y* Courte. 

3. In case y* Patents were equall jet the end of them being 
to plant y* English nation, there is no reason that by occasion 
of them any of them should be planted or put to pay rent. 



1643.] FROM MASSACHUSETTS RECORDS. 169 

4. Dover is taken under the government of y" Massachusetts, 
as falling within y^ extent of their Patent which is (as above 
said) more ancient then the other Patents. 

5. Dover in their cominge under y* government of y* Massa- 
chusetts had y" grant of y" same Liberties which other townes 
in y® Jurisdiction have, and therefore have y* Liberty of 
havinge a Towneshippo as other Townes have. 

6. The Court in their aggreement with y* Patentees al- 
lowed them noe Grant, but whereas they reserved to them- 
selves such and such portions of land y* Court only promised 
to maintaine their just Rightes. 

7. In another Act of y* Court it was concluded that in case 
y* Patentees would not accommodate y® Inhabitants with land 
y^ Courte would hold themselves freed from ingagement of 
any Covenant made with them. 

[The above is copied from a paper in the hand-writing of 
Gov. Wentworth, and is without date.] 



May 10th. 

The whole plantation within this jurisdiction is divided into 
four shires, to wit, Essex, Middlesex, Suffolk, and Norfolk, 
[which latter contains] Salsberry, Hampton, Haverill, Exetter, 
Strawberry banke. C. R., p. 30, vol. 2. 

7th day of 7th mo. 

Warrant was ordered to bee sent to Dover to redresse their 
two mistakes of sending a new deputy & sending an imperfect 
number of males from 16 year ould to 60 years. 

Edward Starbuck is fined for 3 weeks absence 40s. It was 
ordered that an admonition should be sent to Dover for send- 
ing a new deputy without leave, or new summons, & not al- 
lowing meanes to the former deputy, whereby he was hindered 
from comeing. 

John Saunders for his mutines and offensive speeches is 
fined £5 & enjoined to acknowledge his fault at Hampton. 
C. Rec, vol. 2, p. 32. 



170 PROVINCE PAPERS. [1G43. 

Exeter Petition. 

To the Right Worshipful, the Governor, the Deputie Gov- 
ernor and the Magistrates with the assistance and deputyes of 
this honored Courte at present assembled in Boston. 

The humble petition of the inhabitants of Exeter who do 
humbly request that this honored Court would be pleased to 
appoint the bounds of our Towne to be layed out to us, both 
towards Hampton & also downe the Eiver on that side which 
Capt. Wiggons his farm is on, for he doth Clame all the land 
from the towne downwards, on the one side, & Hampton on 
the other side doth clame to be neere us, that we shall not be 
able to subsist to be a Towne except this honored Court be 
pleased to releeve us. And we suppose that Capt. AYiggens 
his farme and a good way below it, may well be laid within 
our Township if this honored Court so please. 

Also we do humbly crave that the Court would be pleased 
to grant that we may still peaceably enjoy thouse small quan- 
titie of meddows, which are at Lamperell River that Dover 
men now seeme to lay clame to, notwithstanding they know 
we long since purchased them & allso quietly possest them 
with their consent. 

Likewise we do humbly request that this honored Court 
would be pleased to establish three men among us to put on 
Ishew to small differences amongst us, & one to be a Clarke of 
the writes, that so we might not be so troblesom to the Courts 
for every small matter. The three men which we desire 
the ending of Controversies are Anthony Staniean, Samuel 
Greenifeld & James Wall, & we do desire that John Legat may 
be the Clarke of the writes. Thus leaving our petition to 
your Judicious Consideration & yourselves to the Lord, we rest 
and remaine ever ready to do you our best service. 

Samuell -{- Greenfield Henry Robie 

Anthony Stanyan Richard Carter 

Thomas Wight William M- 



Nathaniel Boulter James Wall 

John ) Tedd Humphrey Willson 

Robert Hethersay Ralph Hall 

John Legat John X Bursley 



1643.] FROM MASSACHUSETTS RECORDS. Ill 

Abraham Drake Francis Swaino 

Thomas § Joanes John Davis 

Nichokis Swaino Ballthazer Willis 

Thomas f King John Smart. 

In answer to this petition woe conccevo it mecte that the 3 
men mentioned therein shall bo authorized according to their 
request & a committee appointed to lay out their bounds next 
to Hampton & so round about them; provided there is no in- 
trenching on the bounds of the Pattent of y* Loi-ds & gent, 
menconed in the pattent of Swampscoat or any grants former- 
ly made to Dover by this Court, & that John Legat be Clarke 
of the writts there. The deputies desire our honored magis- 
trates concurrence herein. 

Edward Kawsox. 

The magistrates doe consent herein & doe nominate Mr 
Samuel Dudley, Mr Eawson, Mr Carleton, a committee for the 
laying out the bounds, & if the Deputies shall approve of them. 
Jo. WiNTHROP Gov. 

Consented to by the Deputies, 

Edward Rawson. 
[The foregoing petition has no date except 12 (3), which is 
May 12 .] 

Sept. 7th. 

Whereas Excetter is found to be within our patent, upon 
their petition they were receeved under our government, and 
Mr Willi Paine, Mathow Boyes & John Saunders are ap- 
pointed to settle the bounds between Hampton and Excetter 
within two mouths. 

Willi. Wenborne is chosen clarke of the writts at Excetter. 
Willi. Wenborne, Robt. Smyth & Thom. Wardall are to end 
small businesses at Excetter. 

It is ordered that till the next Gen^all Court, & till the court 

taken further order, Excetter ' . ' shalbee tr3^ed at Ips- 
' occasions *' ^ 

"wich. 

II, p. 45. 

Willi. Pomfret is appointed in Edw** Colcots place to assist 
in ending small causes at Dover. 



172 PROVINCE PAPERS. [1643. 

Sept. 19. 

Whereas it appears to this court that the commissioners 
appointed to lay out the bounds between Dover & Strawberry 
banke did not consider the said Strawberry bank as a towne, 
nor soe exactly viewed the land on that side the ryver as was 
needfull & thereupon laid out certain lands to Dover, which is 
most convenient for Straw^berry bank, & some lands to Straw- 
berry bank which is most convenient for Dover, so acknowl- 
edged to bee by one of the said Commissioners in this present 
court. 

It is therefore finally ordered that all the marsh and 
meadow ground lying against the great bay on Strawberry 
bank side shall belong to the towne of Dover together with 
400 acres of up land gx'ound adjoyning & lying nere to the said 
meadow to bee layd out in such a forme as may be convenient 
for the improving & fenceing in of the said meadow, the re- 
mainder of the said ground to belong to Strawberry bank, 
reserving the due right to every one that hath propi"iet3'e8 in 
the same. 

Willi. Estow is appointed in the room of John Crosse to as- 
sist in ending small causes at Hampton. 

Strawberry bank is granted Mr Knowles his purchase, pay- 
ing the £30 to the courts satisfaction. P. 35, C. K. 

17 October, 1648. P. 50. 

Mr John Wheelright is granted a safe conduct if hee shall 
desire it, to come to the next court. 

7 March 1643-4. P. 62. 

Anthony Em'y, of Dover, his petition is referred to the next 
court at Dover & hee is alowd liberty to draw out his wine in 
the meane time. 



March 7, 1644. 

Strawberry bank is granted to have a barrell of powder 
paying for it in dry fish, & Dover is to do for the barrell grant- 
ed formerly to Northam. 

It was declared that the former commission to the gentle- 
men appointed to keep court at Pascataque is of force still & 



1643.] FROM MASSACHUSETTS RECORDS. 173 

those gentlemen were desired & Mr Bellingham with them, 
that they or some two of them would repair thither Avith all 
convenient speed to keep court there, & it is desired that Mr 
Bellingham & Mr Saltonstall would perform it this time. C. 
Eec, vol. 2, p. 44, 45. 



Upon heai'ing the difference of a considerable part of the 
train band in Hampton & their now Lieut. Willi. Ilaward, the 
court not finding any just cause to remove him out of that 
office, 3'et u2)on his desire, & our care for reconciling brethren 
& for the furtherance of the service intended, this court doth 
order that Capt. Denison shall have liberty and power to ex- 
ercise the said company, when he shall be desired, yet so as 
Lieut. Ilaward shall not be excluded, & we do require & shall 
expect that the company will cheerfully attend that service 
under the command of them both in such manner as they both 
shall both see cause to order it. C. Ilec, p. 45. 

Dover petition &c. the gentlemen who are desired to keep 
the court at Pascataque are desired to view & examine the 
complaint & to certify the next court, C Rec, p. 46, 47. 



The 29th of the 3d mo. a 1644. 

At a General Court of election held at Boston. 

Mr Bellingham, Mr Saltonstall & Mr Symonds are appointed 
a committee, & have full power to heer & determine all busi- 
nesses at Hampton both about their differences, offences & a 
new plantation according to their several petitions. C. Hec, 
p. 51. 

Whereas it appears to this court that some of the inhabi- 
tants of Excettcr do intend shortly to gather a church Sc call 
Mr Bachiler to be their minister, & forasmuch as the divisions 
& contentions which are among the inhabitants there ai*e 
judged by this court to bo such as for the present they cannot 
comfortably & with approbation proceed in so weighty & sacred 
affairs. It is therefore ordered that direction shall be fourth- 



174 PROVINCE PAPERS. [1644. 

■with sent to the said inhabitants to deferr the gathering of any 
church or other such proceeding, until this court or the court 
at Ipswich (upon further satisfaction of their reconciliation & 
fitness) shall give allowance thereunto. C Rec, p. 52. 

29 May 1644. Vol. 2, p. 67. 

It is ordered, that Mr Wheelright (upon a particular, solemn 
& serious acknowledment & confession by letters, of his evill 
carriages, & of the courts justice upon him for them) hath his 
banishment taken of, & is received in as a member of the 
comon wealth. 

May 29. C. Eec. 2, p. 73. 

Passaconaway and his sonnes offering and desiring to come 
under this government, according to such articles as Cutsham- 
ache & others have formerly been accepted, they were accept- 
ed, & he & one of his sonnes subscribed the articles, & he un- 
dertooke for the other. 

June 12, 1644. 

By order of the last General Court wee underwritten were 
appointed to heare & (determine) examine the case concerning 
a certain quantity of land in question between the town of 
Dover one the one side, & the inhabitants of Strawberry banke. 
In which case having spent much time, & given a free & full 
hearing to the parties aforesaid, we find as followeth : 

1. That the inhabitants of Strawberry banke do affirme they 
cannot make a towne without the land in question. Also on 
the other side it is aflSrmed by the church & towne of Dover, 
that they cannot continue & subsist, as a church or towne 
without the land in question, so that this argument taken 
from the necessity of having & enjoying the land in question 
lieth equall & in common to them both ; under this head many 
things were pleaded which wee cannot ground upon, unless 
we had viewed the bounds belonging both to Strawberry 
banke & Dover. 

Secondly, we find it the earnest desire of the inhabitants 
settled upon the land in question, that they may belong to 
Dover, in which desire of the inhabitants aforesaid there are 
two things considerable, Ist that their aceesse to the ordinan- 



1644.] FROM MASSACHUSETTS RECORDS. 175 

ces at Dover is much more easy and convenient then at the 
other place; 2dly that many of the inhabitants aforesaid are 
now members of the church at Dover. 

Thirdly, we find that the land in question hath been a long 
time planted & possessed by Dover without any interruption 
or opposition made against them, excepting only what was 
done by Capt. Neale, whose proceedings therein were illegall & 
injurious as is affirmed by Capt. Wiggcns. 

4. Fourthly the inhabitants of Dover do pleade that the 
lands in question ought not to be taken from them by the Gen- 
erall Court, being theirs by purchase of the Indians, & posses- 
sion as aforesaid, & because in the articles of their submission 
to this government (they say) their right in this & other cases 
is expressly reserved. 

Rich. Bellingham, 
EiCH. Saltonstall. 

12th 4th 1644. 

It was ordered that this returne of the commissioners be 
entered & that the land in question between Dover & Straw- 
berry bank be layd to Dover. C. Rec., p. 55. 

11 June, 1644. Vol. 3, p. 7. 

It is ordered, that in answer to the petition of Cristopher 
Hussie, & 18 others of the inhabitants of Hampton, that Mr 
Bellingham, Mr Saltonstall & Mr Broadstreete are a comittee 
chosen to examine & to judge of the differences between the 
inhabitants of Hampton. The same answer is likewise given 
to two other peticons from y" inhabitants of y^ same towne 
uppon y* same differences. 

Vol. 3, p. 8. 

It is ordered, in answer to Lifte**^ Howards peticon, that his 
charges alowed him, to bee pd him by the towne of Hampton, 
bee forborne untill the foregoing comittee of magistrates doe 
end the differences betweene the inhabitants of the said towne. 

It is ordered, in answer to the peticon of the towne of Exe- 
ter, that Sam'll Greenefield is denyed to drawe wine until the 
Courte have more full & sattisfactory information of him; as 
alsoe that it is not thought meete that Rich. iJullgar should be 



176 ■ PROVINCE PAPERS. [1644, 

there liften** until further information be given to this Courto 
of the said Bullgar, in the meane time hee to exercise the 
trayne band as tiiere sergeant. 



Bloody Point Petition. 

To the Bight worshipful Governor & the worshipful Assistants of 
Massachusetts. 

The humble petition of the inhabitants of Bloody po^^nt in 
the river Piscataway. Humbly shewing unto your good wor- 
ships that your petitioners the inhabitants of Bloody poynt 
being as they are informed ordered to be within the Township 
of Strawberry bank, which was done altogether against our 
consent we ever having been within the township of Dover & 
in combination with them at our entrance under your govern- 
ment, & had promise from you to enjoy all lawful! Libertyes of 
felling timber & the like, which your petitioners are debarred 
of, which is upon record in your books, & have been formerly 
to their great loss & damage. Alsoe your petitioners fur- 
ther shew unto your good worshipps that Strawberry bank 
lyeth 4 myles from them or thereabouts whereby they are all 
debarred from hearing the word by reason of the tides falling 
out that we cannot goe but once a fortnight, & then can stay 
but part of the day, which will rather be a day of toyle & 
labour than rest unto the Lord & yet must be forced to pay 
for the maintenance of their minister. And sithence the Court 
they have layd out to themselves 50 or 100 or 200 acres [apiece] 
round about us penning us up & denying us falling of any 
timber without their leave and making every one that will 
have of the said land to pay .50s for a hundred acres & so after 
the rate for more or less, they being some 14 or 15 familyes 
living remote from one another scatering upon the River 2 
miles & 4, 5 or 6 myle from us yet have taken to themselves 
all our best land adjoining to us. 

Humbly beseching your good worshipps to be pleased to 
take our case in your pious considerations & to take some 
order for us that we may enjoy our former libertyes & continue 
in the same township we were of, & that the order of Court 



1C44.] FROM MASSACHUSETTS RECORDS. 177 

may bo confirmod, which was that our Neck shall be in Dover 
townc otherwise we shall be forced to remove, which will be 
to our undoing being 12 poor familyes. And your poor peti- 
tioners shall be bound to pray for your Worshipps &c. 
The names of the inhabitants that agree to this petition. 

The mark of James J Johnson. 

The mark of § Thomas Canning. 
" The mark of f Henry Langstaffe. 

The mark of \ Thomas Furseu. 

John Fayes. 

The mark of 1| William Frayser? 

Oliver Trimings, 

William Jones, 

Philip Lewis, 

Thomas Trickey, 

John Goddard, 

Eadiric ? 

[The preceding petition has no date. His. Mem. No. 34, 
A. H. Q.] 



June 28. 

It is ordered that Mr Francis Williams, Mr Funnell & Mr 
Willi Sherbon shall end small causes at Strawberry banke. 
C. Eec, p. 54. 

It is ordered that one court shall be kept at Pascataque in 
the year ensuing, that Mr Bellingham, Mr Saltonstall & Mr 
Symonds or any two of them are specially appointed thereto 
(not excluding any other of the magistrates that may and will 
attend the same) that courte be kept at such time & place as 
the sd ma'trats or some of them shall appoint. 

30 October 1G44. Vol. 2, p. 79. 

It is ordered that Mr Samuel Dudley, Mr Carlton & Mr John 
Saunders of Salsberry shalbe comissioners to here & examine 
all matters concerning Mr Bachiler & Hampton, & they have 
power to examine witnesses upon oath, whereby they may 
returne the truth of the case to the next Generall Court of 
election. 

12 



178 PROVINCE PAPERS. [1645. 

13 November, 1644. Vol. 2, p. 89. 

It is agreed that for an equall distribution to each towne of 
Mr Andrews gift, the twelve townes which have had nothing 

should have five pound a peece or a cow, & then all to 

have 5£ or a cowe before Roxberry have any, in the order fol- 
lowing — Salsberry — &c Hampton. 

14 May 1645. Vol. 2, p. 98. 

Philemon Dalton hath authority to see people marry at 
Hampton. 

Vol. 2, p. 102. 

It is ordered that the Treasurer should pay John Rosse, due 
for ferrige of the magistrates to Dover, & demand the one halfe 
of the Treasurer of Dover. 

Vol. 2, p. 103. 

Antho. Staniard, Robt. Smyth & John Legatt are appointed 
to end small businesses atExcetter. 

Vol. 2, p. 110. 

Mr Bradstreete & Mr Symonds are appointed to keepe 
courts at Dover for the year ensuing. Capt Wiggin, Mr Wil- 
liams & Mr Smyth are appointed associates with them. 



29 May, 1645. 

To the honored court now assembled at Boston. 

The humble petition of the inhabitants of Exeter, Humbly 
requesting that this honor'd Court would be pleased not to 
give any grante of the lands & meddows (which lye neere our 
towne of Exeter & which we have personally enjoyed untill of 
late, ever since we were a plantation) unto the town of Dover 
or on the other side unto the town of Hampton, untill such 
time as our tytle unto them be either agetated with the said 
townes or that we have a legall tryall with them for the saj'd 
lands, & that we may then have the bounds of our towne layd 
out unto us as our right and tytle shall be found. 

2dly. Your petitioners do humbly request that this honored 
court would be pleased to depute for us 3 of these 4 men, 



1645.] FROM MASSACHUSETTS RECORDS. 179 

which wo do here nomenate for the ending of small deferances 
under twenty shillings : the men which wo desire are thcis, viz., 
Anthony Staniean, Samuel Greenfield, Robert Smith & John 
Legat or any three of them as the court ^hall think meet. 
We do likewise humbly request that eTohn Legat may be es- 
tablished dark of the Avrites ; and these things wo desire and 
humbly request for this end that we may not for every small 
matter be troblesora to the court or to ourselves more then 
Necessitie doth require. Thus leaving ourselves with the Lord 
& with you we rest this 29th of the third mo. 1645. 

William Moore, 

Robert Booth, 

Anthony Stanyan, 

John Legat, 

Godpherey f Dereborn his mark, 

Humpherey Wilson, 

Nath. Boulter, 

Tho. Pettit, 

John X Bursley his marke, 

Abraham Drake, 

Henry Robie, 

Henry Elkings, 

Nicholas Swaine, 

Rich. Carter, 

Thomas — Jones his marke, 

Robert Smith, 

John J Cram his marke. 

May 29. 

In answer to this petition, none appearing to challendge 
any proprict}" in tho meadows within mentioned, tho house of 
deputyes think it not meet to meddle with it, but grant that 
John Legat be the Clarke of tho writts there & that Anthony 
Stanyan, Robert Smith & John Legat are appointed for tho 
ending of small causes under twenty shilling for tho next year 
at Exeter and desire our honored magistrates to concurre with 
them herein. 

Edward Eawson. 

The magistrates concurr herein. 

Tiio. Dudley, Gov. 



180 PROVINCE PAPERS. [1645. 

In regard there are no magistrates at Paseataqua, commis- 
sion is granted by this court to Capt. Wiggen & the other 
associates there, to see to the preservation of the peace &any 
two of them to Jaeere & determine small causes of a civil 
nature not exceeding £5 & such criminall offences as the law 
hath apj)ointed certain penalties for either by whipping, stocks 
or fines not exceeding 20s. reserving liberty for appeale. 
C. Rec, vol. 2, p. 22. 

18 June 1645. Vol. 3, p. 30. 

Mr Broodstreet & Mr Symonds are appointed to keepe 
Courts at Dover & Capt. Wyggyn, Mr Wms & Mr Smith are 
appointed associatts to asist therein. 

1 July, 1645. Vol. 3, p. 28. 

The proportions of each townes rate agreed upon by the 
comittee is as followeth — Hamptton — 10,00,00. 



Oct. 1. 

The Court considering the great charge of the country by 
the provision which is made for each member of this Court, 
that Strawberry banke & Dover having sent their deputies 
hither & being provided for with the rest for which they are 
yet behind & have not satisfied for, have appointed William 
Parks and Left. Atherton a committee to examine what they 
stand indebted to the country for their deputies diet these 4 or 
5 years past, & to certify the court thereof that so they may 
be presently sent to for it. C. Eec, vol. 2, p. 111. 

1 October 1645. Vol. 2, p. 136. 

The Court thought fit to write to Mr Williams, of Pascata- 
que, (understanding that the negroes which Capt Smyth 
brought were fraudulently & injuriously taken & brought from 
Ginny, by Capt Smith's confession, & the rest of the company) 
that he forthwith send y" neger which he had of Capt. Smyth 
hither, that he may be sent home, which the court doth re- 
solve to send back without delay, & if you have any thing to 



1646.] FROM MASSACHUSETTS RECORDS. 181 

aleadge why you ehould not returno him, to be disposed of by 
the court, it wilbe expected you should forthwith make it ap- 
pear, either by yoursclfe or your agent but not to make any 
excuse or delay in sending of him. 

7 October, 1G45. Yol. 3, p. 47. 

Itt is ordered, that Strawberry Banckc & Dover be sent to 
for what they stand indebted to the countr}^ for their deputies 
diett & Courte chardgcs, & course taken for it. 



At a Generall Coui't of elections begunno the Cth of May, 
1646. 

In answer to the petition of scverall inhabitants of Excetter. 
Itt is hereby ordered & granted that Anthony Stanian, Samuell 
Greenfield & James Walle are hereby authorized with full 
power to end small causes under twenty shillings according to 
lawe, & that Mr Samuel Dudley, Edward Eawson & Mr Edward 
Carleton are appointed a committee to lay out the bounds of 
Exeter next to Hampton & so round about them. Provided 
there be no intrenching on the bounds of the Pattent of the 
Lords & gent, menconed in the pattent of Swampscott or in 
any grant formerly made to Dover. By both. C. Eec, vol. 3, 
p. 66. 

6 May 1646. Vol. 3, p. 63. 

Mr Wm Waldron engaged himself, for his owne chardge, for 
this court & also when the accompt is perfected of what is dew 
to the country for the deputies of Dover's diett for severall 
courts past, that it shall be suddainly engadged for, & dis- 
chardged in marchantable pipe staves, either in the river or at 
Boston, at the currant price in either place at or before the 
last of July next, so as the courte issew out a warrant for the 
gathering up thereof amongst us. 

On conference with the Deputy of Dover & his motion on 
the behalf of the inhabitants of Piscataqua, the court conceives 
y* by y^ agreement with y« inhabitants of Piscataqua, no court 



182 PROVINCE PAPERS. [1646. 

is to be kept there otherwise then at Salem & Ipswich, which 
cannot be without one Magistrate, 2d]y that y* empost upon 
"wynes being a publick charge is not to be required of them 
but it is to goe to the defraying of their own chardges of court 
&c. By both. C. Rec, vol. 3, p. 70. 

Itt is ordered on y® request of the town of Dover that Mr 
George Smith shall be one of the three men authorized by this 
court for the ending of small matters, & that Dover hath the 
same power of recording sales of land as Ipswich hath, & that 
Wm Waldren be Eecorder there till the court take further 
order herein. By both. C. Rec, vol. 3, p. 70, 

In answer to the petition of the inhabitants of Dover, Mr 
Smith, Left. Pomfret & Jo. Hall are appointed to end small 
controversies there for this year & Mr Smith is appointed 
Clarke of the writs in the room of Mr Walderne. C. Rec, vol. 
3, p. 84. 



Hamjjton Petition. 
May 20, 1646. P. 26. 

To the Ilon'rd Gov'nor, magistrates & deputies for this General 

Court. 

The humble petition of the inhabitants of Hampton, 
Sheweth unto this Hon*^ Court that your petitioners were 
lately presented for not repayring & making good their high 
■wayes which your poor petitioners by reason of their poor 
estates & the greatness of the worke are not able to compasse 
or performe in any reasonable time, they judging the repayring 
one way will cost neere one hundred pounds, which your 
petitioners in most humble manner desire this honored court 
to releive them from as in the like cases it hath been accus- 
tomed and to remit your petitioners fine, and to give time for 
making good of the way, for they have laid out neere 10£ and 
very little scene &> your petitioners as in duty bound shall 

pray. 

William English, 

in the name of the towne. 



1646.] FROM MASSACHUSETTS RECORDS. 183 

Vol. 3, p. G6. 

In answer to the petition of Edward Colcord & John Moul- 
ton for reliefe against the uncquall stinting of the comons at 
Hampton, itts refei-red to Mr Sarauell Dudle}-, Edward llaw- 
son, Mr Wm Payne & Mr Carlton, & they have power hereby 
to examine witnesses on oath, & search into all the distractions 
there, making report of what they shall doe or find in the 
premises to the next sitting of this court. By both. 

Vol. 8, p. 69. 

It is ordered on the request of the towne of Dover, that Mr 
George Smith shall be one of the three men authorized by this 
courte for the ending of smale matters & that Dover hath the 
same power of recording sales of lai;d as Ipswich hath, & that 
Wm Waldron be recorder there till the courte take further 
order herein. By both. 

20 (3) '46. The magistrates being unacquainted with the 
matter of this petition doe desire the deputies will consider of 
it first, & return their thoughts about it. 

John Winthrop, Gov. 

May 20, 1646. 

In answer to the petition of Hampton, Mr Walderne and 
Leift. Hayward are appointed to view the neerest and best 
way from Dover for Salisbury that may be with the least 
charge through the woods, or else, & to informe the Committee 
that is appointed to examine the difference at Hampton that 
so they making return thereof to the next sitting of this Court, 
the Court may be provided to give a just answer, and their 
fine is remitted that was imposed by the Court at Ipswich for 
their defect about their high way. C. Rec, vol. 2, p. 126. 



Petition of the Inhabitants of Dover, &c. 

To the honor'd Gov'nor, Magistrates & Deputyes for this Generall 

Courte. 

The humble petition of the inhabitants of Dover & other in- 
habitants on the river Pascataquack, sheweth 

That your petition" Coming under the Gov'ment of the 



184 PROVINCE PAPERS. [1646. 

Massachusetts it was agreed they should have the same liber- 
tyes of keeping of Court as Ipswich & Salem & that they shall 
pay no rates but what ariseth for and among themselves, as 
alsoe in pticular nominated to try any account under one hun- 
dred pounds & have power to punish all offenders except for 
life, Lymme, or banishment. And your peticoners with one 
consent declare that at the same time it was agreed that your 
petitioners should not any of them be arrested or attached for 
any debt or debts under the value of £100 to be forced to 
travayle any further than their own Courts, at which time noe 
act. could be brought against any but where the defendant 
lived. Further j^our petitioners are to defray all their own 
charges of keeping the Courts both for Magistrates, Commis- 
sioners & Jurors, yet nevertheless j'our petitioners have had 
warrants served upon them to appear at Boston about selling 
of wine, & have been arrested divers times for small somes & 
been forced to travayle as far as Boston Salem & Ipswich for 
a debt of tenn shilUngs which is & hath been great trouble to 
your petitioners. 

May it please this honored Court to take your petitioners 
Case into your consideration & according to the premises 
that your petitioners may have a sett time appoyuted for 
keeping of Court or Courts yearly & that some order be taken 
that they be not forced to travayle GO myles for a matter of 
no great value, & that we may enjoy our lawfull Libei-tyes, 
your pet. as in duty are bound so shall ever to pray &c. 

Capt. Keayne is chosen to conferre with our honored Magis- 
trates about this petition with Mr Waldren. 

Edward Eawson. 

May 22. 

In answer to the petition about Pascataqua, It is ordered 
that the two Courts of Pascataque should bee kept yearly at 
Dover one on the 4th of the last weake in y*' 2d mo. & y® other 
on the 4th day of the fii'st weeke in the 8th month by any one 
or two of the magistrates & such Commissioners or any one of 
them as shall from time [to time] be appointed by this Court, 
& if this Court will not order what magistrates will attend y*" 
service, the Court of Assistants (or in default) the Governor 



1646.] FROM MASSACHUSETTS RECORDS. 185 

may design them for the Court next to ensue, & it is hereby- 
declared that the inhabitants of IMscataque have no otlior 
liberteis concerning trj'alls & suits in law than the inhab- 
itants of Salem, & others of other partes of this jurisdiction 
have, & that noe Courte bo kept without one magistrate, «& it 
is ordered that for this present yeare Mr ]5ellingham, Mr Sal- 
tonstall or one of them are appointed for keeping y® Courte in 
the 8 mo. next, & another Courte sometime before, when 
themselves think it meete & Capt. Wiggcn, Mr Smith & Am- 
brose Gibons are appointed Commissioners to assist in the 
Courts for this yeare. 

William Waldren is nominated for recorder at Dover, till the 
Courte shall take further order. It is ordered that Mr George 
Smith shall bo one of the three men to end small causes under 
20s at Dover. C. Eec, vol. 2, p. 120. 



Dover Petition. 

To the Honored Court of Magistrates & deputyes. 
The humble petition of the inhabitants of Dover is, that Mr 
George Smyth may be voted for one of the three men ap- 
poynted to end small causes under 20s. 

And alsoe that you will make an act for the recording of 
sale of lands at Dover as it is at Ipswich & soe a transcript as 
is ordered by Court to be sent to Boston & to appoynt a Re- 
corder. 

William Waldern, 

in behalfe of the Towno. 

The house of deputies have passed this bill & and nominated 
Wm Waldern as liecorder there till the Court shall take fur- 
ther order, with reference to our honored magistrates concur- 
rence herein. 

Edward Rawson. 

Consented to by the Magistrates. 

John Winthrop, Gov. 
22 (3) '46. 



186 PROVINCE PAPERS. [1646. 

Nov. 4. 

It is ordered that Hampton should be allowed £5 out of the 
next Countery rate, so as they make a sufficient carte & horse 
way over the great marsh suddainly. Mr George Smith is 
alowed Clarke of the writs in the place of Mr. Waldrene. 

4 November 1646. Vol. 3, p. 82. 

In answer to the petition of Hichard Waldern for a disposall 
of all publicke & private writings that were in the hands of 
Wm Walderne, late recorder of Dover, deceased, itt is ordered 
that Mr George Smith & Mr Edward Starbucke shallbe a com- 
ittee to survey the bookes & writings that were in the hands 
of the said Wm Walderne & to give to every one that which 
belongs to them, & such publicke writings as belong to the 
courte at Piscataqua, or any parte of this jurisdicticm to re- 
serve in safety till further order from this courte. By both 
houses. 

Vol. 3, p. <S3. 

In answer to the petition of the inhabitants of Dover, Mr. 
Smith, Left. Pomfret & Jo. Hall are appointed the three men to 
end smale controversies there for this year, & Mr Smith is ap- 
pointed clarke of the writts, in the room of Mr Walderne. 

Mr. George Smith & Edw*^ Starbuck are appointed to survey 
the writings which were in the custody of Mr. Walderne & to 
give to every one what belongs to them, & such publick reg- 
isters as belong to the Courts at Pascataque or any part of this 
Jurisdiction to reserve for further order from this Court. C. 
Eec, vol. 2, p. 144. 

Upon consideration of the petition exhibited to this Court 
by the inhabitants of Dover & Strawberry banke & the grant 
made by y^ assignes of the lords & gentlemen patentees there, 
& the agreement made between this Courte & the said inhabi- 
tants, It is ordered that this Courte will (upon the first oppor- 
tunity) confer with Mr. Whiting & other of the said assignees 
about reasonable accommodation to be alowed to the said in- 
habitants, & and if the said assignes will not accord with us 
therein this Courte will resigne whatsoever the said assignes 



1647.] FROM MASSACHUSETTS RECORDS. 187 

have granted to us, & will hold ourselves discharged of any 
engagement thereupon, for which they granted us the Gov'- 
mcnt of the people, it was intended tlie people must have 
sufficient land to live upon, otherwise there can be no people, 
& consequently no government, and so y® grant voyd, & y' a 
Coppy of this order shall bo sent to Mr. Whiting, or some 
other of the assignee to y® end that they may be at y'^ next 
Generall Courte in the 3d mo. to give in their resolutions 
herein. 

As for the other part of their petition concerning freedome 
from being impleaded in other Courts of this Jurisdiction, this 
Court doth declare that the said inhabitants, (even by their 
own agreement) are bound to the generall laws & orders of 
this Jurisdiction in that point, as Salem & Ipswich are, never- 
theless the Court being sensible of the great burthen which 
ma}^ fall upon the inhabitants of the said llyver (if they shall 
be forced upon small occasions) to travel to Boston, or other 
Courts farre off. It is therefore ordered that none of the said 
inhabitants shall be compelled upon any originall proces to 
travell out of the limits of Norfolk to anser in any civill action 
for any cause whereof the originall debt or damage shall not 
truly exceed £100, nor shall any of the said inhabitants have 
liberty to call any person out of any other limits to answer in 
any like action in any Court to be holden in Norfolke under the 
same value: Provided always that if any person shall be at- 
tached to answer &c. such person shall be bound to answer &c. 
in the Courte of that limits where such person shall be so at- 
tached. C. Eec, vol. 2, p. 153, 



May 20, 1647. 

A generall Courte of election the 2Gth of the 3d mo. 1047. 

Anthony Stanyan is chosen Clarke of the writts at Excetter. 
C. Eec, vol. 2, p. 162. 

Vol. 2, p. 192. 

The Courte hath appointed Antho. Staniell to lay out the 
way from Haverell to Excetter. 



188 PROVINCE PAPERS. [1647. 

Upon the petition of the inhabitants of Excetter the Court 
granted that sergeant Thomas Pettet as their principal oflScer 
for the present hath power to exercise the Company according 
to Law. C. Rec, vol. 2, p. 1G3. 

26 May, 1647. Vol. 3, p. 109. 

In answer to the petition of Isaacke Boswell for the deliv- 
ery of a stray heifer, at Hampton, to him who lost one, & 
none appearing to challeng such stray, the Courte graunts his 
request, so as he enter caution to answer all engagements to 
the true owner, if any other shall appeare to be so, & answer 
the chardge of the beast at Hampton. By both. 

June 4. 

Upon the petition of the inhabitants of Dover it is ordered 
that Mr Bellingham & Mr Bradstreete shall keep Courte at 
Piscataque for this year, & if either of them shall faill through 
any unexpected providence, the Governor & Deputy Governor 
& one of the magistrates shall appoint some other in their 
place. C. Eec, vol. 2, p. 167. 

Upon the petition of the town of Dover the Court doth 
grant Commission to Mr Bellingham, Mr Saltonstall & 2 or 3 
more of the neerest &c. together with Capt. Wiggan, Mr 
George Smith & 3Ir. Ambrose Gibbens to keepe Courte at Pas- 
cataque when they or any 2 of the magistrates see fit, & that 
any three of them may keep Court so as one of them be a 
Magistrate, which shall be President. 

And further the inhabitants of Dover are granted exemp- 
tion from serving at the Generall Courte except it be at the 
Courte of election, & so long as that session shall continue, & 
their fine for not appearing is remitted. C. Eec, vol. 2, p. 188. 

27 October, 1647. Vol. 3, p. 120. 

In answer to the petition of Wm Ballew, Hateevill Nutter, 
Richard Parker, John Maning, Robt. Knight, Hugh Gunnison, 
Edmond Grenlefe, Tho Burton, Xtopher Lawson, Wm Furbur, 
Wm Bacon & John Butler, who desire, in pursuance of an 
order of the last Courte held at Dover, that all the creditors 
of Wm Walderne, deceased, should attend this Generall Courte, 



1648.] FROM MASSACHUSETTS RECORDS. 189 

for to make demand of their debts, & proclamation being booth 
made at Boston & Dover to that purpose wee desire wee maybe 
putt into some course how to come by the estate of the sd 
Wm Walderne to be divided amongst us proportionably ac- 
cording to our debts. 

Itt is ordered b}^ the authority of this Courte, that the es- 
tate of the said Wm Walderne be delivered into the hands of 
Capt. Wiggin & Edward Rawson, who are hereby authorized 
to call any befoi-e them that may give evidence concerning his 
estate, & where it lyeth, to administer oath for the full discov- 
ery & delivery thereof to them, & to examine all the bills & 
debts that shall any way by the petitioners be claymed as dew 
from the said Wm Walderne ; & what they shall find to be 
justly dew, to make an ciequall distribution of the said estate 
of the said Wm Walderne to the severall creditors, making 
retourne of what they shall doe herein, under their hands, to 
the next Gennei-all Courte ; provided the chardge of the Com- 
issionei's shallbe defrayed & borne by the estate before the 
division. By both. 

11 November, 16-47. Vol. 2, p. 225. 

Towne Marks agreed upon by the General Courte for Horses, 
ordered to be set upon one of the nere quartei's. S(trawber- 
rybanke). ]Sr(ortham). H(ampton). E(xiter). 



At a session of the Generall Courte the first month [March], 
1647 or 1648. 

Upon the petition of Norfolk, the Court doth think fitt that 
the shire town of Norfolke be referred to further considera- 
tion, & the magistrates to agree some of themselves to keep 
Courte, as is desired, and that they have liberty to choose gen- 
tlemen of worth in or out of their shire for associates, & that 
they be not called out of their shire for generall training there : 
Provided they traine 8 times a yeare according to law, & be 
under the command of the serjeant major of Essex to generall 
trainings in their shire, or otherwise in times of danger. 

It is ordered that the first Court in Norfolk shall be kept 
the last third day of the 2d mo. at Salsberry, & to have the 



190 PROVINCE PAPERS. [1648. 

same magistrates that keepe Court at Dover, & in the mean 
while liberty to choose their Commissioners, & to take their 
oathes before the same magistrates, C. Rqc, vol. 2, p. 193. 

Upon the petition of the inhabitants of Excetter for their 
rate & head money to be forborne & that no act might passe 
to any of Dover for land at Lamprill ryver, the Court doth 
not thinke meete to grante the first of these requests but deny, 
& conceive meete they should forthwith send in their rates to 
the Treasurer, for the second request the Court will be tender.* 
C. Kec, vol 2, p. 199. 

At the request of the County of Norfolk, It is ordered that 
the constant dayes for the keeping their County Courts from 
henceforth in Salsberry from yeare to yeare shall begin the 
second Tuesday in April, & at Hampton yearly the first third 
day in October. 

10 May, 1648. Vol. 2, p. 242. 

Mr. Samu. Dudley, Capt. Wiggen, and Eobt. Clements, have 
comission to keepe Courte in that County, according to order 
of Courte, & Mr Dudley hath comission to give oath to the 3 
comissioners for small causes in the severall townes in the said 
County af Norfolk. 

It is ordered that the same magistrates that keepe Courte at 
Dover should be desired to keep Courte at Salsberry & Hamp- 
ton this year ensuing. 

18 October, 1648. Vol. 2, p. 258. 

It is ordered, that John Webster should have order to the 
marshall to demand, & if not satisfied to levy, five pound four 
shillings of the inhabitants of Pascataque Eyver. 

In answer to the petition of Eobt. Saltingstall, the Court 
allows him libtie to sue for his land as he desires, and if Dover 
have damnified him, he may sue for recompense; for except 

* 1648. " The ■wife of one Willip of Exeter was found in the river dead, 
her neck broken, her tongue black and swollen out of her mouth, and 
the blood settled in her face, the privy parts swollen, etc., as if she had 
been much abused, etc." "Winth., 2, p. 398. 



1648.] FROM MASSACHUSETTS KECORDS. 191 

he had mentioned the order of this Court in his prejudice, wo 
cannot take notice of any ; for the writing he spealcos of in 
David Sellacks hand, if he will not produce the petition, may 
compel him to it by course of law, & when it is produced the 
Court will consider of it. 

27 October, 1648. Vol. 8, p. 140. 

Job. Webster, Constable at Strabery Banko presenting a 
bill of charges for the cariage of Henry Taylor to the prison 
at Boston to the vallew of 511, 4s, 0, as by particulars in the 
said bill appeares for the satisfaction of whom it was ordered, 
that the secritary should give warrant to the raarshall of Pas- 
cataque to levie the same out of the estate of the said Taylor; 
& if Taylor hath not sufficient, &c, then the said warrent to be 
to require it of the inhabitants of Pascataque, & for non pay- 
ment to levie the same. 



October 18, 1648. 

This Court being informed of great misdomeanor Commit- 
ted by Edward Starbuck of Dover with profession of Anabap- 
tism, for which he is to be proceeded against at the next Court 
of Assistants if evidence can be prepared by that time, & it 
being very farre for witnesses to travill to Boston at that 
season of the year, It is therefore ordered by this Court that 
the Secretary shall give Commission to Capt. Thomas Wiggan 
& Mr Edw. Smyth to send for such persons as they shall have 
notice of, which are able to testify in the s"^ Cause, & to take 
their testimony uppon oath & certifie the same to the Secritary 
80 soone as may be that further proceedings may be therein if 
the cause shall so require. By both.* C. Eec, vol. 3, p. 151. 

* " This year the wearing of long hair was condemned, as sinful. The 
Governor, Deputy Governor, and Magistrates entered into an association 
to prevent the growing evil. ' Forasmuch as the wearing of long hair, 
after the manner of ruffians and barborous Indians, has begun to invade 
New-England, contrary to the rule of God's word, which says it is a shame 
for a man to wear long hair, as also the commendable custom generally 
of all the godly of our nation, until within these few years : "VVe, the 
magistrates, who have subscribed this paper (for the showing of our inuo- 



192 PROVINCE PAPERS. [1649. 

In answer to the petition of the freemen of Exeter for lib- 
erty to choose a Constable & Commissioners to end small 
causes, the Court conceives there will be no need of such Com- 
missioner, Capt. Wiggan being chosen assistant & living so 
neere, but grant they shall have liberty to choose a Constable 
as is desired, provided the County Court approve of the person 
as being fit for the place : pr. curia. C. Eec, vol. 3, p. 2G2. 



2 May, 1649. Vol. 2, p. 266. 

At the request of the County of Norfolk it is ordered, that 
the constant dayes for keeping their County Courte from 
hencefoi'th, for Salsberrj^, from yeare to yeare, shall begin the 
second Tuesday in Aprill, & at Hampton yearely the first third 
day in October, & for this yeare, Eich*^ Bellingham Esq & Mr 
Sam'l Symonds shall keep Courtes there with Capt. Thomas 
Wiggen, Mr Samu. Dudley & Mr Robt. Clements, as associ- 
ates to joine with them. 



Strawhery Bancke, 20 Oct. 1651. 
To the honored Courte now holden at Boston. The humble petition 
of the Inhabitants of Strawbery Bancke. 

In all due Eespects humbly praye ; That where as wee , 
fynde your answer to a former made by some of your petition- 
ers in the yere 1641, that you accepted of the ordering & gov- 
erning the said petitioners by way of their petition, & by 
strecheing (jf y* Line, that Pascataquack is within your juris- 
diction, which if soe we are yours by streching of y* Line, that 
you would be pleased to give order for the Lying out our 

cency in this behalf) do declare and manifest our dislike and detestation 
against the wearing of such long hair, as against a thing uncivil and 
unmunh', whereby men do deform themselves, and offend sober and 
modest men, and do corrupt good manners : We do, therefore, earnestly 
entreat all the elders of this jurisdiction (as often as they shall see cause) 
to manifest their zeal against it in their public administrations, and to 
take care that the members of their respective churches be not defiled 
therewith,' etc." Ad. Ann., p. 34. 



1649.] FROM MASSACHUSETTS RECORDS. 193 

townshipe for want of which wee deeply suffer, & to confirme 
the same to us, with other the conditions formerly agreed on, 
& that likewise that we maye have here & at Dover two Courts 
every j-eare with two magistrates and their assistants whereof 
this Barer Mr Bryan Pendleton to bee one of the Assistants 
Chosen for this place; And whereas by reason of divers ship- 
ping & others coming into this harbour, as likewise some of 
our owne Inhabitants, several abuses are committed & noe 
Magistrate neere at hand to administer justice uppon the 
parteys soo offending, that before justice can be done many 
depart hence without punishment, & others suffer rather than 
seek soe farre for justice. Humbly praye that ]Mr Pendleton 
ma}' have more than ordinary power what other assistants 
have, for the rectifying & punishing such abuses to bee Com- 
mitted ; and lastly our desire is that whereas Mrs. Mason hath 
here an agent, who Lyeth Clayme to some of those lands wee 
Inhabitt, in the behalfe of Capt. John Masons hearse [heirs] ; 
That you would bo pleased to mentayne the same unto us 
agaynst any that shall shall hereafter oppose us, if by stretch- 
ing of the Lyne the Lands bee within your jurisdiction; if 
not then to leave both our persons, lands & all freelye to our 
selves, as formerly we were before you took us into your Gov- 
ern*, To mentayne our own Rights, or to submitt ourselves to 
those to whom it may appeare justly due. In Conformation 
of our desires herein, wee whose names are hereunto subscribed 
present this in the behalfe & by the free consent of all the said 
inhabitants, praying this Barer Mr Pendleton to present this 
to your honoured Court craving your favourable answer here- 
in, which we leave to your more serious judgments — for whose 
prosperitie we shall daylie praye &c. 

Amb. Lane, 
Eenald Fernald, 

William S , 

Henrie Sherburne, 
John Webster. 

In answer to the petition of the inhabitants of Strabery Banke 
for the Laying oiit of their towne shippe & severall other 
things exprest therein. This Courte thinke moeto to grant 
13 



194 PROVINCE PAPERS. [1651. 

the petitioners all the land between Hampton & them that is 
not already granted to townes or persons (Swamseot patent 
excepted). 

2dlj, That Mr Ambrose Lane, Mr Brian Pendleton & Henry 
Sherbourne are hereby for one whole yeare invested with 
ample power as associates & be enabled with Capt. Thomas 
Wiggin to keepe one court in a yeare at Strabery banke viz., 
at such time as Capt Wiggin shall appoynt to try all civill & 
eriminall actions as other shire coui'ts within this jurisdiction 
doth, & each of them power to administer an oath, as also the 
three commissioners, or each of them shall have power to keep 
the peace amongst the inhabitants & to gi'ant warrant to bringe 
before them such as shall break the poenall laws, the penalties 
whereof exceed not forty shillings, & all offenders, whose pen- 
alty shall exceed that sum aforesaid to bind over to the County 
Court, or send them to some magistrate to be proceeded with 
according to law and they have the like power to end small 
causes as three men in Townes have and for what else is men- 
tioned in the petition the court referre it to the next Generall 
Court of Election to be considered and determined, provided 
they have or shall take the oath of fidelity to this Government 
before they act according to this commission. 

Vol. 4, p. 10. 30 May, 1650. 

In answer to the petition of the freemen of Exeter, the 
Court doth graunt that they have liberty to choose on[e] con- 
stable that hath taken the oath of fidelity as is desii-ed, pro- 
vided the County Court approve of the person as fitt for the 
place. 

Vol. 4, p. 50. 13 May 1651. 

It is ordered by this court that Mr Samuell Winslow, Mr 
Wm Payne, Mr Samueil Hall & Mr Thomas Bradbury, or any 
three of them, shall be comissioners to lay out the northermost 
lyne of Hampton, toward Pascataque River, 

22 May 1651. 3, p. 226. 

This court, consideringe the good service of Capt Wm. 
Hathorne unto this country in sundry respects, thinke meete, 
in answer to his petition, to graunt unto him fower hundred 



1661.] FROM MASSACHUSETTS RECORDS. 195 

acors of land, adjoyninge or neere unto Mr Downinges 600 
acors of land, bctwcenc Hampton & the rivers mouth of Pas-* 
cataqua, to be layd out at the charge of the said Capt. Haw- 
thorne, by Mr William Howard of Topsfield, & Roger Shaw of 
Hampton provided it frustrat not any former grant nor preju- 
dice any towneshipp or village that may be erected per curia. 

Ill, p. 230. 22 May 1651. 

Whereas it appears by the records of this court, number 436 
that six hundred acors of land was granted to Mr Emanuel 
Downing, which he affirmes was in consideration of fifty 
pounds by him disbursed in England, in answer to his petition 
it is ordered that the said six hundred acors of land shalbe 
layd out to him by Mr William Howard of Topsfield, & Roger 
Shaw of Hampton, betweene Hampton & the rivers mouth of 
Pascataque, at the charge of the said Mr Downinge, provide.d 
the said land specified herein be not formerly gi-anted, & that 
it be not prejudicial! to any plantation, towne or village that 
may hereafter be erected. 



A Letter, 



To his honored & very loveing friende Capt. Thomas Wig- 
gin att his house att Swampscot in Pascataqua, bee these. 

Sir : We are given to understand that there is an intent of 
divers of the inhabitants of Strawberry banke, seditiously to 
withdraw their subjection from this Government over them, & 
to sett up a new Government without and contraric to their 
engagement & oathes, and to that end they have as we are in- 
formed called a Towne meetinge to joyne together in their 
way to appoynt a Governor. We have sent therefore unto 
you (knowing your fidelity & care) to search out the truth of 
these actings and to finde out the particular persons that are 
interested in this designc, and the person whom they nominate 
to be their Governor, that accordingly we may put that power 
which God hath given us to prosecute legally against them, 
and to that end we desire you to take such help unto you both 
of such as are in commission with you and such officers &c. as 
are neere you to assist you in what you shall require them ac- 



196 PROVINCE PAPERS. [1651. 

cordinnr to Law & Justice, and that the names of such as are 
interested in this sedition. and espetiallie the chiefe accounts 
therein may be sent unto us, together with the best testimonie 
you can procure, and if you shall upon search and good testi- 
monie observe any to be resolute in their way and high in 
their expressions; — That you forthwith send one or more of 
the chiefest, we mean principal actors therein to the prison at 
Boston who shall answer their rebellion at the Generall Court 
next month, for we must tell you we are verie sensible of these 
motions, which tend to the subversion of this commonwealth, 
and alteration of this government established among us, and 
what is further aimed at in this designe we shall further ac- 
quaint you at your comeinge to the General Court which we 
desire you will be present at. Not else, but our due respects 
to you, wee rest Your loving friend, 

John Endicott, Gov^ 
In the name of the whole court. 
Boston 6th, 7 mo. (51). 

14 October. 

There being no deputy appearing from the towne of Dover 
neither this nor the last session of this Court, the Deputies 
think meete that the said towne of Dover shall be fined £10 
for their neglect with reference to the consent of our honored 

magistrates hereunto. 

William Torrey, Cleric. 

Consented to by the magistrates, 

Edward Eawson, Sec. 

14 October. 4, p. 67. 

In answer to the petition of Eichard Swayne, "Wm, Swayne, 
and other of the towne of Hampton, itt is ordered, that what- 
soever goods or lands have binn taken away from any of the 
inhabitants of Hampton by Edward Colcord or John Sam- 
borne, upon pretence of being authorized by Mr Batchelor, 
either with or without execution, shall be retourned to them 
from whom it was taken, and the execution to be called in, 
and no more to be graunted untill there appear sufficient pow- 
er from Mr Batchelor to recover the same to the County Court 
either of Salisbury or Hampton. 



IGol.] FROM MASSACHUSETTS RECORDS. 197 

14 October 1651. 3, p. 248. 

Upon the request of the inhabitants of Hampton, Mr Samuell 
Winslow, Mr Thos. Bradbury & Lieut Pike, or any two of 
them, are appoynted comissioners to lay out the west end of 
their towne line towards Exeter, provided that Exeter have 
timely notice of the time when it is to be done, to the end they 
may have liberty to make thcire objections, which 6^ comission- 
ers shall make returno thereof to the next Court of Election. 

Ill, pp. 252-4. 

In consideration of twenty poundes due to Capt. Wm Haw- 
thorne, as beinge commissioner for this colonic, its ordered, 
that by way of satisfaction for his good service in that place & 
imployment, he, the s'' Capt. shall have all that parcell of 
land bought of Mr Knowles, lyinge in Kettery, & abuttinge of 
Pascataque River, grannted to him & his heires for ever. 

In answer to a petition prefered by severall of the inhabi- 
tants of Hampton for rcleife in respect of unjust molestation 
from some persons there pretendinge power for what they doe 
from Mr Batchelor, its ordered, that whatsoever goods or 
landes have ben taken away from any of the inhabitants of 
Hampton aforesaid, by Edward Colcord or Joh. Sanbourne, 
uppon pretence of being authorized by Mr Batchelor, either 
with or without execution, shalbe returned to them from whom 
it is taken, & the execution to be cald in, & no more to be 
grannted untill there appeare sufficyent power from Mr Batch- 
elor to recover the same, to the County Courts, either of Sals- 
buiy or Hampton. 

Whereas the serveyor generall did arrest Roger Shaw of 
Hampton, for eyght poundes, for a barrell of powder which 
was due from the towne of Hampton, & the s"^ Roger Shaw 
did acknowledge a judgni' of the same, whereupon this Court 
doth order that the s"^ Shaw shall have power to make a levie 
upon the inhabitants of Hampton for the pa3'ment thereof 
forthwith. 

The inhabitants of Dover being under a fine of 1011, for neg- 
lecting to send a deputie to this Courte, upon the request of 
Mr Maud hath their fine respited, & not to be levied till the 
next Court of Election, that the Court may judge of Dover's 
answer. 



198 PROVINCE PAPERS. [1652. 

1652, 27 May. 3, p. 273. 

The towne of Dover desiring that Mr Bellingham may be 
judg of that Court this yeare, as also that Mr Georg Smith, Mr 
Richard Walden, & Mr Valentine Hill, might be associates, 
have theire requests graunted provided Mr Hill may be ex- 
empted, according to his desire, & also that Mr Belingham be 
desired to attend the keeping of the County Courts of Nor- 
folke, Hampton, & Salsbury, as well as Dover & Strabery 
Banke, for the. yeare ensuing. 

Ill, p. 274. 

AVhereas the surveyor generall did arest Eoger Shaw, of 
Hampton, for eight pounds for a barrell of powder, which was 
due from the towne of Hampton, & the s*^ Eoger Shaw did ac- 
knowledge a judgment of the same, this Court doth order & 
hereby require, & give full power & authoritie to, the Consta- 
ble of Hampton to make a levy uppon the inhabitants of 
Hampton for the paj^ment of the foresaid sume of eight 
pounds, together with two shillings six pence for entring the 
petition, as also so much more as may defray the charge of 
transportinge the same to the surveyor generall aforesaid unto 
the said Eoger Shaw, within thirty dayes after notice given, & 
that in corne or cattle, at prise current. 



Exeter Petition. 
May 24. 

To the Honored General Court at Boston. 

The humble petition of the inhabitants of Exeter, giving 
this hon"^ Court to understand that we are exceedingly strait- 
ned for the want of meddow, & the Indians have informed us 
that there are 3 or 4 spots of meddow something neer one an- 
other about 7 or 8 miles fi-om our towne, westward or norwest 
farre from any other plantation & not yet possest by any, our 
humble request therefore is that this honoured Court would 
be pleased to grant it to our Towne in regard of our great 



1652.] FROM MASSACHUSETTS RECORDS. 199 

need of it, & the quantity of them all is conceavcd not to ex- 
ceed 100 akers, if it be so much, & so shall wo rest thankfull 
to the honored Court & as serviceable as we are able. 
The (24) of (3) mo. 1652. 

' Edward Gilman Sen. 
Edward Gilman .Jun. 
Edward Hilton, 
Jno. Lejijat, 
Tho. Pe'ttit, 
Nicholas Lister, 
Thomas Cornish. 



In the behalfe of the rest, ■< 



The Committy thinke meete the Inhabitants of Exeter have 
their desires granted to have the above said Meddow confirmed 
to them provided it be not within the limmitts or bounds of 
any other towneship, or any particular person's grant. 

4th mo. 1 day— 1652. 

T p ^ e 4. ( 'I'ho. Wiggin, 

In r name of y rest, | ^^^ ^^^^^^^ 

The magistrates approve of this returno if the Committee 

of tho Deputies Consent hereto. 

Edw. Rawson, Secretary. 

The deputies consent hereto, provided the meddow herein 
desired not exceed one hundred acres, provided it be there to 
bo had. William Torrey, Cleric. 

19 (8) 1652. 

The Deputies thinke not meete to alter their former vote. 

William Torrey, Cleric. 

Entered with the magistrates and 20 shillings promis*^. 



May 27. 

Mr Thomas Bradbury, Mr Samuel Winsley and Samuel Hull, 
being appoynted our Commissioners to lay out the Northern- 
most line of Hampton bounds towards Pascataqua have de- 
termined that tho North line shall extend five miles from 
Hampton meeting house & from thence upon an East line to 
the sea & with the westerly line untill they come within two 



200 PROVINCE PAPERS. [1652. 

miles of Exeter present meeting house & the rest of the line, 
which was to extend to Salsberry boundes they left to furtlier 
consideration. Subscribed with their hands, 6, 8 mo. 1G51. 

The Court having perused this returne of the Commission- 
ers approve of what they have done respecting the laying out 
of the bounds of Hampton aforesaid, provided it intrench not 
on any former grant. 

Mr. Samuel Winslow, Mr Thomas Bradbury & Leuit. Robert 
Pike being appoj^nted to lay out the west end of Hampton 
bounds uppon their request have libertj^ graunted them till the 
next session of this Court to accomplish the Courts order 
therein. C. Rec, vol. 3, p. 345. 



The 31st of the 3d month, 1G52, on perusall of our Charter, 
it was this day voted by the whole Court that the extent of 
the line is to be from the Northernmost part of the River Mer- 
rimacke & three miles more north where it is to be found, be 
it an hundred miles more or less from the sea, & thence upon 
a straight line east & west to each sea, & this to be the true 
interpretation of the Termes of the Limmitte Northward 
graunted in the Patent. C. Rec, vol. 3, p. 347. 

In answer to a letter sent to the Court from Mr Brian Pen- 
dleton of Strabery banke concerning their enlargement the 
Court is willing to consider thereof when they propound any 
thing to their consideration which may be suteable to such an 
end, & doe desire & order that Mr Bellingham & Mr Pendleton 
with the Judges of Dover Court may keepe Court at Straberry 
banke, till the inhabitants of Straberry banke doe present 
some persons that have taken the oath of fidelity to this Court 
to be allowed & confirmed. C. Rec, vol. 3, pp. 351, 352. 



For the better discovery of the North Line of our Pattent 
it is ordered by this Courte that Capt. Sj'mon Willard, & Capt. 
Edward Johnson be aj)pointed as Commissioners to procure 
such Artiste & other Assistants as they shall Judge meete to 
goe with them to find out the most northerly part of Merri- 



1652.] FROM MASSACHUSETTS RECORDS. 201 

mack Eiver, & that they bo supplied with all manner of ness- 
essaryos by the Treasurer fitt for this journey, & that they use 
tlieir utmost skill & abilitio to take a true observation of the 
Latitude of that place, & that they doe it with all convenient 
speed & make return thereof to the next session of this Courte. 
C. Eec, vol. 3, p. 353. 

Oct. 19, 1652. 

Whereas upon the submission of the inhabitants upon the 
river of Pascataqua to this jurisdiction, this court did grant 
them amongst other priviledges liberty to send two deputies 
from the said liiver, & whereas the freemen of Dover are in- 
creased to that number that by another law they have liberty 
to send two deputies to this court — This court doth order & 
declare that the said towne of Dover shall henceforth enjoy 
their libert}^ to send two deputies according to law, & that 
Straberry banke shall have libertie to send one according to 
former agreement. C. Kec, vol. 3, p. 361. 

10 October 1652. 3, p. 288. 

The answer of John Sherman, sergeant at Watertowne, and 
Jonathan Ince, student at Harvard College in Cambrig, to 
Capt Symon Willard & Capt iCdward Johnson, commissioners 
of the Generall Court held at Boston, May 27th 1652, concern- 
inge the latitude of the northernmost part of Merimacke Eiver. 
Whereas w^e, Joh. Sherman & Jonathan Ince, were procured 
by the aforesaid comissioners to take the latitude of the place 
above named, our answer is, that Aquedahian, the name of 
the Merimacke where it issues out of the Lake Winnapusseakit 
upon the first of August, one thowsand six hundred fifty two, 
we observed & by observation found, that the latitude of the 
place was forty three degrees, forty minutes & twelve seconds, 
besides those minutes which are to be allowed for the three 
miles more north which run into the lake. In wittnes whereof 
we have subscribed our names this nineteenth of October, 
1652. 

John Siikrman, 
Jonathan Ince. 

Ju' Coram, John Endecott, Gub. 



202 PROVINCE PAPERS. [1652. 

Answer to Straherry Banke. 

The inhabitants of Straberiy banke preferring a petition for 
the enlargement of their towne bounds, are referred to the 
next Court of election for further answer, when Capt. Wiggan 
is to show his Patent. This Courte further grants that Mr 
Henry Sherbourne & Mr Reynold Fernald be admitted as 
associates according to their petition. C. Eec, vol. 3, p. 368. 



Dover Petition, &c. 
Oct. 20, 1652. 

To the Honored Generall Courte now assembled in Boston. 
The humble petition of Dover sheweth that whereas some 
that we have formerly betrusted & employed at the generall 
Courtes have neglected what we betrusted them with, among 
other things in a speciall manner the recording of our towne- 
ship according to the grant of the said Court, we therefore in 
the behalfe of the aforesaid towne of Dover doe crave this 
favour that the sayd limits according to our grant may be con- 
firmed to us by this Honored Courte now assembled, & your 
petitioners shall rest ever engaged in all humble service to be 
commanded. 

Val. Hill, 

ElCHARD WaLDERN, 

In the behalfe of the towne of Dover. 

For the settlinge of the rights & bounds of Dover consider 
these things. 

1. A purchase from the Indians of Lampreele river 1035, 
two witnesses. 

2. Possession & use of it by plantinge, fishinge & fellinge of 
timber, two witnesses. 

3. When taken into the Government of the Bay this was 
one of their peculyar agreements that they should enjoy all 
such lawfuU liberties of fishinge, plantinge, & fellinge of timber 
as formerly, 2 booke of lawes title Pascattua, this was 1641. 



1653.] FROM MASSACHUSETTS RECORDS. 203 

4. Anno 1642 in y" old Booke No. 538 by order of general 
Courte, to Dover is granted the liberty which other townes 
have, & foure commissioners appoynted to settle the limits 
thereof. 

6. There is 3 of the foure commissioners met & agreed & did 
settle the bounds of Dover as appear under their handes, uppon 
which Dover granted severall proppertyes. 

6. The bounds of Lamprecl river was by consent of Dover & 
Exeter men as Captayno VViggans remembers & it appears by 
the boundaryes for a neck of land is reserved to Exeter on the 
northside of y* River, which is on Dover side. 

7. Lampreele river is about 6 miles from Dover, northeast 
& is alsoe about 6 miles from Excetter southard as Capt. 
Wiggins afRrmes. 

8. Dover cannot be inlarged as Exeter may, for y" River 
betweene Kittery & Dover boundes them northward, & Lamp- 
reele River & Exeter boundes them southward, & the commis- 
sioners have bound them eastward and southward. 

9. Exeter besides the boundes towards Lampreele river may 
be enlarged westward & southward their other limmets. 

10. Between Lampreele River & Oyster River Dover hath 
settled a ministry, it ere longe is like to be a towne of itselfe 
in respect of y® accommodation of Lampreele River, it being 
but about 3 miles betweene the two Rivers. 

11. For Exeter y' purchase of the Indyans was anno 1638, 
y° they began to be a towne after they submitted to y^ Bay 
anno 1644, without any agreement at all except they are in 
y* condition of other townes, but Dover former Rights are 
confirmed to them, uppon agreement besides the grants of 
courte, which were befoi-o Exeter submitted to this Govern- 
ment. 

The utmost bounds of Dover was the utmost of the bounds 
of this pattent, where any towne or person did then submit 
unto this jurisdiction. 



204 PROVINCE PAPERS. [1652. 

Depositions, (fee. 

The deposition of John Ault taken the 18th of the 8th month 
1652. 

The deponent sayth that in the yere 1635, that the hmd 
about Lampreele river was bought of the Indanes & made use 
of by the men of Dover & myself both for planting & fishing & 
feling of timber. 

John Ault. 

Sworne before me, George Smyth. 

Eichard Yorke doth testifie the same above specified. 
Kichard Yorke sworne, who affirmed upon his oath that 
what he doth testify above written was trew. 

Sworne before me, George Smyth. 

The deposition of Hateevil Nutter taken the 18th of the 8th 
month 1652. 

The deponent sayth that in the yeare 1G36 the land about 
Lamprill river was in the possession of the inhabitants of 
Dover on both sides the Eiver both for fishinge & planting & 
felinge of timber. 

Hateevil Nutter sworne, who affirmed upon his oath that 
the primpses [premises ?] was trew. 

Sworne before me, George Smyth. 

In the year 1637, Will Furbur doth testifie the same about 
Lamprill ryver. 

William Furbur sworne the 18th of the 8th month (52) who 
affirmed upon his oath that what he doth testify next above 
written was trew. 

Sworne before me, George Smyth. 

These ai*e to certifie that being one of them deputed by the 
Generall Court about 7 or 8 years since to lay out the bounds 
betweene Exeter & Dover, It was alwayes intended by us that 
Lamprey river as it naturally runs up into the Country should 
be the bounds betweens, & what Line is recorded if it prove 
to give anything to Dover on the west side of Lamprey river, 
it was upon a mistake, & utterly besides our instructions. 
And for the confirmation hereof I have put to my hand this 
27th of May 1652. John Baker. 



1G53.] FROxM MASSACHUSETTS RECORDS. 205 

[To a Copy of the order of Court dated the 9th of tlie Sth 
mo. 1G41, which may be found in page 3 of this book, Mr 
Rawson adds the following note :] 

Att John Baker's Request I signify that he did his endeavor 
faithfully to procure the bounds of Dover recorded, but the 
many urgent occasions of the Countr}^ were such as that [it] 
came not to Issue. Per Edward Rawson. 

26 October 1G52. 4, p. 118. 

Itt is ordered, that the northcrne bounds of Dover shall ex- 
tend from the first fall of Newitchiwannicke lliver, uppon a 
north and by west line, fower miles. 



May, 1653. 

To the Honoured Generall Court assembled at Boston in the monnth 
of May 1653. 

The humble petition of the Inhabitants of the Towne (att 
present) called Straberry Banke, Sheweth that whereas there 
are certaine Townes about us, which enjoyes the priviledg of 
freemen & have their votes in chusing Governors, magistrates 
& other officers for the administration of justice, our humble 
request is that this honoured Courte will be pleased to grant 
unto us equall priviledge with Kittery & York, & likewise that 
you will give power to those magistrates that are to keepe 
Courte among us to nominate & appoint Commissioners for 
the ending of differences under tenn pounds, having great 
need of such, for man^' times we loose our right, by reason we 
cannot summon those that are delinquents to any other Courts 
except it be for great summcs. And likewise that you will bo 
pleased to Confirme our Militarie Officers, that the}' ma}' be 
established by power from yourselves, for we have betwixt 70 
& 80 men able to bearo Armes, within our presincts although 
we cannot as yett Call it a Towneshipp, but wee hope you will 
be mindfull of us in all y* premises, which if you bee it will be 
a great encouragement for your poore petitioners to goe on in 
their Imployments & follow it with more CheerfuUnesse, 
whereby wee may bo useful in the Commonwealth, & ready at 



206 PROVINCE PAPERS. [l&^S. 

all times to set ourselves forward for the good of the Country 
& the benefitt of those amongst whome we live & your peti- 
tioners shall humbly pray. 

John Sherburne, 

Rich. Cutt, 
Renald Fernald, 
Samuel Haines. 

This petition was entered with the Deputy & £10 promised. 

1. We conceive the inhabitants of Straberry banke should 
be satisfyed with the priviledges granted by the Court at their 
coming under this government. 

2. That the Court of Dover or Straberry banke may nomi- 
nate & Confirme Commissioners for the ending of small causes 
under 40s as in other townes. 

3. That the said Court may confirme such military officers 

as they shall present. 

Dan. Denison, *) 

Jos. Hills, v Com. 

Edw. Johnson, ) 

The magistrates (confirm) approve of the Returne of the 
Committee as an answer to their petition with reference to the 
Consent of their brethren the deputies heereto. 

Edw. Rawson, Secretary. 

The Deputyes consent to our honoured magistrates in an- 
swer to this j)etition. 

William Torrey, Cleric. 

It is ordered by this Court that the Commissioners Court at 
Portsmouth shall have equall power for trial of actions within 
themselves to the value of tenn pounds as York and Kittery 
have, which shall continue till the Courte take further order & 
the County Courts of Dover & Portsmouth shall annually have 
their Court upon the last Tuesday in June, & the County of 
York shire shall have the County Courts the Thursday follow- 
ing. C. Rec, vol. 3, p. 374. 

Thomas Wiggan, gent., preferring a petition for the con- 
firmation of a Pattent, & the graunt of a writt of division for 
a tract of land at Squamscott, is referred for our answer untill 



1653.] FROM MASSACHUSETTS RECORDS. 207 

the yeare 1654 in October, and that in the meane time there 
be a forbearance of faling any Avood or Tymbcr uppon the 
land herein exprest. C. Kec, vol. 3, p. 377. 

The Inhabitants of Straberry Banke preferring a petition 
for equall priviledges with other townes in respect of choyce 
of Magistrates, &c., are denyed, but as a farther answer to 
them in respect to their Military officers, the Court of Dover 
or Straberry banke may confirme as they shall present, who 
have hereby also power to Nominate & Confirme Commis- 
sioners for the ending of small Causes under 4U8 as in other 
Townes. C Eec, vol. 3, p. 380. 

The freemen of Dover having chosen Capt. Waldren & Mr 
Valentine Hill for Associates, their said Choyse is confirmed by 
this Court. C. Rec, vol. 3, p. 383. 



Strawherry Banke Petition. 

To the honoured Generall Courte assembled att Boston this present 
month of May 1G53. 

The humble petition of the inhabitants of the towne att 
present called Straberry banke. 

Sheweth, that whereas your petitioners petitioned to the last 
generall Court to grant to the said Inhabitants a competent 
portion of Land to make us a Townshipp, whereby we may be 
inabled to subsist & bee usefull to the Church & Commonwealth, 
our desire is that this Honoured Court will bo pleased to shew 
their favour & good will towards us and willingnesse to accom- 
modate us to the uttermost & for that purpose hath desired the 
Honnor'd Capt. Wiggines to bring his Pattent to this present 
Court. 

Now may it please this honnour'd Court to take our case 
into consideration & to consider of our extrcamc necessities, 
first in respect of the number of familyes which are betweene 
50 & 60 of which some are constrained to remove from want 
of I>and to accommodate them with thcire stocks. Secondly, 
the quality of the land wee live upon is soe badd, its incredible 
to believe except those who have scene it. Thirdly, the place 



208 PROVINCE PAPERS. [1653. 

being settled a plantation the first of any in these parts & our 
willingenesse in submittinge to your government. Fourthly 
that all the neighbouring plantations about us, which were 
settled since wee, have theire townshipps settled and bounded, 
onely wee as yett have none ; fifthly, that whereas there is 
much benefitt by Sawmills in other townes in this river & 
adjacent townes, there is none in this Towne, but only one 
which was never perfected nor like to bee. 

Wee humbly intreat this honnoured Courte to take into 
their view this neck of Land, which wee live uppon, which 
nature itselfe hath bounded with the maine sea & River as may 
be seone by y*' the draught of the River, which was presented 
to the last Generall Court and now presented again by our 
deputy, which neck of land is farre lesse than any neighbor- 
inge towne about us : The desire of your humble petitioners is 
that this honnoured Court would grant us the necke of land 
beginninge in the great Bay at the place called Cotterllls 
Delight, soe runninge to y*" sea accordinge to the former peti- 
tion presented to the last Generall Courte. And whereas the 
name of this plantation att present beinge Straberry banke 
accidentally soe called by reason of a banke where Straberries 
was found in this place, Now your petitioners Humble desire 
is to have it called Portsmouth, being a name most sutable for 
this place, it beinge the River's mouth & a good [harbour] as 
any in this land, & your petitioners shall humbly pray. 

Brian Pendleton, 
Rich. Cutt, 
Renald Fernald, 
Samuel Haynes, 
John Sherbourn, 
In the behalfe of the towne. 

We conceive the answer to this petition must be respited 

because of Mr Mason's claim to the lands only so far as relates 

to Capt. Wiggins Patent, the committee of the last Courte or 

so many of them as being present had then the hearing of the 

case are fittest to be employed now. 

Daniel Denison, 

Joseph Hills, 

Edw. Johnson. 



1653.] FROM MASSACHUSETTS RECORDS. 209 

The magistrates approve of the comraittcos Retourne for 
respiting of this petition to the next Court, if tlieire brethren 
the deputyes consent hereto. 

Edw. Rawson, Secretary. 

The deputies consent heereto & doe further grant the peti- 
tioners request, viz., that their towne shall be called Ports- 
mouth if our honored magistrates consent hereto. 

William Torrey, Cleric. 

The magistrates consent hereto viz., the name of Ports- 
mouth. Edward Rawson, Secretary. 

The magistrates considering further of this petition desire a 
present committee may be chosen to whom the settling of -the 
towne of Portsmouth may be referred, & theire thoughts there- 
abouts retourned to this Court if theire brethren the deputies 
consent hereto. Edward Rawson, Secretary. 

28th May, 1653. 

Mr Symonds is appointed to be of the committee for this 
petition. 

Mr Samuel Winsley, Mr Joseph Jewett and Shergent Sher- 
man are appoynted to be of this committee. 

William Torrey, Cleric. 
The magistrates consent hereto. 

E. Rawson, Sec. 
18 May, 1653. 4, p. 135. 

In answer to the petition of Capt. Thomas Wiggin for a 
writt of divicion of the two patten ts of Swampscott, the court 
referres the division thereof untill the next yeare 1654, in Oc- 
tober, and order in the meane time there be a forbearance of 
falling of wood and timber upon the lands exprest in the petition. 

May 28, 1653. 

The Committee (in answer to this petition) doth conceive 

that the line of the township of Portsmouth should reach from 

the sea by Hampton line to Wj-nnacont River leaving the 

proprietors to their just rights and interest. 

Samuel Symonds, 

Joseph Jewit, 

Samuel Winsley, 

John Sherman. 
14 



210 PROVINCE PAPERS. [1654. 

The deputies approve of the returne of the committee in 
answer to this petition with reference to the consent of our 
honoured Magistrates hereto. 

William Torrey, Cleric. 

Mr Tho. Bradbury, Mr Samuel Winsley & Mr Eobert Pike 
being chosen by the Generall Court to lay out the west end of 
Hampton bounds uppon their best information have concluded 
that their west line shall run from the extent of the Lyne 
formerly agreed on to come within two miles of Exeter meet- 
inge house upon a direct Lyne to that part of Aspe brooke 
where the high way goes over and from thence upon a direct 
lyne so as to leave Exeter falls at the towne bridge a mile and 
a half due north of the same and from thence uppon a west & 
by north lyne as far as the utmost extent of Salsberry bounds. 
C. Rec, vol. 3, p. 399. 



1654. 

At a Generall Coui't of Election held at Boston the 3d of the 
3d month 1654. 

In answer to the petition of inhabitants of Hampton, the 
Court doth declare though they are not willing to recall those 
uncomfortable differences that formerly passed betwixt & Mr 
Wheelwright concerning matters of religion or practice, nor 
doe they know what Mr Eutherford or Mr Wells hath charged 
him with, yet they find meete to certify that Mr Wheelwright 
hath long since given such satisfaction both to the Court & 
elders generally as that he is now, & so for many years hath 
bin an officer in the church at Hampton within our jurisdiction 
& that without offence to any so far as we know and as we 
are informed he hath been a usefull & profitable instrument of 
doinge much good in that church. C. Rec, vol. 3, p. 420, 421. 

At the request of the town of Dover, Lieut Pomfret is ap- 
oynted to joyne in marriage such as shall be published there 
according to law. C. Rec, vol. 3, p. 423. 



1654.] FROM MASSACHUSETTS RECORDS. 211 

Petition of John Allen, <fec. 
Maj^ 6th, 1654. 

To the honored Gcnerall Court now assembled at Boston. 

The humble petition of John Allen, Nicholas Shapleigh, John 
Severance, Thomas Lake, & Edward Callcottin behalf of them- 
selves and other the owners of the two Pattents of Swamp- 
ecott and Dover. 

Humbly shewethe whereas this honored Gennoral Courte 
of the Massachusetts Bay, in the 14th of the 4th mo. 1641, 
Covenanted with George Willys gent, and others in behalfe of 
themselves and partners of the said pattents that the South 
Pattent of Swamscott, and one third of the pattent of Dover 
should remaine to the said owners of the pattents and their heirs 
forever &c. the said Court promisethe to mentayne the pattents 
in their rights therein as by the said Covenant appeareth. 
Now your humble petitioners crave that this honnored Court 
will be pleased to grant thatt a divvission may be made of the 
said lands according to Covenant made with your Pattentees, 
and your petitioners shall pray &c. 

The deputies doe conceive that the petitioners have another 
way to obtayne theire desires herein exprest viz., to prosecute 
any that shall intrench upon their first right in a Course of 
law in our Court of Justice, in reference to the Consent of our 
honoui'ed magistrates. 6, 3, 1654. 

William Torrey, Cleric. 

The magistrates cannot consent to this Returne but Referr 
their Petition to be considered by their Committee, & both 
parties concerned therein to be heard by them. 

Edward Rawson, Secret'y. 
Consented to by the Deputies. 

Wm. Torrey, Clerk. 

Answer of the Committee. 

In answer to the Petition of Capt John Allen &c. & the town 
of Dovei*. 

Wee find by the Records of the Court An'o (41) that the 
pattent on the south side of the river of Piscataqua, & one 
third part of the Pattent of Dover is reserved by the Patent- 
ees. And also that Mr William Payne and others in Ano. (52) 



212 PROVINCE PAPERS. [1654. 

were appointed to set out the limits of the town of Dover. 
Wee therefore conceive it necessary for this Court to appoint 
and impower some uninterested persons a Committee at the 
charge of the parties, uppon the place to examine all interests 
& actings relating thereunto and to consider some way for the 
accommodating all parties according to their just interests, and 
to make return under their hand to the next sessions of this 
Court & that in the mean time the order of Court prohibiting 
the felling timber be duly observed on penalty of five pounds 
a tree (except for firing and fencing) for so many as shall be 
felled upon the land which shall be apportioned to the sayd 
Capt. Allen & companie of Pattentees. 

Humphrey Atharton, 
Thomas Clarke, 
Eleazer Lusher, 
Joseph Hills. 

The deputies approve of this retourne of this Committee iu 
answer hereunto, provided the penalty of five pounds for fell. 
inge of any tree be left out, & have chosen Mr Joseph Hills, 
Mr Edward Collins, & Capt Eleazer Lusher, together with such 
others as our honored magistrates shall please to nominate to 
be a Committee impowered to act herein accordinge to this 
returne. William Torrey, Cleric. 

The magistrates .cannot consent hereto, but refer it to the 
next Court of sessions of this Court for a finall answer when 
both parties may be present, desiring the brethren the depu- 
ties consent hereto. 

May 15, 1654. Edward Eawson, Secretary. 



Dover Petition. 

To the Right Worshipfull the Governor and magistrates, & Depu- 
ties of the Generall Court now assembled in Boston. 

The humble petition of the inhabitants of the town of Dover. 

Shewethe that whereas your poor petiioners were taken 
under the government of the Mattachusetts, by the extent of 
the line of the Patent of the Mattachusetts, and likewise the 
people there are accepted and reputed under the government 



1654.] FROM MASSACHUSETTS RECORDS. 213 

a8 the rest of the inhabitants within the said jurisdiction, as 
also a Committee chosen to bound out the Towne, which ac- 
cordingly was done, & afterwards was confirmed at the Gene- 
rail Courto as the Acts do more fully declare. Therefore wee 
your poore petitioners do humbly crave protection in our hab- 
itations and rights accordinge to the laws & liberties of this 
jurisdiction, & likewise that some order might be taken to re- 
straine such as doe disturbe and molest us in our habitations 
by challenginge us by patent, & threateninge of us & sayinge 
that wee plant upon their grounde & that we must give them 
such rent as they please for cuttinge grass and timber, or else 
they will take all from us, so by this means the people are 
many of them disquieted, not onely by the Patent, but alsoe 
by the threats of Edwarde Colcorde who with others of his 
pretended owners do i-eport that they have fourteen shares & 
that they are the greatest owners in the Country, which Patent 
wee conceive (under favour) will be made voyde if it be well 
looked into, so hopinge ever to enjoye protection within your 
jurisdiction Wee shall ever pray. 

William Wentworth, Tho. Beard, 

James Eawlins, Peter Coffin, 

John Godard, Kalph Hill, 

William Pomfrett, Henry Tebut, Constabell, 

John Dande, The mark f of Tho. Layton, 

Richard Waldern, The mark X of Tho. Caney, 

Hatteevil Nutter, Y'' mark | of Thomas Wells, 

Ambrose Gibbins, Y« mark § of Tho. Stevenson, 

Edward Starbuck, Y'^ mark ^ of William Beard, 

William Furbur, John W , 

John Ault, Richard Yorke his marke 1| 

James Newtt, The mark of | HenryLankster 

Jonas Bynns, The mark § of James Bonker, 

Henry Tibut, John X Herds marke, 

Yal. Hill, Thomas T N Northe, marke, 

Thomas Footman, The marke of Matthew X Billes.* 

John Bickford, 

Answered upon Capt Jo. Aliens petition 1654. 

* Whereas we whose names are here under written are made choice of 
by the Towne of Dover and Kittery to lay outt the Devidinge Bounds be- 



214 PROVINCE PAPERS. [1654. 

10 May, 1654. 4, p. 188. 

In answer to the request of the inhabitants of Dover Left. 
Wm. Pomfrett is appointed and authorised to marry such at 
Dover as shall be duely published & otherwise fitt to joyne in 
marriage according to la we. 



Petition from Portsmouth. 
Oct. 17, 1654. 

The towne of Portsmouth prefei-ring a petition for settlinge 
the bounds between Hampton & themselves, the courte thinks 
meete to referre the issue of the case to commissioners, & to 
that end have chosen Mr Joseph Jewett, Mr Thomas Bradbury 
& John Saunders, who hereby impowered to examine the 
matters in difference betweene the townes of Portsmouth & 
Hampton as touching the Lyne betweene them & to settle the 
same in such a Avay as may by them be judged most meet up- 
pon a full hearing of what shall be alleadged in the case, & 
that they make returne thereof to the next Court of Election, 
& Mr Joseph Jewett to appoynt the time & place of meeting. 
C. Kec, vol. 3, p. 439. 

18 October, 1654. 4, p. 201. 

In Norfolke, Eoger Shawe of Hampton — is impowered and 
ordered to sell wine of any sort and strong licquors to the 
Indians as to theire [his] judgment shall seeme meete and 
necessary for their relief, in just and urgent occasions, and not 
otherwise. 

tweene the said Townes, we have Mutually concluded and agreed that the 
great Kiver At newichawanacke shall be and remaine the Devideinge 
bound betweene the aforesaid Townes, the one half of the said Kiver to 
Apptaine and belong unto the Towne of Dover on the south, and the other 
halfe to the Towne of Kittery one the North. In confirmation hereof we 

have Interchang sett to our hands this 4th of ye 2 mo. [16]54. 

Nicolas Shapleigh, 

KiCHARD WaLDEN, 

Edward Starbuck, 
The mark of Nicolas % Frost, 
The mark of Richard § Nason, 
William Ffurbkr, 
Dover Town Rec. A. H. Q. 



1654.] FROM MASSACHUSETTS RECORDS. 215 

1 November, 1654. 4, p. 210. 

In answer to the petition of Anthony Stanion, for the re- 
mitmiint of the forfeiture of his fifty pounds bond for Edwai'd 
Colcords appearanc at the last County Court at Hampton, the 
Court judgeth it meet to remitt forty pounds thereof, and 
orders hira to pay the attorney that prosecuted against Ed- 
ward Colcord in behalf of Thos. Moulton forteen shillings, & to 
Thomas ^loulton for himselfe & wives attendanc at both 
Courts, three pound two shillings, and to the widdow Blase- 
dell for her attendance as before thirty shillings, the other 
fower pounds thirteen shillings to make up the ten pounds he 
shall pay to the Treasurer for the charg of the court. 



Extract from the Records of the House of Deputies of Massa- 
chusetts. 
1 Nov., 1654. 

" Whereas it is judged most comely, convenient, and con- 
ducible to the dispatch of public service, that the deputies of 
the General Court should diet together, especially at dinner, it 
is therefore ordered that the deputies of the General Court the 
next ensuing year, viz., 1655, shall all accordingly dine togeth- 
er, and that Lieut. Phillips, the keeper of the said tavern, shall 
be paid for the same by the Treasurer for the time being by 
discounting the same in the custom of wine, payable by the 
said Phillips, and that the treasurer shall be repaid by the 
several towns according to the charges of their respective 
deputies, with their next country rate, by the same kind of 
payment,* and it is further ordered for the prevention of un- 

■*29, 10th mo. '48. "It is this day ordered by us - - - - who are 
the prudentiall men for the aifairs of the Towne, that George Walton 
shall pay twentie shillings for evie pipe of wine that can appoare to bee 
drawn either by him or his appointment to any person or persons whatso- 
ever since the time of his keeping of an ordinary, and shall pay the price 
of Two pipes and one hog.«head of wine since the last Court the sum of 
fifty shillings upon demand made by us to any person chosen to receive ye 
same." Dover Town Rec. A. H. Q. 

16, 2 mo. 1655. It is agreed upon concerning setting comfortable main- 
tenance of the ministry of Dover and Oyster River all the rent of the saw- 
mills shall be set aparte into a Towne stocko, with two pence upon the 



216 PROVINCE PAPERS. [1655. 

settledness and other distractions for the future, that the 
deputies of the General Court shall yearly and every year, 
from time to time, before the dissolving of the last session 
thereof, accordingly take some effectual course in this case, in 
such sort as to themselves shall seem best, that the deputies of 
the next succeeding Court may not be occasioned to seek 
their own settlement in this, and so retard public service; and 
its further ordered, that the deputies shall give notice hereof 
to the deputies that shall be chosen for the succeeding year, 
from time to time. This is passed as an order respecting 
the House of deputies. An agreement was made with Lieut. 
Phillips by the deputies now assembled in the General Court, 
that the deputies of the next Court of Elections shall sit in 
the new Court chamber, and be dieted with breakfast, dinner 
and supper, with wine and beer between meals, with fire and 
beds, at the rate of 3s. per day — so many as take all their diet 
as aforesaid at the said house — but such as only dine, and not 
sup, to pay 18d. for their dinners with wine and beer betwixt 
meals, and by wine is intended a cup each man at dinner and 
supper, and no more." Coll. N. H. Hist. Soc, 2, p. 228. 



31 October, 1655. 4, p. 244. 

At the request of the towne of Hampton by theire deputy, 
itt is ordered that there shall be a markett kept there one day 
in every week, viz., on the fifth day which is theire lecture 
day. 

pound to be rated upon the estates of all the inhabitants, and all such es- 
tates so appointed are to be put into the hands of any that shall be chosen 
tresurer by the said Towne to receive the said, w'ch summ that hath res- 
pect to the Rate is to be paid in money, Beaver, Beife, Poarke, wheat, 
Pease, Mault, Butter, cheeise, in one or any of these. This order to take 
place the 25th of June next and to continue one whole year. Dover Town 
Rec. A. H. Q. 

30, 1 mo. 1657. It is ordered that the debety that shall be chosen for to 
goe to the generall Cortt shall have theirty shillin,s;s for his charges going 
and coming and his diet borne by the towne all the time of his atendance 
at the generall cort and 2s. 6d. ye day all the time of his attendance the 
cort, all this to stand tell the Towne see ferder case to allter it. Dover 
Towne Kec. A. H. Q. 



1656.] FROM MASSACHUSETTS RECORDS. 217 

23 May, 1655. 3, p. 381. 

Att the request of the doputj'-es of Salsbury & Hampton, 
Mr Symonds is appoynted to joyne with Capt Wiggans to 
keepe the County Courts at Norfolke. 

Ill, p. 394. 

In answer to the petition of Mr Thos. Lake in the behalfe of 
himselfe & partnors for a devision of the land at Squamscot & 
Dover, it is ordered, that Mr Wm Bartholomew, Mr Samuel 
Winslow & Mr Samuel Hall are hereby appoynted & empow- 
ered as a coniittee to goe to Squamscott, & according to the 
pattents thereof & this order, to make a just devision of that 
of Squamscott only, & that which hath reference to Dover be 
respited untill another time, makinge a returne of what they 
doc to the court of election for confirmation. 



Witchcraft in New-Hampshire — 1656. 

[N. H. Hist. Coll., I., pp. 225-227.] 
Complaint of Susannah Trimmings, of Little Harbour, Pascataqua. 

On Lord's Day 30th of March, at night, going home with 
Goodwife Barton, she seperated from her at the freshet next 
her house. On her return, between Goodman Evens' and 
Robert Davis' she heard a rustling in the woods, "which she at 
first thought was occasioned by swine, and presently after, 
there did appear to her a woman whom she apprehended to be 
old Goodwife Walford. She asked me where my consort was; 
I answered, I had none. She said, thy consort is at home by 
this time. Lend me a pound of cotton. I told her I had but 
two pounds in the house, and I would not spare any to my 
mother. She said I had better have done it; that my sorrow 
was great already, and it should be greater — for I was going a 
great journey but should never come there. She then left me, 
and I was struck as with a clap of fire on the back, and she 
vanished toward the water side, in my apprehension in the 



• 



218 PROVINCE PAPERS. [1656. 

shape of a cat. She had on her head a white linen hood tied 
under her chin, and her waistcoat and petticoat were red, with 
an old green apron and a black hat upon her head. 
Taken upon oath, 18th April, 1656, before 

Bryan Pendleton, 
Henry Sherburne, 
Renald Fernald. 

Her husband (Olivier) says, she came home in a sad condi- 
tion. She passed by me with her child in her arms, laid her 
child on the bed, sat down upon the chest and leaned upon her 
elbow. Three times I asked her how she did, — She could not 
speak. I took her in my arms and held her up, and repeated 
the question. She forced breath, and something stopped in 
her throat as if it would have stopped her breath. I unlaced 
her clothes, and soon she spake and said. Lord have mercy 
upon me, this wicked woman will kill me. I asked her what 
woman. She said, Goodwife Walford. I tried to persuade 
her it was only her weakness. She told me no, and related as 
above, that her back was as a flame of fire, and her lower 
parts were as it were numb and without feeling. I pinched 
her and she felt not. She continued that night and the day 
and night following very ill, and is still bad of her limbs and 
complains still daily of it. Sworn as above. 

A witness deposed, June 1656, that he was at Goodman 
Walford's 30th March 1656, at the time mentioned by Mrs. 
Trimmings, and that Goodwife Walford was at home till quite 
dark, as well as ever she was in her life. 

Nicholas Howe, testified that Jane Walford, shortly after she 
was accused, came to the deponent in bed in the evening and 
put her hand upon his breast so that he could not speak, and 
was in great pain till the next day. By the light of the fire 
in the next room it appeared to be Goody Walford, but she 
did not speak. She repeated her visit about a week after and 
did as before, but said nothing. 

Elisa Barton, deposed that she saw Susannah Trimmings at 
the time she was ill, and her face was coloured and spotted 
with several colours. She told the deponent the story, who 
replied, that it was nothing but her fantasy ; her eyes looked 
as if they had been scalded. 



1656.] FROM MASSACHUSETTS RECORDS. 219 

John Puddington, deposed, that three years since Goodwife 
Walford came to his mother's — She said that her own husband 
called her an old Witch ; and when she came to her cattle, her 
husband would bid her begone, for she did overlook the cattle, 
which is as much as to say in our country, bewitching. 

Agnis Puddington, deposes, that on the 11th of April, 1656, 
the wife of W. Evans came to her house and lay there all 
night ; and a little after sunset the deponent saw a yellowish 
cat; and Mrs. E. said she was followed by a cat wherever she 
went. John came, and saw a cat in the garden — took down 
his gun to shoot her; the cat got up on a tree, and the gun 
■would not take fire, and afterwards the cock would not stand. 
She afterwards saw three cats — the yellow one vanished away 
on the plain ground : she could not tell which way they went. 

John Puddington testifies to the same effect. 

Three other deponents say, they heard Eliz. the wife of 
Nicholas Howe, say, there were three men witches at Straw- 
berry Bank, one was Thomas Turpin who was drowned ; 
another, old Ham, and the third should be " nameless, because 
he should be blameless." Goodwife Walton was bound over 
to the next Court. 

Court of Associates, June, 1656. 

Jane Walford being brought to this court upon suspicion of 
being a Witch, is to continue bound until the next court, to be 
responsive. 

This complaint was probably dropped at the next term. Good- 
wife Walford brought an action of slander in the County 
Court, 22d March 1669, against one Eobert Coutch, and laid 
her damages at one thousand pounds. Declaration in an action 
of slander for saying that the said Jane was a Witch, and he 
could prove her one, which is very greatly to her damage. 
Verdict for plaintiff, Walford, five pounds and costs of court.* 

*The first execution for witchcraft in New-England, was in 1648. 

•'At this [General] Court one Margaret Jones of Charlcstown was in- 
dicted and found guilty of witchcraft and hanged for it. The evidence 
against her was, 1, that she was found to have such a malignant touch, as 
many persons (men, women, and children) whom she stroked or touched 
with any affection or displeasure, or etc. were taken with deafness, or vom- 
iting or other violent pains or sickness; 2, she practising physic, and her 



220 PROVINCE PAPERS. [1656. 

May 6, 1656. 

To the Honored the Generall Court now assembled in Boston. 

The petition of the Inhabitants of the town of Dover. 

That whereas the welfayre of any society, whether exlesias- 
ticall or politicall doth much depend upon the upholding of an 
able ministry, the principall means for the well carrying 
whereof is the settlement of a people in theire just Proprietyes 
for which end your humble petitioners have according to their 
utmost endeavours engaged £170 per annum for the mainte- 
nance thereof. 

In which undertakinges thej'^ find no small discouragement 
from some certen clames &devissions of Pattents grounded up- 
on some former Act of this Generall Court which as they 
apprehend takes away their Just rights & consequently dis- 
enables them from their continued upholding of the ministry 
amongst them. 

Our humble request to the Honored Court is that you would 
take our case into your wise and serious consideration, soe as 
to determine a just settlement of our Interest & a removall of 

medicines being such things as (by her own confession) were harmless, as 
aniseed, liquors, etc., yet had extraordinary violent effects; 3, she would 
use to tell such as would not use her physic, that they would never be 
healed, and accordingly their diseases and hurts continued, with relapse 
against the ordinary course, and beyond the apprehension of all physi- 
cians and surgeons ; 4, some things which she foretold came to pass ac- 
cordingly ; other things she could tell of (as secret speeches, etc.) which 
she had no ordinary means to come to the knowledge of; 5, she had, upon 
search, an apparent teat in her secret parts, as fresh as if it had been new- 
ly sucked, and after it had been scanned, upon a forced search, that was 
■withered, and another began on the opposite side ; 6, in the prison, in the 
clear day-light, there was seen in her arms, she sitting on the floor, and 
her clothes up, etc. a little child, which ran from her into another room, 
and the officer following it, it was vanished. The like child was seen 
in two other places, to which she had relation; and one maid that saw it, 
fell sick upon it, and was cured by the said Margaret, who used means to 
that end. Her behavior at her trial was very intemperate, lying noto- 
riously, and railing upon the jury and witnesses, etc. and in the like dis- 
temper she died. The same day and hour she was executed, there was a 
very great tempest at Connecticut which blew down many trees, etc." 
"Winth., 2, p. 397. 



1656.] FROM MASSACHUSETTS RECORDS. 221 

future in these respects which otherwise we feare will endan- 
ger (if not by your care speedily prevented) the exterpation of 
both church & common weale amongst us. 

Yours in all service to be commanded. In the name & be- 
halfe of the Towne. 

ElCHARD WaLDERNE. 



14 May, 1656. 4, p. 226. 

In answer to the petition of the towne of Hampton for more 
full satisfaction and for prevention of further discord betweene 
the townes of Salisbury & Hampton it is ordered that Mr 
Sarauell Dudley with the former comittee, or any two of them 
shall againe consider of the case, and heere the allegations of 
both parties and j^resent a retourne with a plat drawne & 
signed by some artist at the next session of this court, with 
theire full determination & explanation of the line between the 
said townes, the charg thereof to be borne by Hamption. 

May 22, 1656. 

We whose names are hereto subscribed according to an or- 
der of the honored Generall Court in November 1655, appoint- 
inge us to make a first devision of the Pattent of Swamscott 
doe thus make our returne. 

When we come to peruse the Pattent we found it to extend 
for the length of it from the lower part of the lliver Pascata- 
quack on the south side of said lliver unto the falls of said 
Eiver at Exeter, & for breadth along the said Eiver 3 miles 
from the falls of the head lyne for the breadth of it, which 
head lyne we run upon a southeast poynt of the compass 
which ended three quarters of a mile beyond Aspe brooke 
towards Hampton about 40 pole beyond or below the high way 
where we marked a great red oak on fowre sides. 

2dly. From the said head lyne we measured for the length 
on the Northeast poynt of the Compass 6 miles & a halfo the 
which extended to that part of the bay near Winicott River. 

3dly. We measured a second cross line for breadth beginning 
at Squamscott house extending it 3 miles upon the south east 
poynt where we did mark several pine trees. The rest of the 



222 PROVINCE PAPERS. [1656. 

land belonging to the Pattent about & below the great bay we 
understood to be impassable as to measuringe by reason of the 
exceedinge thick swamps ; but we took the best information 
we might of divers & severall inhabitants of the great Bay & 
Straberry Banke & their reports agreed viz., that from the 
lower part of the bottom of the Bay neere Capt. Champoun's 
house to the Kiver neere the Boyling Rock or thereabout all 
the neck of land within that Lyne unto the little Bay Con- 
tayninge as neere as men of best experience can informe about 
4 miles square being all within the Pattent. And whereas 
from the easterly part of the great Bay, being a part of the 
river, we should have measured 3 miles into the land we find 
in that place by credible information the land so narrow to the 
seaward that we can allow no more according to the intent of 
the Pattent as we understand it than one mile and a halfe to 
be run from each poynt of the bottom of the Bay upon an 
easterly line into y^ land. 

To the matter of service appoynted unto us by the Generall 
Courte concerning divission of the Pattent, we finding the 
present owners to be of three sorts or ranks we have therefore 
agreed to make three severall divissions. The first division 
being 8 shares & one quarter belonging to Mr Nathaniel Gard- 
ner, Mr Tho. Lake & partners, we assign and lay out to them 
all the land from Bloody Point unto the boyling Rock for 
breadth or thereabouts & for length extendinge to the lower 
lyne of the middle devission which is about 40 pole from Sandy 
Poynt & so the lyne running Southeast 3 miles in the land as 
also the land lying upon the bottom of the great Bay, being 
or extendinge one mile & halfe from every part of the bottom 
of the bay upon an east'ly lyne into the woods in which di- 
vision of the land & marsh graunted unto Dover by the gen- 
erall Court shall be & remayne to them forever viz., the land 
from Kinges Creeke to a certain Cove neere the mouth of the 
great Bay called Hogstye Cove with all the marsh from that 
place round about the bay up to Cotterills Delight with 400 
acres of upland as it graunted by the Court, bounded layd out 
and possessed by the inhabitants of Dover with 50 acres of 
upland more about or neere the great Bay with 50 acres to 



1656.] FROM MASSACHUSETTS RECORDS. 223 

be layd out and disposed of by Capt. Richard Walden to some 
of the inhabitants of Dover, whom he sees fitt. 

The second division being 8 shares & one quarter belonging 
to Capt. Thomas AViggan & partners, who have purchased & 
obtained the same, we assigne & lay out 3 miles square begin- 
ning at a plump of trees standing on a peece of old planting 
land about 40 poles below Sandy poynt, & up the river upon a 
streight line toward Exeter, the River being the bounds of it 
on the North side & at each end to run a lyne upon the south- 
east poynt of the Compass 8 miles into the land there to 
bound it on that side, Provided that Capt Tho Wiggan pay 
unto the other two thirds the sum of £66 ISs 4d according to 
their shares and proportions in boards within 6 months if de- 
manded Avhich he is to pay at either of his saw-mills in Pas- 
cataquack river. 

To the third division being 8 shares & one quarter belonging 
to the Shrewsbury men, to which we assigne & lay out all that 
land from the uppermost lyne of the middle division to the 
mouth of the Creeke called Mr Wheelwrights creeke, the 
same to run 3 miles towards Hampton upon a southeast lyne 
all the land between this lyne & Exeter falls to the full extent 
of the Lyne to ly[e] to Exeter, being graunted to them by 
deed of gift by Capt. Wiggan sole agent for tho Company. 

The Court allows & approves of the ( Samuel Winslow, 
returne of this Committee as is here -| Wm Bartholomew, 
exj)rest. (_ Samuel Hall. 



Squamscott 

Propositions to the Hon'' Gen'll Court the 22d of the 3d mo 
1656, for settlinge & fully endinge the long continued differ- 
ences between the Pattentces of Squamscott & Dover & the 
neibor townes. 

1. For the furtherance of the same, Capt. Tho. Wiggan & 
Thomas Lake freely surrender & give up all their interest & 
titUe & clayme in the lands of tho Pattent called Winnicahan- 
natt, or Hilton's poynt unto tho inhabitants of Dover forever, 



224 PROVINCE PAPERS. [1656. 

exceptinge all the lands and bowses, which the owners im- 
proved at Dover in their planting fields, which is about 16 
acres more or less which remaynes to the sayd owners their 
heirs & assignes forever. 

2. That the Court grannt & give unto the third devision of 
Squamscott layd out to Mr Nathaniel Gardner, Thomas Lake 
& partners of that devision 4125 acres of land to be layd out 
to them or their assignes either to them together or to each 
part or share 1000 acres, theire being 8 shares and i in that 
division. 

3. That the charge of the division is 20£. 

4. Whereas in the first division layd out to Mr Gardner & 
Thomas Lake there is much lands in the possession of Strabery 
bank, which is still in difference — That the Court will impow- 
er some Commissioners with full power to end all differences 
whatsoever between the said town of Strabery Bank & owners . 
as also between Hampton & them, the said owners of the first 
division. Thomas Wiggan, 

Thomas Lake. 

The Court judged meet to accept of the surrender here ex- 
prest, and do grant what is desired to the gent, as is mentioned 
herein & doe order that Maj. William Hathorne Mr Wm Bar- 
tholomew & Mr Samuel Hall shall be and hereby are impow- 
ered and authorized by the Generall Court as Commission- 
ers to (determine & conclude) treat with the inhabitants of 
Hampton & Straberry bank & on a full hearing to determine 
& conclude what they judge meet to be given by the townes 
& accepted of by the person, & to make their returne to the 
next Court who are to be allowed for their paynes at the 
Charge of the parties as the Commissioners shall judge. C. 
Rec, vol. 3, pp. 108, 109. 

May, 1656. 3, p. 403. 

In answer to the petition of the towne of Hampton, for 
Bcttlinge of the boundes betwixt them & Salsbury, this Court 
orders for a more full satisfaction, & preventing of further dis- 
cord between the townes, that the former Comittee, or any 
two of them, together with Mr Dudley, doe agayne consider 
of the case, & here the alegations of both partyes, & present a 



1656.] FROM MASSACHUSETTS RECORDS. 225 

returne with a plat drawne & signed by som artist at the next 
session of this Court, with their full determination and ex- 
planation of the line between the s*^ townes, & the charges to 
be borne by Hampton only. 



Oct. 14, 1656. 

Several of the inhabitants of Norfolk desiring to list them- 
selves for troops, and to begin to rayse a troop of horse in that 
County have their request granted & they to enjoy the privi- 
ledges of Troops, provided their numbers and furniture be 
sufficient according to law. C. Eec, vol, o, p. 190. 

14 October, 1656. 3, p. 420. 

There having bin heretofore an order of this Court, appoint- 
ynge severall comissioners to settle the bounds between Hamp- 
ton & Salsbury, which is not yet effected, the s*^ comissioners 
not appearinge, that a finall issue may bo put thereunto, this 
Court doth appoynt Capt Brian Pendleton, Mr Georg Gittens 
Robt. Lord, & Ensign Howlett, or any three of them, to settle 
all differences between the two townes, in reference to their 
bounds according to the last order of this Gen'U Court, make- 
inge their returne to the next court of election. 

IV, p. 268. 

Whereas hitherto by appointment the County Court of 
Dover hath binn kept, begining upon the last Tuesday in June 
and the Court for the County of Yorke, begining upon the 
Thirsday following, for the more inlargement of time unto the 
said courts, it is ordered, that Dover Court shall beginne as 
before, and the Courte for Yorke on the Monday following 
and that Capt. Thomas Clarke shallbe assistant with Capt. 
Thomas Wiggins this yearo to keepe the County Courts of 
Yorkshire & Dover. 

15 



226 PROVINCE PAPERS. [1656. 

Quakers. 

14 October, 1656. 4 (Ist), p. 277. 

Whereas there is a cursed sect of hereticks lately risen up 
in the world, which are commonly called Quakers, who take 
upon them to be immediately sent of God, and infallibly assist- 
ed by the spirit to speake & write blasphemouth opinions, de- 
pising government & the order of God in church & comon- 
wealth, speaking evill of dignities, reproaching and reviling 
magistrates and ministers, seeking to turne the peeople from 
the faith, & gaine proselites to theire pernicious waies, this 
Court, taking into serious consideration the premises, and to 
prevent the like mischiefe as by theire means it wrought in 
our native land, doth hereby order and by the authoritie of 
this Court be it ordered and enacted, that what master or 
comander of any ship, barke, pinnace, catch, or any other ves- 
sell that shall henceforth bring into any harbour, creeke or 
cove within this jurisdiction any knowne Quaker or Quakers, 
or any other blasphemous hereticks, as aforesaid, shall pay, or 
cawse to be paid, the fine of one hundred pounds to the Tres- 
urer of the countrie, except it appeare that he wanted true 
knowledge or information of theire being such, and in that 
case he hath libertie to clear himself by his oath when suffi- 
cient proofe to the contrary is wanting, and for default of pay- 
ment, or good securitie for it, shall be committed to prison, & 
there to continew till the said some be sattisfied to the Tres- 
urer as aforesaid, and the comander of any such ship or vessell 
that shall bring them, (being legally convicted) shall give in 
sufficient security to the Governor, or any one or more of the 
magistrates who have power to determine the same, to carry 
them back to the place whence he brought them, and on his 
refusall so to doe, the Governor or one or more of the magis- 
trates, are hereby impowered to issue out his or theire war- 
rants, to comitt such master or comander to prison, there to 
continew till he shall give in sufficient security to the content 
of the Governor or any of the magistrates as aforesaid. And 
it is hereby further enacted and ordered, that what Quakers 
soever shall arrive in this countrie from forraigne parts, or 
come into this jurisdiction from any parts adjacent, shall be 



1657.] FROM MASSACHUSETTS RECORDS. 227 

forthwith comitted to the house of correction, and at theire 
entrance to be severely whipt, and by the master thereof be 
kept constantly to work, & none suffered to converse or speak 
with them during the time of theire imprisonment which shall 
be no longer than necessitie requireth. 

And further it is ordered, if any person shall knowingly im- 
port into any harbor of this jurisdiction any Quakers bookes 
or writings concerning theire divilish opinions, shall pay for 
every such booke or writing, being legally proved against him 
or them, the some of five pounds, and whosoever shall disperse 
or conceal any such booke or writing and it be found with him 
or her, or in his or her house, and shall not imediately deliver 
the same to the next magistrate, shall forfeite and pay five 
pounds for the dispersing or concealing of every such booke 
or writing. And it is hereby further enacted, that if any per- 
son within this colonic shall take upon them to defend the 
heretticall opinions of the said Quakers, or any of theire books 
or papers as aforesaid, ex animo, if legally prooved shallbe 
fined for the first time, forty shillings; if they persist in the 
same and shall so againe defend it, the second time fower 
pounds, if still, notwithstanding, they shall againe so defend & 
maintaine the said Quakers heretticall opinions, they shallbe 
comitted to the bowse of correction till there be convenient 
passage for them to be sent out of the land, being sentenced 
by the court of Assistants to banishment. Lastly, it is hereby 
ordered, that what person or persons soever shall revile the 
office or person of magistrates or ministers, as is usuall with the 
Quakers, such person or persons shallbe severely whipt, or pay 
the some of five pounds. This order was published 21, 8mo. 
'56, in several places of Boston, by beate of drumme. 



6 May, 1657. 3, p. 431. 

Capt. Rich. Walden, a deputy for Dover, having urgent oc- 
casion, upon his request is dismist the Court. 

Ill, p. 433. 

Whereas the lands & proprieties of the honord Capt Wiggin 
hath not hitherto bin brought within the lymitts of any towne 



228 PROVINCE PAPERS. [1657. 

nor bin lyable to pay taxes & assessments as others of our 
honored magistrates have done, it is therefore ordered by this 
Court, that henceforth the now dwelling house of the said 
Capt. Wiggan, together with all the lands & proprietyes there- 
to apperteyning shall belonge to the towne of Hampton & by 
the select men of the a"^ town to be assessed in all rates accord- 
ing to law, any custom or usag to the contrary notwithstand- 
ing, & that for the tyme past he allow only the sume of 511 to 
the publick treasury. 

6 May, 1657. 4, p. 297. 

In answer to the petition of severall inhabitants of Ports- 
mouth, it is ordered in answer to this petition for the setling 
of a minister, as also the meeting howse at Portsmouth,* 
and for prevention of further inconveniences touching the 
same, that the petitioners nominate and choose one man, the 
rest of the inhabitants another, and the County Court at Do- 
ver a third, who are hereby authorized to goe on the place, 
and to heare what on both sides shall be alleadged in the pre- 
mises, and determine the same as they shall judge best con- 
ducing to the peace and welfare of the towne; and in case the 
parties shall refuse to proceed to choose as above is exprest, 
then it is referred to the said County Court at Dover to make 
such order therein as they shall judg best conducing to that 
end & cawse retourne to be made to the next Court. 

* "On the 27th day of August, the town empowered Bryan Pendleton, 
John Cutt, Eichard Cutt, William Seavey, and Henry Sherburne, the Se- 
lectmen, to build a new meeting house, which they accordingly erected 
two or three rods to the southward of the mill-dam, on the crotch of the 
roads leading to the pound and Frame-point." 

" The inhabitants voted to give a call to Mr. Woste7' to settle with them 
in the ministry, in case they could agree with him after he had made a 
visit and preached there." It is uncertain whether he ever preached 
there. 

1658. "Joshua Moody began his ministerial labours in this Town, the 
beginning of this year. He was at first supported by subscription, — 
eighty-six persons having subscribed for that purpose." Ad. An. Ports- 
mouth. 



1057.] FROM MASSACHUSETTS RECORDS. 229 

15 May, 1G57. 4, p. 307. 

We, whose names are under written, being appointed by the 
Generall Court to lay out two hundred acres of land for Mr 
Edward Rawson, secretary, have donne accordingly as fbllow- 
eth : on the east side of Quochccho River, we have ordered 
one hundred acres, beginning at a beech tree neere the river, 
marked as in the margent, and from thenc to runne northward 
fouer score rod, and from the marked tree eastward two hun- 
dred rods, and one hundred acres on the west side the river, a 
little below the Indian path, beginning at a white pyne marked 
as aforesaid, and from thence to runne southward, but could 
not further determine untill Dover hath layd out their bounds- 
The above path lyeth about three miles above Peter Cofyns 
house. Dated this 4th May, per us, — 

Bryan Pendleton, 
Peter Coffyn. 



Quakers. 

15 May, 1657. 4, (p. 1st), p. 308. 

Att a Generall Court, held at Boston, 14th of October, 1657. 

The Court mett againe at the time appointed. 

As an addition to the late order in reference to the coming 
or bringing in any of the cursed sect of the Quakers into this 
jurisdiction, it is ordered that whosoever shall from henceforth 
bring or cause to be brought directly or indirectly, any knowne 
Quaker or Quakers, or other blasphemous hereticks into this 
jurisdiction, every such person shall forfeitt the some of one 
hundred pounds to the countrie, and shall by warrant from 
any magistrate be comitted to prison, there to remain till the 
penalty be satisfied and paid; and if any person or persons 
within this jurisdiction shall henceforth entcrtaine and con- 
ceale any such Quaker or Quakers, or other . blasphemous 
hereticks (knowing them so to be), evcr}^ such person shall 
forfeite to the countrye forty shillings for ever bowers enter- 
tainment and concealment of any Quaker or (Quakers as afore- 
said, and shall be comitted to prison as aforesaid till the 
forfeitures be fully sattisfied and paid. And it is further or- 



230 PROVINCE PAPERS. [1657. 

dered, that if any Quaker or Quakers shall presume, after they 
have once suffered what the lawe requireth, to come into this 
jurisdiction, every such male Quaker shall, for the first offenc 
have one of his eares cutt off, and be kept at worke in the 
howse of correction till he cann be sent away at his owne 
charge, and for the second offenc shall have his other eare cutt 
off, &c., and kept at the house of correction as aforesaid; and 
every woman Quaker that hath suffered the lawe heere that 
shall presume to come into this jurisdiction, shall be severely 
whipt, and kept at the howse of correction at work till she be 
sent away at hir owne charge, and so also for hir coming again 
she shall be alike used as aforesaid ; and for every Quaker, he 
or she, that shall a third time herein againe offend, they shall 
have theire toungues bored through with a hot iron, & kept at 
the house of correction, close to worke, till they be sent away 
at theire owne charge. And it is further ordered, that all and 
every Quaker arising from amongst ourselves, shall be dealt 
with & suffer the like punishment as the lawe provides against 
forreigne Quakers. 



23 October, 1657. 4, p. 314. 

In answer to the petition of Major Gen'll Daniel Dennison 
desiring that the five hundred acres of land graunted to him 
by this Court to be laid out on Conecticott River in two places, 
may be graunted him to be laid out to him either at Pepna- 
quooke on either side of the Merremacke River, or neere Pa- 
comsickqucke about 3 or 4 miles beyond Merremack River, 
about sixe or eight miles below Patucket, as he shall find most 
convenient for him to choose, the Court graunts his request 
provided it hinder no former graunts. 

23 October, 1657. 4, p. 316. 

Wee, whose names are here unto subscribed, being appoint- 
ed by the honnored Genrall Court to consider and determine 
the bounds betweene the two tounes of Hampton and Salis- 
bury, we having binn upon the lands in difference betweene 
the said townes, and having heard the allegations on both 
sides, doe, according to our best light and understanding, de- 



1657.] FROM MASSACHUSETTS RECORDS. 231 

tertnino after due observation of all former orders, as follow- 
eth, viz : That the bounds betweene the two towncs moncioncd 
towards the sea is to bo upon a streight lyne beginning at the 
niidlo of Hampton River mouth, and running upwards unto a 
marked tree, being and standing at the uppermost corner of 
the farme comonly called Mr Batchilers farme, the said lyne 
to runne upon a west north west pointe of the compass nearest, 
and the said line being so runne by both tounes, & marked out 
according as Capt Shapleigh hath now drawne the platt. Wee 
agree, upon consideration of all pleas, that the toune of Salis- 
bury shall bave and enjoy thirty acres of marsh on the north 
side of the said line, towards Hampton, at the lower end of 
the said line, to be laid out by both tounes and adjoyning to 
the line. Also for the upper line into the woods wee deter- 
mine that the line shall runne from the marked tree before 
mencioned upon a west and by north line, nearest according 
as Captaine Shapleigh hath given in the line of the treading 
of Merremacke Kiver, the which wee conclude to be the bounds 
betweene the said two townes, unto their utmost extent to- 
wards Haverill. Wee doe further declare, that what marsh 
the towne of Salisbury hath laid out to any of theire inhab- 
itants that shall fall within the lyne above menconed, towards 
Hampton, they shall enjoy, and so much more as shall make 
up the whole thirty acres, to be laid out belowe the proprie- 
ties if there to be found, or els above, joyning to the line; and 
this wee give as our determination in the business to us com- 
itted, concerning the premises. 

Wittnes our hands this od day of the 5th mo. 1657. 

John Apleton, 
Joseph Medcalf, 
Wm. Bartholomew, 
Dan. Pearse. 

It is ordered, that the retourne of the comittee above men- 
cioned which this Court allowes & approves of, shall stand & 
be a finall determiniation of the case in controversie betweene 
the two townes. 



232 PROVINCE PAPERS. [1658. 

May 19, 1658. 

Whereas information hath been given to this Court that sev- 
erall of the soldiers at Portsmoutli doe apprehend themselves 
not under the command of their Commander according to the 
law of this Jurisdiction, but accompt themselves at liberty so 
as to trayne when they please, This Court thinks nieete to de- 
clare that the Souldgers of the Towne aforesaid, & all others 
lying within the extent of our Lyne are subject to the same 
way and order of discipline with ourselves & ought to attend 
theire owne Commanders therein, & in case of any remissness 
therein to be lyable to the same fines as ourselves in the law 
expressed. C. Eec, vol. 4, p. 282. 

19 May, 1658. 4, p. 329. 

It is ordered, that the inhabitants of Portsmouth shall at- 
tend all military service under the coraand of Capt. Brian Pen- 
dleton, according to the lawes of this jurisdiction; and further, 
it is declared, that this Court doth expect that all the inhab- 
itants of Pascataqua doe attend the observance of our lawes, 
in particular those concerning the selling of strong liquors, 
and good order to be kept in ordinaries, and that the Court 
comissioners and officei's there to take speciall care therein. 



Commissioners power, &c. 

Whereas some complaints have been brought into this Court 
by the inhabitants of the other side of the River of Piscata- 
qua of divers disorders & inconveniences, which do daily ai'ise 
for want of Government being orderly settled to the furthest 
extent of our lyne in the Easterne parts, It is therefore oi-dered 
by the authority of this Courte that Mr Samuel Symonds & 
Capt. Thomas Wiggins being joined with the County Court of 
York, or any three of them, shall have Commission graunted 
unto them & as full power thereby given them to take the 
residue of the Inhabitants residing within our lyne as hath bin 
graunted to former Commissioners in the like cases, to which 
purpose the Commissioners aforesaid are to repaire to Black 



1658.] FROM MASSACHUSETTS RECORDS. 233 

Point, Richmond Island & Cisco, or to some such one place 
within the County of York as thej^ shall Judge mccte, there to 
take in the inhabitants thereof into our Jurisdiction. And 
whereas further complaint hath binn exhibbited to this Court 
of Inconviencncyes which doe commonly arise in Saco & some 
other places in the County of Yorke through the weakness of 
their Towne Commissioners for want of some person or per- 
sons to joyne with them in Commission for the better manage- 
ment of those affayres, It is therefore ordered that the afore- 
said Commissioners shall have full power as they judge meete 
to Confirme such person or persons as the said Towne or 
Townes shall present, to bo Assistants to the said Towne Com- 
missioners from time to time in their Judiciall Affaires. C. 
Eec, vol. 4, p. 282. 

IV, p. 348. 

Itt is ordered that Capt Thomas Wiggin shall and hereby is 
impowered to administer the commissioners oath to Capt. Bri- 
an Pendleton, Henry Sherborne, & Elias Stileman for this 
yeare, when they repaire to him, signifying under the consta- 
bles hand the legallity of theire choice for that end for the 
towne of Portsmouth. 

IV, p. 350. 

Itt is ordered by this Court and the authoritie thereof, that 
the Comissioners of Dover and Portsmouth, & Yorke, shall 
annually choose some meete persons in their several townes 
to levy the summe of seventeene pounds tenn shillings, paj'a- 
ble to the countrie Tresurer as also for the arrears that are 
behind since the order was made for the payment thereof; and 
that all the inhabitants to the eastward of Exeter bounds, with 
Mr Ililtons plantation, sliall bo accounted within this county 
& for the county of Yorke, to take in all the inhabitants, ex- 
cept those of Scarborough and Falmouth.* 

*19 : 2. [16]58. Voetcd at thois Publick meeting, that this order follow- 
ing shall Bee an instrucktion for our Dobetcy, that is to saye, our Debetey 
Capt. Richard Wallden shall not consent to the passage of anio Ackt con- 
serning the infringing of our preveledges concerning customes or the 
Bevcr traid or anie preveloges wich formerly we have Injoyed, but shall 
Enter his dissent Against all sucli ackts as shall or may take away our 



234 PROVINCE PAPERS. [1659. 

1659, 18 October. 4, p. 382. 

Left. Christopher Hussie for Hampton em- 
powered to joyne in marriage such persons within their re- 
spective lymitts as shall desire the same — being published ac- 
cordinir to lawe. 



Quakers. 

18 October, 1659. 4, pp. 383-4. 

Itt is ordered that Wra. Eobinson, Marmaduke Stephenson, 
& 31ary Dyer, Quakers, now in prison for theire rebellion, sedi- 
tion & presumptuous obtruding themselves upon us, notwith- 
standing theire being sentenced to banishment on paine of 
death, as underminers of this government, &c. shall be brought 
before this court for their trialls to suffer the penalty of the 
lawe (the just reward of theire transgression), on the morrow 
morning, being the nineteenth of this instant. 

Wm. Eobbinson, Marmaduke Stephenson, & Mary Dyer, 
banished this jurisdiction by the last Court of Asistants on 
paine of deathe, being committed by order of the Generall 
Court, were sent for, brought to the barre, acknowledged 
themselves to be the persons banished. After a full hearing of 
what the prisoners could say for themselves, it was put to the 
question, whither Wm. Eobbinson, Marmaduke Stevenson, & 
Mary Dj^er, the persons now in prison, who have binn convict- 
ed for Quakers, & banished this jurisdiction on paine of death 
should be putt to death according as the lawe provides in that 
case. The Court resolved this question in the affirmative; and 

former Kiet [right?] and that our debetie doe Bring all such lawes as are 
macked at this Cortt as other Debeties doe. Dover Town Kec. A. H. Q. 

5, 2 mo., 1658. At a publique Towne Meetinge held the 5: 2 mo. 58. 

It is agreed by ye selectmen together with ye Towne, that Twenty 
pounds pr annum shall be yearly rayzed for the mayntenance of a Shool- 
master in the Town of Dover, that is to say for the teachinge of all the 
children within the Township of Dover, the said schole master having the 
Privelegde of all strangers out of the Township aforesaid : the sd Master 
also to have to reid, write, cast accompt - - . - as the parents shall 
require. Dover Town Kec. A. H. Q. 



1659.] FROM MASSACHUSETTS RECORDS. 235 

the Governor, in open Court declard the sentanc to Wni Rob- 
binson, that was brought to the barr. Wm Robinson, yow 
shall goo from hence to the place from whence you came, & 
from thence to the place of execution and there hang until 
yow be dead. The like sentanc the Governor, in open Court, 
pronounced against IMarmaduke Stephenson & Mary Dier, be- 
ing brought to the barre one after another, in the same words. 

Whereas Wm. Hobbinson, Marmaduke Stephenson & Mary 
Dier are sentenced by this Court to death for theire rebellion 
&c, it is ordered, that the Secretary issue out his warrant to 
Edward Michelson, marshall generall, for repairing to the 
prison on the twenty seventh of this instant October, & taek 
the said William Robbinson, Marmaduke Stephenson & IMary 
Dyer into his custody, & them forthwith, by the aide of Capt. 
James Oliver with one hundred souldiers, taken out by his 
order proportionably out of each company in Boston, com- 
pleately armed with pike, & musketteers, with pouder and 
bullett, to lead them to the place of execution, & there see 
them hang till they be dead, and in theire going, being there, 
& retourne, to see all things be carried peaceably & orderly. 
Warrants issued out accordingly. 

It is ordered, that the Reverend Mr Zachery Simes & Mr 
John Norton, repaire to the prison, & tender theire endeavours 
to make the prisoners sencible of theire approaching dainger 
by the sentence of this Court, & prepare them for theire ap- 
proaching ends. 

Whereas Mary Dj-er is condemned by the Generall Court to 
be executed for hir offences ; on the petition of William Dier, 
hir Sonne, it is oi-dered that the said Mary Dyer shall have 
liberty for forty eight bowers after this day to depart out of 
this jurisdiction, after which time, being found therein, she is 
forthwith to be executed, & in the meane time that she bo 
kept close prisoner till hir sonne or some other be ready to 
carry hir away within the aforesaid time ; and it is further 
ordered, that she shall be carried to the place of execution, & 
there to stand upon the gallowes, with a rope about her necke, 
till the rest be executed, & then to retourne to the prison & 
remaine as aforesaid. 



236 PROVINCE PAPERS. [1G61. 

12 November, 1059. 4, p. 404. 

Upon a motion made to this court in refference to the keep- 
ing of Hampton Court, it is ordered, that Major Humphrey 
Atherton be joyned with Mr Eussell & the rest of the magis- 
trates appointed to keepe the said court at the time appointed. 



1660, 31 May. 4, p. 425. 

In ans' to the petition of the inhabitants of Oyster Eiver, it 
is ordered, that Major Atherton joyne with Capt Wiggens in 
keeping the next County Court at Strawbery Banke & Yorke, 
and that he, w"^ the rest of the comissionei's joynd with him 
for examining & settleing the respective interests & rights of 
Mr Foxwell, Jourdan & Phillips, doe heare, examine, & deter- 
mine the matter in defference betweene Dover & Oyster Eiver, 
and that all parties concerned therein doe attend the same at 
Strawbery Bancke, at the aforesaid court, and that any three 
of the comissioners, Major Atherton being one, be impowered 
to act in all the premises. 



1661. 

To the Right Worshipfull and much honored Generall Court now 
assembled at Boston, the complaint of severall persons whose 
names are underwritten to which many others might he added 
if desired. 
Humbly sheweth, 

That whereas it hath been much observed and a long time 

taken notice of, that Edward Colcord, a man netoriously 

hath many years vitiously lived, to himself, and disorderly 
towards others, what by vexatious suits and fraudulent dealings 
in severall respects, by cheating and cozening, by wresting 
mens estates out of their hands, by coller of law, by revileing 
their psons, by fomenting of strifes, by raising discord among 
neighbors, by false swearing before a court, by takeing all 

advantages to insure men, whereby to get something for 

himself, it may seem strange, that this man hath runn this 



IGGl.] FROM MASSACHUSETTS RECORDS. 237 

course, without any restraint, unlesc being debarred from 
pleading & being made incapable of giving in testimony, but 
what by his fair speeches deluding many by subtile contrivan- 
ces and underhand practices he hath hitherto evaded the hand 
of justice, the time was, that proceeding so farr as to lash out 
against the Worshipfull Captaine Wiggin in casting foul slan- 
ders upon him, there was an intent by some to have wrought 

out these villaines to a before authority, which the same 

Edward Colcord fearing and foreseeing his condign punish- 
ment, made an escape and rann away from the town wherein 
he lived, & the places adjacent quickly perceived by their 
peace and quietness what a blessing it was to be freed from 
such an incendiary, heo travelling from place to place till every 
place was weary of him, supposing that by length of time in- 
juries might be forgotten and the heat of our spirits somewhat 
allayed, he returned again & for a short season applied himself 
to some orderly living ; but a man habittuated in all manner 
of wickednesse is not so easily reclaimed, he taking up his 
former wont persisting in the same and that nothing might 
be wanting to fill up his measure, he hath anew vilified the 
chiefest of our magistrates and abused them by opprobrious 
terms. 

The subscribers to this complain having a deep sense of these 
mischiefs and expecting no end therof from him, that their 
might be secured and the names goods of other pre- 
served, have drawne forth a portrature or charge of this Col- 
cord & present to the wise of that much honored Court, 

not knowing any other way remedy of the aforesaid 

evils. 

The subscribers hereunto will be ready to make good what 
charges are given in this complaint. 

Thomas Coleman, Thomas Ffilbrook, 

Timothy Dalton, William Ffiffield, 

John Brown, Humphrey Wilson, 

John Will Fful 

William Godfrey, Robert Nam — ? 

Robert Tuck, 

[Hampton, IGGL] His. Mem., No. 97. A. H. Q. 



238 PROVINCE PAPERS. [1661. 

22 May, 1661. 4, pt. 2, p. 11. 

In answer to the petition of several inhabitants of Hampton, 
complayning ag' Edward Colcord for scandelous living by 
cheating & cousening, vilefying magistrates, &c, as in the s** 
petition is exprest, the Court judgeth it meete to referr the 
examination of the complaint to the County Court at Hamp- 
ton, & if by due proofs found to be true, they are empowered 
to punish him according to his demeritts. 

Att the Court held at Hampton, y'' 8th, 8th mo. 1661, upon 
the complaint preferred against Edward Colcord at the Gen- 
eral Court & referd to this court to hear and determine — This 
Court having found him guilty of many notable misdemeanors 
and crimes, some ag* Authority and some ag' persons in 
authority, some cheeting of men in their estates, some in caus- 
ing needlesse and vexatious suits in law & other disturbances 
among the people : He is sentenced as followeth, viz., to pay 
a fine of five pound to y® Treasurer of this County ; 21y to bee 
committed to the house of correction att Boston, not theare to 
be discharged, unless there bee bond taken to the vallue of 

with suflBcient sureties for his good behaviour, and in 

prticular that hee sue no man at any time hereafter without 
putting in good security to satisfye y^ partie sued what shall 
be recovered of him by authority from time to time & costs. 

This is a true copie taken out of the Records for Norfolk, as 
attest. Tho. Bradbury, Rec. 

The constable is to see these orders of court forthwith put 
in execution. Tho. Bradbury, Rec. 

Hist. Mem., No. 97. A. H. Q. 



Quakers. 

22 May, 1661. 4, pt. 2, pp. 3, 4. 

This Court, being desirous to try all meanes, with as much 
lenity as may consist with our safety, to prevent the intrusions 
of the Quakers, who, besides theire absurd & blasphemous doc- 
trine, doe like rouges & vagabonds come in upon us, & have 
not bin restrained by the lawes already provided, have ordered 
that every such vagabond Quaker found within any part of 



1661.] FROM MASSACHUSETTS RECORDS. 239 

this jurisdiction shall bo apprehended by any person or per- 
sons, or by the constable of the towne wherein he or she is 
taken, & by the constable, or in his absence by any other per- 
6on or persons, conveyed before the next magistrate of that 
shire wherein they are taken, or Comissioner invested with 
magistratticall power, & being by the said magistrate or mag- 
istrates, comissioner or comissioners, adjudged to be a wander- 
ing Quaker, viz., one that hath not any dwelling or orderly 
allowance as an inhabitant of this jurisdiction & not giving 
civill respect by the usual gestures thereof, or by any other 
way or meanes manifesting himself to be a Quaker, shall, by 
•warrant under the hand of the said magistrate or magistrates, 
comissioner or comissioners, directed to the constable of the 
towne wherein he or she is taken, or in absence of the consta- 
ble or any other mcete person, be stripped naked from the 
middle upwards, & tied to a carts tajlo, and whipped thro the 
towne, and from thence imediately conveyed to the constable 
of the next towne towards the borders of our jurisdiction, as 
their warrant shall direct, & so from constable to constable till 
they be conveyed thro any the outwardmost townes of our 
jurisdiction. And if any such vagabond Quaker shall returne 
againe, then to be in like manner apprehended & conveyed as 
often as they shall be found within the limitts of our jurisdic- 
tion, provided every such wandering Quaker, having been 
thrice convicted & sent away as abovesaid & returning againe 
into this jurisdiction shall be apprehended and comitted by any 
magistrate or comissioner as abovesaid to the house of correc- 
tion within that county wherein he or shee is found untill the 
next Court of that County, when, if the Court judge not meete 
to release them they shall be branded with the letter R on 
their left shoulder, & be severely whipt & sent away in manner 
as before; and if after this he or shee shall returne againe, 
then to be proceeded against as incorrigible rogues, & ennemj-s 
to the comon peace, & shall imediately be apprehended & 
comitted to the comon jayle of the country, and at the next 
Court of Asistants shalbe brought to their tryall, & proceeded 
against according to the lawe made Anno 1G58, page oG, for 
their banishment on payne of death. And for such Quakers 
as shall arise from amongst ourselves, they shall be proceeded 



240 PROVINCE PAPERS. [1662. 

against as the former lawe of Anno 1658, page 36, doth pro- 
vide, untill they have beene convicted by a Court of Asistants, 
& being so convicted, he or shee shall then be banished this 
jurisdiction ; & if after that they shall be found in any part of 
this jurisdiction, then he or shee so sentenced to banishment 
shall be proceeded against as those that are strainger & vaga- 
bond Quakers in manner as is above expressed. And it is fur- 
ther ordered, that whatsoever charge shall arize about appre- 
hending, whipping, conveying or otherwise, about the Quakers, 
to be laid out by the constables of such townes where it is 
expended, & to be repaid by the Tresurer out of the next 
country levy ; & further, that the constables of the severall 
townes are hereby empowered from time to time, as necessity 
shall require, to impresse cart, oxen, & other asistance for the 
execution of this order. 

22 May, 1661. 4, pt. 2, p. 8. 

For the better settling of order in the Isle of Shoales, it is 
ordered by this Court, that henceforward the whole islands 
appertaining there unto which doe lye partly in the County of 
York, & the other part in the jurisdiction of Dover and Ports- 
mouth, shall be reputed & hereby allowed to be a towneship 
called Apledoore, & shall have equall power to regulate their 
towne affaires as other townes of this jurisdiction have. 

In answer to the request of Capt. Brian Pendleton, the 
Courte judgeth it meete to order that the selectmen of Ports- 
mouth & Dover doe forthwith by an assessment on the inhab- 
itants, collect & gather the some of tenn pounds eight shil- 
lings & fower pence out of each towne & deliver the same to 
the said Brian Pendleton as satisfaction for so much by him 
expended on a frozen person some yeares past, that came into 
that river, whose charity this Court judgeth it meete to encour- 
age & orders his satisfaction as above is exprest. 



7 May, 1662. 4, pt. 2, p. 44. 

Mr Sam Dalton, deputy for Hampton, having an aged father, 
since his coming to this Court, dangerously, if not mortally 
wounded, by the fall of a tree, desiring the favor of this Court^ 
is dismissed his attendance at this session. 



16G2.] FROM MASSACHUSETTS RECORDS. 241 

IV, pt. 2, p. 47. 

It is ordered, thai Capt. Richard Waldern is & shall be here- 
by impowcrod to marry such as shall be published according to 
lawe within the prcciucts of Dover. 

IV, pt. 2, p. 56. 

It is ordered, That Major Eliazer Lusher join to help County 
Courts in Salisbury, Hampton & Dover for this yeare ensuing. 

8 October, 1662. 4, pt. 2, p. 67. 

It was voted by the whole Court, that Henry Eoby, consta- 
ble of Hampton, for his unfaithfulnes in not duly attending his 
warrant in bringing Edward Colcord to prison, both in March 
or Aprill & now shall loose his chardges & beare it himself 

P. 68. 

Whereas, Edward Colcot was sentenced by the County Court 
at Hampton, in October last to be sent & put into the house of 
correction at Boston, & not be dischardged thence till he gave 
suflEicient bond for his good behavior, the constable neglecting 
his duty in putting him in to the house of correction, and, by 
the subtil ty of said Edward Colcord, bond was given for his 
good behavior & the other part not yet performed, the Gen- 
erall Court in May last, ordered that the said Colcord should, 
by warrant from the secretary, be brought into the house of 
correction according to said Hamptons Courts sentence. The 
Court having put it to the question whether the sentence of 
the Generall Court in May last shall be nulled, the Court re- 
solved it in the negative, & ordered, that after the said Colcot 
have suffered in the house of correction, he shall be dis- 
chardged the prison forthwith, and Henry Hoby, constable of 
Hampton, for his neglect, shall loose all his chardges for bring- 
ing the said Colcot to Boston both formerly & now & beare it 
himself. Voted by the whole Court. 

October 8, p. 70. 

In answer to the petitions of Unico Colo, the inhabitants of 

Hampton, as also the petition of Wm Salter, all in relation to 

the said Unice Cole, the Court doe order, that the said Unice 

Cole pay what is due on arrears to the keeper, and be released 

16 



242 PROVINCE PAPERS. [1662. 

the prison, on condition that she depart within one month 
after her release, out of this jurisdiction, & not to returne 
againe on penalty of former sentence being executed against 
hir.* 

* This Unice Cole was accounted a witch. Her name has a strange in- 
terest in connection with the following, from the MS. Town Kecords of 
Hampton, and the fancy with which the poet Whittier has embellished 
the story, in his " Teyit on the Beach." We learn that Joseph Dow, Esq., 
in his forthcoming History of Hampton, will publish all the known facts 
in the case. Ed. 

'« The 20th of the 8th mo. 1657. 

The sad hand of God upon eight psons goeing in a vessell by sea from 
Hampton to boston, who were all swallowed up in the ocean soon after 
they were out of the Harbour : the psons were by name as followeth : 

Robert Read, 

Manewell Hilyard, 

Sargent "Will. Swaine, 

John Philbrick, 

Ann Philbrick his wife, 

Sarah Philbrick their daughter, 

Alice the wife of Moses Cockes and John Cockes their son ; 
who were all Drowned the 20th of the 8th mo. 1657." Hampton MS. 
Records. 

In his "Tent of the Beach," "Whittier commemorates the foregoing 
*' sad hand of God" in the following beautiful lines : 

" Once, in the old Colonial days. 

Two hundred years ago and more, 
A boat sailed down through the winding ways 

Of Hampton River to that low shore, 
Pull of goodly company 
Sailing out on the summer sea, 
"Veering to catch the land-breeze light, 
"With the Boar to left and the Rocks to right. 

****** 
" ' Fie on the witch !' cried a merry girl, 

As they rounded the point where Goody COLB 
Sat by her door, with her wheel atwirl, 

A bent and blear-eyed poor old soul. 
» Oho !' she muttered, ' ye're brave to-day ! 

But I hear the little waves laugh and say, 
'The broth will be cold that waits at home; 

For it's one to go, but another to come !' " 



1662.] FROM MASSACHUSETTS RECORDS. 243 

Qitakers. 

P. 69. 

In answer to the petition of the inhabitants of Dover, hum- 
bly craving relicfe against the spreading &c. the wicked errors 
of the Quakers amongst them &c. it is ordered that Capt. 
Richard Waldern shall & hereby is impowred to act in the exe- 
cution of the lawes of this jurisdiction against all criminall 
offendors within the said towne of Dover, as any one magis- 
trate may doe, untill this Court shall take further order. 

To the Constables of Dover, Hampton, Salisbury, Newbury, Mow- 
ley, Tpsxoich, Windham, Linn, Boston, Roxbury, Dedham, and 
until these vagabond Quakers are out of this jurisdiction : 

You and every of you are required in the King's Majesty's 
name, to take these vagabond Quakers, Anna Colman, Mary 
Tompkins, and Alice Ambrose, and make them fast to the 
cart's tail, and drawing the cart through your several towns, 
to whip them upon their naked backs not exceeding ten stripes 
apiece on each of them in each town, and so convey them from 

" ' She 's cursed,' said the skipper ; ' speak to her fair ; 

I 'm scary always to see her shake 
Her wicked head, with its wild gray hair, 

And nose like a hawk, and eyes like a snake.' 
But merrily still, with laugh and shout, 
From Hampton Kiver the boat sailed out, 
Till the huts and the flakes on Star seemed nigh, 
And they lost the scent of the pines of Eye. 

* * * [A storm ensued.] * * * 

" Goody Cole looked out from her door : 

The Isles of Shoals were drowned and gone, 

Scarcely she saw the Head of the Boar 
Toss the foam from tusks of stone. 

She clasped her hands with a grip of pain, 

The tear on her cheek was not of rain, 

'They are lost,' she muttered, 'boat and crew! 

Lord forgive me ! my words were true !' " 
****** 



244 PROVINCE PAPERS. [1664. 

Constable to Constable till tbey are out of this jurisdiction, as 
you will answer it at your peril, and this shall be your war- 
rant.* Per me, 

ElCHARD WaLDRON. 

At Dover, dated Dee. 22, 1662. 



18 May, 1664. 4, pt. 2, p. 103. 

Capt. Daniel Gookin is hereby desired & appointed to keepe 
the Courts in Portsmouth or Dover & Yorke for this yeare, if 
he come home & be well, otherwise, Mr Eich Eussell. 

19th October, 1664. 4, pt. 2, p. 139. 

Capt Brian Pendleton having binn legally chosen & ap- 
prooved of to be Capt of the military company of Portsmouth, 
but not yet having any comission, it is ordered by this Court, 
that the secretary, imediately after the end of this sesion, draw 
up a comission & deliver it to Major General Leveret, & he to 
take care for the sending of it, so that the peace of the place 
may be preserved. 

* " In Dover, Hampton and Salisbury, this disgraceful order was exe- 
cuted, but in the last named town, Walte?- Barefoot performed almost the 
only praiseworthy act that stands to his credit in history, by taking these 
persecuted females from the Constables, under pretence of delivering them 
to the Constables of Newbury, and securing them from further cruelty by 
sending them out of the Province. It is worthy of remark that in Dover, 
where only, within this Province, the Quakers were persecuted, that sect 
has flourished perhaps to a greater extent than in any other town in New- 
Hampshire." Coll. N. H. Hist. Soc, vol. 2, p. 45. 

A more detailed account of the persecutions of the Quakers may be 
found in a book written by George Bishop, with the title, " New-England 
judged by the Spirit of the Lord " — the first part of which was published 
in 1661 ; the second part in 1667 ; and the whole republished in 1702-3. 
See copious extracts from this book in Hist. Mem., No. 90, by A. H. Q. 
Ed. 



P A P E E S 

KKLATINO TO THE 

VISIT OF THE KING'S COMMISSIONERS, 

so FAR AS RESPECTS NEW-HAMPSHIRE : 

COPIED FROM DOCUMENTS RELATING TO THE COLONIAL HISTORY OF THE 
STATE or NEW-YORK.* 



Commission to Coll. Nicolls and others to visit the 
Colonies and determine Complaints. 

[N. Y. Col. Hist., Vol. 3, p. 64.] 

Charles the Second by the Grace of God King of England, 
Scotland, France and Ireland, Defender of the Faith &c. To all 
to whome these presents shall come Grketino. Whereas wee 
have received severall Addresses from our Subjects of severall 
Collonies in New-England, all full of duty and affection, and 
expressions of loyalty and allegiance to us, with their humble 
desires that wee would renewe their severall charters and re- 
ceive them into our favorable opinion and protection, & sever- 
al) of our Colonies there and other our loveing subjects have 
likewise complayned of differences and disputes arisen upon 
the lymmitts and bounds of their severall charters and juris- 
dictions, whereby unneighbourly and unbrotherly contentions 
have and may arise, to the damage and discredit of the English 
interests, and that all our good subjects resideing there and 
being planters within the severall Colonies doe not enjoy the 
libertyes and priviledges granted to them by our severall char- 
ters upon confidence and assurance of which they transported 
themselves and their estates into those parts. And wee hav- 
ing received some addresses from the Grcate Men & Natives of 
those Countryes, in which they complaine of breach of faith 
and of acts of violence and injustice which they have been 

* These Papers — which will be found of great interest — should be exam- 
ined in connection with those which immediately follow, from the " Mas- 
sachusetts Colony Kecords." Ed. 



246 PROVINCE PAPERS. [1664. 

forced to undergoe from our subjects, whereby not only our 
government is traduced, but the reputation and credit of 
Christian Religion brought into prejudice and reproach with 
the Gentiles & inhabitants of those countries who know not 
God, the reduction of whom to the true knowledge and feare 
of God, is the most worthy and glorious end of all those plan- 
tations. Upon all which motives, and as an evidence and 
manifestation of our ftitherly affection towards all our subjects 
in those severall Colonies of New-England (that is to say) of 
the Massachusets, Conecticot, New Plymoth, Road Island and 
the Providence plantation, and all other plantations within 
that tract of land knowne under the appellation of New-Eng- 
land. And to the end that wee may bee truly informed of 
the state and condition of our good subjects there, that soe wee 
may the better know how to contribute to the further im- 
provement of their happynesse and prosperity, Know Yee 
Therefore that wee reposeing especiall trust and confidence 
in the fidelity wisdome and circumspection of our trusty and 
wellbeloved Coll. Richard Nicolls, Sir Robert Carre Kn*, George 
Cartwright Esq"" and Samuell Maverick Esq"' of our especiall 
grace, certaine knowledge and meer motion have made or- 
dained constituted and appointed, and by these presents doe 
make ordayne, constitute and appoint the said Coll. Richard 
Nicolls, Sir Robert Carre, George Cartwright and Samuell 
Maverick our Commissioners. And Doe hereby give and grant 
unto them or any three or two of them, or of the survivors of 
them (of whom wee will the said Coll. Richard Nicolls during 
his life shall bee always one, and upon equall division of opin- 
ions to have the casting and decisive voyce) in our name to 
visite all and every the severall Colonies aforesaid, and also 
full power and authority to heare & receive and to examine 
and determine all complaints and appeals in all cases and mat- 
ters as well military as criminall and civill, and proceed in all 
things for the provideing for and settling the peace and securi- 
ty of the said country, according to their good and sound dis- 
cretion, and to such instructions as they or the survivors of 
them have or shall from tyme to tyme receive from us in that 
behalfe, and from tyme to tyme as they shall find expedient to 
certify us or our Privy Councill of their actings and proceed- 
ings touching the premises. And for the doing thereof or any 
other matter or thing relateing thereunto these presents on the 
inrollement thereof shall be unto them and every of them a 
sufficient warrant and discharge in that behalfe. 

In Witnesse whereof wee have caused these our letters to 
be made Patents. Witnesse Ourselfe at Westminster the 
25th day of April in the sixteenth year of ourReigne. 

Barker. 



1664.] NEW-YORK DOCUMENTS. 247 

Mr. Mavericke to Capt. Breedon. 

[N. y. Col. Hist., 3, p. 65.] 
Capt. Breedon — 

It hath pleased God (after a tedious voyage of neare ten 
weckes time), That two of our ships arrived hero this after- 
noon at Pascataway where wee hourly expect our other two. 
The Guiney comanded by Capt Hyde wee lost this day 
se'night, and Capt Hill with the Elyas on Sunday last. 

It hapned, that as wee were ready to come in, Thei'e went 
out from hence a Pinck, taken as a prize by a ship of Jamaica, 
but by authority from the Governor of the Massachusetts, 
the prize was as I understand seized upon and those that first 
took her, secured as prisoners by Capt. Oliver and carryed for 
Boston. I shall desire you to repaire to the Gov' & Councell, 
and advise them to take care how they dispose of such things 
as may bee out of their bounds, and not fit for them to take 
cognizance of, his majestyes Commissioners being at length 
come into these parts (of whom you know mee to be one). I 
cannot now tell you the time and place I long to see you at, 
our stay here being only for a little water & our other shipps, 
which if they come not in time, we must go to our appointed 
port in Long Island, from whence you shalbee sure to heare 
further from. S' your very lovinge fi-iend 

Samuel Mavericke. 
Pascataway, 

July 20, 1664. 
To Capt Thomas Breedon, 
at Boston. 

A letter at the same time was sent to Mr. Jordan from Mr. 
Mavericke, only intimating his arrivall, & desire to see him 
with the first opportunity. 

Another to Major Gen. Denison to the same effect. 

I have not the copy of these. 



Mr. Mavericke to the Hon. William Coventy, Esq. 
[Vol. 3, p. Co.] 
Sir : Arriving here yesterday, I was willing to embrace this 
first oppertunity to present my humble service to you, and ac- 



248 PROVINCE PAPERS. [1664. 

quaint you with the particulars of our voyage hither. S' its 
almost ten weekes since wee came out of Portsmouth Eoade ; 
for the first fifteene or sixteene dayes, w^ee had as good wind 
& weather as could bee desired ; Ever since which time, wee 
have not only met with crosse winds, but very bad weather; 
yet all our ships kept company till the 13th day of this month, 
when by reason of very great Foggs wee lost company of the 
Guiney, & since the 16th day wee have not seen the Elyas. 
Contrary winds driving us upon these Coasts, wee were willing 
to put in here, as well to recruite ourselves with water (which 
wee begun much to want) as in expectation to meete or hears 
of the rest of our Fleete, who probably will come in to this 
harbor, yet if 1-hey come not suddenly, our stay here wilbee 
but little, but shall hasten for Long Island. S' I have more 
than hopes, all things in these parts will prove very success- 
full for His Majestyes & His Eoyall Highnesses service & inter- 
est, of which I have already received great testymonyes, for 
their continual prosperity and happiness. My prayers and 
utmost endeavours shall never bee wantinge. 

I shall not presume to give you further trouble at this time 
but to subscribe, S'' your most humble Servant, 

Samuel Mavericke. 
Pascataway, 
July 21, 1664. 
These to the Hon'ble William Coventy Esq — present. 



Mr. Can and Mr. Mavericke to Mr. John Rickhell. 
[Vol. 3, p. 66.] 
Mr. Eickbell, 

Wee shall desire you to make all convenient haste to your 
habitacon in Long Island & by the way as you passe through 
the countrey and when you come hither, that you acquaint 
such as you thinke the King's Commission" will bee welcome 
to and are aifected for his Majestys service, that some of us 
are arrived here, and shall all suddenly bee in Long Island 
where we hope they will be ready as in other places to pro- 



1664.] NEW-YORK DOCUMENTS. 249 

mote his Maj'tys interest, their readines & affection shall beo 
much taken notice of, and your care and Incouragcment bee 
acknowledged by Your very lovinge friends 

EoBKRT Carr, 
Pascataway, July 23d, \&U, Samuel Mavericke. 

to Mr. John Rickbcll, these. 

A warrant under the same hands to presse a horse for Mr. 
Eickbell if occasion should bee, hee paying for the hire. 



The King's Commissioners to the Governor and Council of Mas- 
sachusetts. 

[Vol. 3, pp. 99, 100.] 
Gentlemen : 

We have received a letter by your Marshall subscribed by 
your Secretary, so full of untruth & in some places wanting 
grammar construction, that we are unwilling to beleive it was 
l^en'd with the knowlege and aprobation, though in the name 
and by the order (as is said) of the Governor and Councel. 

Though it was great reason and high time for us to give 
over treating in privat wnth those Avho by sound of trumpet 
denied that authority which the King had over them, and by 
which we were to act; yet neither that denying nor anything 
they can doe, can enervate the Kings comission, or hinder us 
from obeying the King's comandes, as neare as we can. The 
fixing, nameing, and owning a Bound-house 3 large miles north 
from Merrimack River about 12 yeares together by the Corpo- 
ration of the Massachusetts (after the fixing of which Bound- 
house many other patents were granted by the Council of 
Plymouth & by the King), must necessarily determine the lim- 
itts of the said Corporation, and answer all the fitlso and fraud- 
ulent expositions of their Charter. "Wee now let you know 
our judgments that you may see how much those that pen'd 
that letter were mistaken, though for some reasons we will 
not publish it as our decree. The last letter wee received from 
his Majestic was the ground of that warrant we sent to Ports- 
mouth, and of those we sent to severall other townes. His 



250 PROVINCE PAPERS. [1665. 

Majesties comands are and shall be our directions ; when we 
are convinced of an errour we shall be ready to acknowledg & 
mend it, but shall not conserne our selves with your sence in 
this, who have already palpably (and we foare wilfully) mis- 
construed too many of His Majesties' gracious letters. The 
duty which we owe to God, to the King, and to all his subjects, 
constrains us to perswade you not to suifer yourselves to be so 
much mislead by the spirit of independency. The King did 
not grant away his Soveraigntle over you when he made you 
a Corporation. When His Majestie gave you power to make 
wholesome lawes and to administer Justice by them, he parted 
not with his right of judging whether those laws were whol- 
som, or whether justice was administred accordingly or no. 
When His Majestie gave you authoritie over such of his sub- 
jects as lived within the limits of your jurisdiction, he made 
them not your subjects nor your their supream authority. 
That prerogative certainly His Majestie reserved for him- 
self, and this certainly you might have seen, if ambition and 
covetousness or something as ill had not darkened both your 
eyes. Eemember we pray you seriously that the pardon you so 
much pretend to from His Majesties clemency (in his letter of 
June 1662) was promised to you on condition of being for the 
future his good subjects, which must necessarily imply obedi- 
ence. Striveing to grasp too much may make you hold but a 
little. 'T is possible that the charter which you so much idol- 
ize may be forfeited, and it may probably bo supposed that it 
hath been many way forfeited; untill you have cleared your- 
selves of those many injustices, oppressions, violences and 
blood, for which you are complained against, to which com- 
plaints you have refused to answer, or untill you have His 
Majesties pardon, which can neither be obtained by nor bee 
effeetuall to those who deny the Kings supremacy. 

The deserved punishment and destruction of some, those 
who of late made use of the Kings authority to oppose His 
Majesties power, and raised armes and fought against His Ma- 
jestie and yet pretended the defence & safety of the King, we 
think might deterr all from broaching or acting according to 
such illusive and destructive sophismes. 

Many of your actions, and the warrant sent to the Constable 



16G5.] NEW-YORK DOCUMENTS. 251 

of Portsmouth, July 12, 1G65, give us just grounds to fearc that, 
if you had power, you would try your success the same way. 

Gentlemen : Remember we pray you that you profess 
yourselves to be christians and pretend to be of the best sort. 
Pray make it appear that you are so, by your obedience to the 
Kings authority, by your peaceableness towards your neigh- 
bours, and by your justice amongst yourselves, which are 
christian virtues, that men may see your good workes, and 
then &c. 

The other Colonies have set you so many good examples, 
even that of Road Island, one whom you have so long despised 
and disowned, and now lately derided for their submission to 
His Majestic. The dangei'ousness of those ways you are in 
bath extorted thus much from us at present, for caution ; but 
the particulars -of that letter we reserve to be examined in an 
other place. In fine we desire and in His Majestie's name re- 
quire you, not to contradict those orders which we make by 
virtue of His Majesties Comission, nor to disturb the peace and 
quiet of those whom we have taken under His Majesties Gov- 
ernment, nor to molest those who, in obedience to His Majesties 
authority, have observed any warrants made by us, and we 
assure you that as you approve yourselves His Majesties good 
subjects, we shall approve ourselves your reall friends, ready 
to serve you. 



R. C. 

C O 

July 16, 1GG5. J g ' ^j] 



From Pascataquay River, \ G C 



Upon receipt of this reply their councell sent out warrants 
to severall townes in the Eastward parts of the tenor of this 
following copy. 

To the Constable of 



You are hereby required in His Majesties name forthwith 
to sumon j'our Deputy or Deputies already chosen for the year 
or in case they have none, to assemble the freemen of j^our 
towne together and require them, by virtue of an order of the 
Councell dated 2l8t instant, to choose and send their Deputy 
or Deputies to assemble at Boston on the Ist of August next 
at eight of the clock in the morning, to consult in General! 



252 PROVINCE PAPERS. [1665. 

Court with the Magistrates, about the waighty occasions of 
the Colony. Hereof not to faile making your returne. Dated 
in Boston 21 Julie 16G5. 

By the Councell, 

Edw. Eawson, Secy. 

As also to speed away the warrant annexed, to the Consta- 
ble of Hast post hast. 

Edw. Eawson, Secret'y. 



Messrs. Carr, Cartwright, and Mavericke, to Sir Henry Bennet, 
Secretary of State. 

[Vol. 3, pp. 101, 102.] 
Sir: After the Court at Boston was ended (of which we sent 
you an account before), we went to visit the Eastern parts ; 
and first we past a tract of land laid claime to by Mr. Mason, 
who petitioned His Ma^'e about it. His Ma^ie referr'd it to S' 
Robert Mason and othei-s, who made their report to the King; 
all which Mr. Mason sent to Colonell Nicolls, whom he made 
his Attorne3^ This Province reaches from 3 miles north of 
Merimack River to Piscataquay River, and 60 miles into the 
country. We find many small patents in it, & the whole Prov- 
ince to be now under the usurpation of the Massachusets, who 
once set up a bound-house 3 larg miles north of the Merri- 
macke and owned it for above 12 years, yet since elaimes all 
this and GO miles more to the North to be within their patent. 
Col Nicolls being bound to attend DeRuiters attempt against 
New-Yorke and not being here, we left them as we found 
them, under the Massachusets government, though they were 
very earnest to be taken under His Maj^^^^ government, as will 
appeare by their petitions which we have sent herewith. 
From Piscataw^ay eastward to Sagadahock and 120 miles into 
the country is another Province called Yorkshire now, by the 
Massachusets, under whose government we found it, formerly 
called the Province of Maine in the King's Charter by which 
it was granted to Sir Ferdinando Gorges. The inhabitants of 
this Province were much troubled by the contests of the Mas- 
sachusets and the Commissioners of Mr. Gorges, and being 



1G65.] NEW-YORK DOCUMENTS. 253 

weary of the unjust and partial actings of the Massachusets, 
and fearefuU of the proceedings of the other, generally peti- 
tioned us to take them into His Ma*'^^ more immediate gov- 
ernment : which we did do, and appointing some to act as Jus- 
tices of the Peace and to hold Sessions, wee discharged both 
the others from exercising any authority, untill His Ma^'^^ 
pleasure be further knowne. This hath already given such 
satisfaction to the people that they have petitioned His Ma^'^ 
that they may forever be governed by his commands, as will 
appearc by their petition, which also we have sent herewith. 
And thus we did, being assured that it was the best expedient 
we could use, both to procure the peace & quiet of that Province, 
and to end the differences betwixt the two pretending parties 
for the present, leaving the finall determination to His Ma*''^^ 
wisdom. In this Province are 5 townes, Kittery, York, Wells, 
Scarborough and Falmouth. They build all by the sea side. 
Their townes are 5 or 6 miles long at the least, though they 
have but 30 houses in them, and those very mean ones too. If 
there be not better government established amongst them & 
more care taken of them, that Province will never be either 
well peopled or well cultivated. The places beyond Sagada- 
hock were given to His Royall Highness by His Ma^'^^ yet as 
Col. Nicolls desired, who could not attend to go himself, we 
have appointed some to governe them for the present, as there 
was great need. Upon 3 Hivers, the east of Kennebcck, Ship- 
scot, and Pemaquid, there are 3 plantacons, the greater hath 
not over 20 houses, and they are inhabited by the worst of 
men. They have had hitherto no governm' and are made up 
of such as to avoid paying of debts and being punished have 
fled thither; for the most part they are fishermen, and share 
in their wives as they do in their boats. 

Wee were up within Piscataquay River July the 9th when 
we received His Ma^'^^^ Ire of January 28th. There being an 
excellent harbour, larg & safe, and 7 or 8 ships in it, and great 
store of masts, we sent warrants to 4 towns upon that River, 
with an intent to have gotten that harbour fortified by them ; 
but the Massachusets sent a prohibition to them and a letter 
to us by their Marshall, which put a stop to our endeavours. 
This place we think deserves fortifying as much as any place 
in New-England. 



254 PROVINCE PAPERS. [1665. 

AVe are toiild by some of themselves that they have appoint- 
ed a Generall Court to be on August Ist to consider how to 
manage their opposition for that they intend to maintain the 
bounds of their patent as far as they have streatcht them, and 
to suffer none to make warrants or orders within the same but 
themselves, and to justifie their own wayes for admitting 
Church members, and free men, though the King write never 
80 often to the contrary. Some few exceptions they make, as 
acts of their favor, to gain some to their partie, and to serve 
to delude the King with a show of complyance ; for if writing 
will serve the turne, (as they sujipose it will) they can keep 
the business in agitation, untill the King and all his Secreta- 
ries there and all his good subjects here, be weary of it; If 
nothing of greater consequence make them to let it fall, which 
they hope may happen ; and that, if His Ma^'^ do not take some 
speedy cource, they who have declared their judgments 
against them will be undone; as also all those who have peti- 
tioned for any redress; and that it is the case of the loyall 
party here, as not long ago it was in England, though they be 
two for one, yet they are so overawed that they cannot help 
themselves ; that both the readiest and surest way is for His 
Ma^ie to take away their Charter, which they have severall 
ways forfeited, which King Charles Ist was about to do a little 
before the Scotish war in 1636 or 1637. And if His Ma^^^ will 
assure the people they shall not be tyed to religious ceremo- 
nys, the generallity of them will be well contented; but this 
without a visible force will not be effected. This advice we 
have had from them, and this indeed is our owne opinion. 
We have heard severall say, though they do wish that the gov- 
ernment was otherwise, yet they had rather suffer as they doe 
then to take up armes against them. And indeed without this 
course it will be impossible for the King ever to attain those 
two ends mentioned in our private instructions. If His Ma*'« 
should now let these people rest, haveing so much declared 
themselves against his authority over them, those that are 
well affected will never dare hereafter to declare themselves, 
beside all the other ill consequences which must necessarily 
follow. Those who have declared themselves loyall, are very 
much threatened, and in great feare, and have earnestly prest 



1665.] NEW-YORK DOCUMENTS. 255 

US to sollicit His Ma"" for their speedy defence and safety, that 
they may not be afflicted or ruined for shewing their loyalty. 
We therefore earnestly desire you to acquaint His Ma*''" with 
their desires in this, as also of having their children baptised 
and themselves admitted to the Lord's Supper. If anything 
be here wanting, we hope it may be supplyed by Col. Cart- 
wrights relation, and subscribe ourselves, 

Sir your most humble Servants, 



E. 


C, 


G. 


c, 


S. 


M. 



Boston July 26th 1665. 

(Indorsed) 

"A copy of a letter sent by the Comm" to Mr Secretary 
Benet, w" Col. Cartwrigbt went for England." 



Messrs. Carr and Mavericke to the Secretary of State. 
[Vol. 3, pp. 106-108. Extract.] 

Sir: "When wo were in the Southern parts at Warwick, 
John Porter presented us with a petition (the copy whereof 
is amongst the others inclosed), signifying his greivance ; 
whereupon we ordered him to make proof of his complaints, 
and gave him His Ma^^^ protection, till his cause was heard by 
us &c. We came from these parts to Boston, & stayed there 
till the accustomed time of their Gen'^ Court came, at which 
time Coll. Nicolls haply came, together with us, to treat with 
them, concerning the conteints of His Ma^'<^8 comission and 
privat instructions to us. 

We found them presumptions & refractory & could obtain 
nothing from them that might be satisfactory to His Ma^^s jg. 
sires, and their answers to the instructions of His Ma*'® to us 
(of which we gave them copies) were delaytory and imperti- 
nent. Whereupon we of necessity (as a Court of Appealls) 
summoned the Governor and Company to answer to the action 
of Mr Thom. Dean & others (according to His Ma*''^'' instruc- 
tions) in the case of the ship Charles of Olleroon, to which 
they not only refused to appear, but sent to us this inclosed 



256 PROVINCE PAPERS. [1665. 

declaration upon May 25th, 1665, by eight of the clock in the 
morning, an hower before we intended to have sate ; and pro- 
claimed it by sound of trumpet under Col. Cartwrights cham- 
ber window, he being then lame of the gout at Captain 
Bredons, where we intended to have sit. A copy of our an- 
swer or conclusion with them you will see annexed to the 
same coppy of their declaration. 

At this Gen^'i Court June 2d they commissionated Mr Sim- 
monds and Mr Danforth to goe into the Eastern parts and to 
oppose us in our proceedings in what we were injoyned to act, 
as you will see by the inclosed copy of their comission, a copy 
of which was given by them, directed to S"" Rob' Carr, wee 
being in those parts when they came to put it in execution. 
Where being, a letter from His Ma*'^ came to our hands signi- 
fying the war with the Dutch & enjoyning us to looke after the 
fortification of those parts against them. Whereupon we sent 
out our warrants to Portsmouth and other places in those 
Eastern parts, to that end and purpose. The Governor and 
Councell at Boston having notice by some one of their intelli- 
gencers, sent to the constable of Portsmouth a prohibition of 
the people's meeting, and to us a letter; copies whereof and 
of our repl}', here inclosed you will find, as also a copy of their 
warrant to summons a speciall Gen^'ii Court thereupon to be 
held Aug. 1st. 

Thus far was sent by Col. Cartwright an exact account of 
all proceedings with the Massachusets & the other Colonies; 
as you may please to see by the inclosed copy of the letter we 
sent by him to your honour. 

Since that time, be pleased S' to take notice that at the 
Gen^'^ Court then held, a wan-ant was sent by them to the 
Constables of Kittery in the Province of Mayne, a copy of 
which you have herewith. Wee haveing then settled the East- 
ern parts beyond Pascataquay River under His 3Iat'<?« immedi- 
ate government till his pleasure was further knowne (by reason 
as you will find hereby of their disquiet and unsettled condi- 
con otherwise), the Massachusets (still reteining their wonted 
opposition) commissionated Mr Thomas Danforth, Mr Elias 
Lusher and Mr John Leveret to go thither and reduce them to 
their government. The inhabitants there having notice thereof, 



1665.] NEW-YORK DOCUMENTS. 257 

sent us a letter (the copy whereof you will receive hereby) 
under the hands of Captain Champcrnown, Mr Rishworth and 
Mr Johnson, signifying their fear of them and desiring our 
direction what to do in the case. Whereupon S"' Robert Carr 
went thither waiting till they should come to exercise such 
their comission. In the mean time the Gentlemen in the East- 
ward parts made preparations for their comming, as the copy 
of the letter herein inclosed from Mr Rishworth will give you 
to understand. These Comissioners came as far as Portsmouth, 
and S'' Robert Carr, being then at Kittery, hearing thereof, 
sent them a letter, a copy whereof is inclosed, yet notwith- 
standing, they sent their peremptory summons, dated October 
10th, to one Abraham Corbett to appear att their next Gen^^ii 
Court which fell out the next day being 11th of Octob"^ last, to 
answer a contempt (as they please to call it) for in a disorder- 
ly manner stirring up sundry of the inhabitants to signe a 
peticon or remonstrance against Ilis Ma***'* authority there 
setled &c. From hence they went to Dover to keep Court. 
The Eastern people were informed they would come in an hos- 
tile manner and therefore met at Kittery to have opposed 
them if they came over the River, which was supposed one 
cause of their speedy return towards Boston, they going that 
night to Salisbury, being 22 miles thence. 

This being all for the present that we can informe you of, 
we desire (if it have pleased God that Colonel Cartwright have 
escapt with his life & be in health) your Honor will please 
shew him this account, and the inclosed papers, that what is 
wanting, he calling it to mind, may give you further informa- 
con thereof 

Before this could be dispatched the marshalls of Dover and 
Portsmouth brought Mr Corbett hither a prisoner having ap- 
prehended him by order of a warrant to them directed from 
the Gen»" Court setting last October, and carried him before 
the Governor, who immediately committed him to prison, 
there to continue to the next Gen*>i Court, unless he procured 
bayle &c. as by the copies inclosed you may see. Severall suf- 
ficient Gentlemen were pi'oposed for it and by them refused. 
The person still remains confined, and we can give no satisfac- 
17 



258 PKOVINCE PAPERS. [1665. 

tory answer for present, why. We committ it to your judg- 
ment what to thinke of the matter, & hope you will signifie it 
to His Ma*'" remaining 

Sir, your humble Servants, 
(Signed) Robert Carr, 

Samuell Mavericke. 
Boston, November 20, 1665. 

To yo' Honorable Self." 



Sir Bohert Carr to the Secretary of State. 
[Vol. 3, p. 109. Extract.] 
" Sir : After we from hence had dispatched a letter to you 
by Capt. Thirston dated of Nov' the 20th last, conteining many 
copys of transactions here &c. came the inclosed copy of the 
peticon of Wells Court, to my hands, the originall whereof, as 
I remember, was sent by Colonel Cartwright. Also I going to 
visit Mr Corbet in the prison of this towne, about his baile- 
ment, was presented with a peticon from one Hoare, the which 
is here inclosed. So that by this you may in part see the 
grievances of His Ma*'*^* subjects here. If it have pleased God 
that Colonel Cartwright did arrive safe he can let you heare 
of more of the like nature. I wish that His Ma*'^ would take 
some speedy course for the redresse of these and the like in- 
normities, and for the suppression of the insolencies of these 
persons here." 

Sir, your honours faithful servant, 

Robert Carr. 
Boston, December 5, 1665. 



Report of the King's Commissioners concerning Mass- 
achusetts, &c. 

[Vol. 3, p. 110.] 

The Colony of the Massachusetts was the last and hardlyest 
perswaded to use His Majestys name in their forms of Justice. 

In this Colony at the first coming over of the Comissioners, 
were many untruths raised and sent into other Colonies, as 



1665.] NEW-YORK DOCUMENTS. 259 

that the King had sent to raise 5000£ yearly for his Majestys 
use &c. Whereupon Major Hathorne made a seditious speech 
at the head of his compan}^, and the late Governour anothei', 
at their meeting house in Boston, but neither of them were so 
much as questioned for it, by any of their Magistrates. 

The Comiss" visited all other Colonies before this, hope- 
ing both that the submission and condescention of the other 
Colonies to His Ma^'"28 desire would have abated the refractori- 
ness of this Colony, which thc}^ much feared ; and that the 
assistance of Colonell Nicholls (whom they expected) would 
have prevailed much. But neither examples nor reason could 
prevailc with them to let the Comissioners hear and determine 
80 much as those particular causes (Mr Deane's and the Indian 
Sachims) which y* King had comanded them to take care of, 
and to do justice in and though the Comiss" (who never de- 
sired that they should appear as delinquents but as Defendants 
either by themselves or by their attorneys) assured them that 
if they had been unjustly complayned of to His Ma*'« their false 
accusers should be severely punished and their just dealing 
make knowne to His Mat'^ and to all the world ; yet they pro- 
claymed by sound of trumpet that y* Generall Court was the 
Supreamest Judicatory in that Province, that the Comiss" pre- 
tending to hear appeales was a breach of their priviledges, 
granted them by the Kings royall father and confirmed to 
them by His Mamies owne letter, and that they could not per- 
mit it. By which they have for the present silenc't about 
thirty petitions which desired justice against them, and were 
all lost at sea. 

To elude His Ma^'^^^ desire of their admitting men civill and 
of competent estates to be free-men, they have made an act 
whereby he that is 24 yeares old, a house keeper, and brings 
one certificate of his civill life, another of his being orthodox 
in matters of fiiith, and a third of his paying ten shillings 
(besides head-money) at a single rate, may then have liberty 
to make his desire known to the Court and it shall be put to 
the vote. 

The Comiss" examined many townshipps and found that 
scarce three in a hundred pay 10s at a single rate; yet if this 



260 PROVINCE PAPERS. [1665. 

rate was generall it would be just ; but he y* is a church 
member though he be a servant and pay not 2d may be a 
Free-man. 

They will not admit any who is not a member of their 
church, to the comunion nor their children to baptisme, yet 
they will marry their children to those whom they will not 
admitt to baptisme, if they be rich. They did imprison and 
barbarously use Mr Jourdain for baptizing children; as him- 
self complain'd in his petition to the Comiss™. Those whom 
they will not admit to the comunion they compell to come to 
their sermons by forcing from them five shillings for every 
neglect ; yet these men thought their own paying of one shil- 
ling, for not coming to prayer in England, was an insupporta- 
ble tyranny. 

They have put many Quakers to death of other Provinces 
(for which also they ai-e petitioned against). First they ban- 
ish't them as Quakers upon pain of death, and then executed 
them for returning. They have beaten some to jelly, and been 
(other ways) exceeding cruell to others; and they say the 
King allows it in his letters to them. Indeed they have mis- 
construed all the King's letters to their owne sence. They yet 
pray constantly for their persecuted bretheren in England. 

They have many things in their lawes derogatory to His 
jyjaties honour ; of which the Com" made a breviat and desired 
that they might be altered ; but they have yet done nothing 
in it. Amongst others who ever keeps Christmas day is to pay 
Five Pounds. 

They caused at length a Mapp of their Territories to be 
made, but it was made in a chamber by direction and guess. 
In it they claime Fort Albany, and beyond it all the lands to 
the South Sea. By their South line they intrench upon the 
Colonies of New-Plymouth, Rode Island and Conecticot, and 
on the East they have usurped Captain Mason's and S"^ Ferdi- 
nand Gorges patents and said that y* Comiss" had nothing to 
doe betwixt them and Mr Gorge, because His Ma*'« comanded 
them either to deliver possession to Mr Gorge or to give His 
Ma*'® reasons why they did not. 

The Comiss" being at Piscatoquay when they receaved His 
M^'^s letter which comanded them to see the Harbours forti- 



1665.] NEW-YORK DOCUMENTS. 261 

fied &c., sent their warrants to fower towns upon that river 
requiring them to meet at such time and place to heare His 
Ma*''''* letter read; one of these waiTants was sent post to Bos- 
ton, from whence two Marshalls are sent by the Governor and 
Councell with another warrant to forbid the townes either to 
meet or to do any thing comanded them by the Com" at their 
utmost perills, and withall sent an unbeseeming letter to the 
Comiss", both Avhich letter and warrant were lost at sea. 

Colonell Whalley and Goff were entertained by the Magis- 
trates with great solemnity, and feasted in every place ; after, 
they were told they were Traytors, and ought to be appre- 
hended. They made their abode at Cambridge untill they 
were furnisht with horses and a guide and sent away to New- 
haven for their more 8ecurit3^ Captain Daniel Gooking is re- 
ported to have brought over and to manage their estates; and 
the Comiss" being informed that he had many cattle at his 
farm in the Kings Province, which were suspected to be AVhal- 
leys or Goffs, caused them to be seized for His Mat'^s use, till 
further orders. But Capt. Gooking standing upon the privi- 
ledge of their Charter and refusing to answer before the 
Comiss" as so, there was no more done in it. Capt. Pierce, 
who transported Whalley and Goff into New-England, may 
probably say something to their estate. 

They of this Colony say that King Charles y® First gave 
them power to nvake lawes and execute them, and granted 
them a Charter as a warrant against himself and his succes- 
sors, and that so long as they pay the fifth part of all gold and 
silver oar which they shall get, thej'- are free to use their priv- 
ilcdges granted them, and that they are not obliged to the 
King, but by civility. 

They hope by writing to tire the King, the Lord Chancellor 
and the Secretaries too; seven yeares they can easily spin out 
by writing, and before that time a change may come. Nay, 
some have dared to say, who knowes what the event of this 
Dutch Warr may be ? 

This Colony furnished Cromwell with many instruments out 
of their Corporation and their Collcdge; and those that have 
retreated thither since His Ma*'*^* happy returne, are much 
respected and man}- advanced to be Magistrates. They did 



262 PROVINCE PAPERS. [1665. 

solicit Cromwell by one Mr. Wensloe to be declared a Free 
State, and many times in their lawes stile themselves this 
State, this Comon-wealth, and now beleive themselves to be so. 

They demand what taxes they please, but their accompts 
could never yet be seen. Some few soldiers they keep at their 
Castle. The Governor hath a hundred pound yearly, every 
Magistrate £30, &c. They convert Indians by hiring them to 
come and heare sermons, by teaching them not to obey their 
heathen Sachims, and by appointing rulers amongst them, over 
tenns, twenties, fifties, &c. The lives, manners & habits of 
those whom they say are converted cannot be distinguished 
from those who are not, except it be by being hired to heare 
sermons, which the more generous natives scorne. 

This Colony, which hath engrossed the whole trade of New- 
England, and is therefore the richest, hath many towns, but 
not one regularly built within its just limits; w'^'^ the Com- 
iss''^ find to be Seconnet Brook on the South West and Merri- 
mack River on the North East, and two right lines drawn 
from each of those two places till they come within twenty 
miles of Hudsons River; for that is already planted and given 
to His Royall Highness. 

Boston is the chief towne in it, seated upon a Peninsula in 
the bottom of the Bay, which is a good harbour and full of 
fish. It was fortified this yeare, 1665, with two Block houses. 
They had before a castle upon an Island in. the roade, w^here 
shipps must pass, about five or six miles from the towne. 
Their houses are generally wooden, their streets crooked, with 
little decency & no uniformity, and there neither dayes, 
months, seasons of the yeare, churches nor inns are known by 
their English names. At Cambrig they have a wooden col- 
ledg, and in the yard a brick pile of two bayes for the Indians, 
where the Comiss" saw but one. They said they had three or 
four more at schole. It may be feared that this coUedge may 
afford as many schismaticks to the Church, and the Corpora- 
tion as many rebels to y* King, as formerly they have done, 
if not timely prevented. 

In this Colony, too, the King hath very many loyall subjects, 
who petitioned their Generall Court, at His Ma^^^s first coming 
in, for the owning of His Ma^io^ and now lately for complying 



1665.] NEW-YORK DOCUMENTS. 263 

with His Ma"e8 Comiss", but have had neither answer nor good 
look since. They are sorry that so few (for there are scarce 
above eight of the most factious) should carry on so strong a 
faction, yet they are so overawed that they can do nothing to 
remedy it. They only say that it is now with them as it was 
with the King's party in Cromwell's time. One of these was 
derided for being so civil as to accompany one of the Comiss" 
from the town where he lived to Boston, and others of Boston 
derided those of Eode Island for having yielded so much to 
the Comiss'■^ In Boston lyes ten iron guns brought from the 
French fort taken in Cromwell's time, which would do w^ell at 
Piscatoquay to defend the mouth of that River where the 
masts are laden, if they be the King's. 

On September 10, 1664, they published by order of Court, 
a paper to deter and affrighten all from making any com- 
plaints to the Comiss"^. 

The comodities of the Countrey are fish, which is sent into 
France, Spaine and the Straights, pipe-staves, masts, firr- 
boards, some pitch and tarr, pork, beif, horses and corne; 
which they send to Virginia, Barbados, &c., and take tobac- 
co and sugar for payment, which they (after) send for Eng- 
land. There is good store of iron made in this Province. 
Their way of government is Common-wealth-like ; their way 
of worship is rude and called Congregationall; they are zeal 
ous in it, for they persecute all other formes. 



Colonel Nieolls to Mr Secretary Morrice. 

[Vol. 3, p. 136. Extract.] 
« Right Honbio Sir : 

"The Massachusetts Colony persist or rather fly higher in 
contempt of His Mamies authority. 

The Generall Court have resolved to send no man out of the 
Colony according to His Mat'es gunions, but their false Sophis- 
try in construing His Ma^'^^ letters to what sense they please 
will easily appear to the world. Severall considerable men 
both of the Counccll and Deputies in the General Court have 
entered their Protest against the Resolution then taken. Most 



264 PROVINCE PAPERS. [1666. 

of the considerable Merchants and men of estates in the coun- 
trey petitioned the Generall Court to comply with His Ma^'e* 
commands, but they are now to be questioned before another 
court as seditious Persons. I make this narrative the shorter 
because Mr Mavericks will attend you with more full Particu- 
lars in another shipp, but whether with the fleet which is now 
ready, I cannot justly say. 

The eyes and observations of all the other Colonies are bent 
upon this strange Deportment of the Massachusetts. His Ma*'® 
is wise and may easily chastise their undutifullnesse, not by 
force, which might frighten the innocent as well as nocent, but 
by a Temporary Embargo upon their trade, till such and such 
persons are delivered into the hands of justice. The numer- 
ous well affected people in that and other Colonies, would 
BOone give up the Ring leaders at His Ma^ie^ disposall. Neither 
would His Matie loose any of his customs by that Embargo, 
for if strict care were taken to send a convenient number of 
ships with goods suitable to this port, all the Trade of Boston 
would bee brought hither, & from hence carryed into England. 
In which case a ffregott of Countenance for Convoy or any 
emergent occasion would be necessary if possibly to bee spared 
out of His Matie* more immediate service ; Indeed in the pos- 
ture we are, every small Picaroon of the enemies is master of 
all our Harbors and Itivers from the Capes of Virginia to Pis- 
cataway. 

I humbly crave pardon for the Impertinencies of these 
many lines and subscribe myselfe, 

Eight Honbie Sir, 

Your most humble Servant, 

E. NiCHOLLS." 

Ffort James, Octob. the 24th, 1666. 
Indorsed — " From Coll. Nicholls to 
Mr Sec'^y Morrice." 



[papers from MASSACHUSETTS RECORDS, RESUMED FROM 
PAGE 244.] 



Cop^ of the Address of the Massachusetts Colony to 
King Charles the 2d in 1664. 

[Copied from Hutchinson's Hist. Mass., App., No. 16.] 
To the Kings most Excellent 3Injestie, The humble supplication of 
the General Court of the Massachusetts Colony in JS^ew- England. 

Dread Soveraigne — 

Iff 3-our poor subjects, who have removed themselves into a 
remote corner of the earth to enjoy peace with God and man, 
doe, in this day of their trouble, prostrate themselves at your 
royal feet and beg your favour, w^e hope it will be graciously 
accepted by your Majestic. And that, as the high place you 
sustain on earth doth number j^ou here among the gods, so 
you will imitate the God of heaven, in being ready to maintain 
the cause of the afflicted, and the right of the poor and to re- 
ceive their cries and addresses to that end. And we humbly 
beseech your Majestie, with patience and clemency, to heare 
and accept our plain discourse, tho of somewhat greater 
length than would be comely in other or lesser cases. We are 
remote, and can speake but seldom, and therefore crave leave 
to speake the more at once. Wee shall not largely repeat, how 
that the first undertakers for this plantation, having, by con- 
siderable summs, purchased the right thereof, granted to the 
Counsel established at Plymouth by King James, your royal 
grandfather did after obtain a patent, given and contirnied to 
themselves, by your royall father, King Charles the first, 
wherein it is granted to them, and their heirs, assigns, and as- 
sociates for ever, not onl3'- tho absolute use and propriety of 
the tract of land therein mentioned, but also full and absolute 
power of governing all tho people of this place, by men chosen 
from among themselves, and according to such lawes as they 
shall from time to time, see moot to make and establish, being 
not repugnant to the lawes of England (they paying onl}' the 
fifth part of the oare of gold and silver that shall hcere be 
found for and in respect of all duties, demands, exactions and 



266 PROVINCE PAPERS. [1664. 

Bervice whatever) as in the said patent is more at large de- 
clared. Under the encouragement and security of which royal 
Charter, this people did, at their own charges, transport them- 
selves, their wives and families, over the ocean, purchase the 
lands of the natives, and plant this Colony with great labour, 
hazards, cost and difficulties, for a long time wrestling with 
the wants of a wilderness, and the burdens of a new plantation 
having also now above 30 years enjoyed the aforesaid power 
and priviledge of government within themselves, as their un- 
doubted right in the sight of God and man. And having had, 
moreover, this further favour from God, and from your Majes- 
tie, that wee have received several gracious letters from your 
royal selfe, full of expressions tending to confirme us in our 
enjoyments, viz. in your Majesties letter bearing date the 15th 
day of February 1660, you are pleased to consider New-Eng- 
land as one of the chiefest of your Colonies and plantations 
abroad, having enjoyed and grown up in a long and orderly 
establishment, adding this royal promise: Wee shall not come 
behind any of our royal predecessors in a just encouragment 
and protection of all our loving subjects there. In your ma- 
jesties letter of the 28th of June 1662, sent us by our messen- 
gers, besides many other gracious expressions, there is this 
[wee will preserve and do hereby confirme the patent and 
charter heretofore gi-anted unto them by our royal father of 
blessed memory, and they shall freely enjoy all the priviledges 
and liberties granted unto them in aid by the same]. As for 
Buch particulars, of a civil and religious nature, which are sub- 
joined in the said letter wee have applyed ourselves to the ut- 
most to sutisf}' 3^our Majestic, so far as doth consist with con- 
science of our duty toward God, and the just liberties and 
priviledges of our patent. Wee are further bound with hum- 
ble thankfulness to acknowledge your majesties gracious ex- 
pression in your last letter wee have received, dated April 23d 
1664, as (besides other instances thereof), that your Majestie 
hath not the least intention or thought of violating, or, in the 
least degree, infringing the charter heretofore granted by your 
royal father, with great wisdom, and upon full deliberation &c. 
But what affliction of heart must it needs be unto us, that 
our sins have provoked God to permit our adversaries to set 
themselves against us by their misinformations, complaints, 
and solicitations (as some of them have made it their work for 
many years) and thereby to procure a commission under the 
great seal, w^herein 4 persons (one of them our knowne and 
professed enemy) are impowered to heare, receive, examine 
and determine all complaints and appeals, in all causes and 
matters, as well militar}' as criminal and civil, and to proceed in 
all things, for settling this country, according to their good and 



1664.] FROM MASSACHUSETTS RECORDS. 267 

sound discretions, &c. Whereby, instead of being governed by 
rulers of our owno choosing (which is the fundamental privi- 
lege of our patent), and by lawes of our ownc, wee are like to 
be subjectecl to the arbitrary power of strangers, proceeding 
not by any established law, but by their own discretions. And 
whereas our patent gives a sufficient royal warrant and dis- 
charge to all officers and persons for executing tlio lawes here 
made and published, as is therein directed, wee shall not now 
be discharged, and at rest from further molestation when wee 
have so executed and observed our lawes, but be liable to com- 
i:>laints and appeals, and to the determinations of new judges, 
whereby our government and administrations will be made void 
and of none effect. And tho wee have yet had but a little 
taste of the words or actings of these gentlemen, that are come 
over hither in this capacity of commissioners, yet we have had 
enough to confirme us in our feares, that their improvement of 
this power, in pursuance of their commission (should the same 
proceed) will end in the subversion of our all. We should be 
glad to hope that your Majesties instructions (which they have 
not 3-et been pleased to impart unto us) may put such limita- 
tions to their business here as will take off much of our foaro 
but according to the present appearances of things we thus 
spcake. In this case (dread Soveraigne) our refuge under God 
is 3'our royal selfe, whom wee humbly addresse ourselves unto 
and are the rather eraboldned therein because your majesties 
last gracious letter doth encourage us to suggest what, upon 
the experience we have had, and observation we have made, 
we judge necessary or convenient for the good and benefit of 
this 3'our plantation, and because we are well perswaded that 
had your Majestic a full and right information of the state of 
things here, j^ou would find apparent reason to put a stop to 
these proceedings which are certainly disservient to your Ma- 
jesties interest and to the prosperity and welfare of this place. 
If these things go on (according to the present appearance) 
your subjects here will either be forced to seeke new dwell- 
ings, or sinke and faint under burdens that will bo to them 
intolierablo. The vigour of all new endeavours in the several 
callings and occupations (either for merchandize abroad, or 
further subduing this wilderness at home), will be enfeebled, as 
we perceive it already begins to bo, the good of converting tho 
natives obstructed, the inhabitants driven to wo know not 
what extremities, and this hopeful plantation in the issue ru- 
ined. But whatever becomes of us, we are sure the adversary 
cannot countervail the King's damages. It is indeed a greif 
to our hearts, to see 3'Our Majostie put upon this extraordinary 
charge and cost about a buseniss, the product whereof can 
never reimburse the one half of what will be expended upon 



268 PROVINCE PAPERS. [1665. 

it. Imposed rulers and oflBcefS will have occasion to expend 
more than can be raised here, so as nothing will returne to 
your Majesties exchequer; but instead thereof, the wonted 
benefit by customes, exported and imported into England from 
hence, will be diminished by the discouragement and diminu- 
tion of mens endeavours in their several occupations, or if the 
aime should be to gratify some particular gentlemen by livings 
and revenues here, that will also faill, where nothing is to be 
had, the King himself will be a looser, and so will the case be 
found to be here; for such is the poverty and meannes of the 
people of this country (by reason of the length and coldnes of 
the winters, the difficulty of subduing a wildernesse, defect of 
a staple commodity, the want of money, &c.) that if, with hard 
labour, men get a subsistence for their famileis, tis as much as 
the generality are able to do, paying but very small rates 
towards the publick charges, and yet, if all the country hath 
ordinary raised by the year for all the charges of the whole 
government were put together,and then doubled or trebled, it 
would not be counted, for one of these gentlemen a considera- 
ble accommodation. 

It is true, that the estates men have, in conjunction with 
hard labour and vigorous endeavours in their several places do 
bring in a comfortable subsistence for such a mean people (we 
dare not diminish our thankfulnes to God that he provides for 
us in a wilderness as he doth) yet neither will the former 
stand if the latter be discouraged, nor will both ever answer 
the ends of those that need or secke great things. We per- 
ceive there have been great expectations of what is to be had 
here raised by some mens informations, but those informa- 
tions will prove fallacious, disappointing them that have 
relyed upon tbem. And, if the taking of this course should 
drive the people out of the country (for to a coalition, therein, 
they will never come) it will be hard to find another people 
that will stay long or stand under any considerable burden in 
it, seeing it is not a country where men can subsist without 
bard labour and great frugality. 

There have also been high representations of great divisions 
and discontents amongst us, and of a necessity of sending 
commissioners to releive the aggreived, &c. whereas, it plainly 
appeares, that the body of this people are unanimously satis- 
fied in the present gov'ment and abhorrent from change, and 
that what is now offered will, instead of releiving, raise up 
such greivances as are intolerable. Wee suppose there is no 
government under heaven, wherein some discontented persons 
may not be found ; and if it be a sufficient accusation against 
a government, that there are some such, who will be innocent ? 



1664.] FROM MASSACHUSETTS RECORDS. 269 

Yet thro' the favour of God, there are but few amongst us 
that are malcontents, and fewer that have cause to be so. 

Sir, the allknowing God knows our greatest ambition is to 
live a poor and quiet life, in a corner of the world, without 
oflence to God or man. Wee came not into this wilderness to 
Beeke great things to ourselves, and if any come after us to 
seeke them heere they will bo disappointed. Wee keep our- 
selves within our line, and meddle not with matters abroad ; 
a just dependence upon, and suI)jection to your Majestic, ac- 
cording to our Gharter, it is far from our hearts to disacknowl- 
edge. Wee so highly' prize your favorable aspect (tho' at this 
great distance) as we would gladly do any thing that is within 
our power, to purchase the continuance of it. Wee were wil- 
ling to testify our affection to your Majesties service, by an- 
swering the proposal of your honourable commissioners, of 
which wee doubt not but they have already given your Majes- 
tic an account. Wee are carefully studious of all due subjec- 
tion to your Majestic, and that not only for wrath, but for 
conscience sake. And should divine providence ever offer an 
opportunity wherein wee might in any righteous way, accord- 
ing to our poor and mean capacity, testify our dutiful affection 
to your Majostie, we hope, we should most gladly embrace it. 
But it is a great unhappinoss to be reduced to so hard a case, 
as to have no other testimony of our subjection and loyalty 
offered us but this, viz., to destroy our owne being, which na- 
ture teacheth us to preserve, or to yeild up our liberties, which 
are far dearer to us than our lives, and which, had wee had 
any feares of being deprived of, wee had never wandered from 
our fathers houses, into these ends of the earth, nor laid our 
labours and estates therein ; besides engaging in a most haz- 
ardous and difficult warre, with the most warlike of the na- 
tives, to our great charge, and the losse of some of the lives of 
our deare friends. 

Neither can tho deepest invention of man find out a more 
certain way of consistence, than to obtain a royal donation 
from so great a prince, under his great seal, which is the 
greatest security that may be had in humane affaires. 

KoYAL Sir, it is in your power to say of your poor people in 
New-England, they shall not die. If we have found favor in 
the sight of our King, let our life be given us at our petition 
(or rather that which is dearer than life, that we have ventured 
our lives and willingly passed thro' many deaths to obtain), 
and our all at our request. Let our government live, our 
patent live, our magistrates live, our lawes and liberties live, 
our religious enjoyments live, so shall we all yet have further 
cause to say, from our hearts, let the King live for over. And 
tho bles.sing of them that were ready to perish shall come upon 



270 PROVINCE PAPERS. [1665. 

your Majestic, having delivered the poor that cried, and such 
as had none to help them. It was an honour to one of your 
royal ancestors, that he was called the poor mans King. It was 
Job's excellency, when he sat as King among his people, that 
he was a father to the poor. They are a poor people (destitute 
of outward favour, wealth and power), who now cry unto 
their lord the King. May your Majestie please to regard 
their cause, and maintain their right, it will stand among the 
marks of lasting honours to after generations. And wee and 
ours shall have lasting cause to rejoice, that we have been 
numbered among your Majesties. 

Most humble servants and supplients. 
25th of October, 1664. 



3 May, 1665. 4, pt. 2, p. 147. 

This Court, considering the state of the county of Norfolke 
as being exposed to great trouble & charge by reason of their 
remoteness from any magistrate, it is ordered that Capt. Ro- 
bert Pike, of Salisbury, & Mr Samuel Dalton, of Hampton, or 
either of them, shall & heereby are empowered as comissioners 
to take the acknowledgment of deeds, to administer oathes in 
all civil cases, to put forth warrants, to search for stolen goods 
to take notice & punish defects in watching, to punish drunk- 
enes, excessive drinking and such like crimes of inferior nature 
according to lawe, to bind over offenders to the County Court, 
to solemnize marriage to persons duly published, & all this 
during the Courts pleasure, and that Major Wra Hawthorne 
with the associates of that county to keepe the County Courts 
there for the yeare ensuing. 



Commissioners Warrant to Constable, Portsmouth, July 10, 1665, 
Received in Council July 12, 1665. 

These are in his Majesties name & by the authority given us 
from his Majesty, require & command you to give notice to all 
the householders in your towne to meet us his Majesties Com- 
missioners at the ordinary place of meeting on Thursday next 
at 8 of the clock in the morning, to the end that we communi- 



1665.] FROM MASSACHUSETTS RECORDS. 2Tl 

catc to you a letter which wo have lately received from his 
Majest}', hereof fail not as you will answer the contrary. 
Given under our hands at Kittery the 10th day of July 16G5. 

m .1 /-( 4. u^ 1 iiOBERT CaRR, 

To the Constable } .^ n 

nn 4. ii t (iEOROE CaRTWRIGIIT, 

of Portsmouth. J g^^^^^ Mavericke. 



To the much honored the Governor & Council of the Massachusetts. 

This warrant endorsed will certifye your Worships of the 
present strait & exigence we are in. Our Oathes to the Gov- 
ernment established in the Massachusetts oblige us to give you 
an account of the same, & wee humbly request your advice 
and Counsell with all expedition upon what poynt of the com- 
pass it wilbe our safety to steer, so as not to hazzard our allei- 
gance to his Majesty, or our oathes to the Government afore- 
said under his Majestyes authority, each of which we are 
conscientiously soliicitous about. If it bee possible to have an 
answer within the time prefixed in the warrant, wee should 
gladly be at the charges of its conveyance. Wee doubt not 
your wisdomes will duly weigh our Condition, & excuse our 
putting you to this necessary trouble as also see cause to make 
us some return as may further engage to continue. 
Portsmo. 10th July, 1665 — Your humble servants. 

T« Selectmen I '^^^^ ^^'^'^' Richard Cutt, 

1 iseiecimen, | ^^^^^ Stileman, Nath. Fryer. 

To the Worpi' Richard Bellingham Esq. Governor of the 
Massachusetts present. 

For the honored Deputy Governor to peruse. 
Hast ! post hast 1 



272 PROVINCE PAPERS. [1665. 

Councils letter to Mr Cutts and Selectmen of Portsmouth, read in 
Council July 12, 1665. 

Loving friends & Gentlemen : 

Yours of the 10th instant was received y® 11th instant at 
midnight with the warrant inclosed & on perusall thereof by 
as many of the Majestrates as such a juncture would permitt. 

It could not but be judged necessary to signify to you that 

your prudent and desires to performe duty & avoid all 

unnecessary dispute, that seems to be of an obstructive nature 
is accepted of and acknowledged. Its matter of no small won- 
der that Sir Robert Carr, Col. Cartwright & Mr Mavericke 
have taken upon them shewing & declaring no more or better 
grounds to justify their late actings in Yorkshire &c. now 
againe to breed you such trouble as to presume to sumon and 
require your inhabitants to meete together at their pleasure 
under pretence of communicating a letter lately received from 
his Majesty. Surely it cannot but be accounted a figg-leafe 
by all, that his Majesty is thus scandalized in so high a nature 
(as to be given out by them) that they have a letter from him 
to communicate to a single towne & not to his Colony & au- 
thority so owned by him (which doubt not but you may easily 
see through), & therefore advice is that neither yourselves as 
Selectmen, nor any of your inhabitants attend on any man- 
dates from the Commissioners who went hence & refused to 
treat any further with his Majestys authoi-ity here established 
or to capitulate with them declaring to them that you are un- 
der his Majesties government & authority of the Massachusetts, 
& must & will attend their orders only till the Generall Court 
understand & be satisfied his Majesties further pleasure and 
assure yourselves that all due care and authority shall be ex- 
erted for your peace & safety ; remayning 

Boston, 12th ) Your very loving friends, 

July, 1665. J Edward Kawson, Secret. 

In the name & by the order of the Governor & Council. 

Superscribed — "For our loving friends, Mr Jno. Cutts, Mr 
Kich. Cutts, Mr Elias Stileman, & Mr Nath. Fryer, Selectmen 
of Portsmouth." 



1666.] FROM MASSACHUSETTS RECORDS. 273 

For the honoured Francis Willoughby Esqr, Dep. Gov. & 
the rest of the Magistrates of Middlesex nigh at hand, 
these deliver. 

[Indorsed] Gov" warrant to call a Council as y* time & 
occasion will permit. 

July 12, 1665. 

Gentlemen, the occasion of this sodden sendinge is a letter 
of great consequence sent to me this night by a post from 
Portsmouth. I was called up about 12 of y* clock, k reading 
my letter I find it necessary to hasten an answeerr thereof in 
due season which cannot be done unless you with all expedi- 
tion come over to my house at Boston to conclude concerninge 
the business. I have sent to you desiring to you to expedit a 
messenger to Cambridge for Mr. Gookin & Mr. Danforth and 
Mr. Treasurer with yourselfe to meete at my house by sixe of 
the clocke this morninge : no more but your presence for this 
business we desire. Your loving Sir, 

E. Bellinqham, Gov. 
Boston 12 of July, 
at one of the clocke 
in night after Tuesday. 

Desyred by Jno. Leverett. 



Letter from Selectmen of Dover to the Council in Massachusetts. 

20 July, 1665. 
May it please the Honored Councill, &c. 

Having soe sure a hand it is a parte of our fidelity by these 
Presents to give you a brief acount of some late transactions 
here as having Eelation to the Publick. The 10th of this 
Pr'sent, warrents being sent to our Constables from the King's 
Commessioncrs in these parts to call the Town together the 
day following at the place of meeting to hear a Letter from 
His Majesty lately come to their hands, the Constables forth- 
with gave notice thereof to the Mayen part of the Town be- 
18 



274 PROVINCE PAPERS. [1665. 

fore it came to the knowledge of Capt. Walderne, though 
thereupon it was stopped from the notice of others, yett the 
following day the meeting being Assembled and the Letter 
Read, they were required to choose two men to meet at the 
Harbour's Mouth on the 6th day following there to receive 
with others their Instructions as concerning ffortifications. 
Inquiry being made who must have liberty of voting here in 
answer was made all and every one, which liberty wee fear will 
be improved by our Inhabitants in future meetings to our dis- 
turbances, the 6th day following notwithstanding Lettei's and 
Warrants sent, such as were chosen by the Towne proceeded 
to meet according to apointment, where poverty Being 
pleaded as rendei'ing them uncapable to manage such a work, 
they were showed the place for ffortitication & Left to their 
Liberty till they were better able, forthwith upon the place 
was presented by the hands of Abraham Corbet a Petition to 
His Majesty flfor the Inhabitants of New-Hampshire as they 
called it to Be taken from the Massachusetts goverment under 
his own to which sundry at the same time sett to their hands, 
since which time carryed about to procui-e more, this week a 
Coux't is kept at Wells & rumors are given out of their keeping 
a Court shortly at their return with us which if intended by 
them, wee ex[pect] it will be a suddaine busynesse before 
any Intelligence Can bee given thereof to youi'selves. having 
credible information of these premisses wee Comit them to 
your wisdome & consideration Beseching the Lord to direct 
you to do as Concerning them & all your soe weighty occasions 
vf"^ may issue in the good & wealle of all concerned therein. 
Remaining your Humble Servants. 

Richard Waldern, 1 c i 
HENERY X Langstaff, I ^eiejTtmen 



John Davis, 
hn eobeae 

Hist. Mem., No. 105. A. H. Q. 



John Robearts, J o"^cr. 



1665.] FROM MASSACHUSETTS RECORDS. 275 

Council's Letter to Constable of Portsmouth. 

"Whereas information is given tiiat contrary to the laws of 
this jurisdiction, the inhabitants of your towne arc summoned 
to meete toirethcr on the 13 of this instant at 8 of the clocke 
in the morning. These are in his Majesties name to require 
you to warne all persons so assembling to depart home to 
their respective places & in case any shall refuse or neglect 
obedience hereunto the names of such persons you are to re- 
turne with what you shall do under your hands, as you shall 
answer the conti'ary at your perill. Dated at Boston July 12, 
1665. By order of y" Gov. & Councill. 

These for the Constable of Portsmouth. E. R., Sec. 



Selectmen of Portsmouth to the Governor and Council, July 13, 1665. 

To the worshipful Eichard Bellingham, Esq"" Gov of the Massa- 
chusetts Coll. these presents, in Boston. 

To the Hon. Governor, Deputy Governor and the Councill of 
the Massachusetts Col. Much honored. 

Wee have [not?] time enough by jomy post haste messenger 
to write downe all the words our thankfull hearts are ready 
in all humilitie to dictate whereby to lett your worships under- 
stand how thankfully wee take your deepe sence of our con- 
dition with your so speedy & seasonable advice. The success 
whereof the Bearers had rather report by words of mouth, 
than give us leave to write but good manners in us will not 
permit us soe to doe. Many of our towne appeared, tho many 
did not, of those that appcai-ed divers departed according to 
your warrant. The Commissioners read the Kings letter & 
made the inhabitants that were thei'e present choose two per- 
sons to meet with them tomorrow at our harbour's mouth to 
take order about the fortification, but the grand business is 
this, they positively declare unto the people that they neither 
did nor should belong unto the Massachusetts, but that they 
would immediately take them of from & protect them against 



276 PROVINCE PAPERS. [1665. 

the same, further saying they would do the same with all the 
people on this side the bound house. And for an hansell P took 
away the Constables warrant refusing to returne it, but say 
they will carry it unto his Majestie, & thretten our former Con- 
stable with imprisonment if he give not unto their hands some 
papers sent by the Councell the last year, thus their design is 
now obvious, our people the five to one are in their hearts for 
the Bay, yet are readily & dreadfully affrighted with the 
names of Kings Commissioners, & account of everything sayd 
by them for Law. Wee feare they will gradually take advan- 
tage upon us by secret seducing the Ignorant and ill affected, 
then will openly prevail with the rest. Our work shall be 
to look up to God first, to yourselves nextly, for farther direc- 
tion what to doe & power to be enabled to doe according to 
direction that wee may be neither by force nor fraud deprived 
of that fellisitie, we long have had & hope for the future to 
enjoy under your happy Government nor may be nor account- 
ed to be dilinquents either to Majesty or yourselves. 
We subscribe your humble servants, 
-r. X io*i -v John Cutt, 

^''T*r?'J5 I Richard ciTT, 

July 1665. ^ Elias Stileman, 

Selectmen, ) Nath. Fryer. 



1665, Aug. 1. Yol. 4, pt. 2. 

Thomas Danforth, Eleaser Lusher & Major Genf- Jno. Leverett, 

JEsqrs. are appointed for the settling of the easterne parts, 

whose comission is as followeth : — 

The Generall Court of the Massachusetts jurisdiction in New 
England, to Thomas Danforth, EHazer Lusher, & John Lev- 
erett, Esq. 

You or any two of you are hereby fully authorized & impow- 
ered to repair in person to the Counties of Norfolk, Piscataqua, 
Isle of Shoals & York & to call before you any or every person 
or persons that have or shall act in the disturbance or reviling 
of the government there settled according to his majesty's 



1665.] FROM MASSACHUSETTS RECORDS. 277 

Royal Charter to this Colony, under the broad seal of England 
& to proceed against them according to their Demerits & the 
laws hero established, & to do any act for the settling the 
peace of the said places by declaration or otherwise according 
to your good & sound discretion, appointing of Constables & 
associates for the Courts & keeping of the same, according to 
the articles of agreement made with the said people of the 
said Counties respectively and for the better enabling you 
herein, all officers military & civil & all others the inhabitants 
of this jurisdiction are required to be aiding and assisting to 
you for the ends aforesaid as you shall see meet to require. 
And in case j^ou shall find it more expedient, you may send 
for any delinquents as abovesaid, by warrant, directed to any 
of the officers of this jurisdiction, or such others as you shall 
appoint for the apprehending of their persons, & causing them 
to appear before you in such places as you shall appoint, where, 
after examination, you shall further proceed as the matter 
shall require, & what you shall do herein to make return to 
the next General Court &c. 



The 18th of July, '65, John Foulsham sen. of Exeter being 
at Hampton, did produce certain wrightings to the vew of 
some then in his company. 

One of which was directed to the Kings majesty & entitled 
to bee the petition of Dover, Portsmouth, Exeter & Hampton. 
The contents of the said Pet. wear first a manifestation of 
great joy & raised expectations that they had upon his majes- 
ties sending over of Commissioners into these pts. 

21y. Sorrow that the said commissioners wei'e so evilly en- 
tertained by the Bay Government, & themselves so much dis- 
appointed of that good which they hoped to receive by their 
meanes. By way of request that the King would take them 
into his immediate protection. That they might be governed 
by the kuowno laws of England. 



278 PROVINCE PAPERS. [1666. 

That they might enjoy both the sacraments which they say 
they have bin too long deprived of. They conchided with de- 
sire of all temporal blessing &c. 

The subscribers. 
Francis Champanoo, This was the substance of the 

Abraham Corbit Petition & the names of most 

Henry Sherborn of the subscribers attests Sam- 

James Johnson uel Dalton, & may be further 

John Piekerin sen. evidenced by Henry Peering, 

Francis Drake John Sanborn, Abraham Par- 

Robert Burnam kins sen. Thomas Marston. 

Edward Hilton 
John Foulsham. 

To our Trusty & well Beloved Col. Rich. jSTichols & the rest 
of the Commissioners for visiting our Colony of N. E. 



I hereby testifie I doe freely forgive & acquit Mr Richard 
Gutt of Piscataqua River concerning any injury which hee 
might be supposed to have done raee by some words, which 
hee was accused to have spoken against the King's Commis- 
sioners (about having a dagger put in to their bellyes or gutts), 
& if the said Richard Cutt never molest Thomas Wigin of 
Dover or Doctor Greenland of Newbury for giving in evidence 
against him, or for reportinge him to be the author of such 
words, I promise never to produce those evidences which they 
have sworn to, before me, to his hurt or damage. In witness 
hearof I set to my hand& scale this 17th day of July 1665 
at Strawberry Bank. George Cartwright. [l. s.] 

"Whereas there is a report given out that I should returne 
the name of Mr Richard Cutt unto my Lord Chancellor among 
those which I conceive to be rebellious, I confess on his being 
accused for some words tendinge that way I intended soe to 
have done, but on better information and consideration, I see 
noe just cause for it nor have I done it. witness my hand 
July 24th 1665. Samuel Mavericke. [l. s.] 

Wee doe heareby testifie, that wee doe freely forgive & ac- 
quitt Mr Richard Cutt of Portsmouth on Piscataqua River, 



16G5.] FROM MASSACHUSETTS RECORDS. 279 

concerninge any Injurie which hee might beo supposed to have 
done us by some words which he Avas accused to have spoken 
against the Kings Commissioners (aboute havinge a dagger 
put into their bellycs or gutts) or words to the like purpose. 
And if the said Cutt never molest Thomas Wiggin of Dover, 
or Doctor Greenland of Newbury for giveinge in evidense 
against him, or for rcportinge him to bee the author of such 
words wee promise never to produce those wrightings & evi- 
dences which they have sworn to before us to his hurt or dam- 
age. In witness hcarof I have heareunto set my hand & seal 
this 24th day of July 1GG5. Egbert Carr, [l. s.] 

Samuel Mavericke. [l. s.] 

Tbes three Copies as is abovewritten, I have compared with 
the original! y' the gentlemen as is above named sett to ther 
hands & scales & is the true Copies thereof as is attested by 
me. John Cutt, Com^ 

Portsmouth 29 (12 mo) 1671-72. 



The following is without date or caption & is lettered thus 
on the back, "Testimonies from the selectmen of Dover, 
Portsmouth, Hampton, concerning several delinquents in the 
townes aforesaid, viz. Hen. Sherborne, Abraham Corbitt, John 
Fulehara, Edward Hilton, Eobert Burnham & others, thatt y^ 
Commissioners have taken upon them to exercise Government 
in those townes on the north of Merrimack Eiver & informe 
the people that they will take them of from the Bay Govern- 
ment, as is proved by their warrants to the severall townes & 
their Lett, to the Councell, their expressions to the INIarshalls 
when they were at Portsmouth, & to the people at a publick 
meeting at Portsmouth. 

2. y' at the meeting at Portsmouth one Henry Sherborne 
being a freeman (when it was demanded who would be under 
the Immediate government of the King & Kenounce the Mas- 
sachuset) the sayd Henry Sherbon sayd " one and all " or in 
words to the Like effect. 

3. thatt one Abraham Corbitt of Portsmouth doth there 
keep a house of public entertainment by stilling & selling 
strong liquors without license and takes his opportunity to 



280 PROVINCE PAPERS. [1665. 

present pettitions to persons & to endeavour to draw them oflf 
from the Bay Government under a pretence of subjecting to 
the King's immediate Government &c. & suffereth great disor- 
ders in his house. 

4. Severall persons about Pascattaqua have gone about with 
Pettitions to procure hands to be taken of from the Bay Gov- 
ernment, the principal actors in which petition are here un- 
derwritten. Abraham Corbitt, Eobert Burnham, Edward Hil- 
ton and John Foulsham Sen^ 

The premises considered the Inhabitants of Dover & Ports- 
mouth doe desire of this Court that some speedy Course may 
be taken to settle these places & to suppress that have bin the 
fomenters of strife & divission amongst them. 

KiCHARD WaLDERNE, 
ElCHARD CoOKE. 



To the Constable of Portsmouth. 

"Whereas complaints have been made that Abraham Corbett 
of the towne of Portsmouth hath in a disorderly manner 
stirred up sundry of the inhabitants to signe a petition or re- 
monstrance against his Majesties Government here settled & 
in a contemptuous manner in sundry other respects hath de- 
meaned himselfe. In his Majesties name you are required to 
warne ye said Corbitt that he appear before the Generall 
Court to be held at Boston the 11th of this instant & of what 
you shall do herein you are to make a true returne speedily 
to the Court or Secretary under your hand & not to faile at 
your perill. Thomas Danforth, 

Dated in Portsmouth Eliz. Lusher, 

10, 8, '65. Wm. Leverett. 

You may inform him that the Generall Court beginns to sitt 
the 11th day, & he must appear as soon as time will permitt 
after notice by this summons & in the name of the Court be- 
fore the Governor. 

Indorsed, " Mr. Abraham Corbitt was summoned to appear 
before the General Court or the Governor the 20th of October 
1665, by me. Thomas Denes, Consta." 

Eeceived the 7th of Nov. per Woodman Sumner. 



1665.] FROM MASSACHUSETTS RECORDS. 281 

King's Commissioners. 

Here follows a further account of the Kings Commissioners 
in the Eastern parts. The inhabitants of those parts being by 
the threats and calumniations of the Kings Commissioners 
against the Massachusetts Government so terrified & amased 
that they did not well know what to do, such of them as were 
more peaceably minded when they plainly saw the sad effects 
thereof, that is the reducing of them to a former if not a worse 
estate than that they were in before the Massachusetts extend- 
ed their Government over them, viz. destitute of an able min- 
istry & liberty for those that were bold in sin & wickedness to 
rant it amongst them at a high rate, the consideration hereof 
filled their eyes with tears & their hearts with sorrow, for, to 
express themselves in opposition to the Kings Commissioners 
&c. It was rendered no less than treason in a high degree. 
Amongst others, take this one instance being the expression 
of Sir Robert Carr, who in a high & resolute manner before 
sundry persons said that " If the rest of the Commissioners 
would have joined with him he would have hanged a poor old 
man at the next tree, and being asked by some gentlemen that 
were present, what the man's fault was. Himself confest it 
was only disrespect to them in forbidding his grand-child that 
was servant to one of his neighbors to open the doors to them, 
his master and mistress being then from home, for he said 
what disrespect was put upon them he looked at as put on his 
Majesty. And those of Portsmouth & Dover being informed 
that some persons maliciously bent against the order and gov- 
ernment which had been lor sundry years a restraint to their 
licentious Courses, secretly & most perfidiously had drawn a 
Petition to be presented by Col. Cartwright at his return to 
his majesty in the name of Dover & Portsmouth & Exeter & 
Hampton four towns situate on the south side of Piscataqua 
Eiver & had carried the matter so secretely that none but 
those that were of Iheir Council could have the knowledso 
either of the actors or of the thing acted. The sad k uncom- 
fortable event whereof they were very sensible & therefore 
earnestly applied themselves to the General Court of the 3Iass- 
achusetts that in some orderly way they might have an oppor- 



282 PROVINCE PAPERS. [1665. 

tunity put into their liands to clear themselves of so great & 
unjust aspersion, as were hereby cast upon the Government 
under which they were orderly settled & also manifest their 
sense of such perfidious actings, lest by their silence they 
should be concluded as being of the same mind with the Peti- 
tioners. On whose motion the General Court nominated three 
gentlemen & gave them a commission to act in the said matter 
for the settling of the peace of those places, as to them might 
seem most meet. The result whereof in the return made un- 
der the hands of the Commissioners with Coj)ies of petitions 
from the inhabitants of Dover & Portsmouth & evidences in 
the Case here followeth with the copy of a letter directed to 
them from Sir Robert Carr countermanding the commissioners 
in the execution of their trust committed to them by the Gen- 
eral Court. 

We whose names are subscribed being commissionated by 
the General Court in August last to repair to the Plantations 
on Piscataqua Eiver On the 5th of this instant, we repaired 
to Portsmouth in the County of Norfolke, & upon the 9th of 
the same instant by summons directed to the Constable we 
assembled the inhabitants of the said town, unto whom we 
caused the Commission granted us by this Court to be read, & 
signified to them that we were informed that a petition had 
been exhibited to the Kings Commissioners in the name of 
Portsmouth, Dover, Hampton & Exeter, subscribed by sundry 
hands containing a Complaint or Remonstrance against the 
government under which they were orderly settled by his 
Majesty's Royal Charter to the Massacbusets the grounds 
whereof we did desire to know & for that end we called them 
together that in case they had any of them any just greivance 
ujDon their minds, they might freely acquaint us with the 
same, & we should faithfully report the matter to the Court 
that sent us & in like manner upon the tenth of the same 
month we assembled the inhabitants of Dover, unto whom we 
also caused the Commission granted us aforesaid to be read & 
signified to them also what information we had received as is 
above recited, on hearing whereof the inhabitants of both the 
said townes respectively protested against the said Remon- 
strance or Petition, that was exhibited in their names to the 



16G5.] FROM MASSACHUSETTS RECORDS. 283 

Commissioners, & freely professed themselves fully satisfied 
with the Government under which they are orderly settled as 
themselves acknowledged & tendered freely to acknowledge 
the same by presenting their petition to the Hon** General 
Court as their Remonstrance against the perfidous actings of 
such persons as had so injuriously acted against the peace of 
the place & whose names they said were the most of them 
unknown, only some of them informed us that one Abraham 
Corbet of Portsmouth had been very active in drawing up & 
promoting the subscription of the said Remonstrance, & that 
in other respects the said Corbet was an occasion of their 
great disturbance, & is a nourisher of much vice & wickedness 
by giving irregular entertainment of loose persons in his 
house, against whom we granted an attachment for his ap- 
pearance before us, but the Marshall returning that he was 
not to be found, we left a warrant with the Constable of Ports- 
mouth to summons the said Corbet to appear before this Hon'* 
Court, a copy of which Petition, from the several towns 
abovesaid together with the evidences tendered us on oath 
against the said Corbet as also a letter from Sir Robert Carr 
sent unto us by a man when we were at Portsmouth whereby 
he essayes peremptorily to countermand the Commission & 
power granted to us by the Hon** Court, we do herewith pre- 
sent to this Hon'* Court. 

Further we may inform this Hon** Court that the inhabitants 
when met at the aforesaid towns respectively informed us that 
sundry of their neighbours were prevented by the Providence 
of God, so as that they could not attend the meetings but they 
know that many moi-o that were absent were of the same 
mind with themselves. Also upon inquiry concerning the 
other two towns viz. Hampton & Exeter, we were informed 
by the most knowing & publick persons of the places, that the 
people of the said towns had not acted in or consented unto 
the said Remonstrance, a Certificate in the behalf of Exeter 
we herewith also present, & in the behalf of Hampton also the 
like Certificate we conceive may be obtained in case this Court 
shall desire it. Thomas Danforth. 

Eleazer Lusher. 

Boston, 10 Oct. 1G05. John Leverett. 



284 PROVINCE PAPERS. [1666. 

To the HorCed Gener. Court of the Massachusets in Boston, these 
presents show this tenth of October, 1665. 

May it please the Honored Court. 

Whereas we the inhabitants of Dover have received Credita- 
ble information that the inhabitants of some of the tovvnes 
bordering upon y* River of Pascataqua have petitioned his 
Majesty o[u]r Dread Sovereign with respect to wrongs and 
usurpations they sustain in the Prsent Government under 
which they reside, for an alteration to be made amongst them 
in the Government as his Majesty please to order the same : 
We thought it necessary being assembled in a Townes meotinge 
to cleare orselves for or owne part by these prsents from hav- 
ing any hand in any such Petition or Remonstrance, and in 
case any such act hath passed we looke at it as unworthy mis- 
representation of us the Inhabitants of Dover to his Majesty 
as being without any either consent or Meetinge for Congni- 
sance of the Towne or the Major part thereof. Furthermore 
as its o[u]r bounden Duty so upon this occasion we profess 
the same, that God assistinge we shall continue in o[u]r faith 
and Allegience to his Majtie, by adhering to the present Gov- 
erment established by his Roial charter in the Colony of the 
Massachusetts according to the Articles of Agreement. We 
beseech the Lord for his presence in the midst of you, and 
his blessinge upon all your publick and weighty occasion and 
humbly take leave. 

Richard Walderne, 

William Wentworth, 

John Roberts, 

John Davis, 



► Selectmen. 



It wap voted at a publick townes meetinge October 10, 1665, 
that the contents hereof be presented to y* Gen. Court as the 
Townes act, and that it be prsented to all the rest of o[u]r nei- 
bors to subscribe their hand as anj^ willinge. 
John Reyner Thomas Downs 

Peter Coffin X Richard Cater 

X Henry Tibbuts X Charles Adams 

William ffurber X William Laiton 

Thomas Nock Steven Jones 

Jeremiah Tibbuts John Loveringe 



1665.] FROM MASSACHUSETTS RECORDS. 285 

X Koberd Evenes John Bickford 

Hate-evil Nutter X Richard lloe 

John Woodman John ffrost 

X John Heard John Chirch 

X Thomas Canny X Thomas Layton 

John Dura X William Beard. 

John Hall 

This is a trew Cope Taken from the oridgenall. 

Per me, William Pomfrett, 

John Clarke. 
Dover Town Rec, No. 100. A. H. Q. 



Portsmouth Fetition or Subscription. 

To the Hon'd Gen'l Court of Massachusetts : 

May it please you — 

That whereas there is a bruite and fame of a petition drawne 
up by us the inhabitants of Portsmouth, and sent us his Ma- 
jestic, the contents of which is to charge the government of 
the Massachusetts with usurpation upon us and to supplicate 
an alteration of Government & governors that his Majesty 
Jiath at present established by his Eoyal Charter among us, 
Wee the selectmen for the prudentiall affairs of the said town, 
& sundry others, the Inhabitants, doe Certify the Honored 
Court that we are inocent & cleare of any such act, & doe dis- 
claime the same as an}' of our Towne act, and doe account 
ourselves abused by any that have fathered such a thing upon 
us. In testimony whereof we subscribe our names the 9th of 

October 1665. 

r Eichard Cutt, 

c, 1 , I Nath. Frier, 

Selectmen, I j^,^^ ^^^^^ 

[^ Elias Stileman. 

John Hart, Richard Comins, 

Richard Tucker, Jno. Moses, 

John Brewster, James Pendleton, 

Charles Gleeden, Leonard Weeks, 

Edward Bickford, Rich. Goss [Jose], 

Francis Eann, Robert Townsend, 



286 PROVINCE PAPERS [1665. 

Walter Neale, Samuel Haynes, 

John Westbrooke, Joseph Walker, 

Eichard Jackson, John Amenseen, 

Joseph Moss, Philip Lewis, 

Anthony EUery, (?) Stephen Grassam, 

John Lewis, Thomas Denness, 

William Seavey, James Gate. 



This may certify whom it may concern, that concerning the 
Question that is in hand, whether the town of Exeter hath 
subscribed to that petition sent to his Majesty for the taking 
of Portsmouth, Dover, Hampton & Exeter under his immedi- 
ate Government, I do affirm to my best apprehension & that 
by more than probable conjecture that the town of Exeter 
hath no hand in that petition directly or indirectly. 

Witness my hand, 10, 8, '65. 

Samuel Dudley. 

Henry Sherburne aged about 53 years. This deponent saith 
that being at his owne house one morninge there came some 
of our neighbours as they were going up to Strawberrie bank, 
they asked me if I would go with them & I refused, & with 
much importunitie they persuaded me & when I came up there 
were people together to set their hands to a petition, & I this 
deponent hearing it read did refuse to set my hand to it, & 
further saith because as I did understand by what was read to 
the people there was in the petition some words concerning 
the usurping of power over the people here by the Massachu- 
setts government, & this said petition was read by Mr Corbet 
to the people in his house, the number of them there present 
might be as I did apprehend about 18 or 20 persons or there- 
about, & whether the Petition was directed to his Majesty im- 
mediately or to his hon*^ Commissioners, I am not certain. But 
to one of them it was, & some then present set their hands to 
it, And further saith not. The time when this was acted some- 
time like this last summer. Henry Sherburn. 

Portsmouth, 9 : 8. '65. 

Sworn before me. Thomas Danforth. 



1GG5.] FROM MASSACHUSETTS RECORDS. 287 

Robert Purrington aged about 30 years being sworne doth 
say, that sometime tliis last Summer about May or June, 
Abraham Corbet of Portsmouth came to mo in the woods, & 
spake to me about a petition from the King8 Commissioners, 
to which set throe hands, viz. the said Corbets', Francis Drake 
& Wni Cotton, & in the said petition was contained sundry 
complaints against the government & the laws & he desired me 
to speak unto others to put tlieir hands to it, & at another time 
at his own house he (that is the said Corbet) persuaded sun- 
dry that were present to the number of 20 more or less that 
they would put their hands to a petition to the same effect as 
the former, sundry did put their hands to this last petition at 
Corbets' house & some refused, & he said unto me in the woods 
that Mr. Moodey's praj-ers were but babblings, also when we 
were at his house he told us that he had taken the names of 
sundry at Dover, for whom he drew a petition as I understood 
him. Taken upon oath before us. Tho. Danforth. 

E. Lusher. 

Jno. Joanes aged about 50 years, inhabitant of Portsmouth 
on Pascattaqua River in New-England, being sworne, on his 
examination doth say, that in or about Julj^ last. Sir Robert 
Carr, Kt. George Cartwright Esq"" Samuel Mavericke Esq"" call- 
ing the inhabitants of the said towne together. Hee the 
said Jones was present among some others to the number 
of about 100 people more or less as he judgeth & at the head 
of the Company Sir Robert Carr there & then said openly to 
the people that they would release them from the Government 
of the Bay, & that the Bay government should come no fur- 
ther than the bound house. Also the said Joanes do testify 
that he was present at the house of Abraham Corbet of Ports- 
mouth where was mett sundry persons together, & the said 
Corbett did draw up a petition, unto which sundry hands were 
putt, which he understood was to be delivered to the Commis- 
sioners & the time when this petition was drawn was when 
the gentlemen Commissioners abovenamed were in Ports- 
mouth, & the purport or scope of the petition was that they 
might be released from the Government of the Bay. 

Taken upon oath, Before us, Tiiom.vs Danforth. 

the 7th of Oct. 1GG5. 



288 PROVINCE PAPERS. [1665. 

Carr's Letter to Maj. Gen. Leverett, &c. 
Gentlemen : 

Hearing of your being at Strawberry Bank & being in- 
formed of your strict Course you intend against those that 
have supplicated his Majesty for their fi-eedom & liberty, I 
could not do less than in his Majesty's name to request you to 
take notice of this inclosed which is a true Copy of a letter 
sent to the Governor & Council of Boston, and in his Majesties 
name I do again desire and require you would forbear trou- 
bling or molesting such person or persons in Strawberry Bank, 
Dover or Exeter as have petitioned his Majesty, until his Ma- 
jestys gracious pleasure be further known. This is all at pres- 
ent but that I am Gentlemen, your friend & servant 

Egbert Carr. 

Dated at Kittery 10. Oct. 1665. 
& was superscribed, " For Major General Leverett & the rest 
of the Commissioners from Boston at Strawberry Bank. 
These." C. Eec, v. 4, p. 549. 



The Court having seriously & duly weighed several things 
which have been acted by his Majesties Honorable Commis- 
sioners at the Eastward, since the last session of the Court, 
tending to the disturbance of the Peace of his majesties good 
subjects there, judge meet forthwith to send to the aforesaid 
gentlemen to desire a confei-ence with them concerning their 
actings abovementioned that this Court may be satisfied con- 
cerning the same. 

On Sir Eobert Carr's answers to the Secretary made known 
to the whole Coui't: It was put to the Question, whether the 
Court would proceed any further at this time in that business. 
It was resolved on the Negative. C. Eec, vol. 4, p. 553. 

The whole court meeting together, Ordered that the Secre- 
tary forthwith issue out an attachment from this court & direct 
it to the Marshalls of Dover & Portsmouth, to apprehend & 
seize the peson of Abraham Corbet, & him safely convey to 
Boston & bring him before the Governor or Magistrates at 
Boston, to answer for his tumultuous & seditious practises 
against this Government, to be proceeded with as in their wis- 
dom they shall find cause. C. Eec, vol. 4, p. 561. 



1666.] FROM MASSACHUSETTS RECORDS. 289 

Capt. Willard <& Capt. Johnson's Oath about the North line. 

Vol. 4, pt. 2, p. 242. 

Whereas the Generall Court of the Massachusetts, in the 
yeare 1652, appointed us, whose names are undersubscribed, 
to lay out the northern line of our patent, & now being called 
to give testimony of what wee did therein, to this wee say as 
follow"' : Besids our returne in the Court Book, p. 103, wee 
indented w*'' two Indians, well acquainted with Merrcmak 
River & the great lake to which wee went, borne & bred all 
their days thereupon, the one named Pontauhum, the other 
Ponbakiu, very intelligent as any in all those parts, as wee 
conceive. We covenanted w"' them to leade us up Merremake 
River so far as the river was Merrimake River. When wee 
came short of the lake about sixty miles,* then came two 
rivers into, one from the westward of the north, & the 
other from the northward of the east. The westerly river to 
me, as I then thought, was bigger then the other; but taking 
notice of both these rivers, & knowing wee must make use but 
of one, I called the Indians to informe us which was Merre- 
make River; their answer was, the river which was next unto 
us, that came from the easterly point, which river wee followed 
unto the lake. Witness our hands this 17th of the 3d month, 
1665. Symon Willard, 

Edward Johnson. 

Attested on oath before the Gov'nor & Magistrates, assem- 
bled in General Court. As attests. 

Thomas Danforth, p. order. 

This is a true copie compared with the original on file. As 
attests. Edw : .Rawson, Secret. 

* This must be an error. From the junction of the Pomigewasset and 
AVinnepesaukee river at Franklin, the distance to the "great lake" is 
scarcely twenty miles. At this day the Merrimack bears that name dis- 
tinctively only to the junction in Franklin. Thence the Pemigewasset on 
the one side, and the Winnepesaukee on the other, are spoken of by their 
names, as branches of the Merrimack. Ed. 
19 



290 PROVINCE PAPERS. [1665. 

Richard Walderne's oath about Merrimack River. 

Yol. 4, pt. 2, p. 242. 

I, Eichard Waldern, being called by the Generall Court to 
give in evidence of what I know about the name of Merremack 
Eiver, testify & say that about thirty years since, having some 
comerce or trade w"" the Indians at Pascataqua, and many 
others both of Paucatuck & Winnipicioket, did inquire what 
they called the river at Pennicooke. They said it is Merre- 
make & inquiring why there were other names upon that 
river, the answer was, such names referred to the places of 
land where Indians live upon the river, not the river itself; 
but the river beareth the name of Merremack, not only in that 
branch which runneth from Winnipicioket, but the other 
branch which runneth more westerly ; also, likewise about six 
years since, being sent for by Passaconaway & severall other 
sagamores, where there was a great many Indians at Penne- 
cooke, & being then at the fort which was by the rivers side, 
& enquiring concerning the name of the river, receaved the like 
answer as is above expressed. 17, 3 m., 1665. 

Attested on oath before the Governor and Richard Waldern, 
magistrates in Generall Court. As attests. 

Thomas Danforth, per order. 

This is a true copie compared with the original left on file. 
As attests. Edw. Rawson, Secret. 



Yol. 4, pt. 2, p. 243. 

Peter Weares Oath, ad idem. 

Being called by the Generall Court to an give accompt of 
what my knowledg was concerning the extent of Merremack 
River, having oftentimes travailed the country, some of the 
natives always w'^ me, which hath from time to time affirmed 
that the lake called Winnipaseket issues into the river of Mer- 
remake, & having some Indians w* me upon the north side of 
the s*^ lake upon a great mountaine, did see the said lake which 
the Indians did affirm issues into the aforesaid river, having 
this report by them for the space of twenty-seven years. 

Peter Weare. 



1665.] FROM MASSACHUSETTS RECORDS. 291 

May 17, 1665. Attested on oath before the Govno' & Magea- 
trates, in generall court. As attests. 

Thomas Danforth, p. order. 

This is a true copie compared with the originall on file. 
Attests. Edward Rawson, Secret. 



At a Generall Court of Election held at Boston May 23, 1666, 
Capt. Richard Waldron was chosen speaker for the session.* 

On the request of the Deputies of the County of Norfolk, 
Major Simon Willard is appointed by this Court to keep the 
County Courts at Hampton & Salisbury for the year ensuing. 

Mr Abraham Corbet being bound over to this Court to an- 
swer to what should be laid against him &c. at last, after de- 
fault was made by his non-appearance, He appearing. The 
Court read the Commissioners Return, & hearing his answers 
to the evidence produced proceeded : 

Whereas Abraham Corbet of Portsmouth stands convicted 
of a seditious practice, stirring up sundry of the inhabitants 
of the place where he lives to discontent against the govern- 
ment & laws here established, entertaining in his house such 

*At a meeting of the Selectmen [of Dover] the 29th 2d mo. 1G65. 
Orders for Capt. Walldern Debety for the Genarl Courtt. 

1. Ordered that wold stand to mayntayn our preveledge by vertu of 
our articklees of agrement, and to bring the proseding of the Court in 
writing. 

2. That you move the general Courtt that our County Court may boal- 
tred for time of it untell September. 

3. That we desire thankfulness may be Eeturned unto the Court for the 
caer and Goverment under his Majesty. 

4. That whereas we ar informed that several persons have made som 
writing in way of coraplaynt against us or som of our prosedengs, we 
know noe case theay have so to doe, and doe desier you to make all the 
Defence you can against them. 

5. And that whear as our parts ar soe fer distant from boston and the 
lawedoth Injoine all that will be made freemen to appeir at boston that 
you wold peteshon the Court that those that are Capabel to be made free 
may be at our Countcy Courtc. Dover Town Rcc, No. 42. A. H. Q. 



292 PROVINCE PAPERS. [1665. 

persons as are his Complices in these his proceedings, & by the 
information of our Commissioners late sent upon the place to 
inquire of the proceedings of sundry malecontents, the said 
Corbet is rendered to be in his Course & practice the cause of 
much trouble to the peace of his neighbors & contrary to the 
law, by keeping a house of comon entertainment is a seminary 
of much vice and wickedness. This Court doeth therefore or- 
der that the said Corbet shall give 100 pounds Bond with 
sufficient security for his peaceable Demeanour, for the future 
& observance of the law, prohibiting his irregular j)ractises by 
retailing of Beer, Cider, Wine or Licquors, & that he shall also 
be disabled from bearing any office in the town where he lives 
or in the Commonwealth & all dui-ing the pleasure of this 
Court, & that he also pay a fine of £20, & costs £5 for his 
apprehension and bringing down. 

Abraham Corbet came into the Court and acknowledged 
himself as Principal bound in £100, & Capt. Thomas Breedon, 
& Edmund Downs his sureties in £50 apeece, acknowledged 
themselves, their heirs, executors &c. bound respectively in the 
sums abovementioned to Richard Russell Esq"^ Treasurer of this 
jurisdiction, on this Condition, that the said Abraham Corbet 
shall observe & keep & perform the sentence of the Court in 
' all respects. 

In Answer to the motion & request of Mr. Nathaniel Fryer, 
Deputy for Portsmouth, The Court judgeth it meet to desire* & 
appoint the Hon*^ Deputy Governor & Major General John 
Leverett, or either of them to keep the next County Court at 
Portsmouth in June next. C. Eec, vol. 4, p. 568. 

And it is ordered that the Hon** Deputy Governor & Major 
General on the place, consult with Capt. Richai'd Waldron, Mr 
John Cutts, Mr Richard Cutts, Mr James Pendleton, Mr Elias 
Stileman, Mr Nathaniel Fryer & Mr Peter Coffin,* and view the 

*By the Sellectmen [of Dover] the l-5th, 2d mo. (65. 

Ordered, That Mr. Peter Coffin shall be Impowered by this meeting to 
Agree with some workman to Build a Terrett upon the meeting house for 
to hang the Bell which wee have bought of Capt. Waldern, and what it 



1665.] FROM MASSACHUSETTS RECORDS. 293 

convenientest place for erecting necessary fortifications for the 
welfare & safety of the place & what the said magistrates or 
either of them with an}^ five of the said gentlemen shall deter- 
mine to be done for the ends aforesaid, shall be with the great- 
est expedition mannaged and carryed an end by such person 
or persons as they shall order & appoint & that, when the For- 
tification is made or is in such a Readiness as to receive great 
guns, this Court will not be wanting to such as are in power. 
C. Eec, vol. 4, p. 569. 



1665, 1 August. P. 274. 

It being put to the question whether a present addresse & 
application shall be made by this Court to his majesty, that so 
his majesty may understand the grounds and reasons of this 
Courts transactions with his hon^'e commissioners, it was re- 
solved on the affirmative. 

And accordingly the court proceeded, and agreed upon this 
addresse : 

Cost to pay out of what credit the Neck of land hathe in your hand, and 
if cost moor, wee doe ingage to pay you upon the Towne acompt. 

KiCHARD WaLDKRNE, 

"Will. Wentworth, 
John Koberds. 
Dover Town Rec, No. 42. A. H. Q. 

By the selecktmen [of Dover] the 25 ; 10 : 1665. 

Ordered that wheras thear ar several Deffrinces apprehended to be be- 
twixt the Inhabetants of Dover and are principally with our naboers at 
Oyster Eiver, thes are therfoer to desire all our naboers that have anie 
Greivances to meitt together and to propound what matter of doffarance 
thear is and to stat the Case Against the next Publick Towne meiting is 
apoynted the third Monday in March wch is the IDth day therof at the 
meeting house in Dover Neck thear to Discorce the sayd dcfrences for the 
settlinge of peace amongst us, or if it cannot be ther agreed then to chuse 
some others to heir and determine the same, and the Constables of the 
Towne are heirby ordred to give notes [notice] to all the Nabors in thear 
Kespecktive places to meet for the end afoersayd. Dover Town Rec, No. 
43. A. H. Q. 



294 PROVINCE PAPERS. [1665. 

To the Kings inost excellent Majesty, The hujnhle Petition of the 

General Court of the Massachusetts Colony in New-England. 
Dread Soveraigne : — 

Let it not be unpleasing to your majesty that your poore 
subjects do againe prostrate themselves at your royall feete to 
beg pardon for what error or weaknes hath unwittingly slipt 
from us in our last addresse, wherwi*'' your Majesty (as wee 
are informed by your Secretary) was displeased for (God 
knows) it was farr from our intention to give any occasion of 
offence. Wee desire plainly and affectionately to spread the 
case of yo"" subjects here before the common father and prince, 
who, being placed in so high a sphere, & at so great a distance 
might possibly want a right understanding of the greivances. 
But wee confess that what wee then presented was our feares 
of what wee did then rather foresee than feele; but now, to 
our griefe and great sorrow of heart, wee find (& wee hope 
your majesty in due time will see) that the gentlemen sent 
hither in the capacitie of commissioners, especially three of 
them (for Colonel JSTicholls, we must acknowledge, had not his 
hand in many things that are greivous to us, and wee thinke 
would not; whereas the commission seems to import, that 
w"^out him no valid act can be done) who have steered a course 
so different from, if not contrary to, your majesties gracious 
expressions & limitations in your royall letters & instructions, 
and we believe very much against your gracious disposition & 
inclination, that those good ends of yo'' majesties sending 
them hither, expressed in your letters, are, as much as in 
them lies, made void & frustrate; and instead thereof, your 
poore subjects threatned with ruine, reproached w'^ the names 
of rebells, and your government, established by charter, & our 
priviledges, violated & undermined ; causeless complaints from 
Indians receaved and countenanced, in so much that the very 
eaiTiage and deportment of many of the heathen is changed 
towards us ; our injurious & licentious neighbors annimated 
against us, a notorious malefactor protected from justice, some 
of your faithfull subjects dispossessed of the lands & goods 
without hearing them speake in their cases, the unity of the 
English Colonyes (which is the wall & bulworke, under God, 
against the heathen) discountenanced, reproached & under- 



16G5.] FROM MASSACHUSETTS RECORDS. 295 

mined, our bounds & limits dipt & shortened, severall townes 
in our nortli border already (so fiirr as in them lies) taken from 
U8, they declining to heare our just pleas therein, though 
offered to them. The particulars of these things & other of 
like nature, they have acted, w*^*" are collected, with due proofo 
of them and transmitted to be humbly presented. 

We have ground to believe that these gentlemen will repre- 
sent our cases in another dresse, & as here, by tongue & pen, 
80 there to your majesty & others, will labor to render us as 
vile as imaginable, & will not be wanting in endeavors to stirr 
up your majesty to wrath & indignation against us; but wee 
believe your majesties wisdome & goodness will not over hasti- 
ly receive such impressions. 

But wee beseech yow, royall S'', that you will thinke, & ex- 
pect, & believe other and better things concerning youre poore 
suppliants, a just dependance upon & allegiance unto your 
majestic, according to the charter wee have & doe possesse & 
practise, & have by our oathes of allegiance to your majesty 
confirmed ; but to be placed upon the sandy foundations of a 
blinde obedience unto that arbitrary, absolute & unlimited 
power which these gentlemen would impose upon us, who, in 
their actings towards us have carried it, not as indifferent per- 
sons towards us, this, as it is contrary to your majesties gra- 
cious expressions, and the liberties of Englishmen, so wee can 
see [no ?] reason to submitt thereto. 

If these your colonies should be set into the flame of con- 
tention and confusion either among themselves, or by the 
heathen, which seems to be the design of some, rather than not 
to have their wills, wee cannot conceive what profit or honor 
is like thereby to redound unto our lord the king. 

Wee hope there is nothing can be objected against us either 
by English or Indians, wherein wee are not able to cleare our 
innocency (human frailties excepted) & have manifested our- 
selves alwaj's ready to give a rationall account of all our 
actions; but if the quality of many, if not most of the com- 
plainents (as Indians, Quakers, libertines & malefactors) were 
known as it is to all knowing men here & it would not be 
thought that those complaints should be accomptcd consider- 
able. 



296 PROVINCE PAPERS. [1666. 

But we must conclude, & comitt our cause unto the Lord 
God, & under him to your royall selfe, casting ourselves in all 
humilitie before your majesty, beseeching the god of heaven to 
incline 3'our heart to extend benignity, favour & a gracious 
aspect towards us, which of all outward things we most highly 
prize, and that wee desire no longer to enjoy than while wee 
shall continue to pray for your temporall and eternall happi- 
ness & approve ourselves to be 

Your majesties most loyall subjects & suppliants, 

Ei : Bellingham, Gov"^ in y*' name, 
& by order of y^ Generall Court. 
1st August, 1665. 



Copy of a Letter from King Charles the Id to the Massachusetts 
Colony, in 1666. 

[Copied from Hutchinson's History of Mass., App., No. 19.] 

Charles, E. 

His Majesty having received a full information from his 
commissioners who were sent by him into New England, of 
their reception and treatment in the severall colonyes and 
provinces of that plantation, in all which they have received 
great satisfaction, but only that of the Massachusets; and he 
having likewise been fully informed of the accompt sent hither 
by the Counsell of the Massachusets, under the hand of the 
present governor, of all the passages and proceedings which 
have been there between the said commissioners and them 
from the time of their first coming over; upon all which it is 
very evident to his Majesty, notwithstanding many expres- 
sions of great affection and duty, that those who govern the 
Collony of the Massachusets doe beleive, that the commission 
given by his Majesty to these commissioners, upon so many 
and waighty reasons, and after so long a deliberation, is an ap- 
parent violation of their charter, and tending to the dissolu- 
tion of it, and that in truth they doe, upon the raattei', beleive 
that his Majesty hath noe jurisdiction over them, but that all 
persons must acquiesse in ther judgments and determinations 
how unjust soever, and cannot appeall to his Majesty, which 
would be a matter of such a high consequence as every man 
discernes where it must end. His Majesty therefore, upon due 



1G66.] FROM MASSACHUSETTS RECORDS. 297 

consideration of the whole matter, thinks fit to recall his sayd 
commissioners, which he hath at this present done, to the end 
hee may receive from them a more particular account of the 
state and condition of those his plantations, and of the partic- 
ular differences and debates they have had with those of the 
Massachusets, that so his Majesty may pass his final judgment 
and determination thereupon. His Majesty's express command 
and charge is, that the governor and councell of the Massa- 
chusets doe forthwith make choice of five or four persons to 
attend upon his Majesty, whereof Mr Eichard Bellingham and 
Major Hathorn are to be two, both which his Majesty com- 
mands upon their allegiance to attend, the other three or two 
to be such as the councell shall make choice of; and if the said 
Mr Bellingham be the present governor, another fitt person is 
to be deputed to that office till his return, and his Majesty will 
then, in person hear all the allegations, suggestions, or preten- 
ces to right or favour that can be made on the behalf of the 
sayd colony ; and will there make it appear how farr hee is 
from the least thought of invading or infringing, in the least 
degree, the royall charter granted to the said colony ; and his 
Majesty expects the appearance of the sayd persons as soon as 
they can possibly repair hither, after they have notice of this 
his Majesty's pleasure ; and his further command is that there 
may bee noe alterations with reference to the government of 
the province of Mayne, till his Majesty hath heard what is 
alledged on all sides, but that the same continue as his Majes- 
ty's Commissioners have left the same, untill his Majesty shall 
further determine; and his Majesty further expressly charges 
and commands the governor and counsell there, that they im- 
mediately sot all such persons at liberty, who have been or are 
imprisoned, only for petitioning or applying themselves to his 
Majesty's commissioners. And for the better prevention of 
all differences and disputes upon the bounds and limits of the 
several colonycs, his Majesty's pleasure is, that all determina- 
tions made by his Majesty's said commissioners with reference 
to the said bounds and limits may still continue to be observed, 
till upon a full representation of all pretences, his ^Majesty 
shall make his own final determination ; and particularly the 
present temporary bounds set by the commissioners between 



298 PROVINCE PAPERS. [1666. 

the colonyes of New-Plymouth and Rhoad-Island, until his 
Majesty shall find cause to alter the same. And his Majesty 
expects that full obedience be given to this signification of his 
pleasure, in all particulars. 

Given at the Court at Whitehall, the 10th day of April 1666, 
in the eighteenth year of his Majesty's reign. 

Will. Morrice. 



23d May, 1666. 4, 2d, p. 296. 

Whereas severall townes in this jurisdiction are not under 
the command of any serjant major, as Dover, Portsmouth &c. 
as also the townes in the county of Hampshire, it is ordered, 
that the major generall take care for the regulating of the 
military affaires of such townes till they are brought under a 
major, as in other counties, & all military officers of such places 
are required obedienc to the orders of the major generall from 
time to time, upon the penalty above mentioned for every 
defect.* 



10 October 1666. 4, 2d, p. 326. 

On certifficate that, on the 2d of October instant, the milli- 
tary company at Portsmouth had made choice of James Pen- 
dleton for captaine, Walter Neale for lieftennant, & Nathaniel 
Drake for ensigne, the Court allowes & approoves of James 
Pendleton for Captaine, & orders the persons chosen for leften- 

*At a meeting of the Selecktmen [of Dover] the 27th 12th mo. 166G. 
Ordered that whearas many inconveniences and damages coming apon 
the Towne by severall of our Inhabitants taking in severall Parsones 
boeth men and women, do hierby order that none of our inhabitants shall 
from henceforth Admitt or Entertaine anie Inmate or sudgener or sarvant 
to be hired or taken into thear houses without Giving notis to the selleckt- 
men or anie one of them within thirty days after the Kecveing of anie 
Buch persons in to thear houses, uppon the Penalty of nintine shillings 
fine To the Towne Besides all other damedges the Towne suffreth By such 
persons taken in. f Richard Walldern, 

Townsmen, -! Job Clemants, 

( Antoisey Nutter. 
Dover Town Pvec, No. 55. A. H. Q. 



1667.] FROM MASSACHUSETTS RECORDS. 299 

ant & ensigno to officiate in those places till they are admitted 
to the fredonie of this country so it be once within twelve 
months of the date, & that then they have their comissions. 



At a General Court of Election held at Boston 15 May 1G67, 
Capt. Eichai'd Waldron was chosen Speaker. 

In answer to the petition of the inhabitants of Exeter hum- 
bly craving the favour of this Court to grant an enlargement 
on the back side of their town, West & by North ten miles & 
that Mr Wiggin dwelling in Swampscot may contribute to 
the public maintenance of the ministry here: 

It is ordered that Capt Kichard Walderu Capt. Robert Pike & 
Mr Samuel Dalton shall be & hereby are appointed as a Com- 
mittee to view the land desired by the Petitioners & make their 
report to the next Court, & as for that part of their petition 
referring to Squamscot The Court refers them to a former 
order of this Court. 

In answer to the petition of Dover & Portsmouth it is or- 
dered that Capt. Kichard Waldern, Mr Richard Cutts & Mr 
Elias Stileman jointly & severull shall & hereby are impow- 
ered with Magistratieal power & enabled to act within the 
bounds & places of the jurisdiction of the Courts of Dover & 
Portsmouth as matters & cases may present until the next 
Court of Election. 

15 May 1667. 4, 2d, p. 339. 

Mr Richard Russell is appointed to keepe the County Court 
at Portsmouth & Dover for this yeare, which he being not able 
to attend, but procuring Major Wm. Hawthorn to supply his 
place the Court allowed thereof. 



To the ITon^ General Court now assembled in Boston May 1667. 

The humble petition of the inhabitants of the two townes of 
Dover & Portsmouth on Pi.scataqua River. 

Humbly showeth that whereas your Petitioners both from 
the necessitie of our naked condition & Injunction by this 



300 PROVINCE PAPERS. [16G7. 

Honoi'ed Court to erect some fortifications* for defence on Pis- 
cataqua Elvers' mouth, the charge whereof lying only upon 
the two said townes & the burthen heavier upon us than upon 
any part of the Countrie considering the number of our inhab- 
itants, as also considering the straitness of our towneships 
especially that of Portsmouth being crovi^ded into a very Nar- 
row, & our Inhabitants growing numerous & wanting accom- 
modations. Humbly desires this Hon*^ Court to grant your 
petitioners a tract of land in the wilderness upon the head of 
Dover bounds not yet granted unto any towne, or person, 
which may be an enlargement to our inhabitants, & an ina- 
bling them to carry on & perfecting of the sayd fortifica- 
tions begun wherein the whole Collony is deeply concerned, 
farther desiring this Honored Court that they will please that 
some declaration may be made in the said townes (or other- 
wise as their wisdoms shall see meete) for the quietting & qual- 
ifying our Inhabitants concerning pattents & claimes made by 
Bome persons disafected unto this Government. 

Moreover Considering that we for present are & still for a 
time may be without a Majistrate to cohabit among us (which 
we most earnestly desire) humbly pray this Court for the con- 
firmation of Magistraticall power as formerly, settling of it 
upon some meete persons whome your wisdomes shall make 
choice of, especially in the towne of Portsmouth, that sin & 
wickedness may be Curled [quelled?] which much abounds in 
these licentious times, the necessity of which urgeth us to beg 
& we hope will incline you to grant. And that all farmes 
already granted or to be granted greater or smaller may be- 

* By the Sellecktmen [of Dover] the 4th 5th (67. 

It is Agreed with left. Coffin to Buld the fort about the metting house 
on dover neck, one hundred foot square with too sconces of sixteen foot 
square and all the timber to [be] twelfe inches thick, and the Wall to be 
eaght foot high with sells [sills] and Braces, and the Sellectraen with the 
melleterey ofecers have agreed to pay him an hundred pounds in days 
workes at 2s 6d. p. day and alsoe to all persons Concerned in the worke 
on[e] day to help Eayse the worke at so many on day as he shall appoynt. 
Dover Town Kec, No. 56. 

Note. "The building of this fort is the first intimation we have of the 
construction of any defences against the Indians." A. H. Q. 



1667.] FROM MASSACHUSETTS RECORDS. 301 

long to such of the two towns till this court take further 
order. 

Finally this Hon'' Court the last yeare were pleased to pro- 
mise that they would do what might be done for a supply of 
great guns which is our great want, that if it bo possible we 
may have some lent us until we can buy, or that they would 
be a meanes we might purchase some for such pay [as] our 
Eiver doth aiford, the grant of all which will obiidge us as 
formerly so still to pray for a happie success to all your most 
weighty affairs. 

Answer. 

In answer to the petition of Dover and Portsmouth, the 
Deputies Judg meet to grant them a tract of land of 6 miles 
square for a towne in some convenient place above Dover 
bounds not formerly granted, & that all flirnis that are or shall 
be layd out there shall belong to the jurisdiction of Dover and 
Portsmouth and that no person or dweller shall be left without 
Government to the westward of Dover bounds, or west & by 
North as said Dover bounds doth run till this Court take fur- 
ther order, x\nd that Oapt. Richard Waldron Mr Richard Cutt 
& Mr Elias Stileman have jointly & severally magistraticall 
power granted unto them to act within the bounds of either 
the two said townes as matters & cases may present untill this 
Court take further order. 

And whereas this Court hath been informed that there are 
some persons by their meetings & consultations, who are disaf- 
fected to this Government, apt to disturb tlie peace of the 
place by endeavouring to introduce some other government, 
& this Court doth order that due notice shall be taken of all 
& ever}'' such person & their names returned to authoritie 
there established, that soe due course may be taken by those 
that have magistraticall power to suppress & prevent the same 
& according to the nature of the offence they are required to 
send such persons to answer here at Boston according to Law. 

28. 8d. 1GG7. 

The deputies have past this refference to the Consent of our 
Honored magistrates herein. William Torrey, Cleric. 

The Magistrates consent not hereto. 

Edward Rawson, Secretary. 



302 PROVINCE PAPERS. [1668. 

Yet the magistrates are willing & doe hereby Judge it meete 
to impower Capt. Richard Walderne, Mr Richard Cutt, & Mr 
Elias Stileman jointly and severally with magistraticall power 
enabling them to act within the bounds of either the said two 
townes as matters & cases may jiresent until next Court of 
election, their brethren the deputyes hereto consenting. 

28. May '67. Edw. Eawson, SeCy. 

The Deputyes Consent hereto, so as in the 4th line after 
the word Townes marked be added & all other places included 
within the jurisdiction of the Court of Dover & Portsmouth. 
Our honored majestrates Consenting hereto. 

William Torrey, Cleric. 

Consented to by the Majestrates. 

Edw. Rawson, Secrit. 
Endorsed 

Portsmouth & Dover petition entered & 10s promised. Read 

per curiam. General Court 1667. 



At a generall Court of Election held at Boston the 28th of 
April, 1668 : 

Major Generall John Jjeverett & Mr Edward Tyng or either 
of them are hereby intreated and impowered to keep the next 
Court to be held at Portsmouth in June next, & that the Major 
General take care to appoint some meet person to have com- 
mand of the foi'tification there for the present, until this Court 
take further order. 

And it is fui'ther ordered that Capt Richard Waldron, Mr 
Elias Stileman & Mr Richard Cutts & either of them, shall and 
hereby are invested with power, in all cases, to act as any 
Magistrate may do within the precincts of Portsmouth & Dover 
for the year ensuing, C. Rec, vol. 4, p. 607. 

Mr Samuel Symonds is appointed to keep the County Court 
in Norfolk for the year ensuing. 

We whose names are hereunto subsci'ibed being appointed 
by the Hon** Court to view & consider of the bounds of the 
Towneshipp of Exeter, & to make returne to the next session 
of the Court two of us having taken a suiwey of the lands 



1668.] FROM MASSACHUSETTS RECORDS. 303 

about the town & other towns adjacent, wo whose names are 
underwritten do judge that the bounds of the town of Exeter 
shall extend northward to Lampreel Eiver & from the first 
foils in Lampreel Elver six miles upon a West & by North lino 
adjoining to Dover bounds as they are laid out & confirmed, & 
then two miles further upon the same point of the Compass, 
that to bo their North bounds & from the foot of Exeter falls 
by the present grist mill a mile and a half due South to Hamp- 
ton bounds, & from that South point to run upon a West & by 
North line 10 miles unto the woods adjoining to Hampton 
bounds, that to be their South bounds, & so from tlyi end of 
that line upon a strait line over the land to meet with the 
other line on the North that extendeth from Dover bounds. 
That to be their head line westward, & Quamscot Patent to be 
their East bounds. Dated the 8th of the 8th mo. 1667. By us. 

Samuel Dalton, 
EiCHAitD Waldern. 
C. Rec, vol. 4, p. 610. 

Though I could not by reason of straitness of time make a 
full view of all the lands abovementioned, yet from what I do 
know of it, together with that information that I have had of 
those that do know well the Quality of the rest of the land, do 
judge that the bounds abovementioned may be just and reason- 
able & do Concur in subscription. 

Egbert Pike. 



In answer to the desire of John Oilman in behalf of the 
town of Exeter for settling the bounds of their town. It is 
ordered that Exeter bounds be stated & settled according to 
the above return of IMr Richard Waldren, Mr Samuel Dalton &, 
Capt Eobert Pike, who were appointed a commitee b}' the 
Genei'al Court the 8th of the 8th month 16G7, provided that 
all pine trees fit for masts, which are twenty four inches 
diameter & upwards within three feet of the ground, that grow 
above three miles from their meeting house, where it now 
stands in any place within the bounds of the said town, are 
hereby reserved for the publick. And that if any person or 



304 PROVINCE PAPERS. [1668. 

persons shall presume to fall down any such Pine tree fit for 
masts he or they shall forfeit £10 for every tree the one half 
to the informer & the other half to the publick Treasury of the 
County, Provided also that this grant unto the town of Exeter 
shall not infringe Mr Samuel S5'monds in his grant of 250 acres 
of land formerly granted. C Kec, vol. 4, p. 611. 

29 April 1668. 4, pt. 2, p. 364. 

For County commissioners^ this Court doth nominate & ap- 
point Mr Elias Stileman & Mr Nathaniell Fryer for Portsmouth. 

At a second session of the General Court held at Boston 14 
Oct. 1 668 : 

The humble request of Abraham Drake of Hampton, Mar- 
shall, for advice from General Court or Hon*^ Majestrates now 
assembled at Boston, how I may safely act in the execution of 
my office, referring to the case following. 

Having received an execution under the hand of the Clark 
of Hampton Court, which execution and original writ is here 
annexed — The defendant with his abettors still hold possession 
& upon demand after judgment given for the plaintiff refuseth 
to surrender. I find it a case rarely in use, & so difficult to 
me. Wherefore according to the direction amongst the pre- 
cedents, as in the Mai'shalls oath, I crave advice of this Hon- 
ored Court, whether in case the defendant or abettors refuse 
upon demand being first made by me, I ought not by force to 
dispossess them & give possession to the Plaintiff, that is of the 
house & milne with appurtenances, viz. Whatsover belongs to 
the said farm. That I may more fully be understood, By abet- 
tors I intend Eobert Wadleigh of whom the defendent holds, 
(who, with the defendent, have carried on the work & milne 
upon the Plaintiffs farm) their workmen or any else holding 
by the same refuted title. 

Abraham Drake, Marshall. 

In answer to the question propounded to this Court by 
[Abraham Drake] Marshall of Hampton, As the question is 
propounded to us. The answer of this Court is in the affirma- 
tive. The Marshall may take notice that it behoveth him in 
such cases to carry the matter fairly, by making known to the 
persons concerned the end of his coming & first to demand free 



1668.] FROM MASSACHUSETTS RECORDS. 305 

& pe.accablo possession. Then if he bo denied or meet with 
opposition in the execution of his office, It is in his power to 
require sufficient aid to accomplish his work, for after the 
judgment (without appeals) execution doth follow in Course, 
else it were in vain to any man to sue for his right, the law 
being still open for the contrary party to become Plaintiff if 
he cause so to do. 

The Court resolves this question in the affirmative. C. Eec, 
vol. 4, p. 625. 

14 October, 1668. 4, pt. 2, p. 305. 

For the better prevention of the breach of the Sabbath, it is 
enacted by this Court & the authority thereof, that no servile 
workc shall be done on that day, namely, such as are not 
works of pict}^, of charity or of necessity ; & when other works 
are done on that day, the persons so doing upon complaint or 
presentment being legally convicted thereof before any majes- 
ti'ate or County Court, shall pay for the first offence ten shil- 
lings fine, & for every offence after to be doubled, & in case the 
offence heerin be circumstanced with prophaness or high 
handed presumption, the penalty is to be augmented at the 
discretion of the judges. 

As an addition to the law for preventing prophaning of the 
Saboath day by doing servile worke, this Court doth order that 
whatsoever person in this jurisdiction shall travell upon the 
Lords day, either on horsebacke or on foote, or by boats from 
or out of their owne towne to any unlawful assembly or meet- 
ing not allowed by law, are hereby declared to be prophaners 
of the Sabath, & shall be proceeded against as the persons that 
prophane the Lords day by doing servile worke. 



At a Generall Court of election held at Boston May 19, 1669, 
Mr Thomas Danforth is appointed to keep the County Courts 
in Norfolk for the year ensuing. 

It is ordered that Capt. Richard Walderne, Capt. Kichard 
Cutts & Mr Elias Stileraan, or either of them shall & hereby 
are invested to act with power in all cases as any one magis- 
trate may do within the precincts of Lover «& Portsmouth &c. 
20 



306 PROVINCE PAPERS. [1669. 

It is further ordered that the Commissioners that are chosen 
to keep small Courts there shall and hereby are impowered at 
those Courts to try all actions not exceeding £10 for the year 
ensuing. 

This Court do order that the neck of land upon the east- 
ward of the Great Island at Portsmouth shall be sequestered 
for the use of the Fort planted there, taking in the great 
Rock, & from thence all the easterly part of the said Island, 
& this Court do further order the County Court to be held this 
Summer at Dover, shall hear & determine the Claims of any 
that may pretend title thereto, & order their just satisfaction 
out of the Treasury of that County in case any just reason for 
the same to them do appear. 

In answer to the motion of the deputies for the County of 
York Maj. Gen. John Leverett is desired to keep the County 
Courts of Dover & Yorkshire in the latter end of this month & 
beginning of the next, & that Major Brian Pendleton, Mr 
Francis Neale, Mr Ezekiel Knight & Capt. Charles Frost, shall 
& hereby are impowered with Majestraticall authority to act 
in that County for the year ensuing as any other Magistrate 
may do. 

The Court on perusal of the articles of agreement between 
this Colony & the Inhabitants of Dover &c. several of them 
well remembring that Mr Edward Hilton was one of those 
that were Commissionated to agree with this Court in behalf 
of the Inhabitants of Piscataqua, Do declare that Mr Edward 
Hilton is according to the articles exempted from the Country 
Eates & that accordingly he be freed from such impositions & 
that the Treasurer of the County discount Mr Hilton's propor- 
tion with the Constable of Exeter upon his account, that was 
imposed upon him by the last County Commissioners. 



Portsmouth Address concerning the College. 

To the much Hon* the General Court of the Massachusetts 
assembled at Boston, 20 May 1669 — the humble address of the 
Inhabitants of the town of Portsmouth humbly sheweth that 
seeing by your means (under God) we enjoy miuch peace & 



1669.] FROM MASSACHUSETTS RECORDS. 307 

quietness & very worthy deeds are done to us by the favora- 
ble aspect of the Government of this Colony upon us, we ac- 
cept it always & in all places with all thankfulness. And tho' 
we have articled with yourselves for exemption fi'om publique 
charges, Yet we never articled with God & our own conscien- 
ces for exemption from gratitude which to demonstrate while 
we were studying, tho loud groans of tho slicking Collcdge in its 
present low estate came to our ears. The releiving of which 
we account a good work for the house of our God & needful 
for the perpetuating of knowledge both religious & Civil 
among us & our posterity after us, & therefore grateful to 
yourselves whose care & studdy is to seek the welfare of our 
Israeli. The premises considered we have made a Collection in 
our town of £G0 per annum (& hope to make it more) which 
said sum is to be paid annually for these seven years ensuing 
to be improoved at the discretion of the Hon*^ Overseers of the 
College for the behoof of the same & the advancement of good 
litterature there, hoping withal that the example of ourselves 
(which have been accounted no people) will provoke the rest of 
the Country to Jealousy (we mean an holy emulation to appear 
in so good a work) & that this hon*^ Court will in their wisdom 
see meet vigorously to act for diverting the sad omen to poor 
New-England ; if a College begun and comfortably upheld 
while we were little, should sine now we are grown great es- 
pecially after so large and profitable an harvest, that this coun- 
try & other places have reaped from the same. Your accept- 
ance of our good meaning herein will further obleigo us to 
endeavour the approoving ourselves to be your thankful & 
humble servants. John Cutt, 

Richard Cdtt, 
Joshua Moodey, 
in the name & behalf of the rest of tho subscribers in the 
towne of Portsmouth. 

This address from the inhabitants of the towne of Ports- 
mouth was presented by Mr Richard Cutt & Mr. Joshua Moo- 
dey, 20 May 16G9, & gratefully accepted of; & the Governor in 
the name of the whole met together, returned them the thanks 
of this Court for their pious & liberal gift to tho College therein. 

Edward Rawson, Sec^y. 



308 PROVINCE PAPERS. ' [1669. 

To the Honoured Generall Court of the Massachusetts assembled 
at Boston May 19, 1G69. The humble petition of Oyster River 
is as followeth : 

The consideration of your prudent & pious care for the ear- 
ning the main end of planting this Colonic in the settling 
religion & promoting the welfare of souls in every part of it 
subject to your dominion, government, doth imbolden us (who 
also are in some measure sensible of the great end we came 
into the world for, the advancement of the glorie of God in 
our own salvation) to present this humble address unto your- 
selves. It is not unknown to some of you that the inhabitants 
of Dover (of whom for the present we are a part) manie years 
since, taking in consideration the intolerable inconvenience of 
our travail manie miles, part by land part by water, many 
times by both, to the publick worship of God, & the necessary 
stay of manie of us from public worship who cannot undergo 
the difficulties of travail to it, it was then publickly agreed & 
concluded that there should be two ministers at Dover, the 
one in Oyster river, the other at Dover neck* as appears by a 
town act, bearing date the fourteenth of the 5th fiftie one 
(July, 1651) the means of calling & maintaining both which 
are one, yet while we continue with them there is noe power 
improved on our behalf to that end nor have we anie of our- 
selves -whereby we have a long time & at present groan under 
intolerable inconveniences, our ministry being greatly weak- 
ened & hazarded thereby, having neither head nor hand to 
move in order to calling when without, or settling & maintain- 
ing when obtained, & it being so difficult for us to attend civill 

* At a Publeck Towne meitting holden the 22th, 5th mo. 1669, Voted, 
That for Accommodation of the Minestrey on Dover Neck, is set apart 
forty pounds of mill Kents and a penny Ratt in provition upon the Es- 
tates of all the Inhabitants of the town of Dover, excepting Oyster River, 
and this order to stand for one yeir, the penny Rate to be paid in October 
or November, or a free contribution what Every man will free give. 

At the sam tim voted that there shall be a ministers house built upon 
dover neck the dementions is as followeth yt is to say 44 f. in length 20 
foot wide 14 foot betwine Joist and Joist with a stak of Brick chemneys 
and a sellar of 16 foot squaer, this house to be Buelded at the charg of the 
hole town in general. Dover Town Rec, No. 63. A. H. Q. 



1669.] FROM MASSACHUSETTS RECORDS. 309 

meetings there, that often most of us cannot be there when 
we are in danger to be neglected or not so taken care of, nor 
our affairs so well provided for as if we were a township of 
ourselves, we being in all 220 soules near 50 families, 70 & od 
souldiers, a considerable number of freemen humbly request 
this honoured court to grant us that so beneficiall a privilege 
of becoming a township with such bounds as have been al- 
ready granted us, or shall be thought meet by this Honoured 
Court, & for this end we have sent John Woodman an inhab- 
itant among us & give him power to join anie with him as he 
shall see meet for managing this our petition & prosecution of 
our farther reasons committed to him should this honoured 
Court, whose care we know extendeth to us among the rest of 
this Colonic vouchsafe us a favourable answer to our request, 
whereas as now our hands & hearts are weakened in the work, 
provision for the ministrie standing at a stay, the old & young 
in families too much neglected, others of good use who would 
join with us, discouraged until wee become a township, some 
readie to leave us, if things stand as they doe, we trust upon 
your grant you would soon find our number increasing, our 
hands and hearts strengthened in the work of God, our care 
more vigorous for an able orthodox minister, our families in- 
structed according to law, oui-selves growing in truth & peace 
to God's glorie, our content & your good, & we shall not cease 
to pray to God Almightie for a blessing upon you in all your 
weightie concerns, & subscribe ourselves — 
Yours in all humble observance, 
John Bickford, John Medar, 

Richard Yorke, Thomas Willie, 

John Davis, John Hill, 

William Beard, Thomas Edgerlie, 

Kobert Burnam, William Perkinson, 

Philip Chesly, Benjamin Matthews, 

Charles Adams, Davie Danicll, 

Steven Jones, Thomas Drew, 

Walter Matthews, Joseph Field, 

Nicholas Doe, Zacharias Field, 

Vidua Elizabeth Drew, John Goddard, 

John Woodman, Matthew Williams, 



310 PROVINCE PAPERS. [1669. 

Edward Lethers, James Smith, 

William Randall, James Huckins, 

William Pitman, Eobert Watson, 

Teag Royall, Pati-icke Jenison, 

Salathiel Denbow, James Thomas, 

Jas — Stinson, Walter Jacson, 

John Smith, Francis Drew. 

Having heard the petitioners with what is aleadged by Capt 
Walderne in the behalfe of Dover, that that towne is not in- 
formed of this motion, & by perusing many pages presented in 
the case together what is granted on both hands, we have 
grounds to hope there may be an agreement & settlement of 
things betwixt themselves, which we commend to them Con- 
ceiving it best that they shall jointly agree upon tearmes, the 
which may be most advantageous to each other & for publick 
good, & for that end deem it meet to report (respit ?) till next 
session of the Court, when what they shall agree upon may be 
confirmed by this Court, or in case of non agreement, these 
petitioners to give notice in due season to their neighbours & 
brethren of their intendments further to prosecute this motion 
of being a township at the next sessions of this Court that so 
they may have opportunity to make answer thereto. 

John Pynchon, 
Edw. Johnson, 

May 25, 1669. William Parke. 

The Deputies approve of the return of this Committee in 
answer to this petition, our honored Magistrates consenting 
hereto. William Torrey, Cler. 

Consented to by the Magistrates. 

Edw. Eawson, Secry. 

Indorsed. A petition from Oyster River inhabitants entered 
with the Magistrates Read & referred, per Curiam. Ent. 1669, 



At the second session of the General Court held at Boston 
the 18th of October 1669 

The Court understanding that there is about 60 soldiers in 
Exeter, & that no Commission Officer is set over them, John 



1670.] FROM MASSACHUSETTS RECORDS. 311 

Oilman is by this Court appointed to be Lieutenant to the 
Military Company at Exeter & that the Secretary issue out a 
Commission according to Law, that so he may exercise the 
Company as the Law requires. 

This Court judgeth it meet to appoint John Gerrish to be 
Quarter Master to the Troop raising in Portsmouth & Dover, 

In answer to tlie Petition of Robert Wadleigh complaining 
of being iJlogall}^ dispossessed of a house, mill & other estate 
by virtue of an Execution on a judgment against Nicholas 
Lecson at the County Court in Norfolk in April 1668, Henry 
Roby, Attorney to & for Robert Wadleigh, appeared & publick- 
ly engaged himself & his heirs to stand to & satisfy the charge 
of this Court in & for the hearing of this case. The Court on 
a full hearing of the case & what hath been alledged by the 
parties therein, Do judge that the petitioner hath been ille- 
gally dispossessed & order that he be repossessed in the said 
estate & have the cost of this Court fifty-four shillings besides 
the charge of the court. 

At a General Court of Election held at Boston May 11, 1670. 

In answer to the motion of the Deputies of Norfolk, It is 
ordered that Capt. Daniel Gookin shall and hereby is ap- 
pointed to keep the County Courts at Hampton and Salisbury 
•with the associates of Norfolk for the year ensuing. 

On a motion of the Deputies of Dover and Portsmouth in 
behalf of most of the freemen there, That whereas they have 
power in their associate Courts to try any Case under £20, and 
finding no law where they may appeal but to the Court of as- 
sistants, the action many times being very small, and it is at a 
Charge to come to Boston for every small case. It is their de- 
sire that the Court would grant them an order that any per- 
son cast or condemned may appeal to the County Court held 
in Dover or Portsmouth, and that some persons may have mag- 
istraticall power in that County as formerly. The Court judgeth 
it meet to grant their request, And it is oi'dered that henceforth 
it shall be in the liberty of Plaintiff and Defendant in all case* 
triable before the Court of associates in Portsmouth and Dover, 
to appeal to their next County Court in Dover or Portsmouth, 
as in other cases any custom or usage to the contrary notwith- 



312 PROVINCE PAPERS [1671. 

standing. Capt. Richard Waldron, Mr John Cutts, Capt. Rich- 
ard Cutts & Mr Elias Stilemen & either of them are appointed 
&impowered with Magistraticall power, as any one magistrate, 
to act in all cases for the year ensuing in Portsmouth & Dover. 
In answer to the petition of the towne of Hampton, humbly 
desiring the favour of this Court to support them under the 
great charge of their Causey over the marsh, for divers rea- 
sons rendered in their petition. The Court judgeth it meet to 
declare that they see no cause to grant their request, but leave 
it to the Court of that County to act therein, & to lay it on 
the County or leave it on the towne, as they shall see cause. 
C. Rec, vol. 4, p. 658. 



31 May, 1671. 4, pt. 2, p. 486. 

Whereas the law requires every towne consisting of one 
hundred families or upward to sett up a grammer schoole* & 
appointe a master thereof able to instruct youth so as to fitt 
them for the Colledge, & upon neglect thereof, the said towne 
is to pay five pounds per anum to the next Lattin schoole 
untill they shall performe that order the Court upon weighty 
reasons judge meete to declare & order that every towne of 
one hundred familyes & upwards that shall neglect or omitt 
to keepe a grammer schoole, as is provided in that lawe, such 
towne shall pay tenn pounds per anum unto the next town 
schoole that is sett according to that lawe. 

* At a publick towne meeting held the 5, 2 mo., '58, " It was agreed by 
ye Select men together wth ye Towne, that twenty pounds p. annum shall 
be yearly raysed for the Mayntenance of a Schoolmaster in the Towne of 
Dover : that is to say for the teachinge of all the children within the 
Towneship of dover, the said Schole Master havinge the priviledges of all 
strangers out of the Towneship. The said Master also teach to reid, write, 
cast a compte, latine, as the parents shall require. Hist. Mem., No. 78. 
A. H. Q. 

At a Publick Towne Melting holden the 4th first month, '71. 

For the better ineoredgment of Mr. John llayner in the ministry, the 
Towne doth or^er the fortey pounds of mill Kents with the penny Rate to 
be paid to him yeirly so long as he contineweth minister [of] the Towne 
of Dover : this penny Rate to be levid on the Inhabitaat of Dover Neck, 
Cochecho, Bloody Poynt and oyster River according to thear Artekels. 
Dover Town Rec, No. 81. A. H. Q. 



1671.] FROM MASSACHUSETTS RECORDS. 313 

P. 486-7. 

The Court, doo order, that henceforth the rcgimcntall meet- 
ings shall be in this following order i. e. Norfolke, including the 
County of Portsmouth & Dover, 1G72. 

9 June, 1671. 4, 2d; p. 496. 

Upon the desire of Symon Bradstreet, Esq to be released 
from keeping the County Courts at Hampton & Salisbury, al- 
leadging some reason for it, the Court having considered his 
motion doo appoint Daniel Denison Esq. to keepo the said 
Courts for this yeare, & Mr Bradstreet is released. 

1 Quest. Whither the revenew arising by rate or custome 
of goods imported, as also powder, paid by shipping, belonging 
to strangers & brought into the Kiver of Pascataque, is to be 
returned to the publick treasury of this country? This ques- 
tion is resolved by the whole Court on the affirmative. 

2 Que. Whither the mony already collected in Piscataqua 
Eiver, viz — per custome or rate on goods imported &c. and for 
powder paid by shipping, that is what hath binn received from 
straingers & such as are not inhabitants of the said river, is to 
be returned to the publick tresury of this country ? 

This question also was resolved on the affirmative by the 
Court. 

3 Quest. Whither the revenew arising by the rate or cus- 
tome laid on goods imported, belonging to the inhabitants of 
Piscataqua River, which is brought into the said river is to be 
paid into the country Treasurer ? This question is resolved on 
the negative by the whole Court. 

In answer to the motions of the severall dej)uties of the 
county of Yorkshire; As to the first, relating to comissioners 
for ti'iall of cases at the Isle of Shoales & one of them to give 
oathes to wittnesses or juries on inquest, the Court judgeth it 
meete to leave it wholly to the Court of that County to issue 
& doe as they shall see meete. 

To the second, relating to freeholders voating in election of 
county officers, the Court refferrs them to the la we in that 
case provided. 

To the third, a magistrate is appointed to keepo theiro 
Courts as desired. 



314 PROVINCE PAPERS. [1672. 

& to the fourth, Capt Waldern is impowered to sit in all asso- 
ciate Courts there as at Dover & Portsmouth. Also at their 
request, Mr Elias Stilemans Comission is continued amongst 
them & invested with magistratticall power. 



15 May, 1672. 4, 2d, p. 516. 

It is ordered that all the eustomes & imposts any wayes 
raysed or to be raysed in Piscataqua Ryver for goods landed 
there, or drawing wine & beare, &c. be, by the officer appoint- 
ed to collect the same, delivered to the Comittee of militia 
there, to carry and end & support the fortiffication there, till 
this Court shall take further order. 

Capt. Richard Walderne is apointed & impowered to keepe 
Courts in the County of Yorkshire with the rest of the asso- 
ciates there, & is also invested with magistratticall power for 
that county of York for the year ensuing. 

In answer to the motion of the deputy of Hampton, Mr 
Samuel Dalton is appointed & impowred to solemnize marriage 
of persons (one of whom is resident in that towne), being 
published according to lawe, and to administer oathes to wit- 
nesses as cases may require, & also comissionated to be an 
associate in the County Courts as the last yeare. 

P. 530. 

In ansr to the motion of the deputies of Portsmouth, the 
Court judgeth it meete to order, that the bounds betweene 
Portsmouth & Hampton, as to their towneships, be determined 
& setled, & that Mr Elias Stileman, John Gilman of Exeter & 
Mr Samuel Dalton attend this service and make refcurne of 
what they shall determine to this Court ; and this Court de- 
clares, they shalbe willing to grant to Portsmouth, laud for a 
village when they shall declare to this Court the place where 
they desire it. 

11 October, 1672, 4, pt. 2, p. 546. 

Laid out to Capt. Richard Walderne, for the use of Capt. 
Thomas Lake & partners, by virtue of an order of the Generall 
Court held at Boston, the 21 day of May 1671, one thousand 
two hundred & eighty acres of land on the southwest side of 



1673.] FROM MASSACHUSETTS RECORDS. 315 

the Rivor of Newitchawanaclcc, & about a mile above tbe head 
line of the towncsliip of Dover, as followotb, viz. bcgiMiiing at 
a certaine elbow of the said river knowne by the name of the 
Great Edd}^, neare to a point of land called Goljabs Neck, & 
from the 6aid Great Eddye six hundred & forty rods west & by 
south in the length of the said land; and from the said Great 
Edd}' three hundred rodds north and by west for the breadth 
of it. 

April 26, 1672. 

Per me, John Wincoll. 

Y« plott on file. 

Whereas this Court granted to the inhabitants of Portsmouth 
land for a village the last session, & having now brought in a 
platt of a tract of land above Dover bounds, the said land so 
laid out is hereby confirmed to the inhabitants of Portsmouth, 
provided a farme of three hundred acres of upland & meadow 
be laid out in some convenient place for the use of the country 
by Ensigne Davis of Dover, &, Mr Wincoll, as also that the 
said plat entrench not on any former grants laid out, and that 
the said land be impi-oved for a village in five yeares, with 
twenty families, such as shall mainteyne an able & approoved 
ministry, and that this land & village be liable to country rates 
as other townes in this colony are. Y*^ plat is on file. 



At a General! Court for Elections held at Boston 7th May, 
1673, Capt. Richard Waldron was chosen Speaker for this 
session. 

In answer to the motion of the Deputies for Portsmouth & 
Yorkshire, It is ordered that Wm. Stoughton Esq'' shall & 
hereby is appointed & impowered to keep the County Courts at 
Dover & in Yorkshire with the associates there for this yeore. 

It is further ordered that Capt Richard Walderne, Mr John 
Cutt, Capt Richai'd Cutt and Mr Elias Stileman shall & hereby 
are impowered with magistraticall power in those precincts 
for this yeere ensuing, ie, York & Dover & at Portsmouth. 

It is ordered that Daniel Gookin Esq' keepe the County 
Courts of Norfolk with the associates there for the yoare 
ensuing. 



316 PROVINCE PAPERS. [1674. 

It is ordered by this Court that Maj. Eobert Pike shall have 
& hereby is invested with magistraticall power in the County 
of Norfolke & to act in all cases as any one magistrate may 
doe, & that Capt. Nathaniel Saltonstall & Mr Samuel Dalton 
shall & hereby are alike impowered. C. Rec, vol. 4, p. 720. 

Upon the consideration had of the act of the comittee of the 
militia for the Rj^ver of Pascataqua to this Court, it is ordered 
by the authority of this Court that the souldyers dwelling on 
the great island at Pascataqua, with the soldjers in Kittery, 
from Spruce Creek eastward, shall be dischardged from the 
companyes of which they formerly were, & from henceforth 
shall become a distinct foot company & to belong to the forti- 
fication upon great island aforesaid, to be trayned & exer- 
cised there from time to time, & to be ready on all occasions to 
attend the service thereof for its defence & security. And it is 
further ordered, that Mr Richard Cutts shallbe captaine & 
comander in chiefe of the said Fort & the foot company now 
established, Elias Styleman to be leiftenant & Joakim Harvey 
to be ensigne, & that comission issue of from this Court for the 
enabling of them to discharge their trust. 

10 December, 1673. 4, pt. 2, p. 572. 

Itt is hereby ordered by this Court and the authority there- 
of, that there be forthwith impressed and listed in the regi- 
ment of Suffolke one hundred and seventy foote souldjers — in 
the regiment of Norfolke & Dover, eighty, &c. 



At a General Court for Elections held at Boston in New- 
England, May 17, 1674. 

In answer to the motion and request of the Deputies for the 
County of Norfolk, it is ordered that Mr Staughton Esq^ shall 
& hereby is appointed to keepe the County Courts in that 
sheire with the associates thei'e for the yeare ensuing. 

It is ordered that Major Robert Pike, Capt. Nathaniel Sal- 
tonstall & Mr Samuel Dalton certified to this Court & nominat- 
ed by the freemen of the County of Norfolk, shall be and 
hereby are appointed & authorized to be Associates for the 



1675.] FROM MASSACHUSETTS RECORDS. 317 

County of Norfolk for the j'car ensuing & each of the said 
gentlemen are hereby invested with Magistraticall authority 
in the said County for this yeere. 

Major Thomas Clark is appointed to keepc the County Courts 
at Portsmouth or Dover, as also in Yorkshire for the year en- 
suing with the associates there respectively. C. Eec, vol. 5, 
p. 4. 

27 May. Vol. 5, pp. 5, 6. 

In answer to a motion from the deputys of Dover &c. this 
Court nominate & appoint Capt Eichard Waldernc, Mr John 
Cutts, Capt Eichard Cutts & Mr P]lia8 Stileraan, to be & hereby 
ai-e invested with magistraticall power there for the year en- 
suing. 

In answer to the petition of the Selectmen of the towne of 
Portsmouth, in bchalfe of the towne, the Court i*effcrrs the 
consideration thereof to the next session of this Court in order 
to a cleere & right understanding of it; for the atteyning 
thereof it is ordered, that the secretary give notice to all 
parties concerned, i. e. Dover, Portsmouth, Exiter, Hampton, 
& Mr Andrew Wiggins, to give their attendance at the Gen- 
erall Court at their next session in October, to give the Court 
such information as whereby they may give a full and cleere 
determination thereupon, except they can agree it amongst 
themselves, and signify the same under their hands to the 
Court. 



1675, 12 May. 5, pp. 30, 31. 

Major Richard Waldernc, Capt. Eichard Cutts, Mr Elias 
Styleman & eveiy of them,* are appointed Comissioners for 
Portsmouth for the yeare ensuing as the last yeare, and Major 
Waldern also is appointed Comissioner in Yorke. 

Major Eichard Walderno, Major Robert Pike, Capt. Richard 
Cutt, Capt. Elias Styleman, and Mr Eichard Martyn are al- 
lowed & approovcd of to be associates for the County of Dover 
& Portsmouth, as they were returned by the townes of that 
county. 



318 PROVINCE PAPERS. [1675. 

1675, 12 May. P. 38. 

In ans'' to the petition of the inhabitants of Oyster River, 
Phillip Hollet, Jno. Bickford, Robert Burnaras, John Woodman 
and others, it is ordered. That the petitioners shall have liberty 
yearely to choose three selectmen, who shall have power to 
make such rate or rates as they shall see the necessity for the 
maintenance of the ministry, to be collected by the constable 
according to law. 

Oct. 13. 

For the better security of the County of Dover & Portsmouth 
& of Yorkshire & the parts adjacent, it is ordered that there 
shall be forthwith 40 able men raysed & sent to Major Waldern 
to be by him disposed of for the end aforesaid, & not to be 
called of without the sayd Majors Consent, or else by order of 
the Gen'i Court or Council. It is further ordered that the 18 
soldiers ah-eady sent out of ISTorfolke & at present under the 
command of Mr George Broughton, shall be part of this num- 
ber, & the other 22 shall be raysed by the Major Generall out 
of the County of Essex. C. Rec, vol. 5, p. 51. 

P. 55 and 56. 

This Court having taken into their consideration the great 
and dayly growing charge of the present warr against the 
Indians, doe hereby order and enact, that, for the defraying of 
the charges above said there shall be levyed seven single 
country rates. The severall townes proportions. Hampton 
028.00.00, Exeter 008.08.00. 

21 February, 1675-6. 5, p. 72, 73. 

Uppon consideration of many sculking Indians about our 
plantations doing much mischiefe & damage, & that a probable 
way for their surprisall is by scouting in small parties, for en- 
couragement thereof, this Court doeth order, that every person 
or persons that shall surprise, slay, or bring in prisoner any 
Bueh Indian on the south side of Piscataqua River, he or they 
shallbe allowed three pounds per head, or the prisoners so 
taken, making it appeare to the comittee of militia of that 
towne to which they are brought. 



1676.] FROM MASSACHUSETTS RECORDS. 319 

It is ordered that Leiftenn' Elias Styleman doc succeed 
Captaino Richard Cutts, deceased, in the command as Captaine 
of the fort on the great island in Piscataqua lliver. 

25 February, 1675-6. 5, p. 76. 

It is ordered that the comittees of militia in the townes & 
county of Dover & Portsmouth shall & hereby are required & 
impowered to make nine severall rates on the inhabitants 
thereof, according to law, towards the responding the charges 
of the warr, to be collected & speedily payd in to the Tresurer 
of that county, to answer the end of said comittee, & be dis- 
posed of accordingly ; and the comittee of militias are by 
themselves, or their order to audit all accompts of the charges 
expended in this warr. 



3 May, 1676. 5, p. 79. 

" For the preservation of the frontier townes it is ordered, 
that each of the said townes be by the comittee of militia 
divided into so many parts, as a meete number may each 
day by turnes be sent forth upon the scout, with whom a 
party of Indians at the charge of the country, shall be joined 

- - - - - - - and that the frontier townes be accounted 

— Haverhill, Exetter — and for their further security it is 
hereby declared to be the duty of every chief commander or 
officer present in any towne upon notice given him of any 
assault, or distress of any neighbour town to send forthwith 
what ayde can be spared with safety at home, for the security 
of the distressed." 

1676, 5 May. 5, p. 87, 88. 

Wm Stoughton Esq. is appointed authorized & impowrcd to 
keepe the County Courts in Portsmouth or Dover, and also at 
Wells in Yorkshire, for this yeare, at the times & dales ap- 
pointed with the associates there allowed & approoved of by 
this Court for that service in those countyes. 

Major Richard Walderne, Capt. Elias Styleman, Mr Richard 
Marty n & Capt Thomas Daniel were chosen associates for the 
county of Dover and Portsmouth for the yeare ensuing, which 
the Court allowed and approoved of. 



320 PROVINCE PAPERS. [1676. 

9 August, 167G. 5, p. 101. 

There having been an omission at the Court of Elections to 
constitute persons in majestraticall power for the county of 
Dover & Portsmouth, it is ordered that the present associates 
in that county for the yeare ensuing invested with raagistrat- 
ticall power, shallbe. Major Eichard Waldron, Capt Elias Style- 
man, Mr Richard Martyn & Capt Thomas Daniel. 

12 October, 1676. 5, p. 122, 123. 

It is further ordered, that seventy men be impressed out of 
Essex and sixty out of Midlesex, which shall be sent by land to 
Piscataqua, whither amnition & provission shall be forthwith 
sent. The said forces with so many as are already in those 
parts as may be spared from securing the town, shall, after 
the I'ecovery of Black Point, be imployed to march towards 
the ennemys quarters towards Pegwakeck &c. on this side 
Kennebeck, & these to be conducted by such as the Generall 
Court or Council shall appoint. 

It is ordered, that all those men that came from the deserted 
places at the eastward, fitt for the country's service, be im- 
pressed & imployed therein, and that the Majo" and comittees 
of the several countys & townes doe accordingly impresse & 
lyst them for this present expedition. 

It is ordered that seventy of the most able soldjers, impress- 
ed in Suffolke for the design intended at Kennebeck, be sent 
to Piscataqua and ai-e to attend the order of the major gener- 
all, or such other coraanders as the Council shall appoint to 
mannage the design there against the enemy, and it is further 
ordered, that one of those vessells appointed for Kennebecke 
be forthwith sent away with cloathing & other provissions & 
amnition to Piscataqua. 

12 October, 1676. 5, p. 124. 

This Court having appointed Major Gen. Denison to repair 
unto Portsmouth, and there to take care for the improovement 
of the soldjers now raysed against the incursion of the comon 
enemy in those easterne plantations and to give his orders 
accordingly, doe hereb}^ authorize and impower him to take 
the comand of all the soldjers & places of deffence in those 



1676.] FROM MASSACHUSETTS RECORDS. 321 

parts, and all military comanders, officers & soiildjcrs with 
others that ai"e the inhabitants of those parts, are hereby re- 
quired to take notice thereof, and to yeeld obedience to hira 
accordingly. And for the better maiinagement of the said 
trust to him hereby comitted, he, the abovesaid major general! 
is hei-eby authorized & impovvercd to impresso men, horses, 
provissions & aminition, as to him shall seeme meet, and to 
punish by fine, imprisonment, or any other corporall punish- 
ment as the law directs, all such as shall neglect or refuse to 
execute his warrants, or yield obedience to his comands, or be 
otherwise transgressors of the military lawes established by 
this court. 



Copy of Robert Mason's Petition to the King.* 
[Copied from Far. Belknap, Vol. 1 ; App. 440] 

To the Kings most excellent majesty. 

The humble petition of Robert Mason, proprietor of the 
Province of New-Hampshire, in New-England, sheweth — 

That your majestys royal grand father. King James, of ever 
blessed memory, did by his highness' letters patents under the 
great seal of England, bearing date at Westminister, the third 
day of November, in the eighteenth year of his reign, give, 
grant and confirm unto several of the principal nobility and 
gentry of this kingdom by the name of the council of New- 
England their successors and assigns foi*ever, all the land in 
America lying between the degrees of 40 and 48 north latitude 
by the name of New-England, to be held in fee, with many 
royal privileges and immunities, only paj'ing to his majesty 
his heirs and successors one fifth part of all the ore of gold and 
silver that should at any time be found upon the said lands, 
as by the said letters pattents doth at large appear. 

* At a public meeting — [Dover, July 1G76] 

'•It is unanimously agreed upon, voted and ordered tliat our trusty and 
■well beloved Kichard Waldcrno, sarjant Major, do in the name and behalf 
of our town petition his Maj'to that he would interpose his lioyal authori- 
ty and afford us his wonted favor, that we be not disturbed by said Mason 
or any other, but continue peaceably in our present just rights under his 
Majo'tys Massachusetts Bay government." Hist. Mem., No. 75. A. H. Q. 
21 



322 PROVINCE PAPERS. [1676. 

That John Mason, Esq., your petitioner's grand-father by vir- 
tue of several grants, from the said council of New-England, 
under their common seal bearing date the 9th of March 1621, 
the 10th of August 1622, the 7th of November 1629, and the 
22d of April 1635 was instated in fee in a great tract of land 
in New-England by the name of New-Hampshire, lying upon 
the sea coast between the rivers of Naumkeak and Pascataqua 
and running up into the land westward three score miles, with 
all the islands lying within five leagues distance of any part 
thereof, and also the south half of the Isles of Shoals, and also 
the said John Mason together with Sir Ferdinando Gorges, 
Knt. was enfeoffed by the aforesaid council of New-England 
in other lands by the name of Laconia, by their deed bearing 
date the 27th day of November 1629, the said lands lying and 
bordering upon the great lakes and rivers of the Iroquois and 
other nations adjoining. All which said lands to be held as 
fully, freely, in as large, ample and beneficial manner and form 
to all intents and purposes whatsoever as the said council of 
New-England by virtue of his majestys said letters patents 
might or ought to hold and enjoy the same, as by the said 
several grants appears. 

Whereupon your petitioner's said grand father did expend 
upwards of twenty-two thousand pounds in transporting peo- 
ple, building houses, forts and magazines, furnishing them 
with great store of armes of all sorts, with artillery great and 
small for defence and protection of his servants and tenants, 
with all other necessary commodities and materials for estab- 
lishing a settled plantation. 

That in the year 1628 in the fourth year of the reign of your 
majesty's royal father, some persons did surreptitiously and 
unknown to the said council, get the seal of the said council 
affixed to a grant of certain lands, whereof the greatest part 
were solemnly past unto your petitioner's grand father and 
others long before, and soon after did the same persons by 
their subtil practices get a confirmation of the said grant un- 
der the great seal of England as a corporation by the name of 
The Corporation of the Massachusett Bay in New-England, 
your majesty's royal father being unwitting thereof, and hav- 
ing thus by fraud obtained a grant and confirmation, they 



1676.] FROM MASSACHUSETTS RECORDS. 323 

compelled the rigliful inhabitants to desert their plantations, 
and by many outrageous actions they became possessed of 
that part of the country, declaring themselves to be a free peo- 
ple, framing to themselves new laws, with new methods in 
religion absolutely contrary to the laws and customs of this 
your majesty's realm of England, punishing divers that would 
not approve thereof, some by whipping, others by burning 
their houses and some by banishing, and the like. 

At last the complaints of the oppressed subjects reaching 
the ears of your royal father, his majesty caused the whole 
matter to be examined before his most honorable privy coun- 
cil and all being fully proved, his majesty did command the 
council of New-England to give an account, by what authority 
or by whose procurement those people of the Massachusetts 
Bay were sent over, his majesty conceiving the said council to 
be guilty thereof. 

But the said council of New-England made it plainly to 
appear to his majesty that they were ignorant of the whole 
matter and that they had no share in the evils committed and 
wholly disclaim the same, and the said council finding they 
had not sufficient means to give redress and rectify what was 
brought to ruin, they humbly referred it to his majesty to do 
therein as he pleased, and thereupon the said council of New- 
England resolved to resign, and did actually resign the great 
charter of New-England into his majesty's ro3^al hands, seeing 
there was an absolute necessity for his majesty to take the 
management of that country to himself, it being become a busi- 
ness of high consequence and only to be remedied by his sov- 
ereign power, all which appears by the declaration of the 
council of New-England dated the 25th of April 1635, together 
with the act Of sux'render of the great charter of New-England 
dated the 7th day of June the same year. 

That immediately thereupon his majesty in trinity term, 
1635, caused a quo warranto to be brought up by Sir John 
Banks his majesty's then attorney general against the gov- 
ernor, deputy governor and every of the assistants of the said 
corporation of Massachusetts in New England severally, ac- 
cording to their names mentioned in the said patents of incor- 
poration being twenty-six persons, whereof two being dead, of 



324 PROVINCE PAPERS. [1676. 

the remaining twenty-four persons, there did fourteen at seve- 
ral times appear at the kings bench bar, and there disclaimed 
the charter, the remaining ten persons were outlawed and 
thereupon Judgment given for the king, that the liberties and 
franchises of the said corporation of Massachusetts Bay should 
be seized into the king's hands and the body of the governor 
to be taken into custody for usurping the said liberties, all 
which appears by the rolls in the crown office, and office of 
custos brevium for the kings bench of the proceedings in the 
several terms from the year 1635 to 1637. 

That thereupon bis said royal majesty on the 3d day of May 
1637, did order in council that the attorney general be required 
to call for the said patent and present the same to the board, 
and his majesty by his declaration of the 23d of July, 1637, in 
the 13th year of his reign declared his royal pleasure for es- 
tablishing a general government in his territory of New-Eng- 
land for the prevention of the evils that otherwise might ensue 
for default thereof, thereby declaring Sir Ferdinando Gorges 
to be governor general of the whole country, and requiring 
all persons to give their obedience accordingly. 

That the wars and troubles immediately ensuing in Scotland 
and presently after here in England, did hinder his said Ma- 
jesty from settling that country, or prosecuting the right 
which he intended his subjects, however the proceedings of 
his majesty caused some restraint to the further violences and 
oppressions of the said Massachusetts and they contained 
themselves for a time within their pretended bounds, but no 
sooner was that king of blessed memory, your royal father, 
become a sacrifice but they renewed their former violences by 
oppressing all the other colonies and designing by encourage- 
ment from some in England to erect themselves into a com- 
monwealth, and in order to lay a foundation for this power 
and dominion which they now aspired unto, they thought it 
necessary to extend their bounds and sj^read into a larger ter- 
ritory than as yet they had usurped, and that this work might 
not be done without a mask or color of right, they do in an 
assembly held at Boston, the 19th of October 1652 seriously 
peruse the grarit (which had been procured as aforesaid) and 
therein weighing the words, and trying what new sense they 



1G7C.] FROM MASSACHUSETTS RECORDS. 325 

might bear more suitable to their increase of power, they 
thouglit fit at lengtli to declare themselves mistaken in what 
they had done in the year 1631, when they erected bound- 
houses, and had for so many years confined themselves there- 
unto, whereas now by the help of an imaginary lino, or rather 
by a new reason of wtate, there is a sense imposed by them- 
selves npon their own words, and they stretch their rights to 
near two hundred miles of land northward, and as much 
southward more than they were satisfied WMthal before, swal- 
lowing up your majesty's petitioner as Avell as others whose 
properties were established long before the said people had 
any being. And that they might give execution to this right- 
eous sentence they presently invade and by force of arms 
seize upon the province of New- Hampshire, and other lands of 
right belonging to your petitioner, besides what they did to 
others, compelling the inhabitants to swear to be true to them 
and to cast off their lawful lords, and such as refused were 
either ruined, banished or imprisoned, and any appeals to Eng- 
land utterly denied unto them, then they proceed to coining of 
money with their own impress, raising the coin of England, 
and acting in all matters in a most absolute and arbitraiy way. 
And although your petitioner by his agent Joseph Mason did 
demand redress of the General Court of Massachusetts setting 
at Boston in lGo2, offering to make out the right and title of 
your petitioner to the province of New-Hampshire, and other 
lands against all persons whatsoever, yet no restitution could 
be obtained without a submission to their authority, and to 
hold the lands from them, which the petitioner then did refuse 
and hath always refused, choosing rather to wait for more 
happy times wherein to expect relief than b}^ a legal resigna- 
tion of his rights to those who had none at all divest himself 
of what his ancestors purchased at so dear a rate ; Your peti- 
tioner having as equal a ri(iht to the government in the said 
province as he hath to the land itself, all which appears by a 
report made to your majest}^ the 15th of February lG(il, when 
your petitioner first exposed to your majesty the oppressions 
under which he had so long groaned, in the evil times, and 
which grieves him now much more to bear while he has the 
protection of so just and gracious a sovereign to resort to. 
Wherefore your petitioner most humbly implores 3'our ma- 



326 PROVINCE PAPERS. [1676. 

jesty to take notice, that (by a plain discovery of what fraud 
in the beginning and the length of troubled times has helped 
to conceal) the Bostoners have no patent of incorporation at 
all, that yet they have under color of right and authority from 
the crown devoured your petitioner and other proprietors 
whose titles are by j^our majesty's learned council allowed as 
strong as the law can make them. 

That all ways have been tried and methods used to obtain 
justice from the Bostoners, but all have proved ineffectual that 
your petitioner's losses have been so many and great and his 
sufferings so continued that he cannot any longer support the 
burthen of them. And when your majesty will but consider 
how small the respect has been wherewith those people have 
treated your majesty since your happy restoration, and what 
daily breaches are by them made upon your majesty's acts of 
navigation which turns so greatly to the detriment of this 
kingdom in general these losses and sufferings of a particular 
subject cannot much be questioned, so that your petitioner 
humbly hopes that your majesty will think it high time to 
stretch forth your royal hand of justice to assist your peti- 
tioner that he may have the quiet possession of his province, 
and reparation made him for the losses sustained, in such ways 
and methods as the importance of the case requires, and your 
majesty in your royal wisdom shall think most fit. 

And your petitioner shall ever pray. Robt. Mason. 

[From a copy in the possession of the Masonian Proprietors.] 



Ansioer of Massachusetts to Mason's and Gorges' corn-plaints. 

[Copied from Massachusetts Kecords.] 
Yol. 5, p. 108. 

A BRiEFE DECLARATION of the right and claime of the Governor 
and company of the Massachusetts Bay in New-England to 
the lands now in their possession, but pretended to by Mr. 
Gorge and Mr. Mason together with an answer to their sev- 
eral pleas and complaint in their petitions exhibited humbly 
presented and submitted by the said Governor and company 
to the Kings most excellent majestj- as their defence. 
In the year of our Lord 1628 in the third year of his late 

Majesty Charles the First, of happy memory several loyall and 



1676.] FROM MASSACHUSETTS RECORDS. 327 

piously disposed gentlemen obteyned of the Great Council of 
New-England a grant of a ecrteino tract of land lying in New- 
England, described and bounded as therein expressed, which 
was in all respects fairely and openly procured, and with so 
good an intent of propogating the gospoll among the natives, 
and to advance the honor and dignity of his late majtie, of 
happie memory, that they were bould to supplicate his said 
majesty to superadd his royall confirmation thereto, which 
accordingly in an ample and royall charter, was passed, and 
remains under the broad seal of England, March the 4th 1629 
in the 4th j'ear of his majesty's reigne, with further additions 
and enlargements well becoming so royall a majesty, and suit- 
able for the encouragement of so hazardous and chargeable an 
adventure ; in pursuance whereof many of the said patentees 
and other adventurers transported themselves and estates, and 
setled in the most known and accomodable parts of those 
lands contejMied in the said charter, neither time, estate, nor 
power suflFering them speedily to survey the just extent of 
their limitts. Not many years different in time, several others 
also of his majestys subjects obteyned other grants and made 
several settlements in the more northerne and eastern parts 
of the country, with whom for several yeears we had neighbour- 
ly correspondence, being as they supposed without the limitts 
of our patent, amongst whom the present claymers and peti- 
tionei's were. These grants partly by reason of the smalness 
of some of them, and partly by reason of the dark involved 
and dubious expression of their limitts brought the inhabitants 
under many entanglements and dissatisfactions among them- 
selves which (there being no settled authority to be applied 
to, being deserted and forsaken of all such as, by virtue of said 
grants, did claim jurisdiction over them and had made a suc- 
cessless essay for the settlement of government among them) 
prooved of some continuance unto the great disquiet and dis- 
turbance of those his majestys subjects that were peacablo and 
well disposed amongst them ; to remedy which inconvenience 
they betooke themselves to the way of combynations for gov- 
ernment, but by experience found it ineffctuall. In this time 
ignorance of the northerly running of Merrimack Kiver hin- 
dered our actual claime and extension of government; yet at 



328 PROVINCE PAPERS. [1G76. 

length being more fully setled and having obtejned further 
acquaintance and correspondency with the Indians possessing 
the uppermost parts of that river, encouraging an adventure 
as also frequent solicitations from the most considerable inhab- 
itants of those eastern parts, earnestly desiring us to make 
proof of and assert our interest, wee imployed the most ap- 
proved artists that could be obteyned, who upon their solemne 
oaths made returns that, upon their certeine observation, our 
northern patent line did extend so far north as to take in all 
those towns and places which wo now possess, which when 
the inhabitants as well as ourselves were satisfied in (urged 
also with the necessity of government amongst them) they 
peacably and voluntarily submitted to the government of the 
Massachusetts, viz. Dover, Squampscot and Portsmouth anno 
1641 ; Kittery, York, and Wells anno 1652 and 1653 ; from 
which times until the year 1602, when there was a small inte- 
ruption by a letter of Mr Gorge and afterwards in the year 
1065 (when his majesty's commissioners Colonell Nicholls and 
others came over) the inhabitants of those parts lived well sat- 
isfied and uninterrupted under the Massachusetts government; 
but then the said commissioners neither regarding the Mass- 
achusetts just right, nor the claimes of Mr Gorge and Mr 
Mason settled a new forme of government there; but this 
hardly outlived their departure. 

The people, impatient of innovations and well experienced 
and satisfied in their former setlement quickl}^ and quietly re- 
turned to order again, and. so continue unto this time. 

This is, in a few words, the true state of the matter ; for the 
further illustration whereof, and justiffication of our proceed- 
ings therein & vindication of ourselves from the repi'oachfull 
imputation of usurping authority over his majestys subjects 
in the eastern part pretended to, with other scandalls cast 
upon us by the petitioners, we humbly present the following 
pleas b}^ way of demonstration, & argue — 

1. That our extension of government to those eastern parts 
claimed is agreeable to our indubitate patent right. Our 
patent, according to the express termes therein eonteyned 
without any ambiguity or colour of other interpretation, lyes 
between two east and west parralell hnes drawne from the 



1C76.] FROM MASSACHUSETTS RECORDS. 329 

most southernly parte of Charles Ry ver and the most norther- 
ly part of Morrimacke, with three miles advantage upon each 
which upon the observation of men of approoved and undoubt- 
ed truth, upon oath, are found distant one degree & 41) minutes 
north latitude, being to extend in full latitude & breadth from 
sea to sea (ut interminis) and therefore cannot be bounded by 
many hundreds of infinite numbers of lines as the River of 
Merrimacke maketh bends or angles in two hundred miles 
passage from AVinipasckek Lake to the mouth thereof which 
to imagine as it is irrational!, so would it involve us and any 
borderer in so many inextricable disputes as are by no Avays 
to be admitted by a prince seeking his subjects peace. Besides 
were such a construction allowable (Avhich with uttermost 
streyning, is; yet all favorable interpretation is to be afforded 
the patentees by the gracious expression of the charter. 

Now according to the aforementioned observation (so con- 
firmed) all those eastern ])lautations challendged by our oppo- 
nents (ut supra) are comprehended within our northerly l^'ne. 
"Wee deny not but the artists of ourselves, and if any in ques- 
tion thenc arise, wee feare not to submit to tryall to the most 
exact & rigorous test that may be. 

The invincible strength of this our first plea may further 
apeare by the consideration of the frivolous and insignifficant 
allegations of the petitioners in opposition thereunto viz : 1st 
The non extension of our line or assertion of our rights to 
those eastern parts for some years : ignorance, as our case 
was circumstanced, debarring no man of his just right; nei- 
ther cann it reasonably be supposed that the exact survey of 
80 large a grant in so hideous a wilderness, possessed by an 
enemy, would be the worko of a few yeares, our own poverty 
not affording means and our weakness (allowing no deep ad- 
venture into the country) permitting us not to view the favor- 
able riming of the river, which none can imagine altered its 
course by our delay. Wee may as w^ell be deprived of farr 
more than wee possess or ever saw on our westerne parts to 
the south sea (which none will den}-) because we have not 
surveyed it, or are soon like to be able, as to be taken from 
our northern right, so obvious to the meanest artist. 

2dl3'. The possession house in Hampton of so little signiflS- 



330 PROVINCE PAPERS. [1676. 

cation, & so long since disused, that Mr Mason hath forgott 
the name thereof, and calleth it Bound House, rerected to give 
the world to know that we claimed considerably to the north- 
ward of our then habitations upon the Bay, though wee did 
not know the uttermost extent of our right, our fathers not 
being so ignorant of the law of the realme to which they did 
apperteine as to suppose the taking possession of part did de- 
barre them of the remainder, but the contrary. 

And wee challenge Mr Mason, or any on his behalf, promis- 
ing our records shall be open to the most scrutinous search, to 
proove it, either called or intended, according to his abuse 
thereof 

3dly. That notoi-ious falsehood of stretching our right to 
neere fower hundred miles north & south, more than formerly, 
wee were satisfied with, our whole breadth being but one hun- 
dred and nine mile which is not much more than a quarter 
part of what he would have the world believe our new claime 
and (as he would insinuate) usurped territory doth conteine, 
arising (we would in charity beleive) partly from ignorance of 
the coasting of the country, Mr Mason accounting by the sea 
fiide and wee suppose casting in the measure of every harbour 
and cove to make up that calculation, which lies, much of it 
due east, and not to the north, but wee feare malevolently sug- 
gested (as many other things as of little credit) to introduce 
into his Majesty his royall breast a beleife that wee are unrea- 
sonable in our pretentions, and so unworthy of his Majestys 
favor, which wee hope such unlawful! endeavors will never be 
80 prosperous as to obteine. 

What may be further added to this our first plea maybe 
supplied fi'om the reasons formerly presented. 

Wee urge, secondly, the invalidity of those grants pretended 
to by the petitioners which are of two sorts : 1st, such as bear 
date after ours which we see no reason to fear any interrup- 
tion from ; Secondly such as are pretended to bear date before 
ours, against which wee object that they are not authentick 
wanting a sufficient numbers of granters to make them so, 
none of them (as we presume will appear upon tryall) having 
six hands and scales annexed to them, the said council of New 
England consisting of forty and his Majesty's grant to them 



1676.] FROM MASSACHUSETTS RECORDS. 331 

expressly requiring (as wee are informed) seven at leasto to 
fiigne to make any valid act ; and indeed Mr MuHon'a own 
often unwearied renewall of his grants in 1021, sixteen hun- 
dred twenty two, sixteen hundred twenty nine & 1635 (as he 
eaith) tacitly confesscth the same invalidity in the former put- 
ting him to charge for the latter, till at last he fell into such a 
trade of obteyning grants that his last and most considerable 
was sixe yeares after the grant of our charter from his majesty, 
and but three days before the said councils declaration of their 
absolute resolution to resign, and but a few days before their 
actuall surrender, as he asserts ; which of what value and con- 
sideration it is from the said council circumstanced under a 
necessity of resignation of their great charter, procured rather 
by the clamor of such ill affected persons as the present com- 
plainants then by any true account of dissettlement or ill 
management here, is not difficult to judge. Hence it appears 
first how little reason Mr Mason hath to brand us with fraude 
or sirruptissiousnes in obteyning our charter, which hath most 
shew of fraude and sirruptitious procuration, a sufficient num- 
ber of those honorable persons subscribing ours, and fewer his 
pretended antidated grants is easy to determine ; in which 
assertion is to be observed the high reflection cast upon the 
memory of his late majesty and ministers of state, ground- 
lessly rendring the councils seale, yea the great seale of Eng- 
land, exposed to fraude and deceitfull clandestine practises ; 
yea, upon his present majestie insinuating himself better ac- 
quainted with matters of state then he who allowes and con- 
firnies our grant as authentick by hisgratious letter of sixteen 
hundred sixty two, which intollerable bouldness, how unbe- 
coming (not to say more) in a subject it is not easy for us to 
Bay ; to all which wo may add Sir Ferdinando Gorges applica- 
tion to the authority heere to interpose in his affayre which he 
being one of the great council, would have binn farr from ac- 
knowledging, had Mr Masons allegations been founded upon 
trueth. Secondly. That articles of charge depending upon 
such iilegall and post dated grants cannot take place against 
us, were there disburse as great as it is affirmed which by eye 
witnesses upon the place and still living are prooved compara- 
tively very inconsidderable. 



332 PROVINCE PAPERS. [1G76. 

3. Wee affirme that the whole management of the affaire 
respecting our government of those eastern parts was in an 
orderly and peacable way, and not without the reitterated and 
earnest solicitation of most of the people there inhabitting 
suflSciently appearing by their several petitions; and we chal- 
lenge Mr Gorges and Mr Mason by any living evidence or 
record, to show any sign of a forcible entrance ; some magis- 
trates, uf on the clearing of our right to them, and acceptance 
of the tender of themselves to us, being sent thither without 
any force then each of them a servent to attend them. Indeed 
some years after, Capt. Bonigthon, for mutinous carriage, 
was seized and brought to justice ; concerning which, & many 
other cases, man}" inhabitants yett living, & eye witnesses, cann 
give in the most impartiall evidences. 
Wee offer — 

4ly. To consideration, that the deserted & ungoverned state 
of the people of those places, had we not had that patent 
right so clearly evinced, might warrant our actions, especially 
considering the obligation upon it to secure his majesty's hon- 
nor & mainteine the publick peace, so hazarded by the totall 
want of government amongst them, our tirst exercise of juris- 
diction being in the yeare 1641, eight year after Capt Neale 
agent for Mr Mason, had wholly deserted the improovetnent of 
land and the government of the country, which indeed he 
never used but one yeare ; for in the yeare 1630 he first came 
over and in the year 1634 he quitted the place and in the in- 
terim neglected the same in making a voyage for England, the 
short time of his tarriauce not admitting of setlement of gov- 
ernment or improovement. We may hereto subjoyne, that 
Mr Joseph Mason agent for Mrs Ann Mason, when here, and 
all things were fresh in memory, made no demand contrary to 
what is affirmed, but petitioned our justice against his debtors 
there and elsewhere, and that Sir Ferdinando Goi-ges his grant 
being so meane & uncertainly bounded that he knew not well 
how to finde, much lesse to improove it to considerable advan- 
tage, by his letter bearing date - - - . doth devolve the 
whole charge & cai*e of his pretended province upon the au- 
thority heere established. 



167C.] FROM MASSACHUSETTS RECORDS. 333 

Lastly. That the exercise of jurisdiction in those eastcrno 
parts hath binn and is his majesty's honor, tlie peoples great 
benefit, and our charge without ])rolHt, which had it not binn 
the mine of thoBe parts, wouhl have unavoydeably ensued in 
the want of all government and their seazure by the French, 
who ever waj'ted a fit opportunity for the same. 

They have part of them for 85 years & others twenty years 
(some small interru])tion intervening producing the stronger 
inclination & resolution in them to be constant to his majestys 
authority here) lived under the government of the Massachu- 
sets a quiet well ordered and thriving people ; and as for any 
complaint from ill affected persons it is well known that the 
best and wisest government is not without disquiet from 
some such ; and no wonder if silly people are soon affected 
with such faire glozing promises as Mr Mason hath made 
and published, as it were determining the case before triall 
by his late letters to the inhabitants in those parts; and 
that our government in those places have been no gain, is so 
unquestionable a trueth that never was any levy layd upon 
them for the supply of the publick treasury though much hath 
binn, and is further like to be expended for their security who 
otherwise will inevitably become an easy prey to the heathen, 
now in hostility with us, and at this present time raging in 
those partes. 

Vol. 5, p. 113. 

Orders and instructions for Wm Stoughton Esq. & Mr Peeter 
Bulkley, messengers for England to present our defence in 
reference to the claims of Mr Gorges and Mr Mason. 

1. That you take the first opportunity to imbarcque your- 
selves for London, thoroughly & considerately parusing the 
declaration &/ defence now delivered unto you, observing the 
arguments & pointing the evidences accordingly. 

Upon your arrivall there you are to make your application, 
by one or both of the secretaries of state, to the kings majesty, 
delivering our addresse and giving his majesty to understand 
that in obedience to his commands the governor and Generall 
Court of the Massachusetts colon}'- in New-England have sent 
you to give his majesty satisfaction touching the rights of our 
patent, & our actions in the prosecution of that our right in 



334 PROVINCE PAPERS. [1676. 

answer to the pretensions and accusations of Mr Gorges & 
Mr Mason respecting the same. 

2. To all other clamours & accusations you shall answer, you 
have no order nor instruction being sent only to give his ma- 
jesty satisfaction in the particular by him required. 

3. If therefore any particular person should molest you con- 
cerning any pretensions against the country you shall crave 
his majesty's royall favour & protection that you may be free 
to attend his majesty according to his command & with his 
majesty's leave be at liberty to returne to those that sent you. 

4. If notwithstanding our present defence and your further 
argumentations thereon, you shall finde cause you are then 
humbly to crave his maj^^y favour for time for a further 
answer from hence. 

5. In case an answer be demanded of j'ou to the meraoriall 
of the Dutch embassador presented to his majesty a full an- 
swer shall be given by the next passage. 

6. You are by all conveyances from time to time to give 
advice to this Court, or to the Governor & Council of your 
proceedings herein, endeavoring as quick a dispatch & return 
as the necessity of the affaire will admit. 

"Was signed by the Governor in October following. 

16 Sept. 76. J. L., Go. 



Heport of the Lord's Chief Justices, and the King's confirmation 

thereof. 

[Far. Belknap, Vol. 1 ; App. p. 449.] 

At the Court at Whitehall, July 20, 1677. L. S. Present 
the King's most excellent Majesty. 

Lord Chancellor, E. of Craven, 

Ld Treasurer, Ld Bp of London, 

Ld Privy Seal, Ld Maynard, 

Duke of Ormond, Ld Berkley, 

Marquis of Worcester, Mr. Vice Chamberlain, 

Ld Chamberlain, Mr. Sec'y Coventry, 

Earle of Northampton, Mr. Sec'y Williamson, 

Earle of Peterborough, Mr. Chancellor of the Exche- 

Earle of Stratford, quer, 

E. of Sunderland, Master of the ordnance, 

E. of Bath, Mr. Speaker. 



1676.] FROM MASSACHUSETTS RECORDS. 335 

Whereas tho right honourable the lords of the committee 
for trade and plantations, did in pursuance of an order of the 
7th of February last make report to the board, of the matters 
in controversy between the corporation of the Massachusetts 
3dy in New-England, and Mr. Mason and Mr. Gorges touching 
the right of soil and government, claimed by the said parties 
in certain lands there, by virtue of several grants from his Maj- 
esty's royal father and grand father, as foUoweth in these 
words — 

May it please your Majesty : 

Having received your majesty's order in council of the 7th 
of February last past, whereby we are directed to enter into 
the examination of thg bounds and limits which the corpora- 
tion of the Massachusetts Bay in N. E. on the one hand and 
Mr. Mason and Mr. Gorges on the other, do pretend by their 
several grants and patents to have been assigned unto them, 
as also to examine the patents and charters which are insisted 
on by either side, in order to find out and settle how far the 
rights of soil and government do belong unto any of thctn ; 
In consideration whereof the lords chief justices of your majes- 
ty's courts of king's bench and common pleas were appointed 
to give us their assistance, we did on the 5th of April last 
together with the said lords chief justices meet in obedience to 
your majesty's commands, and having heard both parties by 
their council learned in the law, we did recommend unto their 
lordships to receive a state of the claims made by both parties, 
and to return their opinions upon the whole matter unto us, 
which their lordships have accordingly performed in the words 
following : 

In obedience to your lordships order we appointed a day for 
the hearing of all parties, and considering the matters referred 
having received from them such papers of their cases as they 
were pleased to deliver, at which time all parties appearing, 
the respondents did disclaim title to the lands claimed by the 
petitioners, and it appeared to us that the said lands are in the 
possession of several other persons not before us, whereupon 
we thought not fit to examine any claimes to the said lands, 
it being (in our opinion) improper to judge of any title of land 
without hearing of the ter-tenants or some other persons on 



336 PROVINCE PAPERS [1C76. 

their behalf, and if there be any course [courts ?] of justice 
upon the place having jurisdiction, we esteem it most proper 
to direct the parties to have recourse thither for the decision 
of any question of property until it shall appear that there 
is just cause of complaint against the courts of justice there 
for injustice or grievance. 

We did in the presence of said parties examine their several 
claims to the government, and the petitioners having waived 
the pretence of a grant of government from the council of 
Plymouth Avherein they were convinced by their own council 
that no such power or jurisdiction could be transferred or as- 
signed by any colour of law ; the question was reduced to the 
province of Maine, whereto the petitioner Gorges made his 
title by a grant from King Charles the first, in the 15th year 
of his reign, made to Sir Ferd. Gorges and his heirs of the 
Province of Maine and the government thereof. In answer to 
this the respondents alledged that long before, viz. in quarto 
Caroli primi, the government was granted to them and pro- 
duced copies of letters patents wherein it is recited that the 
council of Plymouth having granted to certain persons a ter- 
ritory thus described, viz. " All that part of New-England in 
''America which lies and extends between a great river that is 
" commonly called Monomack alias Merrimack, and a certain 
" other river there called Chai'les river, being in the bottom of 
" a certain bay there called the Massachusetts Bay, and also 
" all and singular the lands and hereditaments whatsoever 
"lying and being within the space of thi'ee English miles on 
" the south part of the said Charles river or any and every 
"part thereof, and also all and singular the lands and heredita- 
" ments whatsoever lying and being within the space of three 
" English miles to the southernmost part of the said bay called 
" Massachusatts Bay; and all those lands and hereditaments 
"whatsoever which [lie] within the space of three English 
" miles to the northward of the said river called Monomack 
" alias Merrimack, or the northward of any and every part 
"thereof, and all lands and hereditaments whatsoever lying 
" within the limits aforesaid, north and south in latitude and 
" breadth, and in length and longitude of and within all the 
" breadth afoi-esaid throughout the main lands there, from the 



1676.] FROM MASSACHUSETTS RECORDS. 337 

"Atlantic and Western sea and ocean on the east part to 
" the South sea on the west." By the said letters patent the 
king confirmed that grant, made them a corpoi*ation, and gave 
them power to make laws for the governing of the lands and 
the people therein. To which it was replied that the patent of 
4° Caroli Imi is invalid. 1. Because there Avas a precedent 
grant 18° Jacobi, of the same thing then in being, which pat- 
ent was surrendered afterwards and before the date of the 
other 15" Car. Irai. 2. The grant of the government can 
extend no farther than the ownership of the soil, the bound- 
aries of which as recited in that patent wholly excludes the 
province of Maine which lies northward more than three miles 
beyond the river Merrimack. 

We having considered these matters do humbly conceive as 
to the first matter that the patent of 4" Caroli Imi is good 
notwithstanding the grant made in the 18" Jac: for it appear- 
ed to us by the recital in the patent 4° Caroli Imi that the 
Council of Plymouth had granted away their all interest in 
the lands the year before, and it must be presumed they then 
deserted the government ; whereupon it was lawful and neces- 
sary for the king to establish a suitable forme of government 
according to his royal wisdome, which was done by that pat- 
ent, 4 caroli Imi making the adventurers a corporation upon 
the place. As to the second matter it seems to us to be very 
clear that the grant of the government 4° Caroli Imi extends 
no further than the boundaries expressed in the patent, and 
those boundaries cannot be construed to extend further north- 
wards along the river Merrimack tlian three English miles, 
for the north and south bounds of the lands granted so far as 
the river extends are to follow the course of the river which 
make the breadth of the grant, the words describing the 
length to comprehend all the lands from the Atlantic ocean to 
south sea of and in all the breadth aforesaid, do not warrant 
the oven-eaching those bounds by imaginary lines or bounds 
other exposition would (in our humble opinion) be unreasona- 
ble and against the interest of the grant. The words " of and 
in all the breadth aforesaid " shew that the breadth was not 
intended an imaginary lino of breadth laid upon the broadest 
part, but the breadth respecting the continuance of the bouud- 
22 



338 PROVINCE PAPERS. [1676. 

aries by tho river as far as the rivers go, but when the known 
boundary of breadth determines it must be carried on by im- 
aginary lines to the South sea. And if tho province of Maine 
lies more northly than three English miles from the river 
Merrimack, the patent of 4^ Caroli Irai gives no right to govern 
there and thereupon the patent of the same 15° Car. Imi to the 
petitioner Gorges will be valid, so that upon the whole matter 
we are humbly of opinion as to the power of government, that 
the respondents, the Massachusetts and their successors, by 
their patent of 4" martis 4** Caroli Imi have such right of 
government as is granted them by the same patent within the 
• boundaries of their lands expressed therein, according to such 
description and exposition as we have thereof made as aforesaid 
and the petitioner Sir Ferdinando Gorges his heirs and assigns 
by the patent od April have such right of government as is 
granted them by the same patent within [the territory] called 
the province of Maine according to the boundaries of the same 
expressed in the same patent. Ri. Rainsford, 

Fra. North. 

All which being the opinion of the lords chief justices, and 
fully agreeing with what we have to rejiort unto your majesty 
upon the whole matter referred unto us by the said order, we 
humbly submit the determination thereof unto your majesty. 
Anglesey, Craven, J. Williamson, 

Ormond, H. London, Tho. Chickley, 

Bath, G. Carteret, Edw. Seymour. 

Which having been read at the board the' 18th instant, it 
was then ordered that the said 3Ir. Mason and Mr. Gorges, as 
also that the agents of the corporation of the Massachusetts 
Bay should be this da}^ heard upon the said report, if they had 
any objections to make thereunto. In pursuance whereof all 
parties attending with their council, who not alledging any 
thing so matei'ial as to prevail with his majesty and the board 
to differ in judgment from the said report; his majesty was 
thereupon pleased to approve of and confirm the same, and 
did order that all parties do acquiesce therein, and contribute 
what lies in them to the punctual and due performance of the 
said report, as there shall be occasion. 

JOHN NICHOLAS. 



1070.] PROVINCE PAPERS. 330 

N. B. The above paper of which the copy is attested by Edward 
Ratcsoji, Secretary of Massachusetts^ and John Penhallow, Clerk 
of the superior court of New- Hampshire, is in the files of the said 
superior court, and in the Masonian proprietary office. 



Extracts from Edward Randolph's^ Report to the Council of Trade. 

[Copied from Doc. Col. Hist. N. Y., vol. 3, pp. 240-243.] 

Sixth Enquiry. 
"What are the reputed Boundaries and Contents of land?" 
"The ancient bounds of the Massachusetts Colony was not 

above twenty miles upon the sea coast, but the present limits 

* It appears that Edward Kandolph came to this country in Juno 1676. 
Belknap says [Farm. Belk., p. 86] : " A letter was dispatched, March 
10, 1676, to the Massachusetts Colony, requiring them to send over agents 
•within six months, fully empowered to answer the complaints, which 
Mason and the heirs of Gorges had made, of their usurping jurisdiction 
over the territories claimed by them ; and to receive the royal determina- 
tion in that matter. Copies of the complaints were inclosed, and Edward 
Randolph, a kinsman of Mason, a man of great address and penetration, 
resolute and indefatigable in business, was charged with the letters, and 
directed by the Lords of Trade to make inquiry into the state of the coun- 
try. When he arrived, June 10, he waited on Governor Leverett, who 
read the king's letter, with the petitions of Mason and Gorges, in Council, 
Randolph being present, who could obtain no other answer than that 
• they would consider it.' 

"He then came into New-Hampshire, and as he passed along, freely de- 
clared the business on which he was come, and publicly read a letter which 
Mason had sent to the inhabitants. Some of them he found ready to com- 
plain of the government, and desirous of a change; but the body of the 
people were highly enraged against him, and the inhabitants of Dover in 
public town meeting, protested against the claim of Mason, declared that 
they had bona fide purchased their lands of the Indians ; recognized their 
subjection to the government of Massachusetts, under whom they had 
lived happily, and by whom they were now assisted in defending their 
estates and families against the savage enemy. They appointed Major 
"Waldron to petition the king in their behalf, that he would interpose his 
royal authority and aflbrd them his wonted favor ; that they might not 
be disturbed hy Mason or any other person, but continue peaceably in 
possession of their rights under the government of Massachusetts. A sim- 
ilar petition was sent by the inhabitants of Portsmouth, who appointed 
John Cutt and Richard Martyn, Esq., Capts. Daniel and Stileman to 
draught and forward it." 



340 PROVINCE PAPERS. [1676. 

are as large as that government please to make them, having 
some years since taken in the two entire provinces of Hamp- 
shire and Maine, by them now called after other names and 
divided into four counties, Norfolk, Suffolk, Middlesex & York- 
shii^e, besides several considerable towns in the other Colonies 
of New-Plymouth and Connecticut. For the Massachusetts 
having the pre-eminency in trade, strength and riches, they 
take the liberty to claim as far as their convenience or interest 
directs, never wanting a pretence of right to any place that is 
commodious for them, declaring they doe not yet know the 
boundaries of their commonwealth. And although His Maj** 
Commissioners in the year 1665, did settle the limits of several 
Colonies, especially the Provinces of Hampshire and Main and 
declared to the inhabitants that by His Maj'' commission and 
authority they were taken off from the government of the 
Massachusetts to the general satisfaction and rejoicing of the 
people and did constitute Justices of the Peace and other offi- 
cers (with the consent and appi'obation of the Proprietors) to 
act and governe according to the laws of England, and by such 
laws of their owne as were not repugnant thereunto, until 
His Ma^i® should take further order therein. 

''Whereupon His Ma^^*' by His Declaration to the Corporation 
of Boston of the 10th of April, 1666, did approve of the actings 
and proceedings of his said Commissioners and did require and 
command that no alteration be made either in the boundaries 
or government of those Colonies, and that all determinations 
made by His Maj'' Commissioners should continue and be ob- 
served until His Maj*^^ should make his owne finall determina- 
tion. 

"Yet nevertheless no sooner were His Maj*'^ Commissioners 
returned for England, but Mr Leveret the present Governor, 
Mr Ting, Captain Pike and some others, entered those Prov- 
inces in a hostile manner, with horse and foot, and subverted 
the government there settled by the Commissioners, impris- 
oned several persons and compelled the inhabitants to submit 
to their usurpation. 

" And thus, taking all opportunities and advantages to im- 
prove their dominions and authority the jurisdiction of the 
Massachusetts is swelled into a very large territory." 



1676.] PROVINCE PAPERS. 441 

/Seventh Enquiry (p. 241). 

" What correspondence doe they keep with their neighbours 
the French on the North and the government of New-York on 
the South ?" 

" The French have held a civil correspondence with the 
inhabitants of Hampshire, Main and the Duke's Province, 
although the government of Boston, upon all occations is im- 
posing upon the French and encouraging an interloping trade, 
which causeth jealousies and fears in the inhabitants bordering 
upon Arcadio, that the French will some time or other sud- 
dainly fall upon them, to the breach of the national peace. 
The government of the Massachusetts hath a perfect hatred 
for the French, because of their too near neighborhood and loss 
of their trade and look upon them with an evil eye, beleeving 
they have had a hand in the late wars with the Indians. 

" As for New Tork there were several things in matter of 
trade that occasioned a difference between the two govern- 
ments, which at length rose soe high that it came to a stop of 
trade : — The Governor of New York not permitting any Euro- 
pean goods to be imported into that Colony from Boston that 
had not a certificate or other sufficient proof to have paid 
customs in England, which has ever since occasioned a mis- 
understanding between them. 

" In the late Indian Warr, the government of Boston did 
greatly complaine of Fort Albany, that from thence the Indians 
were supplied with arms & ammunition, and were encouraged 
to begin and prosecute the war, but this great outcry is judged 
by the wiser and sober sort of people to bo without any just 
cause or ground, but rather a report raised out of malice and 
envy. For the government of the Massachusetts loves no 
government that is not like their owne, and thei-efore they 
were more kind and friendly to the Dutch (even in time of 
warr) when they were possessed of New Y''ork, than they are 
to their countrymen the English. 

" However the Governor of New York hath proved very 
friendly and serviceable to the Massachusetts in this warr, and 
had the magistrates of Boston either conferred with or heark- 
ened to the advice of Colonel Andross, the Indian warr had 
either been diverted or prooved less destructive, for ho offered 



342 PROVINCE PAPERS. [167G. 

and would have engaged the Mohawks and Maquot Indians to 
have fallen upon the Sachem Phillip and his confederates; but 
his friendship, advice and offers were slighted. 

• " Nevertheless Collonel Andross out of his duty to His Maj^'^ 
kept the aforesaid Indians from taking any part with the 
Sachem Phillip." 

Eighth Enqidry. 

" What hath been the original cause of the present warr with 
the Indians; what are the advantages or disadvantages arising 
thereby, and will probably be the final end thereof?" 

Various are the reports and conjectures of the causes of the 
late Indian warr. Some impute it to an imprudent zeal in the 
magistrates of Boston to Christianize those heathens, before 
they were civilized and enjoyning them to the strict observa- 
tion of their laws, which to people soe rude and licentious, 
hath proved even intolerable ; and that the more, for while 
the magistrates for their profit severely putt the laws in exe- 
cution against the Indians the people on the other side for 
lucre and gain intice and provoke the Indians to the breach 
thereof especially to drunkenness, to which these people are 
soe generally addicted, that they will strip themselves to the 
skin to have their fill of rum and brandy. 

The Massachusetts government having made a law that 
every Indian being drunk should pay ten shillings or be whip- 
ped according to the discretion of the magistrate, many of 
those poor people willingly offered their backs to the lash, to 
save their money. 

Whereupon the magistrate finding much trouble and no 
profit to arise to the government by whipping, did change 
that punishment of the whipp into a ten days work, for such 
as would not or could not pay the fine of tenn shillings; which 
did highly incense the Indians. 

Some beleeve that there have been vagrant and Jesuitical 
priests who have made it their business and designe for some 
yeai's past to goe from Sachem to Sachem to exasperate the 
Indians against the English and to bring them into a confed- 
eracy, and that they were promised supplies from France and 
other parts, to extirpate the English Nation out of the Conti- 
nent of America. 



1676.] PROVINCE PAPERS. 343 

Others impato tho cause to arise from some injuries offered 
to the Sachem Phillip, for he being possessed of a tract of land 
called Mount Hope, a very fertile pleasant and rich soil, some 
English had a mind to dispossess him thereof, who never 
wanting some pretence or other to attain their ends, com- 
plained of injuries done by Phillip and his Indians to their 
stocks and cattle. 

Whereupon the Sachem Phillip was often summoned to ap- 
pear before the Magistrates, sometimes imprisoned, and never 
released but upon parting with a considerable part of his lands. 

But the government of the Massachusetts (to give it in their 
own words) doe declare these are the great & provoking evils 
which God hath given the barbarous heathen commission to 
rise against them : — 

The wofuU breach of the fifth commandment in contempt of 
their authority, which is a sinn highly provoking to the Lord. 

For men wearing long hair and perriwigs made of womens 
hair. 

For women weai'ing borders of hair and for cutting, curling 
and laying out their hair and disguising themselves by follow- 
ing strange fashions in their apparel. 

For prophaneness of the people in not frequenting their 
meetings, and others going away before the blessing is pro- 
nounced. 

For suffering the Quakers to dwell among them, and to sett 
up their thresholds by God's thresholds, contrary to their old 
laws and resolutions, with many such reasons. 

But whatever was the cause, the English have contributed 
very much to their misfortunes, for they first taught the 
Indians the use of arms & admitted them to be present at all 
their musters and trainings, and shewed them how to handle, 
mend and fix their musquets and have been constantly fur- 
nished with all sorts of arms by permission of the government, 
Boe that the Indians are become excellent fire-men & at Natick 
a town not far distant from Boston, there was a gathered church 
of praying Indians who were exercised as trained Bands, under 
oflficers of their own. These have been the most barbarous 
and cruel enemies to the English above any other Indians. 



344 PROVINCE PAPERS. [1676. 

Captaine Tom their leader being lately taken and hanged at 
Boston, with one other of their chiefs. 

That notwithstanding the ancient law of the country made 
in the year 1633 that no persons should sell any arms or am- 
munition to any Indian, upon the penalty of ten pound for 
every gun, five pound for a pound of powder, and fourty shil- 
lings for a pound of shot; yet the government of the Massa- 
chusetts in the j^ear 1057 (upon designe to monopolize the 
whole Indian trade to themselves) did publish and declare that 
the trade of furrs and peltry with the Indians within that 
jurisdiction, did solely and properly belong to their Common- 
wealth and not to every indifferent person ; and did enact that 
no person should trade with the Indians for any sort of peltry, 
except such as were authorized by that Court, under the pen- 
alty of one hundred pounds for every offence ; giving liberty to 
all such as should have licence from them to sell unto any In- 
dians, guns, swords, powder and shot, paying unto the Treas- 
urer for the same these rates, viz*. Three shillings for each 
gun; three shillings for a dozen of swords; six pence for a 
pound of powder, and six pence for every ten pound of shot. 
By which means the Indians have been abundantly furnished 
with great store of arms and ammunition, to the utter ruin 
and undoing of many families in the neighbouring Colonies, 
for to enrich some few of their relations and Church Members. 

No advantages but many disadvantages have risen to the 
English by this warr, for about six hundred men have been 
slain and twelve Captains most of them stout and brave per- 
sons and of loyal principles, whilest the Church members had 
liberty to stay at home and not hazard their persons in the 
wilderness. 

The loss to the English in the severall colonies, in their hab- 
itations and stocks is reckoned to amount unto one hundred 
and fifty thousand pounds ; there having been about twelve 
hundred houses burnt, eight thousand head of Cattle great and 
small, killed, and many thousand bushels of wheat, pease and 
other grain burnt (of which the Massachusetts Colony hath 
not been damnified one third part, the great loss falling upon 
New Plymouth and Connecticut Colonies) and upward of 



1676.] FROM MASSACHUSETTS RECORDS. 345 

three thousand Indians, men women and children destroyed, 
who if well managed would have been very serviceable to the 
English ; which makes all manner of labour deax\ 

The waiT at present is near ended for the Sachem Phillip not 
being able to support his party or confederates hath left them 
to make the best terms they can : he himself sculking in the 
woods with a small party of two or three hundred men : being 
in dispair of making his peace. 

In Plymouth Colony the Indians surrender themselves to 
the Governor Winslow upon mercy, and bring in all their 
arms, and are wholly at his disposal, excepting life and trans- 
portation J but for all such as have been notoriously cruel to 
women and children, soe soon as discovered they are to be 
executed in the sight of their fellow Indians. 

The government of Boston have concluded a peace upon 
these terms : — 

1. That ther be from hence forward a firm peace between 
the English and Indians. 

2. That after the publication of the articles of Peace by the 
Generall Court if any English shall willfully kill an Indian, 
upon due proof he shall die for the factj and if an Indian kill 
an Englishman and escapeth, the Indians are to produce him, 
and he to pass tr3'al by the English laws. 

3. That the Indians shall not conceal or entertaine any 
known enemie to the English, but shall discover them and 
bring them to the English. 

4. That upon all occasions the Indians are to aid and assist 
the English against their enemies, and to be under English 
command. 

5. That all Indians have liberty to sitt downe at their for- 
mer habitations without any lett or interruption. 



October 12. Mass. Rec, 5, p. 123. 

It is hereby ordered, that out of those new levyed souldeirs 
ordered by this Court to bo raysed for the eastern service, that 
the Council take care to send away w"* all speed one hundred 



346 PROVINCE PAPERS. [167G. 

& fivety men w* provisions, & aminition, & cloaths, to Capt. 
Hathorne, for the security of what is remayningin Yorkshire, 
& if possible to annoy the ennemy in their quarters; and that 
Capt. Hawthorne attend such orders as he shall receive from 
the councill or Major Generall Dennison, who is hereby desired 
& ordered to repaire to Portsmouthj or some of the adjacent 
townes, to mannage that affaire until it be ended or accom- 
plished, and all other provision designed for that affayre for 
the pi-esent to cease. 

P. 125. 

It is hereby ordered, That Capt. Tho. Daniel & Mr. Marten 
of Portsmouth doe impress such vessels as are needful, w*"* 
aminition & provision, and what may be necessary for the de- 
signe, who are to goe to Blacke Point, "Winter Harbor,* &c., 
for the recovering & securing of those places, and distressing 
& destroying the ennemy there or elswhere, and that Mr. Na- 
thaniel Fryer have the comand & disposing of them for the 
ends aforesaid. 



Honorbie Sir : 

It is the good pleasure of God still to manifest the tokens of 
his displeasure against us, by permitting the ennemy in the 
eastern parts to doe much mischiefe; who have made their 
progress as farr as Black Point & Winter Harbo^ The English 
there having left those places & garrisons to the Indians, who 
now possesse them, wee account it our duty to indeavo' by the 
help of God, to recover them from them, and to use all foi'ce 
against them, wherein we desire &, expect yo'^ concurrance w"* 
us, & assistance of us w"' some English, & also some of your 
Indians, & Capt. Church, whom we have spoken with here, & 
finde him ready to serve God and the country; request there- 

* " Those places formerly called Black Point, Blue Point, and Stratton's 
islands, henceforth to be called Scat-barough." See Coll. Me. Hist. Soc, 
vol. 1, p. 7. 

"Winter Harbour." In 1616, Sir F. Gorges sent out a ship under the 
charge of Richard Vines, who passed the winter at the mouth of Saco river, 
from which circumstance (as is supposed) was derived the name of Winter 
Harbour, which it still bears." See Coll. Me. Hist. Soc, vol. 1, p. 9. 



1G77.] FROM MASSACHUSETTS RECORDS. 347 

fore your speedy sending of him, & such as you shall see meet, 
80 asist in that designc, & so praying for God's presence and 
blessing on o'' eudovo" w"" respects to you, are, S"", 
Your humble servants & confederates, 

The Gen. Court of the Massachusetts. 

Signed, p. J.no. Lkverett, Gov. 

Dated October 17, lG7t3. 
" To the Governor of Plymouth." 



At a General Court for Elections held at Boston May 23, 
1677. 

The County of York with Dover & Portsmouth being behind 
in their rates in proportion with the rest of the Country, It is 
ordered by this Court that the Treasurer forthwith issue out 
his warrants for levying & Collecting all rates laid on the 
Country which are behind unpayd according as the law pro- 
vides being in all thirty two single liatcs, including the sixe 
Kates granted this present session. C. liec, vol. 5, p. 133. 

24 May. 5, p. 133. 

'' For the better putting a restraint & securing offenders that 
shall any way transgress against the Lawes, title Saboath, 
either in the meeting house by abusive carriage or misbehav- 
iour, by making an}'^ noyse or otherwise, or during the day 
time, being laid hold on by any of the inhabitants, shall, by 
the said person appointed to inspect this law, bo forthwith 
carried forth & put into a cage in Boston, which is appointed 
to be forthwith, by the select men, to be set up in the market 
place, and in such other townes as y® County Courts shall ap- 
point, there to remain till authority shall examine the person 
offending & give order for his punishment, as the matter may 
require, according to the lawes relating to the Saboath." 



348 PROVINCE PAPERS. [1677. 

Orders as to setling our neighbors, Indians, m four Plantations.* 

May 24, 1677. Yol. 5, p. 136. 

" Ordered, That the Indians about Piscataqua shall be set- 
tled about Quochecho, as shall be further ordered by the coun- 
cill ; and all other lawes and orders relating to the Indians & 
made since the warre began, as to their confinement to this or 
that place, or giving liberty to take or kill any - - them 
found without the liniitts appointed, are hereby repealed and 
declared void." 

To prevent the inconvenience by Injans traveling the woods 
with their gunns. Its hereby ordered, that all neighbour In- 
jans & friends — shall & hereby are enjoyned, on the sight of 
any English person or being called unto, shall immediately lay 
down his gunno — nor shall any Indian on this side Merrimack 
River have liberty to travaile the woods with their gunns 
without a certificate from Major Generall Denison & Major 
Gookin, or on the other side Merrimack Eiver, without like 
certificate from Major Richard Waldron. 

V, p. 144. 

Information being given to this Court of sundry young men 
and single persons in the eastern countys that are out of im- 
ployment, & not capable to provide for themselves by reason 
of the troubles there ; to the end they may be the better pro- 
vided for, & improoved for the publique safety, it is hereby 
ordered that they be forthwith impressed into the country s 
service (by eastern countys is to be understood the counties 
of Yorke, Dover & Portsmouth) provided that there be as 
many of the soldjers from those parts now in gan-ison in those 
townes dismissed as are pressed & taken into the service above 
mentioned, 

* The Indians in Massachusetts were ordered to be settled in Natick, 
Punkapaug [Stoughton], Hassanemesit [Grafton], and Wanieset [Tewks- 
bury], and " when once settled a list to be taken of all the men, women «fc 
children of the several companis once a year at least and kept upon re- 
cord." The Indian "children and youths to be taught and instructed in 
the Christian religion until each of them attain the age of 24 years," &c. 



1677.] FROM MASSACHUSETTS RECORDS. 349 

P. 145. 

Major Eichard "W^aklron, Capt. Elias Styleman, Mr Richard 
Martyn & Capt Tho Daniel, returned to tliis Court as chosen 
to be associates for the county of Yorks for this yeere, were 
allowed of by this court. 

Mr Samuel Dalton is appointed & was alike impowered with 
majestratticall authority in Hampton for this yeare ensuing. 

Major Richard Waldron for Yorks, Dover & Portsmouth, and 
Capt Elias Styleman & I\Ir Richard Martyn for Portsmouth & 
Dover, wer alike invested with magistratticall authority for 
the 3'eare ensuing. 

10 October, 1677. 5, p. 156. 

It is ordered by this Court and authority thereof, that Capt. 
Thomas Bratle for Suffolke, Mr Elias Styleman for the county 
of Dover & Portsmouth shallbe a comittee, and are hereby 
impowered and authorized by this Court to take the account 
of the stewards of the new bricke building at the coUedgo. 

The gentlemen of Hampshire, Yorkshire, Dover & Ports- 
mouth may send their account to the gentlemen at their meet- 
ing at Cambridge. 

22 October. 5, p. 171. 

Mr Joseph Dudley being appointed to keepe the Courts at 
Dover and Yorke, to be held by adjournment the latter end of 
this October, itt is ordered that the Tresurer supply him with 
five pounds money for the discharging of necessary expences 
of himself & his attendants. 



Letter from Gov. Leverett, to the Lord Chancellor of England. 

[^Extract.'] 
October 22. Vol. 5, p. 158. 

'' We doubt not but our messengers, or their council, have 
declared that after tho government of the Province of Maine 
was deserted by Mr Gorges, and that by the extent of our 
line, petition & free consent of the inhabitants, they were taken 
under this gov'ment, and have remayned so for more than 
twenty years, to the general sattisfaction and benefit of the 
inhabitants, but to our great charge & expcnco, especially in 
their late troubles w"" the Indians, to the value of many thou- 



350 PROVINCE PAPERS. [1776. 

sand pounds ; but if, notw^'standing all our pleas and allega- 
tions, his majtie and council shall see cause to order that pro- 
vince to belong to Mr Gorges, yet wee humbly implore your 
hono' to mediate in our behalfe with his maj^J^ & council that 
our line & patent may extend at least to Pascataqua Eiver, 
taking in those few villages and that small tract of land lying 
betwixt the two rivers of Merrimack & Pascataqua, w*^*" hath 
binn under the gov'ment, the most of them moi-e then forty 
years, and never under any other orderly govei'nment before, 
nor so much as claymed by Mr Mason, and that some meete 
compensation may be allowed as by Mr Gorges towards that 
vast charge and espence Avee have binn at to preserve those 
townes which remaine in that province fi'om being utterly 
destroyed by the fury of the enemy j for however our adver- 
saryes may falsely suggest our neglect thereof, yet we doe 
assure your bono'' in the words of trueth, wee put no difference 
between those parts and those that were and are undoubtedly 
& without question within the line of our patent; but such 
wei'e their scittuation and distance one from another, that 
much blood was shed & damage done, & many captives taken, 
almost before wee knew there was an ennemy in those parts, 
all or the most of whom wee have redeemed or regayned." 
" Yr. humble suppliants & servants, 

Tho. Leverett, Gov." 
''In the name of the Gen^i Court, 
Boston, 22d October, 1G77." 



Salisbury, 12th 7 mo. 1677. 
20 October. 5, p. 180. 

Wee, whose names are subscribed, appointed by the hono''ble 
Gennerall Court May 23, 1677, upon our repayre to Salisbury, 
and notice given to all parties to yeild their attendance, a ffuU 
hearing & plea being allowed to Major Pike & the Reverend 
Mr. Wheelewright, and others of the church concerned, wee 
finde that though the originall fault chardged upon Majo^ Pike 
was not a matter of plaine immorality & scandall, yet that, in 
the after management & prosecution of the difference between 
himself and said Wheelewright, pastor, he hath shewed him- 
selfe too litigious in impeaching him w*^ so many articles under 
his hand, thereby procuring great disturbance to the church 



1G77.] FROM MASSACHUSETTS RECORDS. 351 

& place, and also much contempt of said Wheolewrights per- 
son & office, in piiblickely retortin*,^ upon him those words in 
the 7th of Mathew the 5th, ' Cast out the beame,' &c. and of 
him and the church m his sudden w*''dravving, and with much 
contempt I'cfusing their judgment, as prooved against him, of 
all Vf"^ wee expect his candid acknowledgment, neither can 
wee excuse Mr. Wheelewright of too ranch precepitancy in 
pronouncing a sentence of excommunication against said Pike 
w^'out further tryall for repentance, according to the vote of 
the church, if he repent not, agravated in that the offence was 
primarily personall, and thereby plainly hazarding the breach 
of the church, being but eight and seven,,, which sadly came to 
passe. Wee cannot but condemne that evil practise of those 
of the church & towne that did endeavor in their petition to 
the gennerall court to eject Mr. Wheelewright his ministry, by 
renderinor him to be the cause of the disturbance, and that his 
ministry had a tendency to the inflaming the minds of people 
one against another — a practise of so dangerous a consequence 
that not only the contrivers, but even those that were drawne 
thereinto ought to reflect upon with selfe condemnation, which 
wee expect to heai'e from them. 

Wee finde, also, that those brethren, with Majo'' Pike are 
chargeable for breach of comunion & a tendency to schisme 
in their so farr espousing that quarrell as to w'Mraw, and those 
of Amesbury alike faulty for these pai-ticular interposing in 
that matter, which they were not present at the mannage- 
ment of, too much espousing a party rather than seeking the 
churches peace ; and therefore doe advise & pray a gcnerall 
& serious sence of these particulars in the severall parties con- 
cerned, & that Mr Wheelewright & the church doe, upon the 
Major's confession as above, receive him again to their co- 
munion, hoping Mr Wheelewright & the church will see the 
errour of the former transaction, as intimated above, and that 
they all agree together to obteyne some other godl}^ and 
learned person to assist their pastor in the worke of his minis- 
try, not abating his former maintenance amongst them. 

Daniel Dcnison, Ilugh Mason, 

J : Dudley, Daniel Fisher. 

Thomas Savage, 
To y" hono'ble the 
Gen'i Court, now sitting. 



352 PROVINCE PAPERS. [1677. 

Tlie returne of the Committee appointed to repaire to Salisbury to 
settle & compose the disensions there. 

Having given notice to the church and persons concerned in 
Salisbury of our intentions to be there on the 12th of September 
last, to attend the order and comission given us by the last 
Court, & accordingly most of us repayring thither, & conven- 
ing the people, & acquainting them with our comission & signi- 
fying to them that their dissentions and the disturbances 
among them were grievous & scandelous, and accordingly ad- 
vising them to christian composure & due reflection on their 
late distempers, they had full liberty to declare their causes. 

The pastor begining to declare the grounds of his, & those 
■w*^ him, proceedings, in like manner having heard Majo"" Pike 
and such other as were with him, to speake freely & fully, wee 
told them they should soon after understand our minds and 
sence, w"^^ was delivered to them, whereof the annexed is a 
true copy. [See preceding article.] 

Copies whereof wee gave to both partyes, after read to the 
assembly, gave them that nights consideration, and in the 
morning in the open assembly, though w*** some difficulty, wee 
obteyned their compliance therein & remission of all offences 
mutually and Mr Wheelwright & the churches free reception 
of Majo' Pike into their fellowship againe, and resolution by 
Gods help to bury & foi'get all past miscarreages, & live in love 
& the feare of God. Daniel Denison, 

Joseph Dudley, 
Thomas Savage, 
Hugh Mason, 

30 October. Daniel Fisher. 

Major Apleton was present, consented & signed, but is now 
absent. J. D. 

This returne is accepted by the Court. 



1077.] FROM MASSACHUSETTS RECORDS. 353 

Order for the vigorous prosecution of the war against the Eastern 

Indians. 
24 May. 5, p. 133-4. 

This Court considering tho necessity of a present vigorous 
prosecution of the warr ag°' the insolent Eastern Indians, by 
invading & assaulting them in their quarters, especially near 
the sea coast, doe therefore order provisions of all sorts, neces- 
sary to - - - made for two hundred men, to be sent to 
Black Point, to furnish & magazeno there for tho souldici'S to 
be imployed in those parts, & further, that a light vessel and 
two shallops be provided to attend the said souldiers, for their 
transportation over creeks and rivers, and pursuing tho Indian 
canoes; and one hundred and fifty or two hundred stout, ac- 
tive souldiers bo rayzed, & put under active & prudent leaders, 
& be, with all convenient speed, dispatched to Black Point & 
those parts, to pursue & destroy the enemy, and endeavour the 
rescue of the English prisoners ; & that those forces in York- 
shire under Capt. Frost & Capt. Swaine, so many as shall bo 
judged necessary for the garrisoning the townes, to be, with 
their commission oflBcers, dismissed, and such of the- souldiers 
as shall be left in garrison to be under the Comand & order of 
the Committee of militia of the respective places where they 
shall remaine. 

24 May. 5, p. 138. 

The Court having agreed to raise forces for the suppressing 
of the enemy in the east parts, & the late news of their further 
incursions requiring tho hastning thereof, with an additional 
number to those formerly mentioned, the Court judgeth it 
meet that our confoederates be forthwith acquainted with the 
enemies motions & our absolute necessity of a vigorous prose- 
cution of the enemy, & that they be respectively requested to 
Bend their proportions of English to the number of one hun- 
dred, & of Indians to the number of two hundred, with amu- 
nition & provisions accordingly; & for tho more speedy 
hastning hereof, that meet messengers be sent with letters 
from this Court. 

23 



354 PROVINCE PAPERS. [1675. 

Documents relating to Indian troubles at Piscataqua 
and the Eastern parts, from 1675 to 1678. 

Major WaldrorCs Letter to the Governor of Massachusetts. 

[The original is in the Massachusetts Archives.*] 

Dover, 25th September, 1675? 
Much Hon'rd. 

My absence from home (being this week at Eastw'd) hath ocationd your 
hearing nothing from meo soe long, but being just now returned this eve- 
ning, thought it my duty w'th all expedition to give acct of the state of 
the Place. Since I sent away Capt. Davis w'th about 50 men at ye ene- 
mies ffirst assault of those places (having further information of their kill- 
ing and burning) according to your direction raised a Pty of souldiers out 
of Dover and Portsm'th, and with an addition of some from Kittery 1 did 
myself advance eastward for the further succour of those places, but before 
I came soe ffar of Sawco, Cap. Davis being gone to Falm'th where the 
first damage was done by the enemy ; I had Advise of ye enemies march- 
ing Westward, falling upon Scarborough and Sawco, killing and burning, 
on Saturday and Sabbath day last at Scarborough, they killed an old manf 
[Wakely] and woman and burnt their house, and at Mr. Foxwells two 
young men were killed, being att ye barn about their cattle. The enemy 
then advanced tow'ds Sawco river which is nott above 4 miles distant from 
yt part of Scarborough, and there fell to burning of houses : ye People 
before having Intelligence from an Indian called Scossaway of ye time 
when thej' would come, deserted their houses, most of them repairing to 
Maj'r Pendletons, but Mr. Benighten [Bonighton or Bonethon] and some 
other families, to Maj'r Phillij^s. On Saturday Morning ye Indians rifled 
and burnt several houses on ye north side of ye river, among wch Mr. 
Bonighten was one, he being the night before fled to Majr Phillijys. While 
said houses were burning a Pty of them, judged about 36 Ind'ns came 
over the river in English canoos, and when come Ashore, cutt holes in 
ym and turned them Adrift ; but all this time finding noe men they went 
to Maj'r Phillips Saw mill &c. so set it goeing, then on fire and burnt it, 
and afterwards did ye like to his corn mill, it being Judged to be their 
design thereby to draw them out of ye house, and soe to surprise both them 
and itt, but Maj'r Phillips being forwarnd of their coming made some 
small defence about his house, having with him of his own ffamilies and 
'neighbors to ye number of 15 men, besides women and children, in all 
about 50. The bushes being thick within shot of his house, could not at 
ffirst see an Ind'an, but one of ye men perceiving a stirring among the 
fiearnes Maj'r Phillips looked out of his chamber Window yt way and 

* This copy is made from N. E. Gen. Keg., vol. 7, pp. 93, 94. Ed. 
t See Hubbard, Indian Wars, p. 16, pt. 2d. 



1675.] RELATING TO INDIANS. 355 

ffrom thenco was Imediately shott att and slightly wounded in yo should'r 
(2 more were alsoe wounded aflcrw'd, that being all the harm done thoro). 
Afterwds ye shott came thick wch was accordingly Answered flrom with- 
in. But noe Indians as yet apeared, but only creeping dcckt with ftearnes 
and boughs, till some time after they gott a pr of old truck wheels and 
fitted ym up with boards and Slabs flbr a barricadoe to safe guard ye 
Driver, thereby Endeavouring to burn ye house, having prepared com- 
bustible matter as birch rinds, pitchwood, Turpentine and powd'r ftbr j't 
end, but they in ye house Pceiving their Intention Plyed their shott 
against itt and found afterward their shott went through. A little before 
they came at ye house there was a little wet ground into wh'ch j'e wheels 
sunk and that obstructed their driving itt forward, they Endeavouring to 
gett it out of ye dirt again by turning a little on one side, thereby layeing 
ymselves open to ym in the house, w'ch oportunity they improoved and 
made them quitt their work and ffly, but continued fireing at j'e house all 
night, till Sabbath day morning about 9 o'clock, and then saw ye Indiang 
at a distance March away, they Judged between 20 and 30, and some of 
ym with 2 guns ; but before they went, they sett fire on a little out house, 
and in itt burnt several hogs, since w'ch Maj'r Phillips is removed down 
to Winter harbour to Maj'r Pendletons, where I foiuid him. After this, 
ye same or another Party of Indians, went to Scarborough, to a place 
called Dunstan, where Lt. Alger being abroad with 6 men more, well 
armed, being about their ocations, mett 14 Ind'ns compleat in Arms in 2 
ranks. He retreating a little tow'ds his house, ye Indians Advanced and 
followed, whereupon he faced ym, ye ffirst rank of ye Ind'ns fired and 
orderly fell in ye rear of the others. Lt. Alger with his men fired and 
Primed, they struck some of ym whereupon they Imediately fled, they 
being at a considerable Distance. None of ym Rec'd any harm, but, 
Notwithstanding all this, neither mj'self nor Capt Davis nor any Pty I 
sent out, tho' I had ym in those parts 120 souldiers, could ever see an 
Ind'an. Therefore considering ye weaknesse I left our Pts in, nearer 
homew'd, by taking soe many thence, and the little hope wee had of meet- 
ing w'th ye enemy, who as soon as ever they discovered a Pty of souldiers 
in one place fled to another, and by reason of ye vast inconvenience at- 
tending a March in yt country ocationed by many rivers. Marshes &c., I 
thought it most prudent to contract ye people into as small a compasse as 
may be in those towns, and there make some fortifications to defend them- 
selves; having left about 60 souldiers in garrison at Sawco, Scarborough 
and Falm'th fibr ye defence of those places, and ffor their help in gather- 
ing their corn, and securing their provitions, bringing ye Remaining 
forces back w'th me to their scverall towns again ; having likewise ordered 
Wells, York and Kittcry, to garrison ymselves for yr our defence, ye 
Distractions of those places by reason of Psons being forced to ftbrsake 
their Plantations and leave their corn and cattle to ye enemy doth portend 



356 PROVINCE PAPERS. [1676. 

inevitable want, &c. to ensue, unlesse God by his extraordinary providence 
prevent. Their case being considered, beg yor thoughts and direction 
about it, w'ch when Rec'd shall be readily attended by 

Hon'rd Sir, yor Humble Servt. 

Richard Waldern. 



[N. E. Gen. Keg., vol. 3, p. 23.] 

Capt. Frost and Sergnt Neall. 

Gentlemen, I thought to have mett with you here at Major Sheply's 
[Shepleigh] but understanding the guns were herd about Stargeon Creek 
it is well you tooke your march as you did — my dasier [desire] and order 
is that you garrison you owne house with 10 men and doe your beste now 
the snow is upon the grond which will be Advantadge upon their tracks. 
Your letter I receved about garrisoning your house. We have a party of 
men upon your side comanded by goodman banmore [?] and John Win- 
gut [Wingate?] and Joseph Fild are going out this night: and in case 
you want men goe to the garrisons above and especially Samon fauU and 
take men for any expedition : and all the Comanders of the garrisons are 
hereby required to attend your order herein and this shall be your surfi- 
cant warrant. 

dated this 8 noraber 1675 about 3 oclock. 

your servant Richard Waldern, 

I intend God willing to be at Sergent Major, 

Nachwanach to morrow morning, 
therefore would dasier to her from 
you. R. W. 



Letter from Brian Pendleton, Esq., of Saco. 

[Coll. Me. Hist. Soc, vol. 1, pp. 145-146.] 
superscribed, 

•* fibr the Honored Governor and Counsell for the Matacusets at Boston 
with all speed : " — 

♦' Honored Governor together with the Counsell " 

" I am sorry my pen must bee the messenger of soe great tragedye. On 
the 11 of this instant wee heard of many killed of our naybors in Fal- 
mouth or Casco Bay, and on the 12 instant Mr. Joslin sent mee a briefe 
letter written from under the hand of Mr. Burras [Burroughs], the min- 
ister. Hee gives an account of '62 killed and carried away by the Indians. 
Himself escaped to an island — but I hope Black Point men have fetched 
him off by this time. 10 men, 6 women, 16 children." 

Yours in all humility to serve in the Lord, 

Briak Pendleton." 

Winter Harbour at night the 13th of August 1676. 



1676.] RELATING TO INDIANS. 357 

Sham Fight with Indians at Dover, September 7, 1G7G. 

" There were gathered at Cocheco (Sept. 6) some four hundred Indians; 
for though the war had again broken out on the Kennebec, there was 
peace on the Piscataqua. Of these, two hundred were refugees, who had 
fled thither for protection. All of them wore on terms of peace with Ma- 
jor Waldron, and considered themselves as perfectly safe. But the Mas- 
sachusetts government had ordered their troops to seize all southern In- 
dians wherever they might be found. In obedience to these orders Capts. 
Syll and Ilathorne told Major Waldron that they must seize these Indians 
by force. The Major dissuaded them from this purpose, well knowing the 
bloodshed that would follow such an attempt, and contrived a strategcm 
to accomplish the purpose. He proposed to the Indians to have a sham 
fight, the next day ; they agreed to it; the Indians formed one party, and 
the troops of Waldron (including those under Capt. Frost of Kittery) 
with the two companies formed the other. In the midst of their fight, 
the whites suddenly surrounded the whole body of Indians, and made them 
prisoners, almost without exception, before the Indians were aware of the 
intended deception. The captives were disarmed immediately ; the South- 
ern Indians present were sent to Boston, the others were set at liberty. 
Of those sent to Boston some five or six were hung for past ofl'ences, and 
the remainder sold into slavery. 

This action of Major Waldron has excited different opinions in difierent 
persons. * * * * The Indians never forgave him ; they did not un- 
derstand why they should be punished for acts of open warfare committed 
in the South when peace had been made at the North. They could not 
comprehend the policy which treated them as rebels, who were born free; 
and when some who were sold into slavery escaped, and returned to the 
woods of the Cochecho, they hoarded up their vengeance until the bloody 
morning of the 28th of June, 1G89." Hist. Mem., No. 107. A. H. Q. 



Letter relating to the Indians captured in the sham fight. 

Dover, 10 September, 1676. 
Much Hond. 

The Indians being now on board and coming towards you, wee yt have 
been so far Impr ------ about them thought it convenient to 

inform how farr they have kept the Peace made with us and who of these 
are concerned therein, viz. Penicooks, Wonolansets, Waymesists & Pis- 
cataq Indians, there being not any belonging further Eastward come in - - 
nor any other of those belonging to ye south side of Mirimack ever in- 
cluded in our Pease. Those of them that had made ye Pease coming in to 
comply with itt, the others to get shelter under j-ou, but that they should 
be all treated alike as hero they were wee humbly Conceive no Reeson, wee 
not being able to charge those yt made ye Pease with any breach of Arti- 
cles, save only that of entertaining our Southern Enemies, but by yt 



358 PROVINCE PAPERS. [1676. 

meanes we came to surprise soe many of ym. There are several of Pis- 
cataq Indns here who before the Pease had been very active Against us, 
but since have all lived quietly and attended order, but yor Pleasures being 
to have all sent down to determine their Case at Boston hath been Attend- 
ed, keeping here about 10 young men of ym to serve in the Army wth 
their families & some old men & theirs with Wonolansets Relations, yes- 
terday came in 2 squawes informing that one eyd Jno & Jethro were de- 
signing ye surprising of Canonicus & bringing in desireing some of our old 
Men to come to Advise wth him about it, I forthwith sent out there to 
flfurther ye design. Wee have Information from Jewel's Island yt the 
former newes is not soe bad being not above 10 in all kill'd and wounded 
being unexpectedly surprised. If yr be any obs[t]ructions in ye iFurther 

Prosecution of ye enemy now by ye our people will quickly 

desert their Country. Shall add no more at Prsent. — but remain in much 
Honr. yor Humble servnts, 

Richard Waldern, 
Nic. Shapleigh, 
Tho. Daniel. 
Hist. Mem. No. 107. A. H. Q. 



1676, 16th September. 5, p. 115. 

" There being many of our Indian ennemyes seized, & now in our pos- 
session, the Court judgeth it meete to referr the disposal of them to the 
honoured council, declaring it to be their sence, that such of them as shall 
appear to have imbrued their hands in English blood should suffer death 
here, and not be transported into forreigne parts." Mass. Rec. 



[From the Massachusetts Archives.*] 

Portsmouth, 19, 8 r, 1676. 
Much Honrd, 

Being upon occasion of ye Alarms lately reed from ye Enemy mett 
together at Portsmo thought meet to give yor Honers our sense of Mattrs 
in ys part of ye country in the best manner yt upon ye place in this prsent 
Hurry wee are able to get. How things are now at Wells and York wee 
know not but prsume yourselves will be informed ere ys comes to yor hand 
P ye Post sent from the Comandr in Chiefe, wch (as was understood) 
went thro ye Towne this Morning. Only thus much we have learnt yt ye 
Enemy is Numorous & about those pts having carried all clear before him 
so far as Wells. That he is preceding towards us and so on toward yor- 
selves ye Enemy intimates & ye thing itself sjieaks. What is meet to be 

♦Copied from Hist. Mem., No. 107. A. H. Q. 



1G7C..] RELATING TO INDIANS. 359 

now don is wtli yorsclves to say rather than for us to suggest, however be- 
ing so deeply and nextly conserncd humbly crave leave to offer to Consid- 
er[atio]n whether ye securing of what is left bee not o[u]r next Work 
rather than yo Attempting to regain wt is lost, unless there were strength 
enough to doe both. It seemes little available to endeavor ought in yo more 
Eastern places yt are already conquered, unless there bee several Garrisons 
made & kept with provision & Animinition & what may be suitable for a 
Eecruit upon all occasions, wch to do (at least ys winter) cannot say yt ye 
profit will amend for ye charge. Sure wo are yt orselves (yt is the County 
of Northfolk with Dover & Portsmo.) are so far from being capeable of 
sparoing any fforces for yt Expedition yt wee find ourselves so thinned & 
weakened by those yt are out already yt there is nothing but ye singular 
Providence of God hath prevented our being utterly run down. The 
enemy observes o[u]r Motions and knows or strength (weakness rather) 
better yn wee are willing hee should & Pbably had been with us ere this 
had not ye Highest Power ruled him. And that Ilaver-hill, Exeter, &c. 
are in like predicament wtli Dover &c seems apjjarent, & hence as incapea- 
ble of spareing Men. In true [?] there is an army out in Yorkshire wch 
will doubtless doe what may bee done, yet there is room enough for ye 
Enemy to slipp by them unobserved, & if so, what a condition we are in 
is evident. Our own men are not enough to maintain or own places, if 
any Assault bee made & yet many of ors are now on the other side of the 
Pascataq River. Wee expect an onsett in one place or other every day & 
can expect no Eeleife fro those that are so far fro home. If it should bee 
thought meet yt all ye Men j't are to come to us & other parts — - from 
the deserted & unguarded Eastern Country should bee ordered to ye Places 
that are left on their own side of ye Eiver, that so ors may be recalled to 
their severall Towns, it might possible be not unavailable to the End. 
Especially if, withal some Indians might be ordered to those parts to bee 
upon a perpetuall Scout from place to place. Wee design not a lessening 
or discouragmt of ye Army, who rather need strengthning & Incouragmt, 
for we verily think yt if by ye good Hand of Providence ye Army had 
not been there, all ye parts on yo other side of ye River had been possest 
by the Enemy prhaps orselves too ere ys Time. But what we aim at is 
that ourselves also may bee put into a Capacity to defend or selves. Wee 
are apt to fear wee have been too bold with yor Honors, but wee are sure 
our Intentions are good, & or condition very bad except ye Lord of Hosts 
appear for us speedily, & wee would be found in the Use of Meanes, com- 
mending or Case to him yt is able to protect in ye Use of Meaues, — com- 
mending in order thereunto, & Remain 

Much Honrd yor Humble Servts 

Richard Walderx, 
John Cutt, 
Tho: Daxiel, 
RoBEKT Pike, 
Richard Martyn, 
Wm. Vaughan. 



360 PROVINCE PAPERS. [1676, 

Another letter relating to the Indians captured in the sham fight. 

[From the Massachusetts Archives.*] 

Cochccho, 2, 9ber, 1676. 
Major Gookin. 

Hond Sir, I reed yours of 25th 8ber concerning some Indns wch you 
say it is alledg'd I promis[d] life & liberty to. time Prmits mee not at 
prsent to inlarge but for Answer in short you may Please to know I prom- 
ised neither Peter Jethro, nor any other of yt Compa life or liberty it was 
not in my power to doe it. all yt Ipromise[d] was to Peter Jethro, vizt : 
That if he would use his Endeavor & be Instrumental in ye bringing in 
one ey'd Jno. »S:c. I would acquain ye Govenr wth wh service he had done 
& Improve my interest in his behalfe that I Acquainted ye Honrd Coun- 
cil v/ith^ if it had been their Pleasure to have saved more of ym it would 
not have trouble[d] mee. As to the Squaw you mention belonging to one 
of Capt. Hunting's souldiers, there was S[uch] a one left of ye first great 
Compa of Indns [sent?] down wch Capt. Hunting desir'd might stay here 
til himselfe & her husband Came back from Eastward wch I consented to, 
and how she came among yt Compa I know not, I requiring none to goe 
yr to Boston but those that came in after ye Armies departure, neither 
knew I a word of it at Boston, wn I disposed ym. Soe yt twas her own 
fault in not Acquainting mee with it; but if said Squaw be not Sent ofl" I 
shall be freely willing to re-imburse those Gent wt they Gave mee for her 
that she may be set at liberty, being wholy Inocent as to wt I 'me charg'd 
wth I intend ere long to be at Boston wn I doubt not but shall give you 
full Satisfaction there about. 

I am Br, yor humble Servt, 

KiCHARD "WaLDKBN. 



Letter from Richard Martyn, Esq., of Portsmouth, to Gen. Den- 

nison.-\ 

"Honored Sir — 

This serves to cover a letter from Capt Hathorn from Casco Bay, in 
which you will understand their want of bread, which want I hope is 
well supplied before this time : for we sent them more than 2 m waight : 
which I suppose they had last Lord's day night : the boat that brought 
the letters brings also word yt Saturday night the Indians burnt Mr. 
Munjoy's house and 7 persons in it, yt is, his house at ye fishing Island. 
The Sagamore of Pegwackuk is taken and kill'd and one In. Samson by 
our army ; but the enemy is doing mischiefe apace. On Sabbath day a 
man and his wife namely one Gouge were shot dead and stript by ye In- 

* Copied from Hist. Mem., No. 108. A. H. Q. 
t CoU. Me. Hist. Soc, vol. 1, p. M6. 



1676.] RELATING TO INDIANS. 361 

dians at Wells, yesterday at 2 of the clock Capt Nedick was wholly cut 
off only 2 men and a woman with 2 or 3 children escaped, so that we ex- 
pect now to hearc of farther mischiefe every day. They send to us for 
helpe both Wells and Yorko but wc had so many men out of our town yt 
we know not how to spare any more. Your sjieciall speedy order fur the 
Impressing some from the shoales will be of use at present. Sir, please to 
give notice to ye Council yt supply be sent to ye army from ye Bay for 
they have eaten us out of bread, and here is little wheat to be gotten and 
lesse money to pay for it. Supplys may as easily be sent ym from Boston 
as from hence, and should there be another army come among us, as I 
suppose there must speedily be wee shall be very hard put to it to find 
bread for them, the Lord direct you and us in ye great concerns that are 
before us, which dutifull service presented in haste I remain, 

Sr your servant 

Portsmouth, Sept. 26, 1G7C. Kicuard Martyk. 

Directed 

To ye Honored Maj. Generall Daniel Dennison these present Hast Post 
Hast. In Ipswich. 

By an Indian that was taken the army was informed yt at Peqwacket 
there are 20 captives. D. Denison." 



[November 9th was appointed as a day of public thanksgiving, — be- 
cause among other reasons] " God hath made bare his owne arme for our 
deliverance, by taking away counsell «& courage from ourennemios, & giv- 
ing strange advantage and great success to ourselves & confederates 
against them, that of those severall tribes & parties that have hitherto 
risen up against us, which were not a few, there now scarce remaines a 
name or family of them in their former habitations but are either slayne, 
captivated or fled into remote parts of this wilderness, or lye hid, dispair- 
ing of their first intentions against us, at least in these parts ; unto which 
mercy God hath added an abatement of those epidemicall sicknesses that 
have attended us most part of this summer, & vouchsafe us a liberall por- 
tion of the fruites of the earth for our comfortable sustentateon and re- 
leefe." Mass. Rec, vol. 6, p. 130. 



Instructions for Major Rich. Waldern.'*' 

You shal repair to Black point with the 60 soldiers under Capt. Frost 
that you are authorized by the council to raise in Dover, Portsmouth and 
Yorkshire, by the 8 Febr. where you are to take under your comand the 
other forces from Boston & Salem under the comand of Capt. Hunting & 
Leiftenant Fiske, and other - - - - oflicers, from whence with all 

• Copied from Hist. Mem., No. 108. A. U. Q. 



362 PROVINCE PAPERS. [1667. 

expedition with the advice of j'our Comanders - - - - you shall ad- 
vance towards the enemy at Kinnebeck or elsewhere & accordinge to the 
proposed designe endeavor with all silence & secresy to surprise them in 
their quarters, wherein if it please God to succeed you, you shall do your 
utmost endeavor to save and rescue the English prisoners. 

If you fail in this design you shall assay by all means in your power to 
disturb & destroy the enemj', unless you have such overtures from them 
as may give some competent assurance that an honorable & safe peace may 
be concluded with them, wherein you must avoyd all trifling and delays & 
with all possible speed make a dispatch of the affairs not trusting them 
without first delivery of all the captives & vessels in their hands. 

If you should in conclusion find it necessary to leave a garrison in Kin- 
nebeck wee must leave it to your discretion. 

You shall use utmost expedition as winds & other advantages will per- 
mit, lest ye season be lost and charges seem without profit. 

Praying God to be with you, 

E E, S. 

24 January 1676-7. [Edward Kawson, Sec] 



To Major Richard Walden : 

Whereas you are apojmted Co'r in Cheif of the forces now to be raised 
against the enemy the - - - - in the East for - - - - all have 
ordered the rendezvous of sd forces at Black point the 8 of Febr. next, 
hereby ordered and authorized you are to take under your comand and 
conduct, the sd forces wch j'ou are to require to obey & attend your orders 
& comands as their Comander in Chief, & you to leade conduct & order 
the sd forces for the best service of the country against the comon enemy 
whom you are to endeavor to surprise, kill & destroy by all means in your 
power & al souldiers, ofiicers &c under you are required to yield obedience 
- - - - endeavor to recover the English prisoners from out of their 
possession, you are also to govern the forces under your comand according 
to the laws enacted by the Generall Ct. to attend all such orders and 
comands as you shall receive from time to time from the general Court' 
Council or other Superior authority. 

Given in 29 jan. 1676-7. past. E. K., S. 

His. Mem., No. 108. A. H. Q. 



Cochecha, 18th : April 1677. 
May it Please yor honor : 

I have lately Kecd some lines from Majr Gooken intimating an order of 
ye honrd Council for ye sending mee 10 Indus to releive and strengthen ya 
pts, wch ffvour I gratefulljr Acknowledge but of the said 10 are but 2 
come from Cambridge & 3 from Ipswich, 2 ye latter being old & unfltt for 
servise wch must dismisse again to save Charges. 



1667.] RELATING TO INDIANS. 3G3 

Major Gookin hints yt ye Indns aversion to coming hither is not with- 
out some Reasons of weight without telling meo what they are, but am 
since better Informed of their complaints from the Secretary, vizt, of my 
Improoveing them to labour about my own ocations without any Allowance 
& their dissatisfaction with my Provisions, flbr ye former I did Employ 
some of ym, 5 or 6 days but pd ym as our English souldiers use to doe to 
provide wood to make j'mselves a fire. I think some of ym in my ab- 
sence were ordred to Cutt bushes on ye side of ye Comon Koad without 
wch no Post or other could passe without danger of being cutt of by an 
unseen enemy. 

As to their Provision, know not why they should [complain] unlesso 
because I did not keepe a Maid to dre.sse their victuals for ym but ordered 
ym to do it ymselves. I did not discover any kind of dissatisfaction till 
Peter Ephraim came & after yt nothing would content ym but they must 
goe home. Wn I had the 1st intimation of three Indns seen up Mirri- 
mack I had ordred 20 forthwith to have gone out but through the sd Pe- 
ters means they were grown soe high & ungovernable was fforc't to dis- 
misse them. 

Since my last wo have been & are almost daily Alarmed by ye Enemy. 
An Acct of ye mischief done yor honrs have already had. 

11th inst. 2 men more kill'd at Wells. 12th, 2 men, one woman & 4 
children kill'd at York & 2 houses burnt. 13th, a house burnt at Kittery 
& 2 old people taken Captive by Simon & 3 more, but they gave ym their 
liberty again without any damage to their psons. 14th, a house surprised 
on south side Piscatay & 2 young women carried away thence. 16th, a 
man kill'd at Greenland and his house burnt, another sett on fire but ye 
Enemy was beaten off & ye fire put out by some of our men who then 
recovered alsoe one of ye young women taken 2 days before who sts there 
was but 4 Indians ; thej' run skulking about in small pties like wolves, 
we have had pties of men after them in all qurters wch have sometimes 
Recover'd something they have stolen, but can 't certainly say they have 
kil'd any of ym ; Capt tfrost is after ym in Yorkshire, from Black point 
you will have ye Intelligence of ye Enemies March ffrom Capt Scottow, 
to whom have sent some letters from ----- I add noe more at present 
but Comend you to God's Protection who hath hitherto & is able still to 
be our Guard. resting sr, yor very humble Servt 

lllCHARD WaLDERN. 

Hist. Mem., No. 109. A. II. Q. 



Instructions for Capt. Charles Frost. *^ 

You must take notice that the party of souldiers now sent j'ou are do- 
signed chiefly for the defen.se of Yorkshire & the dwellinges on the upper 

• Copied from N. E. Gon. Keg., vol. 3, p. 2a. 



364 PROVINCE PAPERS. [1G77. 

parts of Pascatay. You are therefore principally so to improve them, by 
your constant marches about the borders of "Wells, Yorke, Nochewannick, 
Cochecho, Exeter, Haverill &c. ai you shal have intelligence of the ene- 
mies motion, whom you are upon every opportunity without delay to 
persue & endeavor to take Capteve, kill & destroy. 

Having notice of any partie of the enemy at any fishing place or other 
rendezvous you shall lay hold on such opportunity to assault the enemy. 

If you shiiU understand the enemy to be too numerous for your smal 
partie you shall advise with Major Walderne and desire his assistance to 
furnish you with a greater force for a present service, but if you judg the 
opportunity or advantage may be lost by such a delay you shall for a 
present service require the inhabitants or garrison souldiers of the place 
where you are or so many as may be necessary for you & safe for the place 
immediately to attend you upon such present service for destroying the 
enemy. 

In all your motions and marches, silence & speed will be your advan- 
tage & security. 

You must supply your present wants of victuals and amunition for your 
souldiers out of the townes & places where you come, especially from 
Portsmouth to whom I have writt for that end, «& if a larger supply be 
wanting you shal give notice thereof to my selfe or the Governr & Counsel. 

The necessity & distress of those parts & confidence of your courage & 
industry doe require your utmost activity in the management of this busi- 
ness ; without spending needless expensive delays up and be doing & the 
Lord prosper your endeavors. 

You shall from time to time give intelligence of all occurances of 
moment to Major Walderne & myself, & as much as may be wthout pre- 
judice of the service advise w'th Major Walderne & the gentlemen of 
Portsmouth upon whom you must principally depend for your present 
supplyes. 

[Then follows In another hand.] 

for Charles Frost. 

These are the instructions Keceived from ye Maj'r Generall at the same 
time as his Comiss. of April, 1677, & delivered to him the 13th according 

to order. 

Yours, EoBT. Pike, Sergt. 



To Capt. Charles Frost: 

'You are Required in his Maj'ties name to impresse six able souldiers 
either of yr own town or others compleatly ffitted w'th arms & Amunition 
to attend ye service of ye country in yor Garrison or otherwise as you see 
meet, & this shall be yor sufficient war'tt from 

Richard Waldern, Serget major. 
2 May, 1677. 



1670.] FROM MASSACHUSETTS RECORDS. 365 

In the spring of the year 1678, a peace was concluded at Cascoo, Major 
Shaplcigh of Kittery, Captain Francis Champernoon and Mr Fryer of 
Portsmouth acting for the whites. The following paper has reference to 
this matter : 

" For Major Waldron & Major Pendleton, from yourselves by several 
letters we have received information of Squando & the other Indians case 

thfir desire further to hear the English of parts for a firm peace & 

that Major Shapleigh & C. Champernoon are desired to advance in that 
matter as most acceptable to the Indians, if themselves or any other per- 
sons be judged suitable by yourselves for such an occasion be obtayned to 
hear them they may in the name of the Governor & Councill promise 
them a safe conduct coming and returning hither in way of treaty, wheth- 
er anything concluded or no as they formerly have if otherwise they may 
take the Indians demands of which ourselves here may consider and give 
answer. In the mean time advising as the spring cometh on to be upon 
your watch and guard your own Security. 

Not else but remain S - - - 

Your friend & servant, 

Edwd Kawson, Secret & 

- ... of the Councill." 
Hist. Mem., No. 109. A. H. Q. 



28 May, 1679. 5, p. 218. 

In answer to the petition of Mrs Francis Eeyner — the Court 
orders, that the select men of Dover doe take effectuall care 
to setle the acompts betweene the inhabitants of said towne 
and Mrs. Reynor, administratrix to the estate of the deceased 
Mr John Reynor, relating to his sallery, and the payment of 
Buch arrears as are yet unpayd, & that this bo donn at or be- 
fore the last day of September next.* 

* Rev. John Ketner, sixth minister of the Church in Dover, was a na- 
tive of England. He came to America in or near the year l('i35, and in 
16^6 settled in Plymouth, Mass., where he remained for eighteen years. 
His connexion at Plymouth was dissolved in November, 1654, and he was 
settled in Dover, 1655. The town gave Mr. Reyner a house and a few 
acres of land, 1659, which was confirmed to his heirs by vote. May 29, 
1671. His house stood near the school house on Dover Neck, and its site 
is still discernible. In the last few years of his life he was assisted by his 
son, John Reyner, jun. He died, 22 April, 1669, his will being dated 19 
April. Frances, his wife, administered on his estate. Of Mr. Reyner, 
it is said, "He was richly accomplished with such gifts and graces as wore 
befitting his place and calling, being wise, faithful, grave and sober, a 



366 PROVINCE PAPERS. [1679. 

28 May. 5, p. 226. 

Major Eichard Waldron, Capt Elias Stileman, Mr. Eichard 
Martyn & Capt. Thomas Daniel returned to this Court as 
chosen to be associates for this yeare for the County Court of 
Dover, were allowed of by this Court. 

Mr Samuel Dalton was appointed & was alike Impowered 
with Magistraticall authority in Hampton for this yeare ensu- 
ing. Maj. Richard Waldren for York, Dover & Portsmouth, & 
Capt Elias Stileman & Mr Eichard Martyn for Portsmouth & 
Dover were alike invested with magistraticall authority for 
the ensuing year 



30 May, 1679. 5, p. 231. 

It is ordered by this Court, that the County Court next to 
be held at Dover, doe take effectuall care for the levying of the 
publicque rates payable & due from the inhabitants of that 
Court, as well those on the Isle of Shoales as elswhere, that so 
the dues belonging to those that have donn service in the late 
warr, & disbursed their estates for the publicke, may be payd 
as in equity wee are bound. 



EDWARD COLCORD. 

To the Honoured Governor & Councill now assembled in Boston. 
When Major waldrine went from the Genneral Court of Bos- 
ton about May last was two yeares, when he returned through 
Hampton he requested me Edward Colcord to Come to his 
house, wheare he showed me the complaint yt was put in to 
his Majesty against the Massathusetts Majestrates wr'in he said 
Mason had charged the Magestrates sume things to this pur- 
pose wch I heare relate yt they had taken away the govern- 
ment of the people; and burnt the houses &baneshed several! 
prsons; upon wch Major waldrine desireing me, being an An- 

lover of good men, not greedy of the matters of the world, and armed 
with much faith, patience, meekness — was an able, faithful, and laborious 
preacher of the Gospel, and had an excellent habit of training up children 
in a catechetical way in the grounds of christian religion." [See Quitifs 
Hist. Mem., No 65, with a copy of his will.] — Ed. 



1679.] FROM MASSACHUSETTS RECORDS. 367 

tient Inhabitant in these parts, to speak avIi scverall Inhabit- 
ants thciro yt wcire antieut Inliabitants to speake to the truth 
theireof, who gave in or testimoncys to the trutli foryor Hon- 
ours vindecation ; and to accomplish this it Cost me Eighteen 
days tyme ; & one wccko Coniingc hcither wch was in the 
prime of Sumer; for wch I desire satisfaction. 

Edward Colcord. 
Boston, Gth March 1678-9. 

[A marginal note adds,] 

I hoj)o yor honours will give me at least tenn pounds for I 
really desarve it & more ; for I was no sunner absent but post 
was sent after me.* Hist. Mem., No. 98. A. H. Q. 

* [What further happened to Edward Colcord, appears from the sub- 
joined action of the President and Council of ISIew-Uampshire, two years 
later.] — Ed. 

The case of Edward Colcord for abuse offered to his wife att divers 
times as Doth appear bj' Evidenc, the President and Council doth order 
that the sayd Edward Colcord shall continnow in prison till hampton 
Court next, unless he Gitt baile to the valine of fortie pounds to keepe the 
peace towards all persons and speciall towards his wife and children till 
the Court take further order Concerning him. 

29th June 1081. 

Edward Colcord moving the Council (who hath sentenced him to pris- 
on, there to be kept can give Security of £40 for his Good Apearing to his 
wife and family that stands in fear of their lives if he be att liberty) 
which by reason of his restraint Cannot find what to answer, as if he had 
some time allowed him to Attaine the same, the Council doth further or- 
der thatt he have three weeks or a month's liberty to procure sufficient 
sureties to the said some of 40£ and if in the mean time he shall Com mitt 
any outt Rage or any wise abuse his wife or children upon any of their 
Complaints to authority made by them, that then he shall forfeit to 
the Treasurer of this p'vence all that Kight he hath or ought to have 
into all or any part of thatt maintenance the Councill hath allotted 
him for his support During his life out of whatt Ever Estate he hath or 
pretendeth to have, and be forthwith Committed to prison without baile 
or monie prize ther to be kept During the Counci's pleasure to be Com- 
mitted by such of the Council as the Complaint be made unto. 

by order of the Councill 

30th June, 1G81. Samll. Daltox, Recdr. 

Hist. Mem., No 98. A. H. Q, 

I^^OTE. — "Ould Edward Colcord died February 10, 1G81-2." Hampton 
Town Rec. 



868 PROVINCE PAPERS. [1679. 

15 October, 1679. 5, p. 245. 

In answer to the petition of Kowley referring to a council 
for setlement of their differences this Court doth order, that 
the churches of Ipswich, Newberj, Hampton, Haverill, who 
were formerly, by their Elders & messengers upon the place, 
together with the messengers of the three churches of Boston, 
the church of Salem, Beverly & Portsmouth, be written unto 
by the Secretary in the name of this Court, to assemble at 
Rowley on the second Wednesday in November, to give their 
solemne advice & issue to the said differences, as God shall di- 
rect, and make returne to the next Gennerall Court. 

P. 252. 

Whereas the military company in Hampton is destitute of a 
leftennant, this Court doth order, that Ensigne John Sanborne 
be leiftennant, and Sarjant Thomas Philbrick be ensigne, & 
that commissions be granted to them accordingly. 



Feb. 4, 1680. 

At a Generall Court specially called by the Gov'' & assistants 
at Boston & held there Feb. 4, 1679-1680. 

This Court doth hereby declare that all Commissions that 
have been formerly granted by the Colony of the Massachu- 
setts to any person or persons that lived in the townes of 
Hampton, Exeter, Portsmouth & Dover are hereby withdrawn, 
and as to any future act made voyd and of no effect. C. Eec, 
vol. 5, p. 258. 



FROM MASSACHUSETTS RECORDS. 



369 



Names of Dejmties from toions in New-IIampsMre, to 
the General Court of Massachusetts, in Boston, from 
1641 to 1679. 



[Copied hy the Editor from the printed Records of Mass.] 

1641, 7 October. 

1642, 8 September 



1643, 10 May. 

1644, 29 May. 

1645, 14 May. 

1646, 6 May. 

1647, 26 May. 

1648, 10 May. 

1649, 2 May. 

1650, 22 May. 

1651, 7 May. 

1652, 27 May. 



Hampton. 
Hampton. 
Strawberry Bank. 

Hampton. 

Dover. 

Strawberry Bank. 

Hampton. 
(( 

Dover. 



Willi. Hayward, 

Willi. Hayward, 

Mr. Jam: Parker, 

Willi : Haward, 

Edward Starbuck, 

James Parker, 

Left. Howard,* 

Will. Eastowe, 

Mr. Willm. Hilton, 

Mr. Stec. Winthropp, Strawberry-banke. 

Capt. Wiggin, Dover. 

William Heath, " 

Left. Howard, Hampton. 

Strawberry Bank. 

Hampton. 

Dover. 
<( 

Strawberry Banke. 

Hampton. 

Hampton. 
Dover. 

Hampton. 

Dover. 

Jeoffrcy Mingay, Hampton. 

Left. John Baker, Dover. 

Roger Shaw, Hampton. 

Roger Shaw, Hampton. 

Mr. Valentine Hill, Dover. 



Wm. English, 
Wm. Waldron, 
Edw. Starbuck, 



Wm. English, 
Wm, Estow, 
Wm. Furber, 
Wm. Eastow, 



*This the same as " Hayward." 
24 



370 




PROVINCE PAPERS. 




1653, 


18 May. 


Mr. Eoger Shaw, 
Mr. Valentine Hill, 
Mr. Brian Pendleton, 


Hampton. 
Dover- 
Portsmouth. 


1654, 


3 May. 


Mr. Anthony Stanion, 
Capt. Richard Walden, 
Mr. Valentine Hill, 
Capt. Brian Pendleton, 


Hampton. 
Dover. 

Portsmouth, 


1655, 


23 May. 


Henry Dow, 

Mr. Valentine Hill, 


Hampton. 
Dover. 


1656, 


14 May. 


Henry Dow, 

Capt. Richard Walderne, 


Hampton. 
Dover, 


1657, 


6 May. 


Robert Page, 

Capt. Richard Walden, 

Mr. Vallentine Hill, 


Hampton. 
Dover. 


1658, 


19 May. 


Left. Christ' Hussey, 
Capt. Richard Waldern, 
Capt. Brian Pendleton, 


Hampton. 

Dover. 

Portsmouth. 


1659, 


11 May. 


Left. Christopher Hussye, 
Capt. Rich. Waldern, 


Hampton. 
Dover. 


1660, 


30 May. 


Left, Christo Hussey, 
Capt. Rich. Waldderne, 
Mr. Hen. Sherborn, 


Hampton. 

Dover. 

Portsmouth. 


1660, 


19 December. 


Left. Christop'' Hussey, 
Capt. Rich. Walderne, 
Capt. Brian Pendleton, 


Hampton. 

Dover. 

Portsmouth. 


1661, 


22 May. 


Wm. Fuller, 

Capt. Richard Walderne, 

Capt. Brian Pendleton, 


Hampton. 

Dover. 

Portsmouth. 


1662, 


7 May. 


Mr. Samuel Dalton, 
Capt. Richard Walderne, 


Hampton. 
Dover. 


1663, 


27 May. 


Capt. Wm. Gerrish, 
Capt. Richard Walderne, 
Capt. Brian Pendleton, 


Hampton. 

Dover. 

Portsmouth. 


1664, 
1665, 


18 May. 
3 May. 


Capt. Wm. Gerrish, 
Mr. Samuel Dalton, 
Capt. Richard Walderne, 
Mr. Richard Cutt, 


Hampton, 

Hampton. 

Dover. 

Portsmouth. 



FROM MASSACHUSETTS RECORDS. 



371 



1666, 23 May. Mr. Samuel Dalton, Hampton, 

Capt. Richard Waldern, Dover. 

Mr. Nath'l Fryer, Portsmouth. 

Capt. Richard Walderne was chosen Speaker for the session. 

1666, 11 September. At a special session, present 

Mr. Samuel Dalton, Hampton. 

Capt. Richard Walderne, Dover. 

Mr. Nath. Fryer, Portsmouth. 

1667, 15 May. Mr. Wm. Fuller, Hampton. 

Capt. Richard Walderne, Dover. 

Mr Elias Stileman, Portsmouth. 

Capt. Richard Walderne was chosen Speaker for this session. 

1668, 29 April. Mr. Robert Page, Hampton. 

Capt. Richard Walderne, Dover. 

Mr. Elias Styleman, Portsmouth. 

Capt. Richard Walderne was chosen Speaker for this session. 



1669, 19 May. Mr. Samuel Dalton, 1 

Mr. Josh. Gilman, J 
Capt Richard Walderne, 
Capt. Richard Cutts, 

1670, 11 May. Mr. Samuel Dalton, 

Capt. Rich Waldern, ) 
Left. Rich. Cooke, j 
Mr. Richard Cutt, 

1671, 31 May. Mr. Samuel Dalton, 

Capt. Rich'^ Walderne, ") 
Left. Rich. Cooke, | 

Mr. Elias Stileman, 

1672, 15 May. Capt Xtoph' Hussey, 

Capt. Rich. Waldern, \ 
Left. Peter Coffin, j 
Capt. Ri. Cutt, I 
Mr. Rich.Martyn, j 

1673, 7 May. Mr Samuel Dalton, 

Capt. Richard Walderne, 
Left. Peter Coffin, 
Mr. Elias Styleman, 
Richard Waldron was chosen Speaker. 



HamjDton. 

Dover. 

Portsmouth. 

Hampton. 

Dover. 

Portsmouth . 
Hampton. 

Dover. 

Portsmouth. 
Hampton. 

Dover. 

Portsmouth. 

Hampton. 

Dover. 

Portsmouth. 



372 



PROVINCE PAPERS. 



1673, 16 September. At a speciall general court, 

Capt. Eieb. Waldern, ) 
Left. Peter Coffin, J 
Mr. Eich. Martyn, 
Eichard Waldron was chosen Speaker. 

1674, 27 May. Mr. Samuel Dalton, 

Capt. Richard Walderne, \ 
Mr. Anthony Nutter, j 
Capt. Eichard Cutt, 
Richard Waldron was chosen Speaker. 

1675, 12 May. Mr. Samuel Dalton 1 S.* 

Maj. Eich Walderne, 
Capt. Eich. Cutt, 
Maj. Eichard Waldern was chosen Speaker. 



1676, 3 May. 

1676, 9 August. 

1677, 23 May. 

1678, 8 May. 

1679, 28 May. 



Mr Samuel Dalton, 
Mr. Anthony Nutter, 
Mr. Eichard Cutt, 
Mr. Samuel Dalton, 
Mr. Rich. Waldron, 
Jn. Cutt, 

Mr. Tho. Marston, 
Majo. Eichard Waldron, 
Capt. Elias Styleman, 
Mr. Sam. Dalton, 
Mr. Samuel Dalton, 
Left. Peter Coffin 1 S. 
Mr. Eichard Martyn, 
Maj. Eichard Waldron, 



Dover. 
Portsmouth. 

Hampton. 

Dover. 

Portsmouth. 

Hampton. 

Dover. 

Portsmouth. 

Hampton. 

Dover. 

Portsmouth. 

Hampton, 

Dover. 

Portsmouth. 

Hampton. 

Dover. 

Portsmouth. 

Hampton. 

Hampton. 

Dover. 

Portsmouth. 

Kittery. 



Maj. Eichard Waldron was chosen Speaker for the session. 



The jurisdiction of Massachusetts over New-Hampshire 
terminated this year. 



* Probably 1st session. 



THE COMMISSION 

CON8TITDTINO A 

PRESIDENT AND COUNCIL 

FOB THE 

PROVINCE OF NEW-HAMPSHIRE, 

IN NEW-BNGLANI).* 



[Council and Assembly Records.] 

Charles y^ Second To all to whom these Presents shall come, 

Greeting : 

"Whereas, our Colony of y^ Massachusetts, at Mattathusetts 
Bay, in New-England, in America, have taken upon them- 
selves to organize a government and jurisdiction over y* Inhab- 
itants and Planters in y« Towns of Portsmouth, Hampton, 
Dover, Exeter, and all other y^ Towns and lands in y^ Prov- 
ince of New-Hampshire, lying and extending from three 
miles northward of Merrimack River, or any part thereof, 
into y* Province of Maine, not having any legall right or 
authority so to do; Avliieh said jurisdiction, and all further 
authority thereof, we have thought fit, by the advice of our 
Privy Council, to inhibit and restrain for the future; And do 
hereby inhibit and restrain y^ same. And whereas y° Govern- 
ment of y* part of the said Province of New-Hampshire, so 
limited and bounded as afores'^, hath not yet bin granted unto 
any person or persons whatsoever, but y* same still remains 
under Our immediate care and protection : To the end, there- 
fore, y* Our loving subjects, ye planters Inhabitants within y® 
limits aforesaid, may be protected and defended in their respec- 
tive riglits, liberties and properties, and y* due and impartiall 
justice may be duly administered in all cases, civill and criminall 

* This Commission passed the Great Seal, September 18, 1679, but did 
not go into effect until the next year. The MS. volume from which it is 
transcribed is in the office of the Secretary of State. — Ed. 



374 PROVINCE PAPERS. [1680. 

and y' all possible care may be taken for y* quiet and orderly 
government of y^ same, now Know y*, that We, by and with 
y^ advice of our Privy Council, have thought fit to erect, and 
by these presents for us, o"" heirs and successors, do erect, con- 
stitute & appoint a President and Council to take cai^e of y" said 
Tract of laud called The Province of New-Hampshii-e, and of 
the Planters and Inhabitants thereof, and to order, rule and 
govern y" same according to such methods and regulations as 
are herein after pi'ovisied and declared. And for y'^ better 
execution of Our Royall pleasure in this behalf, We do hereby 
nominate and appoint Our trusty and well beloved subject, 
John Cutt, of Portsmouth, Esq., to be y^ first President of y'= 
said Councell, and to continue in y* said office for the space of 
one whole year next ensueing y*' date of these presents, and so 
long after, untill We, Our heirs or successors, shall nominate 
and appoint some other person to succeed him in y*^ same. 
And we likewise nominate and appoint Our trusty and well 
beloved subject, Eich : Martin, Esq""., William Vaughan, Esq''., 
and Tho. Daniel, E^q^, all of Portsmouth, aforesaid; John Gil- 
man, of Exeter, afors'^, Esqr., Christopher Hussey, of Hamp- 
ton, afrs'^, Esq^, and Eich : Walden,* of Dovei', afores*^, Esq^, to 

* The President, John Cutt, was a principal merchant, of great probity 
and esteem in Portsmouth ; but then aged and infirm. 

Richard Martyn was of good character and great influence. He had 
been very active in procuring the settlement of a minister in the town of 
Portsmouth. 

William Vaughan was a wealthy merchant, generous and public spirit- 
ed, and of undaunted resolution. He was of Welsh extraction, but was 
bred in London under Sir Josiah Child, who had a great regard for him 
and whose interest he made use of for the good of the province. 

Thomas Daniel was a person of such note and importance, that when he 
died, in a time of general sickness and mortality, Mr. Moody preached his 
funeral sermon from 2 Sam. 2 : 30. " There lacked of David's servants 
nineteen men and Asahel." Fitch's Mss. 

John Oilman was a principal man in Exeter, as was Christo})her Hussey 
in Hampton. [Christopher Hussey was born in Darking, in Surry, came 
to New-England as early as 1634, in which year he was admitted a free- 
man by the Massachusetts Colony. He settled at Hampton in 1638, and 
represented that town in the General Court in 1658, 1659 and 1660. In 
1685 he was cast away and lost on the coast of Florida. He had three 



1680.] COMMISSION OF JOHN CUTT. 375 

be of tlie Counccll within y** said Province of Ncw-IIampshirc : 
And we do hereby authorize and appoint the said President 
and Councell to nominate and make choice of three other per- 
sons out of y° severall parts of the said Province whom they 
shall judj to be most fitly qualified to be of y" said Councell, 
and to swear them into y*^ same. And y* the said Jo : Cutts, 
and ever}- succeeding President of y" said Councell, shall nom- 
inate and appoint any one of the members of the said Councell 
for y* time being to be his deputy, and to preside in his ab- 
sence. 

And y' the said President, or his deputy, and any five of 
the said Councell, shall be a f|iu)rum. And our express will 
and pleasure is that no 2)erson shall be admitted to sit or have 
a vote in the said Councell, until he have taken y*' oath of 
allegance and supremacy, and y" oath hei-ein after mentioned, 
for y* one and impartiall execution of justice, and y^ faithfull 
discharge of y'' trust in them reposed. Which oaths we do 
hereby authorize and direct y*" said Ric. Martin, W: Vaughan, 
T: Daniel, Jo: Gilman, Christ: Hussey, E: Waldron, or any 
three of them first, to administer to y^ said Jo : Cutt, y^ present 
President, and y^ said Jo : Cutt having taken y" said oaths, we 
do will, authorize and require him, y^ said Pres., for y^ time 
being, to administer y^ same from time to time to all and 
every other the members of y** said Councell. And we do 
hereby will, require and comand y^ said Jo : Cutts K : M : and 
every of them, to whom this our pleasure shall be made known, 
that, all excuses whatsoever set aside, y* they fiiil not to assem- 
ble and meet together aty"' s*^ town of Portsmouth in y*" Prov. 
of New Hampsh. afors*^ within y** space of 20 days next after y* 
arrival of this Commi.ssion at Portsm. aforesaid, and there to 
cause this Our Commission, or Letters pattents, to be read 

sons, Stephen, born in 1G30, who died in Nantucket in 17] 8, aged 88 ; 
John, who removed to New-Castle, in Delaware, and Joseph, who remained 
in Hampton, and was the representative in 1672.] 

Richard Wakb-on was a native of Somersetshire, and one of the first 
settlers in Dover. He was much respected and eminently useful, having 
sustained divers important offices, civil and military, and approved his 
courage and fidelity in the most hazardous enterprises. Farm. Belk., p. 90. 

[For fuller notices of President Cutt and the above named Councilors, 
see Coll. N. H. Uist. Soc, 8, pp. 3U5-340.] Ed. 



376 PEOVINCE PAPERS. [1680. 

before them, or as many of them as shall be there assembled, 
and having first duly taken the said oaths, to proceed to 
choose, nominate and appoint such officers and serv'* as they 
shall think fit and necessarj' for their service. And also to 
appoint such other time and place for their future meetings as 
they or y^ major part of them (whereof y* Pres: or his deputy 
to be one) shall think fit and agree. And Our Will and pleas- 
ure is, that Our said Councell shall from time to time have 
and use such Seal only for y* sealing of their acts, orders and 
proceedings as shall be sent unto them by us, our heirs or 
successors, for y* purpose. And we do by these p'"ts, for us, 
our heirs and successors, constitute, establish, declare and 
appoint our said Pres. and Councell, and y® Pres : and Councell 
and their successors for y^ time being, to be a constant and 
setled Court of record, for y^ administration of justice to all our 
subjects inhabiting within y« limits aforesaid, in all cases, as well 
criminall as civill, and y* y* Pres : and any 5 of the Councell 
for y* time being, shall have full power and authority to hold 
plea in all causes from time to time, as well in pleas of y' 
Crown as in matf^ relating to y* conservation of y* peace, 
and in punishment of offenders, as in civill suits and actions 
between parties and parties, or between us and any of our 
subjects there; whether y® same do concern y* realty, and 
relate to a right of freehold and inheritance, or whether y* 
same do concern y* personality, and relate to some matter of 
debt, contract, damage, or other personal injury, and also in 
all mixt actions w*^*" may concern both realty and person, and 
therein, after due and orderly proceeding and deliberate hearing 
on ea. sides, to give judgm*, to award execution, as well criminall 
as in civill cases as aforesaid : so always y*y® forms of pi-oceed- 
ing in such cases and y* judgment thereujDon to be given, be 
as consonant and agreeable to y® Laws and Statutes of this 
Our Eealm of Eng*^, as y* p'"ent state and condition of our 
subjects inhabiting within y® limits aforesaid, and y* circum- 
stances of y^ place will admit. And y® Pres: and Councell for 
y* time being, and every of them respectively, before they be 
admitted to their severall and respective offices and charges, 
shall also take this Oath folio wine: : 



1680.] COMMISSION OF JOHN CUTT. 377 

You shall swear well and truly to administer justice to 
all his IMa*'" subjects inhabiting within y" Province of New 
Hampsh. under this Government : and also duly and faithfully 
to discharge and execute the Trust in you reposed, according 
to the best of j^our knowledj. You shall spare no person for 
favour or affection, nor any person grieve for hatred or ill will. 
So help you God. 

Notwithstanding it is Our will and pleasure, and so we do 
hereby expressly declare, y* it shall and may be lawfull from 
time to time to and for all and every person and persons, who 
shall think himself or themselves aggrieved by any sentence, 
judgm' or decree pronounced, given or made (as afors*) in, 
about or concerning y' title of any land, or other reall estate, 
or in any personall Action, or suit above the value of 501 and 
not under, to appeal from such Judgm', Sentence and Decree 
unto us. Our heirs and successors, and our and their Privie 
Councell. But with and under this caution and limitation: 
That y* Appellant shall first enter into and give good security 
to pay full costs, in case no relief shall be obtained upon such 
decree. And our further will and pleasure is, and so do we 
hereby declare; That in all criminall cases, where y* punishm' 
to be inflicted on y*" offenders shall extend to loss of life or 
limb (y^ case of willfull murder excepted) y^ psn. convicted 
shall either be sent over into this Our Kingdom of Eng** with 
a true state of his case and conviction ; or execution shall be 
respited untill y*^ case shall be here presented unto us, our 
heirs and successors, in Our and their Privie Councell, and 
orders sent and returned therein. And for y* better defence 
and security of all our loving subjects within y* Province 
of New Ilampshr, and y" bounds and limits aforesaid, our 
further will and pleasure is, and hereby we do authorize, 
require and command y^ said Pres : and Councell for y* time 
being, in our name and under the seal by us appointed to bo 
used, to issue, seal and give commissions from time to time 
to such person and persons, whom they shall judg shall be best 
qualified for regulating and discipline of y" militia of Our said 
Province ; and for y* arrajnng and mustering y* Inhabitants 
thereof, and instructing them how to bear and use their arms, 
and that care be taken that such good discipline shall bo 



378 PROVINCE PAPERS. [1680. 

observed, as by y* said Council shall be p'cribed ; y' if any 
invasion shall at any time be made, or other destruction, 
detriment, or anoyance made or done by Indians, or others 
upon or unto our good subjects inhabiting within y^ said Prov. 
of New Hamp. We do by these p'''^sents for us, our heirs and 
successors declare, ordain and grant, that it shall and may be 
lawful! to and for our said subjects so comissioned by our said 
Council from time to time, and at all times for their special 
defense and safety to encounter, expell, repell and resist by 
force of arms, and all other fitting means whatever, all and 
every such person and persons as shall at any time hereafter 
attempt or enterprise y® destruction, invasion, detriment, or 
anoyance of any of our said loving subjects, or their planta- 
tions or estates. And above all things. We do by these p'^sents 
will, require and comand our said Councell to take all possible 
care for y'' discountenancing of vice and encouraging of virtue 
and good living; and that by such examples y* infidel may be 
invited and desire to partake of y** Christian Religion, and for 
y« greater ease and satisfaction of y** s*^ loving subjects in mat- 
ters of religion, We do herebj^ require and comand y' liberty 
of conscience shall be allowed unto all protestants ; y' such 
especially as shall be conformable to y^ rites of y^ Church of 
Eng'' shall be particularly countenanced and encouraged. And 
further, We do by these p''sents, for us, our heirs and successors 
give and grant unto y" said Councell and their successors for 
y'' time being, full and free liberty, powerj and authority to 
hear and Determine all emergencies relating to the care and 
good Government of our subiects Avithin y^ s*^ Prov : and also 
to sumon and convene any person or persons before them, 
and punish contempts; and cause y^ Oath of allegiance to be 
administered to all and every person who shall be admitted 
to any office, freedom, preferments, and likewise with what 
convenient speed thej' can, to cause proclamation to issue out 
and be made in our name to y*^ Inhabitants of y* said Prov. of 
N. Hamp : thereby signifying that we have taken them into 
our imediate Governm' and gracious protection, and letting 
them further know that We have written to y^ Governour and 
Councell of the Massachusetts Bay, to recall all such commis- 
sions as they have granted for exercising any jurisdiction in 



1680.] COMMISSION OF JOHN CtJTT. 379 

y* parts aforesaid. And that we have inhibited and restrained 
them for y" future from exercisinu; any further authority or 
jurisdiction over them. And further, y' y*^ s*^ Inhabitants 
within y« said Prov. of N. Ilamp'. and limits aforesaid, do and 
shall from henceforth repair for justice and redress unto them 
y* said Pros, and Councell, whom we have constituted and 
appointed to be a standing- Court for administration of justice 
a.s aforesaid, and intrusted them Avith y*^ care of their quiet 
and orderly Government, and therefore requiring that they 
give obedience unto them: And our will and pleasure is, that 
these, with such other gcnerall intimations shall bo given unto 
y® people as by y" said Pres. and Councell shall be thought 
necessary. And for supporting the charges of the Govern- 
ment of said Prov. of N. Ilamp, Our will and pleasure is, 
we do by these p'^ authorize and require the said Pres. and 
Councell to continue such taxes and impositions as have bin 
and are now laid and imposed upon the Inhabitants thereof: 
and y* they levy and distribute, or cause the same to be levyed 
and distributed to those ends, in the best and most equall 
manner they can, untill a generall assembly of y® s*^ Prov. shall 
be called, and other method for y' purpose agreed upon. To 
which our will and pleasui'e is, and we do by these p""'* author- 
ize, require and comand y" said Pres. and Councell that they 
within 3 months after they have bin sworn (as aforesaid) they 
shall issue forth sumons under y* seal by us appointed to be 
used, y" return of writs for y" calling a Generall Assembly of 
the said Prov., using and observing there such rules and 
methods (as to the persons who are to chuse their Deputies and 
y'^ time and place of meeting) as they shall judge most conve- 
nient. At y'= meeting of which Gen. Assembly wo do hereby 
will, authorize and require y* Pres. of y^ said Councell to mind 
them in y"^ generell, what is to be intimated in y* proclamation 
aforesaid. 

That he recomend them y" making of such Acts, Laws, and 
Ordinances, as may most tend to y^ estabhshing them in 
obedience to our authority; their own p^servation in peace 
and good Governm*, and defend against their enemies, and 
that they do consider of the fittest ways for raising of taxes, 
and in such proportion as may bo fit for y" support of y* s^ 



380 PROVINCE PAPERS. [1680. 

Governm*. And our will and pleasure is, and we do hereby 
declare, ordain, and grant, that all and every such Acts, Laws 
and ordinances, as shall from time to time be made in and by 
such general Assembly or Assemblies, shall be first appi'oved 
and allowed by the Pres. and Councell for the time being, and, 
thereupon shall stand and be in force untill y" pleasure of us, 
our heirs and successors, shall be known, whether y* same 
Laws and ordinances shall receive any change or confirmation 
or be totally disallowed and discharged. 

And therefore, our will and pleasure is, that y® Pres. and 
Counceil do, and shall from time to time transmit and send over 
unto us, our heirs and successors, and our and their Privie 
Councell for the time being, all and every such Acts, Laws and 
Ordinances, by the first ship y' shall depart thence for Bng*^, 
after their making. Also, our will and pleasure is, and ^Ye do 
hereby direct and appoint, that if y^ said Pres. of y® Councell, 
Bhall happen to dye, that thei-e from and after y^ Death of y* 
said Pres., his Deputy shall succeed him in y^ office of Pres., 
and shall, and may nominate and choose any one of y® said 
Councell to be his deputy, to preside in his absence ; and y* 
said deputy so succeeding shall continue in y® said office of 
Pres. untill our further will and pleasure be known therein, 
and We shall think fit to nominate and appoint some other to 
succeed therein. And if any of y* members of y* said Councell 
shall happen to die, our will and pleasure is, and We do hereby 
direct and appoint y* remainder of y® Councell to select some 
other person to be a member of y^ said Councell for the time 
being, and to send over the name of such person so chosen, 
and the name of two more whom they shall judg fitly qualified 
for that s** appointment, that we our heirs and successors, may 
nominate and appoint which of the three shall be y** member 
in y* place of such member so dying. And we do hereby 
declare, that We, our heirs and successors, shall and will ob- 
serve and continue this method of grace and favor toward our 
loving subjects, in convening them in their Assembly, in such 
manner and form as is herein before mentioned and provided, 
unless, by inconvenience arising from thence, We, our heirs or 
successors, shall see cause to alter y* same. 



1680.] COMMISSION OF JOHN CUTT. 381 

And whereas y" said province of new hampshh'e, have many 
of them bin long in possession of severall quantities of hinds, 
and are said to have made considerable improvements tlieire 
upon, having noe other title for y« same than what hath bin 
derived from y® Government of the mattihusetts Bay, in 
vertne of theire Imaginary line, w'^'^ titell as it hath by y*' 
opinion of our Judges in England, bin altogether set aside, soo 
y* Agents from y* saide Colony have consequently disowned 
any righte, either in the people or government thereof, from 
the three mile line aforesaid ; and it appearing unto us that y* 
ancestors of Robert Mason, esquire, obtained grants from our 
greate Councill of Plimoth, for y^ tract of Land aforesaid, and 
wheare at very greate expence upon y* same, until molested 
and finally driven oute, which hath occasioned a lasting com- 
plainte for Justice, by y^ said Robert Mason, ever since our 
restoration ; how ever, to prevent in this case any unreasona- 
ble demands w'^'^ might be made by the said Eobert Mason, for 
y* right he claimeth in y' saide soyle, we have obliged y* said 
Eobert Mason, under his hand and seal, to declare that he will 
demand nothing for y'^ time paste, untill the 12th of June last 
past, nor molest any in the possession for y^ time to come, but 
will make out titles to them and theire ayres forever, provided 
they will j)ay to him upon a fair agreement, in Lieu of all 
other Rents, six pence in y^ j)Ound, according to y^ Juste and 
trew yearly value of all houses builte by them, and of all 
lands, whether gardens, orchards, arribell or pasture, w'^'^ 
have been Improved by them, which he will agree shall 
be bounded out unto every of y^ partyes concerned, and that 
y* residue maye remaine unto himself to be disposed of for 
his best advantage. But notwithstanding this overture from 
y* said Eobert Mason, w*^*^ scmeth to be faire unto us, [if] any 
of y® Inhabitants of y® saide province of New Hampshire shall 
refuse to agree with y" Agent of y" said Robert Mason, upon 
y* terms aforesaid, our will and pleasure is y* y'' president and 
Councell of new hampshire aforesaide, for y' time being, shall 
have power and are hereby impowered to Interfere and recon- 
sile all Differences if they can. That shall or maye arise be- 
tween said Robert Mason and y° said Inhabitants; but if they 
cannot, then we do hereby commando and require the said 



382 PROVINCE PAPERS. [1680. 

president and Councill to send into England sucli coppies, 
fairly and Imparsially stated, together w"" their one opinions 
upon such cases, that wo, our ayres and successors, with y® 
advice of our and their Councill may determine therein accord- 
ing to equity ; and lastly, our will and pleasure is, that the 
said president and Councill for y* time being, doe prepare and 
send to England, such rules and methods for their own pro- 
ceedings, as may best suite with the constitution of the saide 
prov. of New Hampshire. 

For y^ better establishing our authority theire and the gov- 
ernment thereof, that we and our privie Councill may examine 
and alter or approve the same, in witness whereof, we have 
caysed these our letters to be made patent. 

Witness our self, at Westminster, the 18th of September, In 
the one and thirtieth year of our Reigne. 

Per ipsum Reqem, Barker. 



Province Laws. 

[Coun. and Assem. Kec] 

The General! Lawes and Liberties of the Province of -New 
Hampshire, made by the G-enerall Assembly in Portsm'' the 
16*^ of March, 16|^ and aproved by the Presid' and Councill. 

For as much as it hath pleased our Sovereigne Lord the 
King, out of his Princely Gi'ace and favour, to take vs, the 
Inhabitants of New Hampshire, into his imediate Governm* 
and Protection, the w*^**, as we are ever bound to acknowledge 
w* great thankfulnesse, soe we have great reason to hope and 
believe y* his Majesty will still continue to coutitenance and 
incourage vs with y'' Injoym* of such Libertyes, Imunities and 
ppties as belong to free borne Englishmen, and whereas his 
Majesty hath been pleased by his Letters Pattents, sent to vs, 
to confer such power upon y^ Generall Assembly as to make 
such Lawes and ordinances as may best sute w'** y* good 
Governm* and quiet settlem' of his Majesties subjects within 
this Province : 

It is therefore ordered and inacted by this Generall Assem- 
bly and the authority thereof, that no Act, Imposition, Law or 



1680.] PROVINCE LAWS. 383 

Ordinance be made oi* imposed upon us but such as shall be 
made by the said Assembly and approved by the Presid' and 
Councill from time to time. That Justice and Right be equally 
and impshally administered vnto all : not sold, denied or 
causelessly deferred unto any. lien. 3, 29 Stat.; 2 Edw. 3, 
8 Stat.; 5 Edw. 3, 9 Stat.; U Edw. 28; Edw. 3, 3 Stat.; 11 
R 2, 10, 17 ; Caro. 1, 10. 



Cappitall Laws. 

IDOLLITRY. 

1. It is Inacted by y* Assembly and y* authority thereof, y* if 
any pson having had the knowledge of the true God, openly 
and manifestly have or worship any other God but the Lord 
God, he shall be put to death. Ex. 22 : 20 ; Deu. 13 : 6 and 10. 

BLASPHEMY. 

2. If any pson w'^'in y* Province professing y* true God shall 
wittingly and willingly presume to blaspheme the wholly name 
of God, Father, Son or Holy Ghost, w"" direct, express, pre- 
sumptions or high-handed blasphemy, either by willful or obsti- 
nate denying y^ true God or his creation or Governm' of y® 
world, or shall curse God, Father, Son, or Holy Ghost, such 
pson shall bo put to death. Levit. 24 : 15 and 10, 

TREASON. 

3. Treason against y'^ pson of our Souereigne, y'' King, the 
State, and Comon Wealth of England, shall be punished w"" 
death. 

PUBLIQUE REBELLION. 

4. If any man conspire and attempt any Invasion or insurrec- 
tion or Publique Rebellion against this his Majesties Province, 
or shall endeavor to sui-prise any towne or towncs, fort or 
forts therein, or shall treacherously or pfidiously attempt the 
alteration and subversion of the fundamental frame of y'' 
Government, according to his Majesties constitution by his 
Letters Pattents, every such pson shall be put to death, or 
otherwise greveously punished. 



384 PROVINCE PAPERS. ' [1680. 

WILFUL MURTHER. 
6. If any pson shall comitt wilfull murther by killing any 
man, woe : or child, upon premeditated malice, hatered or 
cruelty, not in a way of necessary and just defence, nor by 
casualty against his will, he shall be put to death. 

6. If any pson slayeth another pson sudenly, in his anger 
and cruelty of passion, he shall be put to death. 

7. If any pson shall slay another through guile, either by 
poysoning or other such devilish practice, he shall be put to 
death. 

WITCHCRAFT. 

8. If any Christian, soe called, be a witch, y* is, hath or con- 
sulted w'^ a familliar spirit, he or they shall be put to death. 

BEASTIALITY. 

9. If any man lie w* a beast or bruite creature by carnall 
coj)ulation, they shall surely be put to death, and y* beast shall 
be slaine and buried, and not eaten. 

BUGGERY. 

10. If any man lieth with mankind as he lieth w^'^a woman, 
both of them hath committed abomination; they shall be 
surely put to death, unless the one pty were forced or be vnder 
14 years of age ; and all other Sodomitical filthiness shall be 
sevearly punished according to the nature of it. 

PALSE WITNESS. 

11. And if any pson rise up by false witness, and of purpose 
to take away a man's life, he shall be put to death. 

MAN STEALING. 

12. If any man stealeth mankind, he shall be put to death or 
otherwise grieviously punished. 

CURSING PARENTS. 

13. If any child or children above 16 years old, of competent 
understanding, shall curse or smite their natural father or 
mother, he or they shall be put to death, unless it can be suf- 
ficiently testified that the parents have been very unchristian ly 
negligent of y^ education of such children, or soe provoked 
them by extreme cruell correction y* they have been forced 
thereunto to preserve themselves from death or maiming. 



1680.] PROVINCE LAWS. 385 

A REBELLIOUS SON. 

14. If any man have a rebellious or stubborne son of suffi- 
cient 3'cars and vnderstanding, viz. 10 years of age or upwards, 
wch shall not obey y' voyce of his father or y" voyce of his 
mother, y' when they have chastened him will not hearken 
vnto them, then shall his father and mother, being his naturall 
parents, bring him before the IMajestrates assembled in court, 
and testifie vnto them that theire son is rebellcous and stub- 
borne, and wU not obey theire voyce and chastizem' but lives 
in sundry notorious crimes, such son shall be put to death, or 
otherwise severely punished. 

RAPE. 

15. If any man shall ravish a maid or woeman by commit- 
ting carnal copulation w*'' her, that is above 10 years of age, or 
if she were vnd' 10 years of age, though her will was gained 
by him, he shall be punished w"' death, or some other greivous 
punishm' as the fact may be circumstanced. 

WILFUL BURNING. 

16. Whosoever shall wilfully or on purpose burn any house, 
ship, or barque, or any other vessell of considerable vallue, 
such pson shall be puf to death, or otherwise greviously pun- 
ished, as y^ case may be circumstanced. 



Criminall Laws. 

1. It is orderdd by the Assembly and the authority thereof 
that w' pson soever is to answer any criminal ofence, whether 
they be in prison or under baile, his case shall be heard and 
determined at the court y' hath cognizance thereof. 

ADULTERY. 

2. It is Inacted by this Assembly that whosoever shal comitt 
Adultery av"' a married woe: or one betrothed to another 
man, both of them shall be sovearly punished by whiping two 
severall times, not exceeding 40 lashes, viz'., once when y' 
Court is sitting at wch they were convicted of the fiict, and 
y* 2"* time as the court shall order, and likewise shall ware 2 
cappitall letters A. D. cut out in cloth and sowed on theire 

25 



386 PROVINCE PAPERS. [1680. 

upermost garm** on theire arms or back, and if at any time 
they shall be found w^out the said letters so woren whilst in 
this Governm', to be forthw*'' taken and publiquely whiped, 
and so from time to time as often they are found not to weare 
them, 

FORNICATION. 

3. It is ordered by this Assembly and the authority thereof 
that if any man comit Fornication with any single woe: they 
shall be punished, either by injoyning marriage, or fine or cor- 
porall punishm*, or all or any of these, as y* judges of y^ court 
y' hath cognizance of y^ case shall appoint, and if any comitt 
carnall copulation after contract before marriage, they shall be 
amerced each of them 505. and be imprisoned, if the court see 
reason ; and if any cannot and will not pay y^ fine, then to be 
punished by whiping. And for y* more discountenancing this 
prevailing evill, the Assembly hath further determined y' such 
as transgress in any of these wayes, and shall be convicted in 
publique court, theire fines shall be paid in money. 

BURGLARY. 
. 4. For as much as many psons of late years have been and 
are apt to be injurious to the Lives and Goods of others, not- 
withstanding all Laws and means to prevent the same, it is 
therefore ordered by this Assembly andy® authority thereof y* 
if any pson shall comitt Burglary by breaking vp any dwelling 
house or ware house, or shall forceably robb any pson in y* 
field or high wayes, such offenders shall for the first offence be 
branded on the right hand w"" y^ letter B; and if he shall 
ofi'end in the like kind a 2"^ time he shall be branded on the 
other and be sevearly whiped, and if either were comitted on 
y* Lord's day his brand shall be sett on his forehead, and if he 
shall fall into the like offence the 3'''^ time he shall be put to 
death as being incoragable, or otherwise greviously punished, 
as y* court shall determine. 

FELLONY. 

5. And whosoever shall steale or attempt to steale any ship, 
barque or vessell of burden, or any publique amunition, shall 
be sevearly punished according to the nature of such a fact, 
provided it extends not to Life or Limb. 

6. That if any strangers or inhabitants of this Province shall 



1680.] PROVINCE LAWS. 387 

be legally convicted of stealing or pui'loyning any horses, 
chattels, moncj^, or other goods of an}'' kind, he shall be pun- 
ished b}^ restoring 3 fold to the j^tie wronged, and a fine or 
corporall punishm', as the court or 3 of the Councell shall 
determine. Provided that such sentance, where not given by 
y® court, it shall be at the liberty of y" delinquent to appeale 
to y* next court, putting in due caution there to appearo and 
abide a Tryall. 

council's power in criminals. 

7. That an}' one of y'^ Councill may heare and determine 
such smaller thefts and pilferings as exceeds not y" damage or 
fine of iOs., or penalty of stocking or whiping not exceeding 
10 strypes, or only legall admonition, as he shall see cause, 
saveing liberty of appeale to the delinquent as afores*. 

SWEARING. 

8. It is ordered by this Assembly and the authority thereof 
y* if any pson w*'*in this province shall sweare rashly or vainly 
by the holy name of God, or other oathes, he shall forfeit to 
the common Treasury for every such offence IO5., and it shall 
be in the power of any member of the Councill by warrant to 
y* Constable to call such pson before him, and vpon suffissient 
profe, to sentence such offenders and to give orders to levy y' 
fine ; if such pson be not able or shall refuse the said fine, he 
shall be comitted to the stocks, there to continue for a time 
not exceeding 3 hours, nor less than 1 houre; and if any 
pson shall sweare more oathes than one at a time before they 
remove out of the roome or company where hee soe sweared, 
he shall then pay 20s.; the like penalty shall be inflicted for 
profane and wicked cursings of any pson or creature, and for 
multiplying the same as it is appoynted for profaine swearing; 
and in case any pson so offending by multiplying oathes or 
curses shall not pay his or theire fine forthwith, they shall be 
whipped or comitted to prison till they shall pay the same, at 
the discresion of y* Court or Judges that shall have cognisence 
thereof 

PROFANING THE LORD's DAY. 

9. Upon information of sundry abuses and misdemeanors com- 
itted by divers persons on y" Lord's Day, It is therefore ordered 



388 PROVINCE PAPERS. [1680. 

and inacted by this Generall Assembly, That w* pson soever 
w^'^in this Govern m' shall pfane y^ Lord's Day, by doeing un- 
nessary servell works or travell, or by sports or recreations, 
or by being at ordinai-ys in time of publique worship, such 
pson or psons shall forfeite 10s., or be whipt for every such 
offence, and if it appeares y' y* sin was proudly or presump- 
tiously, and w"' a high hand, comitted against the known 
comand and authority of y^ Blessed God, such person therein 
dispising and reproaching y'= Lord, shall be sevearly punished, 
at y* Judgm' of y' Court. 

CONTEMPT OF GOD'S WORD, OR MINISTERS. 

10. It is inacted &c., for as much asy^ open contempt of God's 
word and y* messengers thereof, is y' desolating sin of sevell 
States and Churchs, It is therefore enacted, that if any Chris- 
tian, so called, in this Province, shall speak contempteously of 
the Holy Scriptures, or of y* holy penmen thereof, such pson 
or psons shall be punished by fine or corporall punishm', as y* 
Court shall see reason, so as it extend not to life or limbe, or 
shall behave himself contempteously toward the Word of God 
preached, or any minister thereof called and faithfully dispen- 
sing y* same in any congregation, either by manifest interrupt- 
ino- him in his ministerial! dispensations, or falsely or prmtorily 
charging him with teaching eiTor, to y* disparagm* and hinder- 
ance of y* work of Christ in his hands ; or manifestly or con- 
tempteously reproach y* wayes, churches or ordinances of 
Chriat, being duely convicted thereof, he or they, for the first 
transo-ression, be amerced 205. to the province use, or to sett 
in y* stocks not exceeding 4 hours ; but if he or they go on 
to ti-ansgress in y* same kind, then to be amerced 40s., or to 
be whiped for every such trancegression. 

FORCIBLE DETAINING POSSESSION. 

11. It is ordered &c., y* where a judgement is given in any 
Court, for any pson, or house, or lands, upon y^ tryal of the title 
thereof, or other just cause, if the pson against whome y^ Judgm* 
is given doth either forceably detaine possession thereof, either 
ao-ainst the officer impowered to serve an execution thereon, 
or otherwise after execution served, enter upon it again, and 
soe retain possession by force, he shall be accounted a high 
offend' against y* Law, and breaker of the publique peace; 



1680.] PROVINCE LAWS. 389 

therefore, speedily to redress such a criminall offence, every of 
the Councill is impowercd, and by his phxce hath power to give 
warrant and comand to ye Marshall, officer and other men 
whome he thinks meet to be imployed in the case or business, 
the Marshall or other officers requiring aid greater or lesser 
as need require to suppress y" force and give possession to y* 
owner, and to imprission such as doe appear to be delinquents 
and their aiders and abettors, to be forth coming at ye next 
Court, y' did give y" Judgni* in the case, there to make their 
answer, and whom the Court doth find guilty, to sett such fine 
or other punishm' upon them, as the merrit of their severall 
cases doth require. 

CONSPIRICIE AGAINST THIS PROVINCE, ETC. 

12. It is ordered &c., That whosoever shall disturb or under- 
mine the peace of this Province or Inhabitants thereof, by 
plotting w"" others, or by his own tumultuous and oft'enceive 
carrage, traducing, quarreling, challinging, or assaulting, or 
any other way tending to publique disturbance, in w' place 
soever it be done, or shall deftime any Court of Justice, or any 
of his Majesties Councill, or Judges of any Court in this Prov- 
ince, in respect of any act or sentence therein passed, every 
such offender upon due proof made shall be by y* Councill pun- 
ished by fine, imprison m*, binding to y* peace or good be- 
haviour, according to the quality and measure of the offence 
or disturbance to them, seeming just and eaquall. 

And that such as beate, hurt or strike any other person, 
shall be l3^able to pay unto y*" ptie hurt or stricken, together 
w*** such fine to the Province, as, on consideration of the ptie 
smiting or being smitt, and w"" w* instrument, danger more or 
less, time, place, pvocation, &c., shall be judged just and rea- 
sonable, according to the nature of the offence. 

FORGERY OF DEEDS. 

13, It is ordered, &c., y' if any pson shall forge any deed or 
eonveiance, testim', bond, bill, release, acquittances, letters of 
attourney, or any writing, to the injury of another, to prevent 
equity and justice, he shall pay y* ptie agreived double dam- 
age, and be fined soe much himself, to y" Province's vse, and if 
he cannot pay it, to be publiquely whiped and be branded with 
a Roman F in y* forehead. 



390 PROVINCE PAPERS. [1680. 

DEFACING RECORDS. 

14. Be it also enacted, y* if any notary, or keeper of publique 
records or writings, shall wilfully imbazle or make away any 
such records or writings of concernm* comitted to his keeping 
and trust, or shall on jjpose falsefie or deface them by raceing 
out, adding to them, or otherwise, such coi*rupt officer shall 
loose his office, be disfranceized and burned in the face, accord- 
ing to y* circumstances of the case. 

NONE TO ENDEAVOR TO CORRUPT YE OFFICERS. 

15. And if any person shall endeavour to corrupt any officer 
y' keepeth such publique records or pap^ of concernm*, to pro- 
cure him to deface, corrupt, alter, imbazle any of them, he shall 
be sevearly punished by fine, imprisonm* or corporall punishm*, 
as y* matter may be circumstanced. 

LYING. 

16. It is inacted by this Assembly, &c.. That w* pson soever, 
being 16 yearea of age, or upward, shall wittingly or willingly 
make or publish any lie wch may be tending to y® damage or 
hurt of any pticular pson, or w"' intent to deceive and abuse 
the people with false news or reports, shall be fined for every 
such defalt 10s., and if y" ptie cannot or will not pay y^ fine, 
then he shall sit in y'^ stocks as long as the Court shall think 
raeete ; and if the oftenders shall come to any one of Councill 
and own his ofi'ence, it shall be in the power of any one of y* 
Councill afore^*^ to execute ye law upon him where he liveth, 
and spare his appearance at y'' Court, but in case when y^ lie ia 
greatly prnitious to y^ comon weale, it shall be more sevearly 
punished according to the nature of it. 

BURNING FENCES. 

17. It is inacted by this Assembly, &c., That if any pson shall 
willfully, and of sett purpose, burn any man's fence, he shall 
make good the damage to the ptie wronged, and be amerced 
40^. and be bound to the good behavior, if the Court so meete. 

BREAKING DOWN FENCES. 

18. It is further ordered, That if any pson shall wilfully and 
on purpose brake down an other man's fence, gate or bridge, to 
y* anoyance either of a pticular person or a neighborhood, he 



1680.] PROVINCE LAWS. 391 

shall make up such fence, gate or bridge, at his own charge, 
pay y" damage thereby sustained, and be amersed according 
to the nature of the offence, sauing the right of him y' pulls up 
a fence sett on his land wi"' out his approbation. 

DEFACING LANPMARKS. 

19. And whosoever shall willfully pluck up, remove or de- 
face any Landmark or bound bctwcene ptie and ptie, y' hath 
been or shall be orderly set up by psons thereunto appointed, 
he or they shall be fined from 20s. to 5 pounds, as the offence 
may be circumstanced. 

UNLAWFUL GAMING IN PUBLIQUE HOUSES. 

20. Be it inacted by this Assembly, &c.. That noe Inn- 
boulder or publique house keeper shall suffer any unlawful! 
games, nor any kind of gaming, in or about his house, for 
money or moneys worth liquors, wine, beer or the like, on 
forfeit of 40s., to be paid by the master or keeper of such house, 
and 10s. by each gamester for every such default. 

LOTTERY. 

21. Be it further inacted, y' no pson in this Province shall 
play at cards, dice, or any such unlawful games wherein there is 
Lottery, at any private house or elsewhere in the Province, on 
penalty of 10s. fine, to be paid by evry one y' soe playeth, and 
20s. by the master or head of a family y* shall know of and 
suffer any such gameing where he hath to comand. 

DRUNKENNESS. 

22. For as much as it is observed y* y® sin of drunkenness 
doth greatly abound, to the dishonor of God, impoverishing of 
such as fall into it, and grief of such as are sober minded, for y^ 
prevention of y** growing and prevailing evill, It is inacted by 
this Assembly, and y® authority thereof, y* w'soever pson shall 
be found drunk at any time in any Taverne, ordinary, alehouse, 
or elsewhere in this Province, and be legally convicted thereof, 
he or they shall for y* first defalt be fined 5s. to y* use of the 
Province — for the 2d defalt 10s.; and if he or they will not or 
can not pay y' fine, then to be sett in y" Stocks not exceeding 
2 houres, and for the 3^ transgression to be bound to y" good 
behavior; and if he shall transgress a 4"' time, to pay 5 pounds 



392 PROVINCE PAPERS. [1680. 

or be publickly whipt, and so from time to time as often as 
they shall be found trancegressors in that kind. By drunkenness 
is to be understood one y' lisps or falters in his speach by 
reason of over much drink, or y' staggers in his going, or y* 
vomits by reason of excessive drinking, or that cannot by rea- 
son thereof follow his calling, 

FIREING AVOODS. 

23. "Whereas many have sustained great damage by indis- 
creet and untimely fireing of the woods, It is ordered, that none 
shall fire y* woods at any time but between y' 1^* of March and 
y* latter end of April -, and if any shall unnessesarily fire the 
woods, or not observe this order, damnific any, he shall make 
good the damage and be fined 10s., or sett in the Stocks. 

councill's power in criminals. 

24. It is hereby inacted, y' it shall be in y* power of any 
member of the Councill to hear and determine all criminall cases 
where the fine doth not exceed 40s., or y* punishm' 10 stripes 
or committing to stocks, always allowing liberty to the delin- 
quent of appeale to y® next Court for tryalls of actions w*''in 
ye Province ; and further, in cases doubtful or difficult, it shall 
be in y* power of y* Judge before whom y^ pson is convicted, to 
bind them over to the next Court in this Province, to comitt 
to prison as y® fact may deserve, allowing also for entering 
Judgm* and fileing evidences 2s. 6d. 

PRISON keeper's charge. 

25. It is ordered by this Assembly and y* authority thereof, 
y* no Prison keeper w'Mn this Province shall suffer any pson to 
goe w^^'out the presinks of the prison, y* is delivered unto 
them for debt, by virtue of any execution, and it is further 
ordered the houses and yards of the said keepers shall be al- 
lowed & accounted the presinks of the s** prison, and y* it shall 
be lawful for any officer w^^'in this Province, if he have occation 
to carry any prisoner to the neerest Prison in the Province, 
and y* if any Prison keeper shall suff'er any such prisoner to 
goe w*^out the presinks of y* s^ prison, they shall be liable to 
satisfie the whole debt for w'^'' y^ s*^ Prisoner was imprisoned, 
and the s*^ keeper's fees shall be 5s. for turning the key, to be 
paid by the person imprisoned, before he be set at liberty. 



1680.] PROVINCE LAWS. 393 

MARSIIALLS. 

26. It is ordered by this Assembly and the authority thereof, 
y' it shall bo lawful for either of the marshalls in this Province 
to levy executions, attachm' and warrants in any p' of y" s* 
Province, and y' feese for serving attachm* w"^in theiro owne 
townes shall bo 2s. for evry attachm'', to bo paid by them y 
imploy them before they shall be compelled to sei've it, and 2 
for a warr': for warr'' served uj)on criminall offenders. 

JUDGM"^ AND EXECUTION TO STAND GOOD Y"^ AVERE BEFORE Y= 
LATE CHANGE. 

27. It is ordered by this General! Assembly and the authority 
thereof, y' all Judm*' and Executions granted on any civill 
or criminall cases by former Courts of Justice w"^in this Prov- 
ince, or y* County Court of Norfolk to any of our Inhabitants 
within this Province, shall be held as good and vallued for and 
against any pson as when they were granted by the Court at 
the time of tryall. 



General Lawes. 

TOWNSHIPS, AC, CONFIRMED. 

1. To prevent contention that may arise amongst vs by rea- 
son of the late change of Governm', it is ordered by this Assem- 
bly and the authority thereof y* all land, Townships, Town 
grants, w*** all other grants lying w*'^in the limitts of this Prov- 
ince, and all other rights and prop'ties, shall stand good, and 
are hereby confirmed to y® townes and psons concerned, in the 
eame state and condition as they did before this late alteration. 
33 Ed : 1. 

CONTROVERSIES OF LAND TO BE TRIED BY A JURY. 

2. And it is further ordercd,y'if any difference or controver- 
sy shall hereafter arise amongst us about the titles of land w*'4n 
this Province, it shall not be finally determined but by a Jury 
of 12 able men, chosen by the freemen of each townc accord- 
ing to law and custome, and sworne at y* Quarter Court wch 
shall take cognisance of the case. 



394 PROVINCE PAPERS. [1680. 

CONTRACTS TO BE PAID IN SPECIA. 

3. For pi-eventing deceite in trade, y* all men may be on a 
certainty in matters of contracts and bargains, It is ordered 
by this Generall Assembly and the authority thereof, that all 
contracts, agreem*^ or covenants for any specia whatsoever 
shall be paid in the same specia bargained for, any law, vseage 
or custome to the contrary notwithstanding. 

HORSES. 

4. It is ordered by this Assembly and y^ authority thereof, 
that y^ brand markes mentioned in the Law, title horses, to 
brand horses wth, shall be as followeth : for the towne of Ports- 
mouth P, for y® towne of Hampton H, for y^ towne of Dover 
D, and for the towne of Exeter E. 

For the pi-eventing of damage being done by horses w'Mn 
this Province, by reason of y** goeing upon our lands and pas- 
tures w^'out some fettering, it is ordered by this Assembly and 
y* authority thereof y* no horse or horse kind shall be suffered 
to goe vpon any of our lands and pastures w*out fence w*4n 
this Province, from y'^ 1^* day of May vnto y^ 1^* of 8ber, with- 
out a sufficient p"^ of iron fetters on his feete, or a clog equive- 
lent, vpon y® penalty of evry owner of any such horse or horse 
kind y* shall be taken doeing damage, or w*in any man's corne 
field, meadowes or inclosures, pajnng 55. in m°, besides all 
damage to y'' ptie y' impounded them; and if they be found 
doing damage w'^out y* towne brande to wch they belong, y^ 
owners of them shall pay 20s. in mony; and it is likewise 
ordered y* evry towne w*''in this Province shall have a distinct 
brand marke, wch they shall brand theire horses w*'^ all y* goe 
in y'' coraons from time to time. 

It is further ordered that no horse or hor.ses shall be suffered 
to goe vpon any of our lands and pastures w*'^out fense w'^in 
this Province y* is known to be vnruly, w^ut the approbation 
of y^ selectmen, or y® major p' of them of y^ severall townes, 
vnder y^ penalty of evry owner of such horse paying 10s. in 
money to y" ptie y' soe find them contrary to this order, or 
loose his y* ^d horse soe taken. 



1680.] PROVINCE LAWS. 395 

TIME AND PLACE FOR KEEPING COURTS. 

5. For the better administration of justice, It is ordered by 
this Assembly and the authority thereof, y' those courts follow- 
ing shall be annually kept w*''in this Province : A Geneuall 
Assembly, to meete at Portsm" y* 1"' Tuesday in March, to 
make and constitute such Lawes and ordinances as may best 
conduce to y® good governm' of this his Majesties Province, as 
allso w"' the Presid' and Coun", to heare and determine all 
actions of appeale from Inferior Court, whither of civill or 
criminall nature. Alsoe, there shall be 3 other courts held at 
time and place hereafter mentioned b}^ y" Presid' and Counc", 
or any 6 of y" Counc", whereof y" Presid' or his Deputy bo 
one, together w"' a Jury of 12 honest men, chosen and called 
as y* law directs, for such as desire to be tried by a Jury ; evry 
of wch Courts shall have full power to heare and determine 
all cases, civill and criminall, allowing one liberty of appeale 
from such sentance or judgm' as shall be passed in s*^ Court or 
Courts, to y* Presid' and Counc", together with the Generall 
Assembly as above s*^, provided such appellant give bond to 
prosecute according to law. The time and place for holding 
such shall be as followeth : 

At Dover y* first Tuesday in June; at Hampton y" first 
Tuesday in 7ber. ; at Portsm° the first Tuesday in iOber. 

ALL TRYALLS BY JURY. 

6. It is further enacted y' all tryalls, whether capitall, crim- 
inal, or between man and man, both respecting meritine affairs 
as well as others, be tryed by a Jury of 12 good and lawfull 
men, according to the good & commendable customo of Eng- 
land, except the ptie or pties concerned doe refer it to the 
bench, or some express law doth refer it to their judgm* and 
trj-all, or the tryall of some other court where jury is not, in 
w*^'' case any ptie agreived may appeale, and shall have tryall 
by a jury ; and it shall be in y' liberty of both plan' and defend', 
or any delinquent y' is to be tryed by a jury, to challenge any 
of y" jury, and if y' challenge bo found just and reasonable by 
y" bench, it shall be allowed him, and others w"'out just excep- 
tion shall bo impanelled in thoire roomo ; and if it be in case 



396 PROVINCE PAPERS. [1680. 

of life and death the prisoner shall have libertye to except 
against 6 or 8 of y® jurj^ \v"'out giving any reason for his ex- 
ceptions. 

CONSTABLES TO CLEAR THEIR RATE IN THE YEAR. 

7. For the better clearing of y* arrears in the hands of the 
constables, 

It is ordered y' if any Constable shall faile to clear vp his 
rates w'4n his yeare, he shall be lyable to have his estate dis- 
trained by warr' from y* Treas"", directed to y* Marshall or 
Marshalls w^'^in this Province; and for all rates for y* ministry 
and other towne rates, y^ selectmen shall direct their warr^s to 
ye Constables next chosen, to distraine upon the estates of 
such Constables as shall faile of their duties therein. 

FREEMEN. 

8. It is ordered by this Assembly and the authority thereof, 
y* all Englishmen, being Protestants, y' are settled Inhabitants 
and freeholders in any towne of this Province, of y* age of 24 
years, not viceous in life but of honest and good conversation, 
and such as have 20?. Eateable estate w'^'out heads of persons 
having also taken the oath of allegiance to his Maj^, and no 
others shall be admitted to y^ liberty of being freemen of this 
Province, and to give theire votes for the choice of Deputies 
for the Generall Assembly, Constables, Selectmen, Jurors and 
other officers and concernes in y* townes where they dwell; 
provided this order give no liberty to any pson or psons to 
vote in the dispossion or distribution of any lands, timber or 
other properties in y® Towne, but such as have reall right 
thereto ; and if any difference arise about 8^ right of voting, 
it shall be judged and determined by y* Presid' and Councill 
w*'' the Glen" Assembly of this Province. 

MARRIAGE. 

9. As the ordinance of Marriage is Hon^able amongst all, 
so should it be accordingly solemnized. It is therefore ordered 
by this Assembly and the authority thereof, that any member 
of ye Councill shall have liberty to joyne any persons together 
in marriage; and for prevention of unlawfull marriages it is 
ordered y* no pson shall be joyned in marriage before the 
intention of the pties peeeding therein have been 3 times pub- 



1680.] PROVINCE LAWS. 397 

lished, at some publiquo meeting in y" towncs, where y*" pties, 
or cither of them doe ordinarily reside, or be sett up in writing 
upon some post of theire meeting house door, in publique view, 
there to stand soe as it may be easily read, by y* space of 14 
dayes. 

MAKING RATES. 

10. That thear may be a just and eaquall way of raising 
means for defraying y*" publique charge, boath in church and 
civill affairs, whereof every pson doth or may receive y^ benefit, 
their persons and estates shall be asseassed or rated as fol- 
loweth, viz' : to a single rate of a penny in y* pound, every 
male person above the age of 16 yeares, is vallued at 18?., and 
all land within fense, meddow or marsh, mowable, shall be at 
55. '^ acre; all pasture lands without fence, rate free; all oxen 
4 yeares old and upward, SI. ; steers, cows and heiffers of 3 
yeare old, at 405. ; steers and heiffers, of 2 yeares old, at 25s.; 
yearlings at 10s. ; horses and mares of o yeares old and up- 
ward, at 205.; sheepe above 1 yeare old, at 55.; swine above 
one yeare old at 10s; and all other estates whatsoever, in y^ 
hands of whome it is at y" time when it shall be taken, shall 
be rated by some equall proportion, by y' selectmen of each 
towne, w"" grate care.y' pticulars be not wronged; and all 
ships, ketches, barques, boates, and all other vessells w'^'^soever, 
shall be rateable, as allso all dwelling houses, ware houses, 
wharffs, mills, and all handj'crafts men, as carpenters, masons, 
joiners, shoemakers, taylors, tanners, curriers, butchers, bak- 
ers, or any other artificers, victuallers, merch'' and inn keep- 
ers shall be rated by estymation. If any persons be greved at 
their being over-rated, they shall have liberty to complaine to 
y" next quar' Court, who shall give them all just releife. 

SELECTMEN TAKE ACCOUNTS. 

11. For y® more eaquall and impshall valluing of houses and 
ships and other estates of m''cht% traders, handycraft, wch 
must necessarily be rated by estymatyon — 

Bee it enacted by this Assembly and the authority thereof, 
y* y* selectmen of y* severall townes shall forth w* take an ac- 
co' of all such estates, w"' y*^ vallue thereof according to theire 
ordinary way of rating; a list of vi"^ estates, so taken and 
vallued, shall be trancmitted to a committee of 4 men chosen 



398 PROVINCE PAPERS. [1680. 

by this Assembly out of Dover, Portsm", Hampton and Exetor, 
together w"* 2 of y'' Coun", wch comittee shall examine and 
compare s"^ list and bring s*^ estates to an equall valluation, 
having respect to the places where they lie, y* no towne or 
pson be burthened beyond proportion ; wch act of said com- 
mittee in the valluation of s*^ estates shall stand as a rule, 
according to which rates and asseasm*' shall be made for y^ 
future; y* psons chosen for thisjComittee are Rich*^ VYalderne, 
Esq"', Elias Stileman, Esq', Mr. Ro: Elliott, Mr. Anthony Nutter, 
Mr. Ralph Hall, Mr. Edward Gove, and y* time of meeting y^ 
2^ Tuesday in Aprill in Portsm°. 

A LIST OF MALES AND ESTATES TO BE TAKEN. 

12. It is ordered by this Generall Assembly y' warr*^ be 
forthwith ishued out to }'" Selectmen of y" severall townes w"'in 
this Province, y' they doe forthw'^ take a list of all y^ male 
psons of 16 yeares old and vpward in theire respective townes, 
■vv"' yc valluation of all their estates, according to such rules as 
are past this court ; and all psons }'* are so rated are to be 
rated by estymatyon and make returns thereof to y* commitee 
appointed for y' affaire, at or before the 2'' Tuesday in Aprill 
next. 

BOUNTY FOR KILLING WOOLF. 

13. It is ordered by this Assembly y' evry pson w"'in this 
Province y* shall, after y^ date hereof, kill any woolfe w^'^in this 
Province, they shall forthw**' cany the head of every such 
woulfe unto y^ constable of y^ same towne, who shall bury or 
deface the same by cutting the eares oif, and y^ s"^ constable 
shall give y® s*^ ptie a sirtifficate, attested under his hand, of y® 
day and y* rec' thereof; and y* s*^ ptie procuring such a sur- 
titicate shall be allowed by y* Treasurer of y* Province for 
every woulfe soe killed 40s. out of y^ next rate made for the 
Province; but if the ptie be an Indian that killed y" woulfe, he 
shall be allowed but 10s., and the s'' Indian shall make proof 
that he killed y^ s*^ woulfe w'^'in this s*^ Province. 

FORMER LAWS TO STAND. 

14. For a presant settlem' of matters in civill and criminal! 
proceedings, and directions to Courts, Judges and all other 
officers, it is ordered that tbose Lawes wch we have fform'"ly 
been directed and governed by, shall be a rule to vs in all Judi- 



1C80.] TROVINCE LAWS. 399 

ciall proceedings, soe far as they will sute our constitution 
and be not repugnante to y" Laws of England, vntill siicli acts 
and ordinances as have beeue or shall be made by this assem- 
bly and approved by y'' Ilon'^ Prcsd' and Council, may bo 
drawne up and legally published. The like lawes shall be a 
rule to all the selectmen in each towne for y* managm' of all 
theire prudenciall affaires, according to the lawdable customs 
liithcrto vsed. 

PROVINCE RATE. 

15. For defraying of y* publique charge of the Province, It 
is ordered by this Assembly and y"^ authority thereof, y' a rate 
be made of l^d. in y® pound, upon all psons and estates (y^ 
Presd* and Council, ministers and elders of churches excepted), 
in this Province, according to y'^ valuation made by this As- 
sembly, and y' y* Selectmen in y^ sevcrall Towns doe forthw''' 
pforme the duty of theire places, in y* making such rates and 
comitting them to the respective constables, to be imediately 
collected, and the same to be transmitted to the Treas"" of the 
Province. This rate is to be paid in the speatiaes at y"^ prices 
following, viz* : 

M'ble boards at any mills in Piscataqua Riv'' at y^ vsiall j^lace 
of delivery, at 30s. j). M. M'ble w' oak pipestaves, at some 
convenient landing place, where y^ constable shall apoint, 

at 31. p. M. 
E: o: p:* Staves p supra, at 305. j). M. 
R: o: hhd: ditto p supra, at 25s. p. M. 
• Indian Corne at 2^s. p. bush. 

Wheate at 5s. p. bush. 

Malt at 4s. 

Fish at price curr*. 

And whosoever shall pay theire rates in shall be abated ^ p'. 
[There is a marginal note on the section above, as follows : 
" Not to be transcribed as a law."] 

CONSTABLES TO CLEAR THEIR RATES WITHIN THE YEAR. 

16. It is inacted by this Assembly and the authority thereof. 
That whereas y^ Constables of the severall Townes are injoyned 
to cleare their rates, on penalty of making good y*^ same out 
of theire owne Estates — 

*Red oak pipe. 



400 PROVINCE PAPERS. [1680. 

PENALTY FOR REFUSING TO PAY. 

17. It is therefore ordered y* if any pson or psons w*''in this 
Province, rateable, shall refuse to pay his rate or rates, or 
discover any estate to the Constable, y' the Constable shall 
have power to seize his person and carry him to the next 
prison, there to remaine till he pay his s*^ rates, or give good 
security soe to doe. 

MARSHALLS TO LEVY FINES. 

18. It is further ordered, y' every marshall in y* Province 
shall diligently and faithfully collect and levey all such fines 
and sums of mone}', of every person for vf"^ he shall have warr' 
or execution signed by the Treasurer, or other authority con- 
stituted by his Majesty in y^ Province, and s'^ sums soe leyed 
he shall w* all convenient speed deliver to y* s,^ Treasurer or 
ptie, or attorney y' obtained y* Judgm' or execution, and y* s"^ 
marshall shall make returnes of all such warr'' or executions 
■w"" w* bee hath done by vertue thereof, vnder his hand, at the 
next Quar* Court, or Sessions in y* Province, after y* receipt 
thereof vnto y^ Treasurer, Sec^y or Clark y* granted y^ same; to 
be by him kept, and if y^ execution or warr* be not fully satis- 
fied the s^ Sec*y, Clark, or treasurer may grant execution for 
y* remainder. 

marshal's FEES. 

19. And it is hereby ordered y* y* Marshall's fees shall be as 
foUoweth : For all executions and warr' levyed by them vnder 
five pound, five shillings ; for all executions not exceeding tenn 
pounds, twelve pence in y® pound ; for all executions above 
tenn pounds and not exceeding forty pound, IDs. for y* lOZ., 
and six pence in y^ pound for evry pound more; and for all 
executions above 401. and not exceeding 100?. in the above e,^ 
fees for y® 4.01., and Zd. in y^ pound for evry pound above 
forty, and one penny in y^ pound for every pound above 100?., 
out of the estate of y* pson the execution is served upon, over 
and above, besides y' execution, and in all cases where y* 
above s*^ fees for levying executions or fines will not answer 
the Marshall's travell, & other necessary charge, he shall have 
power to demand 6d. p. mile, and vpon refusall or nonpayment 
to levy the same, togeather w*'^ his other fees. 



1680.] PROVINCE LAWS. 401 

MARSHALLS MAY CALL FOR ASSISTANCE. 

20. And whereas the s** Marshalls have oftentimes need of 
Assistance in the execution of y' office, it is therefore ordered 
y' y*" Marshall or Constables w^'in y' Province shall and have 
liberty to charge any pson to assist them in y* execution of y' 
office, if they see need; and whosoever shall neglect or refuse 
to assist them when thereunto required, the ptie soe refusing, 
complaint being made vnto an}'^ member or members of y° 
Councill or Court, he shall pay such a fine in money, vnto y* 
Treasurer of the Province, as Judge or Court y* hath cognisance 
thereof shall determine, according to the nature of the oflfence. 

WHERE MARSHALS SHALL MAKE DEMANDS. 

21. And in all cases of fines and assesm** to be levyed, and 
upon execution in civil actions, the Marshall or Constable shall 
make a demand at y* place of the pties vsiall abode, if it be 
knowne, and of the ptie if he be there to be found; if not, the 
marshall or Constable so employed shall leave at y* 8^ house 
bis demand of y^ same, and lyable to be paid by virtue of s** 
execution, rate or warr*, for fine attested under his hand ; and 
upon refusal or nonpaym' accordingly^, the officer or Marshall 
shall have power, calling assistance, if they see cause to break 
open the door of any house, chest or place, where he shall 
have notice y' any goods lyable to such levyes or execu- 
tion shall be ; and if he be to take y* pson, he may do y* like, 
if vpon demand he shall refuse to surrender himself. And 
wtsoever charge the officer shall nessessarily be put vnto vpon 
any such occasion, he shall have power to levy the same as he 
doth debt, rate, fine or execution. And where the officer shall 
levy any such goods vpon execution, y* cannot be conveyed to 
y= place where y'' ptie dwells, for whome such execution shall 
be levyed (if they be to be there delivei'cd), w"'out considerable 
charge, he shall levy y^ s*^ chai'ge also w*'' y" execution, and 
in no case shall any officer be put to seek out any man or 
estates, farther y" his place of abode ; but if y' ptie will not dis- 
cover his estate, the officer may take his pson, and if any 
officer shall doe injury to any by coullcr of this office, in this or 

2G 



402 PROVINCE PAPERS. [1680. 

any other case, he shall be lyable vpon complaint of the ptie 
wronged, by action or information, to make full resstitution, 
and no marshal! or constable shall in any case make a deputy. 

FINES TO BE PAID FORTHWITH. 

22. It is farther ordered y' w^^ any Delinquents are fined to 
y^ Province, they shall forthw**^ pay their fines in money, or yt 
wch is equivalent, or give good security to the Treasurer for 
the same, or y* pson shall be secured till they do it. 

NEAR RELATIONS NOT TO VOTE. 

23. For preventing all occation of ptiallity in Courts of Jus- 
tice, and avoiding of jellousies. It is ordered y* in all civill 
cases betweene ptie and ptie, where the judges or jurors are 
neerly related to either ptie, as y^ relation of flfather and son, 
either by nature or marriage, brother and broth", vnkle and 
nephew, landlord and tennant, y* judge or juror soe related 
shall not vote or give sentence in any case wherein his rela- 
tions are y' pties concerned. 

NO IMPRISONMENT BEFORE SENTENCE. 

24. Be it farther enacted y* no man's pson shall be restrained 
or imprisoned by any authority w'soever before the law hath 
sentenced him therevnto, if he can and will put in suffisient 
security, bail or maiue price, for his appearance and good 
behavior in y* mean time, vnless it be in crimes captall, or 
contempt in open Court, but in such cases where some express 
act of court doth allow it. 

LEGAL NOTICE IN CASE OF ATTACHMENT. 

25. And it is farther ordered, y* in all attachm'' of goods and 
chattells. Land or Heredittem'" by ye officer, notice shall be 
given to the ptie against whom the suite is comenced, either 
by reading y* attachm* to him, or leaving a sumons or a copia 
of y* attach m', vnder y* hand of y^ officer, at his house or 
place of vsiall abode, or else y* case shall not proceed ; but if 
y^ ptie be out of y* Province and not like to return before y* 
court, y'' case shall proceed to triall, but judm* shall not be 
entered, untill a month after, and execution shall not be granted 
vntil y* plaintife have given suffissient security to respond, if y= 
defendant shall reverse y^ judgment w'4n the space of one year. 



1680.] PROVINCE LAWS. 403 

Y" FREEMEN OF EACH TOWNE TO CUUSE THEIR OFFICERS AND 
MAKE ORDERS FOR THEIR TOWNES. — PENALTY FOR OFFENCES. 

26. Whereas pticular Towncs have many things w"** concerno 
only themselves and y" ordering of y' owne affairs of disposing 
of business in their owne Towne, It is therefore ordered y' y* 
freemen of every towne shall have power to chuse y' owne 
pticular officers, as Consta: Grand Juror, and Jury of Tryalls, 
Survej^ors for y® highways, and like, annually, or otherwais as 
need i*equires, and to make such laws and constitutions as may 
concerne y® well fare of y® towne; provided they be not of a 
criminall but of a prudenciall nature, and y' the penalty exceed 
not 20.S. for one offence, and that they be not repugnante to y® 
publique laws and orders of this Province ; and if any Inhab- 
itant shall neglect or refuse to observe them, they shall have 
power to levy the appointed penalty by distress; and if any 
man shall behave himself offencively at any town meeting, 
y^ rest y'' present shall have power to sentence him for such 
offense, soe as y® penalty exceed not 205. 

PRUDENTIAL OFFICERS. 

27. And y® freemen of every towne shall have power to 
chuse yearly, or for a less time, a convenient number of fitt 
men to order y* prudenciall affairs of y^ Towne, provided 
nothing be done by them contrary to y"' Lawes and orders of 
this Province, and y* y^ number doe not exceed 7 for one 
town; and y^ selectmen in evry town shall take care from 
time to time to order and dispose all single psons and inmates 
w*Mn y'' townes to service or otherwise; and if any psou be 
greived at any such order or disposall, they have liberty to 
appeale to the next court of this Province, y* by law hath 
prop, cognicence thereof. 

NONE TO CAST BALLAST INTO THE RIVER. 

28. It is ordered y' no ship or other vessel! shall cast out 
any ballast in y® channel, or other place inconvenient, in any 
Harbor or Eiver w'^'in this Province, upon y'^ penalty of tenn 
pounds. 

AGE TO MAKE A VALID ACT. 

29. It is ordered by the Generall Assembly, &c., That no 
pson in this Province shall have power to pass away lands, 



404 PROVINCE PAPERS. [leso. 

Herridittam'', or any other estates, or make any legall or 
vallued act, or be capable of suing or being sued in any of our 
Courts, in his or her own pson, vntill they attaine vnto y^ age 
of 21 years; but any orphan may choose y"^ Gardean, to act for 
them at y^ age of 14 years, to secure or Defend y' estates Dur- 
ing y* minority ; also y* all parents and masters shall have 
power in all civill cases to prosecute and Defend y^ Rights of y' 
children or servants during the time of their nonage, and in 
all criminal cases every person, younger as well as elder, shall 
be Lyable to ansv^^er in y' owne person for any misdemeanures 
charged upon them, and may also Inform against any other 
person to any Court, member of y* Coun", or Gand Jury man 
w^'in this Province. 

ANY MEMBER OF Y^ COUNCIL OR CLARK TO GRANT ATTACAM^^, 
AND HOW ATTACHMENTS ARE TO BE SERVED. 

30. And it is further ordered, y'' it shall be in y* Power of 
any member of y* Coun" or any Clarke of y*^ writs allowed of 
by any of our gen. Courts, to grant sumons and attachm*^ in 
all civil proceedings. 

It is also ordered, y* all sumons or attachm*^ shall be served 
6 days inclusively before y^ court where y^ case is to be tryed, 
and y^ cause or ground of y* action shall in y^ said process be 
briefly Declared, and w* capassity y^ Plaintiffe seweth, whither 
in his owne name, or as Attorney, assigne, gardian, execuf, 
Admin"^, Agent, or such like : or in Defect thereof, if exception 
be taken before y* pties Joyne Ishew, it shall be accoumpted 
a Legall barr, and y* Plaintiff shall be lyable to pay Cost, but 
no circumstantiall error in a sumons or attachm' where y* ptie 
and case intended may be Eationaly understood, shall be taken 
as a sufficient ground for a nonsuit. 

PLANT. OR DEFEND'^ NOT APEARING, TO BE NONSUITED. 

31. And if either plaintif or Defendant doe make default of 
appearing, having been 3 times distinctly called by y* Marshall, 
or other officer appointed by y* court to call, the plaintiff shall 
be nonsuited and Lyable to pay the Defendant Cost. 

Y^ DEFEND'^ NOT APEARING, Y^ SURETY OR GOODS ATTACHED 

TO STAND. 

32. It is enacted by y' General Assembly and authority y'of, 
y* if y' Defendant faile of his appearance, if it apears by y* 



1680.] PROVINCE LAWS. 405 

process y* goods were attached or surety or sureties bound for 
his apcarance after y^ surety hathe been 3 times called, y' action 
shall proceed to tryall, and if y* Judgm' be granted to y"^ plain- 
tif, execution shall Ishew forthe against y= Defendant, and y* 
surety or goods attached shall stand good for 1 m""' after 
Judgnit., but if the execution be not extended w*''in one m°"' 
after judgment, y* goods attached or suretys bound shall be 
Released. 

NO OFFICER TO BAILE ANY W^^OUT GOOD SURETY. 

33. And y' no pson may Loose or be Defrauded of his Just 
debt, it is ordered y* no Marshall, Constable or other officer 
shall baile any pson y* ho hath attached, \v"'out sufficient sure- 
ty; viz', one or more y* is a settled inhabitant w"'in this prov- 
ince, and y' hathe a visible Estate to be Responsible, according 
to y^ bond Required. 

JUDGMENT TO BE ACKNOWLEDGED BEFORE 2 OF Y^ COUN^^, &C. 

34. It is further enacted, y* any pson y' is attached to our 
gen. Court, and desirous to prevent farther charge, shall have 
Liberty, upon notice given to y* plaintiff or his attornej', to 
appear before 2 of y^ members of y^ Coun" and y" Clark or 
Recorder of any gen. Court w'^in this province, and acknowl- 
edge a Judgment, w'=*' shall stand good and valid in Law, 
provided y' y^ goods attached or surety bound shall not be 
Released till a month after y^ acknowledgm' of such Judgra', 
unless y* Cr' give under his hand y' he is satisfied, and y' such 
psons as Live out of y** province, the acknowledgm' of a 
Judgm' shall not free ym. unless they shall produce a sufficient 
surety y* is a settled inhabitant w"4n y' Limitts of this prov- 
ince, to Ingage with him or them in ye acknowledgmt of y« 
Judgmt, and y'= Execution to stand good against y" surety for 
a full month after. 

PERSONS NOTIFIED NOT APEARIN6, Y* PENALTY. 
35. Be it farther enacted, that if anj^ pson sumoned to answer 
any presentmt, or for any fact or misdemeanor, do not appear 
at y* time appointed, he or they shall be proceeded against for 
contempt, except it appears they have been prevented by tho 
band of God. 



406 PROVINCE PAPERS. [1680. 

PLAINT. MAY W'^^DRAW HIS ACTION. 

36. It is also enacted, y* it shall be at y* Liberty of the 
Plaintiff to w*Mraw his action at any time before y^ Judge or 
Jury have given in y' verdict in y^ case, in w'^'' case he shall 
pay full Cost to y* Defendant. 

NONE TO PRETEND GREAT DAMAGE TO VEX HIS ADVERSARY. 

37. And y* no pson, in his suit or plaint against another, 
shall falsely pretend great damage or debts, to vex or discredit 
his adversary, and if it appears to y^ Court y' any plaintife 
hath wittingly wronged y* Defendant in vexatious suits or 
complaints, he shall paj^ y^ Defendant double cost, and be fined 
to y'' province 40s. or more, according to the demerrit of his 
fact. 

ACTIONS MAY BE REVIEWED. 

38. It is further enacted, y* it shall be in y* liberty of any 
pson to review any suit or action wherein he hath been plain- 
tife or Defendant in any Court w^^in this province, but if any 
jotie be twice Cast upon a Review, and shall still persist in a 
Course of Law, if he be Cast a 8** time his Case shall be Judged 
vexatious, and shall pay double Cost and such fine as y* Court 
shall award, not exceeding five pounds. 

INNKEEPERS TO SELL NO STRONG DRINKS TO CHILDREN OR 
SERVANTS. 

39. Be it also enacted, y* no ordinary or Innkeeper suffer 
any Servants, or Children vnder family governm*, to buy (or 
to set drinking of) any Liquor, wine or other drink, in their 
houses or where they have to doe, or to spend their time there, 
wt^^out y*" Leave of y'' parents or Masters, unless it be in 
Case of necessity, on pain of 10s. forfeiture for every offence, 
i to y* informer and y® other to y' poore of y® towne. 

A PERSON BEING 3 M^^ IN TOWN SHALL BE AN INHABITANT, 

EXCEPT. 

40. Likewise it is further orderrd, y* if any pson come into 
any town w^i^in this province, and be there reced & enter- 
tained 8 m"*""^, if such person fall sick or Lame, he shall be 
relieved by y' towne whei'e he was so long entertained, but 
if y* Constable of y* Towne, or any of y^ selectmen, have given 
warning to such psons w^'^in y^ space of 3 m^'^^ y^ y^ towne 



1680.] PROVINCE LAWS. 407 

will not admit of him, if such pson shall stand in need of 
Eeliefe y« towne shall supply his necessity, until y' Pres^ and 
Coun" can dispose of him, as to y^" shall seem most just and 
Equall. 

PERSONS SENT FROM OTHER TOWNS, Y^ TOWNS TIIEY ARE SENT 
FROM TO PAY THE CHARGE. 

41. It is also ordered, y* if any Children or elder pson shall 
be sent or come from one towne to another, to school, or to 
nurse, or otherwise to be educated, or to a phisition or Chi- 
rurgion, to be cured or healed, if such shall stand in need of 
Relief they shall be Relieved at the charge of y" towne from 
whence they came or doc belong, and not by y* towne to w'^'* 
they are sent ; and in case they be sent from any towne w^'^out 
ye Province, the taker, nurse, phisition or Chirurgion to whome 
they are sent, shall take good security to save y* town and 
Province chargless, or shall be Responcablo themselves, for 
such as need Re.leife. 

PRESIDENT OR DEPUTY TO HAVE CASTING VOTE. 

42. It is further ordered, y* y* Presid*, or in his absence his 
Deputy, shall have a Casting vote, whensoever there shall be 
an Equivote, either in y* General Assembly, gen^ Courts, or 
Counc". 

NONE TO BRING IN OR ENTERTAIN STRANGERS W™OUT LEAVE. 

43. Be it also enacted y* no pson, m'"" of any vessell, or 
other, do bring into any of our townes w^'^in this Province, 
any pson or psons, w^^^out y" approbation of y® Pres* or 3 of 
y« Coun", or y*" selectmen of each Towne, nor y* any Inhab- 
itant wti^in this Province, doe entertaine in his family any pson 
yt is not soe allowed, for more than one weeke, w"»out giving 
notice thereof to 1 of y« members of y" Coun" or to y« Select- 
men of y" towne to ^\''^ they belong, on penalty of forfeiting 
bl to y* towne, and bo lyable to be sued and give bond to free 
y« towne fro Damage. Provided this ord"" shall not hinder any 
man from taking of an apprentice or Cov'ent servant, for a 
year or years, y* is at present sound and well ; and if such 
servant shall fall sick or Lame he shall be maintained by his 
Master during y* Date of his Indentures or Covenant, and af- 
terwards by y" towne, in case of necessity. 



408 PROVINCE PAPERS. [1680. 

CONSTABLES TO WARN FREEMEN'S MEETINGS TO CHOOSE 
DEPUTIES. 

44. It is enacted by this assembly and the authority thereof, 
y* y® severall constables in each towne of y"" province doe warne 
and call together the free men of theii*e Respective townes, on 
y* first Monday in february, annually, and from among them- 
selves to make their election of Deputies for y* Gen" Assembly, 
who are to meet at Ports™'' on y* first Tuesday of March, by 
10 of y® Clock in y^ forenoone, and y® number of Deputies for 
each towne to be as followeth, viz^: 3 for y« towne of Portsm", 
3 for y* towne of Dover, 3 for y^ towne of Hampton, and 2 for y* 
towne of Exeter, whose names, after their election and accept- 
ance, y^ severall Consa^ shall make Return of to y^ Assembly, 
as above vnder their hands; and if any Constable neglect his 
Duty in calling the free men together, or making Returns of 
y* names of j^ Deputies chosen as above, he shall pay y* sum 
of 51 to y® Treasurer, for y* use of y® Province, for every such 
neglect; and if any Deputy, after his Election and acceptance, 
shall neglect his attendance at y* time and place of meeting, 
or absent himself from y® said Assembly w'^'out Leave, he 
shall pay a fine of 205. to the Province, for Every Dayes ab- 
sence, and so proportionably for every pr. of a day, vnless 
some Enevatable providence or such other oceation Hinder, 
as shall be judged by y® Maj"' p* of s"^ Assembly a sufficient 
excuse for s*^ absence. 

PAY FOR ENTRY OF ACTIONS. 

45. And it is ordered, that for y® entry of all actions of ap- 
peale from y® q^ Courts, shall be paid 205. in money.* 

■* " A body of Laws was enacted in the course of the first year, but, 
when sent to England for the royal approbation, were disallowed." 
Holmes' An., vol. 1, p. 395. 



1680.] ADDRESS TO THE KING. 409 

Address to the King. 

Address of the General Court of New-Hampshire to the King. 
[Farm. Belk., App., p. 455.] 

To his most excellent Majesty, Charles the 2d, by the grace of 
God, of England, Scotland, Franco and Ireland, King, De- 
fender of the faith, &c. : 

The humble address and petition of the President and Coun- 
cil of his Majesty's province of New-Hampshire, in New-Eng- 
land, humbly sheweth — 

That, it having pleased your most excellent Majesty to sep- 
arate us, the inhabitants of this province, from that shadow of 
your Majesty's authority and government under which we had 
long found protection, especially in the late war with the bar- 
barous natives, who (this divine protection) proved a heavy 
scourge to us, and had certainly been the ruin of these poor, 
weak plantations (being few in number, and otherwise under 
great disadvantages), if our brethren and neighbors had not, 
out of pity and compassion, stretched forth their helping hand, 
and with their blood and treasure defended us, our lives and 
estates; nevertheless, upon the receipt of your Majestj^'s 
pleasure, delivered by Edward Eandolph, Esquire, upon the 
first of January last, directing unto and commanding the 
erecting of a neAV government in and over these four towns 
(the government of Massachusetts yielding readier obedience 
to your 3Iaje8ty's commands with reference to our relations 
formerly to them), although deeply sensible of the disadvan- 
tages likely to accrue to your Majesty's provinces and our- 
selves, more especially by the multiplying of small and weak 
governments, unfit either for offence or defence (the union of 
these neighbor colonies having been more than a little instru- 
mental in our preservation) : we have taken the oaths pre- 
scribed us by your Majesty, and administered to your subjects 
of these four towns the oath of allegiance, and convened a 
general assembly, for regulating the common affairs of the 
people, and making of such laws as may bo of more peculiar 
use to ourselves, having special regard to the acts for trade 
and navigation, set forth in the book of rates commonly 



410 PROVINCE PAPERS. [1676. 

printed and sold, and, if some obstruction occasioned by such 
as make greater pretences of your Majesty's favor and au- 
thority had not hindered, we might have brought matters to 
a greater maturity; yet hope to perfect something by the first 
opportunity of shipping from hence, but feared it miglit be too 
long to defer our humble acknowledgment of your Majesty's 
grace and favor, in committing the power into such hands as 
it i')leased your Majesty to nominate, not imposing strangers 
upon us; and it much comforts us against any pretended 
claimers to our soil, or any malevolent spirits, which may mis- 
represent us (as they have done others) unto your Majesty or 
honorable council, while, beside the known laws of the realm 
and the undoubted right of English men, we have the favor of 
a gracious prince to fly to. We do therefore most humbly beg 
the continuance of your Majesty's royal favor and protection, 
without which we are daily liable to disturbance if not ruin. 
And, as in duty bound, shall humbly pray, &c. 
March 29, 1680. 



Letter to the Governor and Council of Massachusetts. 
[Adams' Ann. Ports., pp. 65-67.] 
Portsmouth, in y'' province of New-Hampshire, May 25, 1680. 
Much Honored — 

The late tuime of Providence made amongst us by the all 
ordering Being, hath given occasion for this pi*esent applica- 
tion, wherein we crave leave, as we are in duty bound. 

1. Thankfully to acknowledge your great care for us while 
we dwelt under your shadow, owning ourselves deeply obliged 
that you were pleased upon our earnest request & supplication 
to take us under your government & ruled us well whilst we 
so remayned, so that we cannot give the least countenance to 
those reflections that have been cast upon you as if you had 
dealt injuriously with us. 

2. That no dissatisfaction with your government, but merely 
our submission to Divine Providence to his Majesties Com- 
mands, to whom we owe allegiance without any seeking 
of our owne, or desires of change, was the only cause of our 



1680.] ADDRESS OF THE GENERAL COURT. 411 

complying with that present separation from you tliat we are 
now under, but should have heartily rejoiced if it had seemed 
good to the Lord & his Majesty to have settled us in the same 
capacity as formerly. 

3. And withal we hold ourselves bound to signify that it is 
our most unfeigned desire that such a mutual correspondence 
may be settled betwixt us as ma}' tend to the glory of God, 
the honor of his Majesty, whose subjects we all are, & the pro- 
moting the Common interest & defence against the common 
enemy, that thereby our hands be strengthened being of 
ouselves weake & few in Number, & that if there be opportu- 
nity to be anywise serviceable unto you, wee ma}' shew how 
ready we are thankfully to embrace the same. 

Thus wishing the presence of God to be with you in all 
your administrations & craving the benefit of your prayers 
and endeavours for a blessing upon the heads & hearts of us 
who are seperated from our brethren, We subscribe 

John Cutt, President. 

With the Consent of the Council & genei*al Assembly. 

Superscribed, " To the Honored Governor & Council of the 
Massachusetts Colony. 

To be communicated to the General Court. 
Humbly present 

In Boston." 

This foregoing letter of the President, Council & General 
Assembly of New Hampshire so directed to the Massachusetts, 
was read in General Court May 22d 1680 & ordered to be re- 
corded & kept on file as attests. 

Edw. Eawson, Secy. 



Second Address of the General Court of New-Hampshire to the 

King. 

[Farm, lielk., App., p. 456.] 

To the Icing's most excellent Majesty : 

We, the President and Council of your Province of New- 
Hampshire, having (according to the royal pleasure) given an 
account of our allegiance and observance of your commission 



412 PKOVINCE PAPERS. [1680. 

by Mr. Jowles, in March last, and therefore shall not give you 
the trouble of repetition. According to your Majesty's com- 
mand, we have, with our general assembly, been considering 
of such laws and orders as do, by divine favor, preserve the 
peace, and are to the satisfaction of your majesty's good sub- 
jects here, in all which we have had a special regard to the 
statute book your majesty was pleased to honor us W' ith , for 
which, together with the seal of your province, we return 
most humble and hearty thanks; but such has been the hurry 
of our necessary occasions, and such is the shortness of the 
summer (the only season to prepare for a long winter), that we 
have not been capable of sitting so long as to frame and finish 
aught that we judge worthy to be pi-esented to your royal 
view; but shall, as in duty bound, give as speedy a despatch 
to the affair as we may. In the mean time your subjects are 
at quiet, under the shadow of your gracious protection, fearing 
no disturbance, unless by some pretended elaimers to our soil, 
whom we trust your majesty's clemency and equity will guard 
us from injury by: and, considering the purchase of our lands 
from the heathen — the natural proprietors thereof — and our 
long quiet possession, not interrupted by any legal claim, our 
defence of it against the barbarous adversary by our lives and 
estates, we are encouraged that we shall be maintained in 
our free enjoyment of the same, without being tenants to those 
who can show no such title thereunto. 

Further, we do gratefully acknowledge the mark of your 
princely favor in sending us your royal effigies and imperial 
arms, and lament, when we think that they are, through the 
loss of the ship, miscarried by the way. And seeing your 
majesty is gi*aciously pleased to license us to crave what may 
conduce to the better promoting of our weal and your majesty's 
authority, we would humbly suggest whether the allowance 
of appeals, mentioned in the commission, may not prove a 
great occasion, by means of malignant spirits, for the obstruct- 
ing of justice among us. There are also sundry other things 
that a little time and experience may more evidently discover 
a great convenience in, which upon the continuance of the 
Bame liberty from your majesty, we shall, with like humility, 
present. Thus craving a favorable construction of what is 



1680.] ADDRESS OF THE PRESIDENT AND COUNCIL. 413 

above suggested, and praying for your majesty's long and 
prosperous reign, begging also the continuance of your majes- 
ty's favor, out of which, if any of our adversaries, under a 
pretence of loyalty or zeal for your majesty's interest, should 
endeavor to eject us, we hope, upon liberty granted us, to 
speak for ourselves, we shall abundantly demonstrate that we 
do truly and sincerely subscribe, 

Your majesty's most loyal and dutiful subjects, 

John Cutt, President, 
With the consent of the Council. 
Portsmouth, in the Province of New-Hampshire, l 
June 11, 1680. j 



[Province Records, Book 1, p. 40.] 

To all his Majesties good subjects, ye Inhabitants of PortsmP, 
Ilampton, Dover & Exeter, in his Majes*^ Province of New 
Hampshire, in New England, pr order of y^ President & Coiin- 
cill assembled at Portsm° this 22d Jan'y 1679-80, & in ye thirty 
first year of his Majesty's Reigne* 

Be it knowne unto you & every one of you that y" President 
& Councill doth order and declare in his Majes** name, y* all 
comiss", constables & Mr'ch''', Grand jurymen, & all other offi- 
cers, civill & military, do keep their respective places & attend 
y® duty & concerns of y'^ trust to them already committed 
untill further order be taken, - - his Majes'^ government 
now here established - - - and y* if any trespass be done 
to any town - - - shire libertyes or Pro - - - officers 
shall take es - - - restraine y'' same ------ 

[Seal.] 



At a meeting of the dep't president and council, 25th Mar., 
1680— 

It is ordered by the dep't president and council that if there 
be any troopers that have formed under the command of Capt. 

* It will be noted that this, with several other articles in the 1st Book of 
Province Records, is badly mutilated, torn and illegible. Ed. 



414 PROVINCE PAPERS. [1680. 

John Gerrish, or in that troop of Norfblks, they shall be at 
liberty from serving any longer in that service, provided they 
list themselves foot soldiers in the towns of their present resi- 
dence; and all such as are already, or would be troopers in 
this province, are now to list themselves under Capt. Jno. 
Gerrish, being qualified according to law to the filling up said 
troops to the number of 60, besides ofiicers. 



Portsmouth. At a meeting of Council, 10 June, 1680. 
New-Harap. (Dept. President.) 

Whereas his Majesty, by his letters patent sent to the presi- 
dent and council of this town of New-Hampshire, hath given 
express command for the regulation of the military disciplin- 
ing, and the arraying and mustering of the soldiers for the 
defence and safety of his Majesty's province — 

It is, therefore, ordered by the president and council, that 
all the trained soldiers within the bounds of this province, 
from sixteen years old and upwards, do from time to time 
obey such orders and commands as shall be given by the 
officers that are commissioned by this government in the sev- 
eral towns, both respecting arms and amunition, and kinds 
of exercise, according to the laws and orders that are and shall 
be made concerning military aff'airs. 

And that those troopers that Avere formerly listed under the 
command of Major Pike, and now inhabitants in this town, 
shall have liberty to list themselves and horses under the com- 
mand of Capt. John Gerrish, capt. of the troops in New-Hamp- 
shire, and such as do not list under his command are required 
to attend their duties in the foot companies in the towns 
where they dwell, upon the same penalty that is provided for 
neglect in that case. [^Prov. Court Papers. 



1680.] WITCHCRAFT. 415 

Witchcraft. 

t 

[Prov. Court Papers, vol. 1, pp. 133-141.] 
We, whose names are underwritten, being called by authority 
to view a dead child of John Godfre's, being about a year old 
ujion the 13th of July, 1680, which was suspected to be mur- 
dered, we find grounds of suspicion that the said child was 
murdered by witchcraft : first, in part by what we saw by the 
dead corpse ; second, something we perceived by the party 
suspected, which was then present, and was examined by 
authority ; and, third, by what w^as said by the witness. 
The names of the jury of inquest: 

Tho. Marston, 
Willyam Marston, 
Foreman, Hen. Eoby, 

Abraham Drake, 
Abraham Perkens, 
Anthony Taylor, 
John Sinith, 
Tho. Levet, 
Aratus Levet, 
Gershom Elkens, 
Hen. Derbond, 
John San borne. 
This true list was given in upon oath the 18th of July, 1G80, 
before me, 

Samuel Dalton, of the Council. 



John Fuller owns himself to stand bound in the sum of one 
hundred pounds unto the Treasurer of the Province of JSTew- 
Hampshire, that Rachel, his wife, shall appear before the 
authority of this Province of New-Hampshire, to answer to 
what shall be charged against her in point of witchcraft, and 
that she shall abide the order of the court, and not depart 
without license, and shall appear whenever she is called. 
Owned before me, 14th July, 1680. 

Christopher Lux, 

Samuel Dalton, of the Council 



416 PROVINCE PAPERS. [1680. 

The deposition of Mary Godfrey, the wife of John Godfrey, and 
of Sarah Godfrey, her daughter, aged about 16 yearSm 

These deponents saith that, about three weeks or a month 
ago, the same day that Mr. Buff went through the town, these 
deponents took care to save some of the sick child's urine, to 
show it to Mr. Buff; and they could not save it, for, though 
we put a pewter dish under the child, yet all its water ran on 
the floor ; and Sarah Godfrey took some embers out of the 
fire and threw them upon the child's water; and by and by 
Eachel Fuller came in and looked very strangely, bending, 
daubed her face with molasses, as she judged it, so as that she 
had almost daubed up one of her eyes, and the molasses ready 
to drop off her face ; and she sat down by Goodey Godfrey, 
who had the sick child in her lap, and took the child by the 
hand ; and Goodwife Godfrey, being afraid to see her come in 
in that manner, put her hand off from the child and wrapt the 
child's hand in her apron. Then the said Rachel Fuller turned 
her about, and smote the back of her hands together sundry 
times, and spat in the fire. Then she, having herbs in her 
hands, stood and rubbed them in her hand and strewed them 
about the hearth by the fire. Then she sat her down again, 
and said, Woman, the child will be well ! and then went out of 
the door. Then she went behind the house ; and Mehitable 
Godfrey told her mother that Goodey Fuller was acting 
strangely. Then the said Mary Godfrey and Sarah, looking 
out, saw Rachel Fuller standing with her face towards the 
house, and beat herself with her arms, as men do in winter to 
heat their hands, and this she did three times ; and stooping 
down and gathering something off the ground in the interim 
between the beating of herself, and then she went home. 

Sworn the 14th of July, 1680, before me. 

Samuel Dalton, of the Council. 

Owned in Court of Hampton, the 7th Sept., 1680, by the 
deponent. Elias Stileman, Sect. 



The deposition of Elizabeth Denham and Mary Godfre, who 
saith that we, being in discourse with Rachel Fuller, she told 
us how those that were witches did so go abroad a night, they 



1680.] WITCHCRAFT. 417 

did lay their husbands and children asleep, and she said 
Rachel Fuller told us of several persons that she reckoned for 
witches and wizzards in this town, to tho number of 7 or 8. 
She said eight women and two men, some of whom she express- 
ed by name, as Eunice Cole, Benjamin Evans' wife and her 
daughters, Goodwifo Coulter and her daughter Prescott, and 
Goodwife Towle, and one that is now dead. 
Sworn tho 14th July, IGSO, before me, 

Sam'l Dalton, of the Council. 



Mary Godfrey, the wife of John Godfrey, further saith, that 
the next day after that Kachel Fuller had been there with her 
face daubed with molasses, the children told their mother that 
Eachel Fuller had told them that if they did lay sweet hays ? 
under the threshold, it would keep a witch from coming in; 
and, said one of the girls' mother, I will try, and she laid bays 
under the threshold of the back door all the way and half way 
of the breadth of the fore door, and soon after Rachel Fuller 
came to the house, and she always had formerly come in at 
the back door, which is next her house, but now she went 
about to the fore door, and, though the door stood open, yet 
she crowded in on that side where the bays lay not, and rubbed 
her back against the post so as that she rubbed oif her hat, 
and then she sat her down and made ugly faces, and nestled 
about, and would have looked on the child, but I not sutfering 
her, she went out rubbing against the post of the door as she 
came in, and beat otf her hat again, and I never saw her in the 
house since; and I do further testify that while she was in 
the house she looked under the door where the bays lay. 
Mehitable Godfrey, aged about 12 years, affirms to the truth 
hei'eof. 

Sworn the 14th July, 1680, before me, 

Sam'l Dalton, of the Council. 



The deposition of Nathaniel Smith, aged about twenty years, 
who saith. That he, going to the house of John Fuller, as he 
was coming home with his herd, and tho said Fuller's wife 
27 



418 PROVINCE PAPERS. [1680. 

asked him what news there was in the town, and the said 
Smith said he knew none, and then she told him that the other 
night there was a great route at Goodman Roby's; this was at 
the first time when Doctor Eeed was at this town; and the 
said Rachel Fuller told me that they had jDulled Doctor Eeed 
out of the bed, and with an enchanted bridle did intend to 
lead a jaunt, and he got her by the coat, but could not hold 
her, and I asked her who it was, and she turned from me, and 
as I thought did laugh. 

Sworn the 14th July, 1680, before me, 

Samuel Dalton, of the Council. 



The deposition of John Godfrey, aged about 48 years, and 
his wife, aged about 36 years, who saith that Eachel Fuller, 
coming into our house about 8 or 9 o'clock in the day, and 
sitting down by my wife, my wife having the child that was 
ill in her lap. The child being exceedingly ill, and the said 
Fuller seeing my wife much troubled and grieved, Eachel 
Fuller said that this would be the worst day with the child, — 
to-morrow it will be well. And the said Fuller took the child 
by the hand, and my wife snatched the hand from her and 
wrapt it in her apron. Mary Godfrey, the wife of John God- 
frey, further saith, that at the same time, I, seeing the said 
Fuller patting the child's hand, drew the child's hand from 
her; and then the said Rachel Fuller arose from the place 
where she did sit, and turned her back to my husband, and 
did smite the back side of her hands together, and did spit in 
the fire. 

Sworn the 14th July, 1680, before me : 

Samuel Dalton, of the Council. 

Sworn by the deponent in court at Hampton, 7th Sept., 1680. 

Elias Stileman, Sect. 



The deposition of Elizabeth Denham, who saith that, about 
three weeks since, I was at John Fuller's house, and there, 
she and I being speaking about John Godfrey's child that was 
then ill, Eachel Fuller was then very inquisitive to know of 



1680.] AVITCHCRAFT. 419 

me what I thought ailed the child; and after I told her what 
I thought, she still continued asking mo what 1 thought was 
the matter with the child; and she then kept calling her own 
child Moses, after the name of the sick child. 
Sworn the 14th July, 1680, before me, 

Samuel Dalton, of the Council. 
The deponent, in court held in Hampton, 7th Sept. 1G80, 
appeaz'ed and owned the above testimony. 

Elias Stileman, Sect. 



The deposition of Hazen Levit, aged about thirty-six years, 
testifieth, that as he was riding up to his lot the last Thursday 
in July last, at night, about sun half an hour high, he saw 
John Fuller's wife upon her hands and knees, scrabbling to 
and fro, first one way and then another, and seemed to him to 
be mighty lazy ; but after she espied him she left off that 
manner of acting, and seemed to take up her apron with one 
of her hands, and with the other hand to gather up something; 
and as 1 drew near her it seemed to me as if she laid something 
upon a log, and come back and fetched a little child, that stood 
by her when she was in her former actions, and went through 
at her own gate, as he thought, the aforesaid log being near to 
her gate ; and when she was in her gate she went toward her 
garden, and as soon as she was come up to her gate she turned 
and went toward the door, with a child and a little basket in 
her hand, as it seemed to your deponent; and j'our deponent 
looking on her she gave him a froAvning look at first, but as 
your deponent was passing from her, she laughed on him, as 
seemed to him ; and after your deponent was gone some way 
thence, she was gotten to the place first mentioned, as near as 
your deponent can guess, and in the same manner of acting as 
first named ; and your deponent quickly returning again found 
her still in the same actions ; and as soon as I apprehended 
she discerned him she left off and went away, as before, and 
presently there came from her gate to the place a thing like a 
little dog, as to the seeming of your deponent, and went to the 
place where she was so acting as before ; and there, walking to 
and fro, went back again. 



420 PROVINCE PAPERS. [1680. 

Copy of the Mandamus by ivhich Eobert Mason, Esq., was admit- 
ted to a seat in the Council. 

[Farm. Belk. App., p. 457.] 

December 30, 1680. Trusty and well beloved, we greet you 
well. 

Whereas we have thought it fit to take into our special care 
and protection our Province of New-Hampshire, and provide 
for its prosperity and good government, and the settlement of 
the estates and possessions of our good subjects there : And 
that for the avoiding any suits or contentions in matters of 
title, and the determining any demands which might be made 
by our well beloved subjects, Eobert Mason, Esq., as proprie- 
tor under us, of that province, by virtue of a grant derived 
from our royal grand-father, King James, under the great seal 
of England :* we have so composed all matters with him, that 
for the time past until the 24th day of June, 1679, he shall not 
claim or demand any rent, dues or arrears whatsoever; and 
for the future, he, his heirs or assigns, shall receive only six 
pence in the pound yearly of every tenant, by way of quit 
rent, according to the true and just yearly value of what is 
improved by any of the inhabitants; as is more fully expressed 
in our commission, under our great seal, bearing date the 18th 
day of September, in the 31st year of our reign. And whereas 
the said Robert Mason hath humbly signified to us that he is 
preparing to transport himself, for the taking care of his affairs 
and interest in the said Province, and for the giving a secure 
and legal confirmation of the estates of such persons as are 
now in possession, but without any right or legal title to the 
same : And he being a person whom we have esteemed useful 
to our service, as he is chiefly concerned in the welfare of that 
our Province, we have further thought fit to constitute and 
appoint him to be one of our Council therein; and we do 
hereby order and require you, our President and Council, that, 
immediately after his arrival, you do admit him one of our 
Council of ou](P*rovince of New-Hampshire, he first taking the 

*This must mean the Charter of the Council of Plymouth. 



1681.] PROVINCE PAPERS. 421 

oaths mentioned in our said commission. And wo do further 
require you and him, that you do betake yourselves to such 
discreet and equitable ways and methods in your proceedings, 
agreements and settlements, for the future, that there may be 
no occasion of complaint to our royal person and authority 
here : We beinfj resolved to discountenance all such as shall 
willfully or unnecessarily avoid or delay your submitting to 
those determinations which maybe reasonably decreed, accord- 
ing to justice and good conscience, which you are to signify to 
all our good subjects within our said Province, that they may 
govern themselves accord ingl3^ And so we bid you heartily 
farewell. Given at our Court, at New-Market, the first day of 
October, 1680, in the two and thirtieth year of our reign. 

By his Majesty's command, Sunderl.a.nd. 

To our trusty and well beloved, the President and Council of 
our Province of New-Hampshire, in New-England. 



[Prov. Eec, B. 1, p. 41.] 

Boston, 12*'' March, 1680-1. 
Hon"! gj. 

We have rec'd yrs of ye 25*"^ of ffcb. past touching pouder 
money, wherein you advise us for satisfaction for that taken 
from ours by yo'selves, to do y® like for yo"" ships, when they 
come into our port ; with which we cannot be so satisfied, it 
not being an equal way & measure of proceeding for o' mutual 
correspondence, peace & good agreement. Nor is it just, in 
our apprehensions, that a private person should make recom- 
pense for a Public act: we judg this may make a flame among 
yo'selves there, whose quiet we tender as our own. We may 
be told rather, that the money taken from Mr. Harvey, which 
is but 30.S. (a small matter to make a breach) be returned, & 
all yo"" shipping and ours pass free, as in the day when we were 
all under one Law & Government — which best pleases us, altho 
the advantage to us will be more y° would well permit us to 
concede to the proposition in y"* above mentioned. We 
have communicated y* order of y' General Court concerning 



422 PROVINCE PAPERS. [1681. 

Judgments & Executions to our Gen. Assembly, who cannot 
agree thereupon, and therefore it must, of necessity lye dor- 
mant for ye present. Thus with our due Eespects to yo' Hon** 
selves, we remain yo'' Loving ffriends & Neighbors, 

By order of y* Council, 
E. Chamberlain, Sec. 
To ye Hon'J^e Simon Bradstreet, 

ye Gov'' of ye Massachusetts 

Colony. 

To be comunicated to ye 

General Court. 



[Prov. Eec, B. 1, p. 41.] 

To Robert Mason* 

Sir. 

We thought meet to sign 

11* instant : & that we de 

our answer thereof at -------- 

as to yours of ye 

we answer joint 

are informed ..-._.-._ 

some of ye _...- 

the wicked hopes of our Soveraegns sudden death or distur- 
bances y* may arise in Eng^. That if you know of any such 
persons, we desire & account it yo"" duty y* they may be 
brought forth and receiv y^ demerit of their offence. 
Sr your ffriends & serv*% 

Kich: Waldron, 
Eich: Marty n, 
Will. Yaughan, 
Tho: Daniel, 
Jo: Gilman, 
Christ: Hussey, 
El: Stileraan, 
Sam. Dalton, 
Job. Clements. 

* The original paper is greatly mutilated. Eo. 



1681.] PROVINCE PAPERS. 423 

These to Jiobt. Mason, Esq. 
[Prov. Roc, IJ. 1, p. 42.] 

Portsm. 4th of xMay, 1G81. 
Sir— 

The Counsel having seen & read sundry of y' Declarations,* 
that you have set up in places of public concourse within this 
his Maj* Province, as also Letters sent to them in particular : 
In all which you have charged them highly as great offenders, 
referring t© his majestees roj'al Commission as derogating 
from that to y*^ great abusing of his subjects, obstructing them 
from complj'ing with you, chai-ging several falsities wpon the 
Councill themselves, and sundry things of like nature, which 
casts great reproach upon his majestees authority in this 
Province, on which the Councill for their full conviction or 

themselves, desire you to give them a meeting att 

y* House ridg on ffriday next about noon, and make 

all thay shall conclude yourself to be y^ forger and 

a slanderer of y® inocent. And as to that you - - - - 

all matters, and lay them before his majestic power to 

deale with you, or others, either ----- judge it a mestake, 

and pray you will be they have power to deale in 

matters of comession, as well as in all emergencies 

- - - - - to you. The Council, hoping you will ----- we 
remaine your Loving ffriends. 

By order of y^ President & Counsel, 

R: Chamberlain, Secretary. 

* It appears that Mason had posted up certain " Dechirations " which 
were highly offensive to the people ; one of which was torn down at Dover 
by Maj. Richard Waldron, as Mason afterward testified: "That Maj. 
Richard Waldron did say to this deponent, that no such papers should be 
set up to amuse the people, and did show unto this deponent one of the 
aforesd declarations or some part thereof that he had pulled down." 

Taken upon oath, 17th October, 1684. 

Robert Mason. 



424 



PROVINCE PAPERS. 



[1680. 



The Province rate of Hampton, being one single rate and 
half, according to each man's proportions, this 8th May, 1680 : 
[See Court Records, vol. 1, pp. 111-129.] 





s. 


d. 




s. d. 


Nath'l Bachilder, 


13 


5 


John Tuck, 


5 3 


Jacob Browne, 


6 


9 


Tho. Thurtten, 


2 3 


Tho. Brown, 


3 


5 


Mr. Andrew Wiggin, 


14 8 


Ben. Browne, 


4 11 


Mr. Tho. Wiggin, 


6 4 


Jon. Browne, 


3 10 


Nath'l Weare, 


12 5 


Nath'J Boulter, Sen., 


5 


5 


Tho. Warde, 


7 


John Blake, 


5 


Oi 


Tho. Webster, 


5 9J 


Kath'l Boulter, Jr., 


4 


9 


Jonathan Wedgwood, 


3 6 


Mark Baker, 


2 


3 


David Wedgwood, 


2 7 


Moses Cocks, 


3 


7 


Ralph Welch, » 


2 5 


Edw. and Sam'l Colcord, 


8 


3i 


Nath'l Wright, 


2 4 


Joseph Cass, 


6 


5 


Tho. Chase, 


7 1 


Sam'l Cass, 


3 


7 


Rachel Chase, 


1 1 


Abraham Drake, Sen., 


5 


9i 


James Chase, 


4 U 


Abraham Drake, Jr., 


4 





Abra'm Cole, 


5 1 


Alexander Denham, 


5 


6 


Benj. Cram, 


5 2 


Gershom Elkins, 


5 


Oi 


Tho. Cram, 


3 10 


Will. Fuller, 


8 


H 


John CiifTord, Sen., 


5 00 


John Fuller, 


4 


Qi 


John CiifTord, Jr., 


5 2 


Sam'l Foge, 


4 


0' 


Israel Clifford, 


3 3 


Will. Fifield, Sen., 


6 


3 


Isaac Cole, 


2 3 


Ben. Fitield, 


8 


5 


Elias Crichitt, 


2 3 


Henry Greene, 


15 


^ 


Henry Dow, 
Jos. Dow, 


11 4 


Abra. Greene, 


6 


3 


5 2 


Jon. Godfree, 


2 


5 


Daniel Dow, 


2 1 


Isaac Godfree, 


6 


8 


Godfre Dearborn, 


4 1 


Edw. Gove, 


11 


3 


Thomas Dearborn, 


5 9 


Jon. Garland, 


6 


6i 


Hen. Dearborn, 


6 8| 


Jacob Garland, 


2 11* 


John Dearborn, 


5 2' 


Isaac Marston, 


5 


9 


John Hussy, 


14 Oi 


Jon. Marston, 


5 


5 


Morris Hobs, Sen., 


5 10 


Epheham Marston, 


5 





Jon. Hobs, 


5 4 


Hen. Moulten, 


12 


1 


Tim. Hilyard, 


7 6 


Jon. Moulten, 


6 


2^ 


Morris Hobs, Jr., 


5 5 


Jon. Marion, 


6 


7 


Nehemiah Hobs, 


2 3 


Jon. Masson, 


4 


5 


James Johnson, 


7 lOi 


Joseph Mead, 


3 


4 


Francis Jennis, 


3 5 


Tho. Nud. 


6 


7 


John Knowles, 


9 


Abra. Perkins, 


14 


H 


Tho. Lovitt, 


9 lOi 


Isaac Perkins, 


10 


5 


Hizrom Lovitt, 


7 8 


Francis Page, 


8 


91 


Daniel Lamprey, 


9 3 


Tho. Page, 


10 


9 


Aretus Lovitt, 


3 7 


Tho. Philbrook, 


7 


4 


Tho. Marston, 


6 li 


Christopher Palmer, ) 
with his son's estates, j 


7 


9 


Will Marston, 


9 1 


James Marston, 


4 6 


James Philbrick, 


3 


8 


Joseph Moulton, 


6 10 


Caleb Perkins, 


3 


5 


Benj. Moulton, 


5 11 


Jacob Perkins, 


3 


8 


Samuel Sherborn, 


6 5 


Joseph Palmer, 


5 


3 


Beuj. Swett, 


3 9 


Jonathan Pliilbrook, 


3 





Joseph Swett, 


7 


Samuel Philbrick, 


3 


5 


Anthony Stanyen, 


6 lOi 


Henry Roby, 


13 


3i 


Jon. Stanyen, 


5 3 


Jon. Redman, Sen., 


5 


8 


Robard Smith, 


4 S| 


Jon. Kedman, Jr., 


5 


6 


Jon. Smith, tayler. 


4 2 


Tho. Row, 


2 


3 


Jon. Smith, cooper, 


6 7 


Jon. Sanborne, 


9 


7i 


Tho. Sleeper, 


4 9 


Will. Sanborne, Sen., 


7 10' 


Jos. Shaw, 


8 7 


Jon. Sanborn, Jr., 


7 10 


Ben. Shaw, 


8 9i 


Richard Sanborn, 


5 





Will. Swaine, 


6 5= 


Ant. and Jon. Taylor, 


8 


7| 


Jo.'eph Smith, 


3 2 


Samuel Tilton, 


4 





Will. Sanborne, Jr., 


1 10 


Daniel Tilton, 


8 


1) 


Jon. Sleeper, 


2 3 


Phillips Towle, 


8 


7i 


George Swete, 


2 3 



To the Constables of Hampton : You are, in his Majesty's 
name, required to gather this Province rate of the persons 
herein assessed, and to pay in the same unto Kichard Martyn, 



1680.] PROVINCE PAPERS. 425 

Esq., the treasurer of tlio rrovinco, according to thu order of 
the last Crencral Assembly; and those that pay in money are 
to be abated one third part ; and if any refuse to pay his pro- 
portion, you are to levy it by distress, according to kiw. 
Dated 10th May, 1680, by us— 

Samuel Dalton, 
John Sanborne, 
Henry IMoulten, 
Nathaniel Weare, 
John Smith, 

Selectmen of Hampton. 

I, being desired by Thomas Doarborne, the late constable of 
Hampton, that gathered this Province rate, to copy out the 
same, I have here done accordingly; and this is a true copy 
of the original rate and the warrant annexed thereunto by 
the selectmen, taken out and compared this 29th day of April, 
1684. 

By rao : 

Henry Dow. 



426 



PROVINCE PAPERS. 



[1680. 



The Province rate for 1680, made April 20, for Exeter. 





£ s. d. 




s. d. 


Imp. Gov. Robt Wadlee, 


1 6 


Anthony Goff, 


2 4i 


Mr. Moses Gillman, 


1 2 


Charles Gledon, 


2 6 


Kic Norris, 


3 1^ 


Mr. John Thomas, 


2 3 


Peter Follsham, 


8 


Edw'd Sowell, 


5 10 


Christian Dolhoflf, 


5 2 


Jonathan Smith, 


4 9 


Sam'l Leavitt, 


13 5 


Samuel Dudley, Jun'r, 


2 ii 


David Lawrence, 


3 J 


Robert Stewart, 


2 4i 


Moses Leavitt, 


7 7| 


Humphrey Wilson, 


11 8 


John Follsham, Jun., 


10 1 


Epliraim FoUs^ham, 


3 11 


Sam Follsiiam, 


3 


Robert Powell, 


3 5 


Edward Gillman, 


5 6 


Andrew Constable, 


8 8 


Cornelius Larey, 


4 


Mr. Barthol'w Pipping, 


7 3^ 


George Jones, 


6 6 


Mr. Edward Hilton, 


11 


Jona'n Eobinson, 


5 2 


Mr. Sam'l Hilton, 


4 3 


Jeremy Canaugh, 


3 9 


Major Sharpleigh, for Hillton's mill, 1 lOJ 


Eleazer Elkins, 


3 11 


Nic Listen, 


2 9 


Alexander Gorden, 


4 


John Bean, 


8 1 


Robt Smart, Sen'r, 


7 10:1 


Tege Drisco, 


3 3 


John Younw, 


4 10^ 


Joell Judkins, 


2 6 


David Robinson, 


4 9 


E])hraim Marston, 


4 6 


Will'm Hilton, 


10 2 


Tlieop. Dudley, 


2 ii 


Sam'l Hall, 


5 i 


Tho's Mekins, 


2 4 


Ralph Hall, 


5 n. 


Biley Dudley, 


2 4 


John Sinckler, 


7 6 


Robt Smart, Jun'r, 


2 7 


William Moore, 


6 10 


Mr. Rich'd Scamon, 


10 2 


Phillip Cartpy, 


4 7i 


Rich'd Morgan, 


3 


John Wedgewood, 


4 10 


Major Clark, for his mill, 


8 7 


John Gillman, Jun'r, 


8 li 


Nat Follsham, 


2 9 


Henry Maroon, 


4 2 


Tho's Tidman, 


2 8 


Kinsley Hall, 


4 11 


John Clark, 


4 10* 


Jonathan Thing, 


9 


James Kid, 


3 3 


Mr. Wiggin's mill, 


1 lOi 


Nad Lad, 


2 10J 


Joseph Taylor, 


2 4i 


James Perkins, 


2 4 



This rate was made Anno 1680, vercissimo April 20, and 
delivered to the constable to collect, as before specified. 
By us, 

John Gillman, Sen'r,") 

y 



Ralph Hall, 
Edw'd Smith, 






Trustees for Exeter. 



1680.] 



PROVINCE PAPERS. 



427 



Cocheco Province Rate. 





s. 


d. 




Major Hiehard Waldron, 


12 


9 


Mark Goylcs, 


Lett. I'l'ter CoUin, 


12 


8 


Tho. North, 


Jiio. Ilaiii, 


4 


3 


Mr. Jno. Evens, 


Will Horn, 


6 


14 


Timothy Hanson, 


Zaclicric Field, 


3 


3 


Mr. Gotr, 


Jinkin .lonos, 


3 


3 


Jno. Frost, 


Tho. Downs, Jr., 


2 


6 


William Kim, 


Bonjainin llord. 


4 


6 


James Stagpoll, 


Ezekill Wiiilbrd, 


2 


7 


Rich. Ottis, Sen., 1 
Rich. Ottis. Jr., ) 


Suni'l Wentwcirth, 


2 


3 


Elder Wcntworth, 


7 


4 


Harvey Hobbs, 


Goorgi' Kicker, 
Tho. I'ainp, 


2 


6 


Rich. Nasson, 


7 


1 


Jno. Ellis, 


Gorsliem Wentworth, 


2 




Rich. Seamen, 


Jno. Heard, Sen., 


8 


3 


Wm. Yerington, 


John ll(;ard, Jr., 


2 


li 


Jno. Knight, 


Will Harford, 


1 


9 


Joseph Sanders, 


Stephen Ottis, 


2 


I 


Maturin Kicker, 


Tho. ilanson, 


4 


2k 


Jno. Windicot, 


Peter Ma.sson, 


2 


4i 


W^ill.Gifford, 


Robert Kvens, 


5 


1 


Will, lasket. 


Tobias Hanson, 


5 


2 


Jno. Derry, 


Isaac Hanson, 


2 


- 


J ames Derry, 


Widow Hanson, 


1 


1 


I'hillips Cliesley, 


Capt. Jno. Gerrish, 


13 


2 


Tho. Chesloy, 


Jonathan Watson, 


1 


7 


Jno. Roberts, Jr. 


Ralph Twoniley, 


7 


6 


Nath'l Kene, 


Tho. Austyn, 


3 




Abraham Clarke, 


HuDiprey Barney, 


5 


9 


Edward Tayler, 


Mr. Will. Partridge, 


6 


6i 


Jno. Michill, 


Tho. Douns, Sen., 


1 11" 


Edward Eayors, 


Nathan"! Stephens, 


4 


6 


Will. Tonison, 


Jno. Church, 


3 


8i 


James Hawkins, 



Dover Neck Province Rate. 



Jno. Dam, Sen., 
Jno. Cox, 
Jno. Roberts, Sen.. 
Tho. Roberts, Jr., 
Widow Tibets, 
Jeremy Tibets, 
Wildruni Dam, 
Abraliain Nutt, 
Phillips Cromwell, 
Tho. Whitehouse, 
John I'inkham, 
Will. Willey, 
John Hall, Jr., 
John Hall, Sen., 
John Tuttle, 



William Furbor, Sen. 
William Furber, Jr., 
Richard Roe, 
Left. Nutter, 
Jno. Dam, Jr., 
John Jiickford, Jr., 
Samuel Kawlens, 
James Hawlens, 
lecobad Kawlin8, , 
Jno. Hudson, 
Widd. Cattor, 
Jno. Bickford, Son., 



.9. d. 
3 9 



Rich. Rich, 

Job Clements, Esq., 
Joseph Heard, 
Joseph Canie, 
Nathan Hall, 
James Nutt, Sen., 
James Nutt, Jr.. 
Edward Allln, 
Tho. Perkins, 
Isaac Stockcs, 
Tho. Young, 
Tho. Roberts, Sen., 
Jlr. Will. Henderson, 
John Cooke, 
John Meader, Jr., 



Bloody Point Province Eate. 



s. d. 
5 



8 1 



2 7 
2 6 
2 4i 
1 6 

7 10 
4 4 



Michall Brown, 
Henry Longstof, 
Widd. Trickle, 
Joseph Trickle, 
Isaac Trickie, 
William Shackford, 
Nicliolas Harris, 
Joseph Hall, 
Euke Mallune, 
William Gray, 
Benjamin Rawlins, 
Eframe Trickie, 



t. 


rf. 


2 


3 


1 


6 


2 


51 


2 


6 


2 


2 Hi 


1 


7 


2 


1 


7 




5 


2 


1 10 


1 


7 


1 


6 


1 


6 


2 


8 


1 


6 


1 


7 


8 


7 


1 


7 


2 


6 


8 


4 


1 


7 


6 


8 


6 


8 


3 


6 


2 


5 


2 


2 


3 


ii 


1 


7 


1 


7 


1 


6 


9 


1 


8. 


d. 


2 


6 


8 


4 


4 




4 10 


1 


8 


4 


2 


4 


8 


1 


10 


2 


2 


3 


6 


2 


2 


5 


3 


3 


9 


2 




3 


4 


s. 


rf. 


4 


9 


8 


3 


4 10 


2 


4 


4 


G 


5 




3 


2 


11 


1 


2 




2 


1 


2 


1 


2 


4 



428 



PROVINCE PAPERS. 



[1G81. 



Sept. 24, 1681. Province Eate for the Town of Portsmouth. 





£ s. 


d. 




£ s. d. 


Jno. Cutt, 


17 




Jno. Presson, 


3 


Jno. Deunet, 


10 




Leo. Drown, 


4 


Geo. Hunt. 


8 


6 


Wm. Richards, 


3 8 


Mr. Rich. Walden, 


2 




Antho. Film's estate, 


2 


Mr. Otpella Cutt, 


7 




Edward Cate, 


4 


Rich. Watts and Negro, 


7 


6 


Jno. Shipway, 


8 


Mr. Jno. ilunckins, 


17 




Wm. Vaughan, Esq., 


3 


Mrs. Elenor Cutts, 


1 5 




Ja. Treworgie, 


3 


Wm. Ham, 


7 




Wm. Williams, 


3 


Rich. Jackson & Sons, 


13 


4 


Wm. Crafts, 


4 


Wm. Earle, 


5 


4 


'iho. Gill, 


3 


Jno. Cotton, 


6 


9 


Tlio. Wakan, 


6 6 


Ruben Hull, 


16 


6 


Lodwick Fouler, 


4 


Rich. Martyn, Esq., 


15 


3 


Edward Holland, 


3 


Jno. Seward and man, 


7 


6 


Juo. Seavie, 


4 8 


Francis Mercer, 


4 


8 


Robt. Williams, 


4 8 


Jno. Hurdy, 


3 


6 


Wm. Mason, 


4 8 


Sam'l Case, 


10 


3 


Mr. Moody, for Mary Cutts' land. 


2 


Jno. Erenchman, smith, 


3 





Diin'l Wescot, 


.5 


Phil. Severet, 


17 




Ephraim Linn, 


3 6 


Chad. Moss, 


11 


6 


Jno. Wakan, 


3 


Edward Melcher, 


3 


6 


Jno. Baker, 


4 


George Loveis & Son, 
Jno. Fletcher, 


11 


6 


Jno. Chevalier and man. 


7 6 


6 


6 


Wm. Rocklief, 


4 


Jno. Cutt, mariner and man. 


2 9 


4 


Nico. Walden, 


4 6 


Jno. Tucker and three heads. 


12 


3 


Rich, at Jno. Tucker's, 


4 


Tho. Harvey and man, 


10 


7 


Hubertus Matton, 


4 6 


George Snell, 


6 


4 


Ditto journeyman, 


3 


Sam Clark, 


5 




Phil. Founds, 


3 


Mat. Nelson, 


5 




Ja. Levet, 


5 


Tim. Davis, 


4 




Wm. Roberts, 


3 


Jean Jose and Richard, 


17 


6 


Jno. Muchmore, 


3 6 


Rich. Waterhouse, 


6 


6 


Robt. Almonie, 


4 


Jno. Partridge, 


19 


2 


Tho. Daniel, 


4 


Jno. Fabins, 


5 


6 


Jno. Jackson, Sen., 


6 6 


George Fabins, 


3 


6 


Jno. Jackson, Jr., 


4 6 


Jno. i'ickerin. 


6 


5 


Rich. Door, 


4 6 


Wm. Sheller, 


3 




Peter Ball, 


5 


Jno. Jack!«on, seaman. 


3 


2 


Mark Hunckins, 





Jno. Rartlet, 


3 




Rich. Shortridge, 


3 8 


Walter Ell, 


3 




Lewis Williams, 


3 6 


Wm. Pittman, 


3 




Jno. Brown, 


4 


Alexander Denet, Jr., 


4 




Robt. Pudington, 


5 


Wm. Brookin, 


6 




Robt. Lang, 


3 


Nat. White, 


4 


6 


Hugh Leer, 


4 


Tho. Stevens, 


3 




Hen. Savage, 


7 6 


Rich. Mouson, 


4 


8 


Wm. Walker, 


3 6 


Francis Jones, 


4 


3 


Wm. Cate, 


3 6 


Jno. Bandfleld, 


3 


6 


David Griffith, 


3 


Phil. Tucker, 


3 




Francis Huckins, 


3 6 


Dan. Duggin, 


3 


6 


Jno. Jones, 


3 


Ja. Jones, 


4 




Joseph Jewell, 


3 6 


Wm. Cotton, 


11 




Roland, at Hunt's, 


3 


Nell. Partridge and 2 heads, 


10 




Anthony Furbur, 


8 


Rich. Webber, 


5 10 


Robt. Rousley, 


3 


Tho. Ladbrooke, 


5 




Tho. Pickering, 


4 6 


Tho. Jackson, 


7 




Peter Harvey, 


3 


Geo. Bramhall, 


5 10 







Jno. Light, 


3 


6 




7 19 11 


Hen. Kerch, 


3 






10 7 2 


Sam'l Whidden, 
Jno. Whidden, 


4 

4 


6 




18 2 2 








Tho. Gubbtail, 


3 




Ellas Stileman, 
Wm. Vaugha», 
Thorn. Daniel, 
Kobt. Elliot. 


36 09 03 



1G81.] PROVINCE PAPERS. 429 

The Order of the Council and General Assembly for a Fast, made 
in March, lOSl, and published under the seal of the Province. 

[Farm. Jklk., App., p. 458.] 
Upon serious consideration of tlie manifold sinful provoca- 
tions among us, as of the sundry tokens of divine displeasure 
evident to us, both in the present dangerous sickness of the 
honorable President of the Council for New-Hampshire*, in the 
continuance of whose life is wrapt up much blessing, whose 
death may occasion much trouble; as also in respect of that 
awful portentous blazing star, usually foreboding sore calamity 
to the beholders thereof; and in regard of the great need that 
we have of more than ordinary presence of Almighty God 
with us, in our necessary aiDplications to his royal Majesty, 
our sovereign lord the King; as also, having a real sympathy 
with the great thoughts of heart in our brethren and neigh- 
bors as they are circumstanced; ever seriously and loyally 
imploring the divine favor for the continuance of his Majesty's 
life and prosperous reign, as the protection of God's cause and 
church, against the Popish party throughout the world; hum- 
bly craving covenant mercy to be continued to us, and ours 
after us in their generations, as also God's crowning the several 
seasons of the year with suitable goodness: The Council and 
General Assembly for the Province of New-Hampshire have 
appointed the next Thursday, being the 17th day of this 
instant 3Iarch, a day of public fasting and prayer, to bo 
solemnly kept by all the inhabitants thereof, hereby strictly 
inhibiting all servile labor thereon. Commending the same to 
all elders, churches, ministers and people, that they fervently 
wrestle with the Lord, that he may turn from the fierceness 
of his anger, and cause his face to shine upon us in all our 
concerns. 



KoBERT Mason. 



Seal. 



I, Robert Mason, Esq., lord proprietor of the Prov- 
ince of New -Hampshire, do hereby constitute and 
appoint Richard Otis, senior, of Cachecho, yeoman, to be stew- 

* President Ciitt died March 27, KiBl, and wns succeeded by Richard 
"Waldron, as President of the Council, who held the oflicc until the arrival 
of Edward Cranlield, Oct. 4, 1682. Ed. 



430 PROVINCE PAPERS. [1681. 

ard of my lands lying at Dover, Cachecho, Newichawanoch, 
Oyster River, and of all lands lying within the present reputed 
precincts or bounds of Dover; that is, that he demand and 
receive of every inhabitant the quit rent due to me for the 
lands improved, according to his Majesty's royal commission, 
and to agree with every person as to yearl_y value thereof: 
And that he do, by himself or by such other persons as he 
shall appoint, take care of and have the oversight of all the 
said lands, and to forbid all persons that shall commit any 
trespass thereupon, to cut and carry awaj any sort of timber 
from off the said lands, without license first obtained, and to 
take account of all timber that shall be cut and carried away 
by any persons, contrary to my declaration of the 19th day of 
this instant March, to the end that the offenders may be 
prosecuted in England, before his Majesty in council. 

Dated the 22d of March, 1680, and in the 33d year of the 
reign of our Sovereign Lord, King Chai'les the Second. 

[C. Pap., Reg. office.] 



To the ITon'ble the President and Council of the Province of 
JS^ew-Hampshire. 

The humble petition of Edw. Leathers, constable of Dover, 
sheweth — 

That whereas your petitioner, being constable, is, by war- 
rant of the selectmen, charged and required to collect arrears 
of rates within the precincts thereof, hath bestowed all his 
care and diligence therein : But it so happens that many 
persons utterly refuse to pay any rates assessed for the min- 
istry, alleging that they ought to have liberty of conscience 
by virtue of His Majesty's royal commission, and so not oblige 
(nor do repair to church), to hear the minister; and conse- 
quently not to pay any such duties : 

Therefore, your petitioner humbly prays, that in regard 
to the minister's rates included in the other rates, without 
expressing how much for one sort, and how much for the 
other, by reason whereof he cannot make any certain demand; 
Your honors would please to direct your petitioner how to 
act in this case and what to demand in certain; and in the 



1682.] PROVINCE PAPERS. 431 

meantime your petitioner may be protected and saved harm- 
less, having done his duty to the best of his power. 

Your honors most humble servant. 
[C. Pap., Reg. office] 



At the General Assembly at Portsmouth, ]\Iarch 7, 1G81 — 
Thomas Thurton was accused for abusive and contemptuous 
language against the council (the king's authority in the Prov- 
ince of New-Hampshire) : viz., for saying they were rebels 
against his Majesty, and did deny the king's letter and broad 
seal; and that they were a parcel of cursed rogues; and that 
thej'' would deny the king himself, if he were here. Likewise, 
that he hoped he should see them all hanged before he was 
very much older. 

Thurton, being apprehended, brought before the Council, 
and examined upon the premises, and the above said particu- 
lars (appearing in several depositions on file) proved against 
him, the council do sentence him to be a prisoner in Hampton 
jail during one month's space, within which time, if he do not 
pay twenty pounds for a fine (which he is thereby ordered to 
do, with cost and fees), he shall be sold by the treasurer, who 
is hereby impowered to make sale of him for the payment of 
his said fine, &c. And the said Thurton is to remain in the 
said jail till the treasurer can dispose of him as aforesaid. 

The costs and fees amount to 21. ISs. Gd. 

Vera copia, from the Council books. 

Teste : Richard Chamberlain, CI. Council. 



[Prov. Rec, B. 1, p. 42.] 
At the General Assembly at Portsmouth, March 7, 1G81-2, — 
It is enacted by the General Assembl}'' that a rate shall foi-th- 
with be made and issued out on all the inhabitants within 
this Province of New-Hampshire, at one penny in the pound 
on persons and estates, to be paid in money or in the species 
underwritten. That is to say : "Wheat at five shillings per 
bushel ; peas at four shillings ; malt at three shillings six pence ; 
Indian corn at three shillings; boards at thirty shillings per 



432 PROVINCE PAPERS. [1682. 

t 
one thousand feet; white-oak pipe staves, three pounds per 
thousand ; fish, two ryals under price current : To be paid at 
the usual places for delivering rate and pay ; and that the 
selectmen in the several townes do forthwith perform the duty 
of their places, in the making such rates and committing them 
to the respective constables, to be immediately collected, and 
the same to be transmitted to the treasurer of the Province 
upon the Province charge. 

By order, 

E. Chamberlain, Sect. 



To the much honored Council and President, now assembled at 
Portsmouth, in the Province of New-Hampshire, this Sth day of 
March, 1G81-2. 

Your poor and very humble petitioner desires and humbly 
begs that some clemencj' and mercy may be afforded towards 
him. It hath been his unhappy case to do that for which he 
is justly called in question, and doth own that justice must be 
served against all pity. But the end being to knock down 
vice and to produce virtue, hopeth your petitioner may be a 
subject of such favor as to be spared so far from the exaction of 
his demerits as may give him room and time to show himself 
better. If your honors please to exact the utmost of what he 
is able to do, he must endure the sentence to his capacity, and 
not complain. But such a sense he hath of his will and desire 
to do better, that he hopes your Honors' favor towards him 
will return with glory to God and his people. To pay the sum 
required he cannot. To be sold runs him upon extremities. 
Thei'efore he begs your Honors' lenity, as far as God may move 
your hearts. 

Your humble petitioner and humble servant, 

Thomas Thurton. 

Vera copia, from the original on file. 

Teste : B. Chamberlain, Clerk Council. 

[C. Pap., Keg. office.] 



1682.] CRANFIELD'S COMMISSION. 433 

[P. Rcc, B. 1, p. 51.] 
New-ITampshire, 

Whereas it is the constant practice in Jamaica, Barbados 
and other his Maj*. plantations, upon the arrival of every ship 
or vessell, that the master or commander doth forthwith repair 
to the Gov' and give him an acct. of such matters as shall be 
demanded of them relating to his Maj* service and y* good of 
the place : 

It is therefore hereby ordered by the Gov' and Council that 
upon the arrival of every ship or other vessel into this River 
or other Port in this Province, the master or commander there- 
of do with all diligence repaire unto the Honl*, the Gov', of this 
Province, to give information of all such matters as may any 
way relate to his Maj^ service and the good peace and security 
of the Province, And hereof all persons concerned are required 
to take special notice and conform themselves accordingly as 
they will answer the contrary. Date the 1682. 

R. C, Clk. Coun. 



Commission of Edward Cranfield. 
[Coun. and Asseni. Rcc, pp. 41-55.] 

Charles the Second, by the grace of God King of England, 

Scotland, France and Ireland, Defender of the Faith, &c.* 
To our trusty and ivell beloved Edward Cranfield, Esq. 

Whereas our colony of the Massachusetts alias Massathusetts 
Bay, within our dominion of New-England, in America, hath 
taken upon themselves to exercise a government and jurisdic- 
tion over the inhabitants and planters in the towns of Ports- 
mouth, Hampton, Dover, Exeter, and all other y*^ towns and 
lands in our Province of New-Hampshire, l3'ing and extending 
itself from three miles northward of Merrimack river, unto the 
province of Maine, not having any legal right or authority so to 
do, which said jurisdiction and all fui'thcr exercise thereof we 
have thought fit by the advice of our privy Council, to inhibit and 
restrain for the future, and do hereby inhibit and restrain y' 

* Cranficld's Commission was dated May 9th, 1682; 34 yr. R. Charles II. 
28 



434 PROVINCE PAPERS. [1082. 

same ; and whereas the government of that part of our said 
Province of New-Hampshire, so limited and founded as aforesaid, 
now is, and remains under our immediate care and protection ; 
to the end therefore, that our loving subjects the planters and 
inhabitants within the limits aforesaid may be protected and 
defended in their respective rights, liberties and property, 
and that due and impartial justice may be administered in all 
cases, civil and criminal, and that all possible care may be 
taken for the just, quiet and orderly government of the same — 
Now, Know Ye, that we, reposing especial trust and confidence 
in y^ prudence, courage and loyaltj- of you, the said Edward 
Cranfield, Esq., out of our especial grace, certain knowledge 
mere motion, have thought fit to constitute & appoint you 
our Lieutenant Governor and Commander-in-Chief of all that 
part of our province of New-Hampshire within our dominions 
of New-England, in America, lying and extending itself from 
three miles northward of Mei-rimack river, or any part there- 
of, unto our province of Maine ; and we do hereby require and 
command you to do and execute all things in due manner that 
shall belong unto your said command and the trust we have 
reposed in you, according to the several powers and directions 
granted or appointed you under this present commission, and 
the instructions herewith given you, or by such further pow- 
ers and instructions as shall at any time hereafter be granted 
or appointed you, under our signet and sign manual, and 
according to such reasonable laws and statutes as now are or 
hereafter shall be made and agreed upon by you, with y^ advice 
and consent of our Council and the Assembly of our said 
province and plantation, under your government, in such man- 
ner and form as is hereafter expressed ; and we do hereby con- 
stitute and appoint Eobert 3Iason, Esq., proprietor, Eichard 
Waldron, Thomas Daniell, William Vaughan, Eichard Marten, 
John Oilman, Elias Stileman, Job Clements, Walter Barefoot, 
and Eichard Chamberlain, Esq.jbe of our Council of our said prov- 
ince of New-Hampshire, during our pleasure, who are to be 
assisting unto you with their advice in the management of the 
affairs and concerns of the government of the said Province of 
New-Hampshii*e, in i-elation to our service and the good of our 
subjects there ; and we do hereby give full power to you, the 



1682.] CRANFIELD'S COMMISSION. 435 

said Ed-ward Cranfield, after you shall have first taken an oath 
for the due execution of the office and trust of our Lieutenant 
Governor and Commandcr-inChief, in and over our said province 
of New-IIaniiDshire, which the said Councilor any five of them 
have hereby full power and authority, and are required to 
administer unto you, to give and administer to each of the 
members of our said Council, as well y"' oaths of allegiance 
and supremac}", and the test mentioned in the act of parliament 
made in the twenty -fifth year of our reign, intituled an act for 
preventing danger which may happen from popish recusants, 
as an oath for the due execution of their places and trust; and 
we do hereby give and grant unto you full power and author- 
ity to suspend any of the members of our said Council from 
sitting, voting, or assisting therein, if you shall find just cause 
for so doing, and our will and pleasure is, that if by the death, 
departure out of the said Province, or suspension of any of our 
Councillors, there shall happen to be a vacancy in our said 
Council, any five whereof we do hereby appoint to be a quorum, 
we do hereby require you to certify us, by the first opportunity, 
of such vacancy, by the death, departure, suspension of any of 
our said Councillors, that we may under our signet and sign 
manual constitute and appoint others in their room ; but that 
our affairs at the distance may not suffer for want of a due 
number of Councillors, if ever it shall haj^pen that there are 
less than seven of them residing in our said Province, we do 
hereby give and grant unto you full power and authority to 
choose as many persons out of the principal freeholders, inhab- 
itants of our said Province, as will make up the full number of 
the Council to be seven and no more, which persons, so chosen 
and appointed by you, shall be to all intents and purposes our 
Councillors in our said Province, till cither they are confirmed 
by us, or till, by the nomination of other Councillors by us, un- 
der our sign manual and signet, the said Council hath above 
seven persons in it, and our will and pleasure is, that every 
member of our said Council, suspended by you or displaced by 
us, shall be incapable during such vacancy, and after being so 
displaced, to be a member of the General Assembl}', and we do 
hereby give and grant unto you full power and authority, with 
the advice and consent of our said Council from time to time. 



436 PROVINCE PAPERS. [1682. 

as need shall require, to summon and call General Assemblies of 
the freeholders within your government, in such manner and 
form, as, by the advice of our said Council, you shall find most 
convenient for our service and the good of our said Province, 
U7itil our pleasure shall he further known therein ; and our will 
and pleasure is that the persons thereupon duly elected, by the 
major part of the freeholders, and being so returned and hav- 
ing before their sitting taken the oaths of allegiance and suprem- 
acy, which you shall commission fit persons under the public 
seal to administer, and without taking which none shall be 
capable of sitting, though elected, shall be called and held y^ 
General Assembly of y* Province. 

And that you, the said Edward Cranfield, by and with the 
advice and consent of our said Council and Assembly, or the 
major part of them respectively, have full power and authority 
to make, constitute, and ordain laws, statutes and ordinances 
for the public peace, welfare and good government of our said 
Province and plantation, and of the people and inhabitants 
thereof, and such others as shall relate thereto, and for the 
benefit of us, our heirs and successors, which said laws, statutes 
and ordinances, are to be near as conveniently may be agreea- 
ble unto the laws and statutes of this our kingdom of England : 
Provided, that all such laws, statutes and ordinances, of what 
nature and kind soever, be within three months or sooner after 
the making of the same, transmitted unto us, under the public 
seal, for our allowance and approbation of them, as also dupli- 
cate thereof, by the next conveyance, and in case all or any of 
them, being not before confirmed by us, shall at any time be 
disallowed and not approved and so signified by us, our heirs 
and successors under our or their sign manual and signet, or by 
order of our or their privy council unto you, the said Edward 
Cranfield, or to the Commander-in-Chief of our said Province for 
the time being, then such or so many of them as shall be so dis- 
allowed and not approved shall from thenceforth cease, deter- 
mine and be utterly void and of none efiect, any thing to the 
contrary thereof notwithstanding; and to the end nothing may 
be passed or done by the said Council or Assembly to the preju- 
dice of us, our heirs or successors, we will and ordain that 
you, the said Edward Cranfield, shall have and enjoy a nega- 



1682.] CRANFIELD's COMMISSION. 437 

tive voice in the milking and passing of all laws, statutes and 
ordinances, as aforesaid, and that you shall, and may, likewise, 
from time to time, as you shall judge necessary, prorogue and 
dissolve General Assemblies, as aforesaid ; and our will and 
pleasure is, that you shall and may keep and use the public 
seal already appointed for that Pi'ovince ; and we do further 
give and grant unto you, the said Edward Cranficld, full power 
and authority from time to time, and at any time hereafter, by 
yourself, or by any other to be authorized by you in that 
behalf, to administer and give the oaths of allegiance now 
established within this our realm of England, to all and every 
such person and persons as you shall think fit, who shall at 
any time or times pass unto the said Province, or shall be res- 
idents or abiding there; and we do hereby give and grant 
unto you full power and authority to erect, constitute and 
establish such and so many courts of judicature and public 
justice within the said province and plantation within your 
government, as you and they shall think fit and necessary for 
the hearing and determining of all causes, as well criminal as 
civil, according to law and equity; and for awarding of execu- 
tion thereupon, with all reasonable and necessary powers and 
authorities, f^es and privileges belonging unto them; and we 
do here authorize and empower you to constitute and appoint 
judges, justices of the peace, sheriffs, and other necessary offi- 
cers and ministers in our said Province, for the better adminis- 
tration of justice and putting the laws in execution, and to ad- 
minister such oath or oaths as you shall find reasonable for the 
due execution and performance of offices, places and charges, 
and for the cleai'ing of the truth in judicial causes. And we do 
hereby give and grant unto you full power and authority* 
where 3-0U shall see cause, and thereupon shall judge any 
offenders in criminal matters, or for any fine or forfeitures, 
due unto us fit objects of our mercy, to pardon and remit all 
such offenders' fines or 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. 



438 PROVINCE PAPERS. [1682. 

And it is our will and pleasure, and we do hereby expressly 
declare, that it shall and may be lawful from time to time, and 
for all and every person and persons who shall think him or 
themselves aggrieved by any sentence, judgment, or decree 
pronounced, given, or made within our said Province, in, about, 
or concerning the title of any land or other real estate, or in 
an}'' personal action or suit above the value of fifty pounds 
and not under, to appeal from such judgments, sentence and 
decree unto us, our heirs and successors, and our or their privy 
councillors ; but with and under this caution and limitation, that 
the appelants shall first enter into and give good security to pay 
such costs and charges as shall be awarded by us, in case the 
first sentence be confirmed ; and provided, also, that execution 
be not suspended by reason of any such appeal unto us. And 
our further will and pleasure is, and so we do hereby declare, 
that in all criminal causes where the punishment to be inflicted 
on offenders shall extend to loss of life or limb, the case of wil- 
ful murder only excepted, the 'partj' convicted shall either be 
sent over into this our kingdom of England, with a true state 
of his case and conviction, or execution shall be respited until 
the cause shall be here represented unto us, our heirs and suc- 
cessors, in our or their privy council, and orders sent and 
returned therein; and we do hereby-give and grant unto you, 
the said Edward Cranfield, by yourself, your captains and 
commanders by you to be authorized, full power and authority 
to levy armies, muster, command, or employ all persons what- 
soever, residing within our said Province of New-Hampshire, 
and as occasion shall serve them, to transfer from one place to 
another, for the resisting and withstanding all enemies, pii-ates 
and rebels, both at land and sea, and^^to transport such officei'S 
to any of our plantations in America as occasion shall require 
for the defence of the same, against the invasion or attempt of 
any of our enemies, and them, if occasion shall require, to pur- 
sue and prosecute, in or out of the limits of our said jjlantations, 
or any of them; and if it shall please God them to vanquish, 
apprehend, and take, and being taken, either according to the 
law of armies, to put to death or to keep and presei-ve alive, at 
your discretion, and to execute marshal law in time of invasion 
insurrection, or war, and during the continuance of the same, 



1682.] CRANFIELD's COMMISSION. 439 

and to do and execute all and every other thing which to a 
captain-general doth or ought of right to belong, as fully and 
amply as any of our captains-general doth or hath usually done. 
And we do hereby give and grant unto you full power and 
authority by and with the advice and consent of our said coun- 
cil to erect, raise and build in our Province and plantation 
aforesaid, or any part of it, such and so many forts, platforms, 
castles, cityes, boroughs, towns and fortifications, as by the ad- 
vice 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 convenient ; and if any invasion shall at any time hap- 
pen, or other destruction, detriment or annoyance be made or 
done by Indians or others, upon or unto our good subjects, 
inhabiting within our said Province of New-Hampshire, we do 
by those presents, for us, our heirs and successors, declare, 
ordain and grant that it shall and may be lawful to and for our 
subjects so commissionated by j^ou, from time to time, and at all 
times, for their especial defence and safety, to encounter, expel, 
repel and resist by force of arras and all other fitting ways and 
means whatsoever, all and every such person or persons as shall 
at any time hereafter attempt or enterprise the destruction, 
invasion, detriment or annoyance of any of our said loving sub- 
jects or their plantation or estates; and above all things, we 
do, by these presents, will, require and command you to take 
all possible care for the discountenance of vice and encourage- 
ment of virtue and good living, that by such example the infi- 
dels may be incited and desire to partake of the Christian relig- 
ion ; and for the greater ease and satisfaction of our said loving 
subjects in matters of religion, we do hereby will, require, and 
command that liberty of conscience shall be allowed unto all 
Protestants, and that such especially as shall be conformable 
to the rites of the Church of England, shall particularly be 
countenanced and encouraged. 

And for supporting the charge of the government of our said 
Province of New-Hampshire our will and pleasure is, and we 
do, by these presents, authorize and require you and our said 



440 PROVINCE PAPERS. [1682. 

Council to continue such taxes and impositions as have been 
and are now levied and imposed upon the inhabitants thereof, 
and the same be levied and distributed to those ends in the best 
and most equal manner that can be until a General Assembly of 
our said Province shall have considered and agreed upon the 
fittest ways for raising of taxes in such proportions as may be 
requisite for defraying the charge of the government; and it is 
our further will and pleasure that all public monyes raised or 
to be raised within our said Province be issued out by wari'ant 
from you, by and with the advice and consent of the Council, 
and disposed by you for the support of government and not oth- 
erwise, and you are to exercise all powers belonging to the place 
and office of vice-admiral of and in all the seas and coasts 
belonging to your government according to such commission, 
authority and instruction as you shall receive from our dearest 
brother the Duke of York, or High Admiral of our foreign plan- 
tations, or from our High Admiral or commissioners for exe- 
cuting the office of Lord High Admiral of our foreign planta- 
tions for the time being; and we do give you power to appoint 
fairs and markets according as you, with the advice of the 
Council, shall think fit, and we do hereby give and grant unto 
you full power and authority to appoint within our said prov- 
ince and plantation under your government such and so many 
ports, harbors, bays, havens, and other places for the conven- 
ience and security of shipping, and for the better loading and 
unloading of goods and merchandise, in such and so many 
places as by you, with the advice and consent of the said Coun- 
cil, shall be thought fit and convenient, and in them or any of 
them to erect, nominate and appoint custom-houses, ware- 
houses, and officers relating thereunto, and them to alter, 
change, place or displace from time to time as with the advice 
aforesaid shall be thought fit; provided, always, that all due 
obedience be given to the several acts of Parliament made with- 
in this our kingdom of England, and to the i-ules and methods 
presci'ibed thereby for the security and encouragement of trade 
and navigation ; and we do hereby require and command all 
officers and ministers, civil and military, and all other inhabi- 
tants of our said province and plantation under your govern- 



1682.] CRANFIELD's COMMISSION. 441 

ment, to bo obedient, aiding and assisting unto you tho said 
Edward Cranfield, in tho execution of this our commission, and 
of tho powers and authority therein contained. 

And wo do hereby further give and grant imto you full 
power to constitute and ai)point, and commissionato any fit 
person to be your deputy within our said Province under your 
command, whom we do order and appoint to be of our Coun- 
cil, and do hereby grant unto him full power and authority 
to do and execute whatsoever ho shall be by you authorized 
and appointed to do, in pursuance of and according to the pow- 
ers and authorities granted unto you in this our commission ; 
and we do likewise authorize and impower you to remove and 
displace such deputy appointed by you as you shall choose ; 
and in case you shall happen to die, and there be no other per- 
son upon the place comniissionated by us to be Commander-in- 
chief, our will and pleasure is that the then present Council of 
New-Hampshire do take upon them tho administration of the 
government and execute this commission, and the several pow- 
ers and authorities herein contained, and that such councillor 
who shall be at the time of your death residing within our Prov- 
ince of New-Hampshire, and nominated in this our commission 
before any other at that time residing there, do preside in our 
said Council, with such powers and preheminensesas any former 
president hath used and enjoj^ed within our said Province, and 
if there be no deputy appointed by you or other person upon 
the place comissionated by us to be commander-in-chief, our 
will and pleasure is that our said Council shall likewise take 
upon them the administration of the government until you 
shall arrive at our said Province. 

And whereas several of the inhabitants of the said Province 
of New-Hampshire have been some time, and now are, in tho 
possession of several quantities of land, and are said to have 
made considerable improvements thereon, having no title for the 
same, or such pretended title only as hath been derived from the 
government of Massachusetts J>ay, in virtue of their imaginary 
line, which title, as it hath, by the opinion of our judges in Eng- 
land, been altogether sot aside, so the agents duly empowered 
by our said colony of the Massachusetts Bay have consequently 
disowned any right, either iii the soil or government thereof, 



442 PROVINCE PAPERS. 1682.] 

from the three miles line aforesaid, and it appearing unto us 
that the ancestors of Robert Mason, Esq., obtained grants from 
our great Council, established of Plymouth, for the tract of land 
aforesaid, and were at very great expense upon the same, until 
molested and finally driven out, which hath occasioned a last- 
ing complaint for justice by the said Robert Mason, ever since 
our restoration; however, to prevent in this case any unrea- 
sonable demands which might be made by the said Eobert 
Mason for the right he claimeth in said soil, we have obliged 
the said Eobert Mason, under his hand and seal, to declare that 
he will demand nothing for the time past, until the four-and- 
twentieth day of .Tune, which was in the year of our Loi'd God 
one thousand six hundred seventy and nine, nor molest any in 
their possession for the time to come, but will make out titles 
to them and their heirs forever, provided that they will pay 
unto him, upon a fair agreement, in lieu of all other rents, six- 
pence in the pound, according to the just and true yearly value 
of all houses built by them, and of all lands, whether gardens, 
orchards, arable or^pasture, which have been improved by them, 
which he will agree shall be bounded out unto every of the par- 
ties concerned, and that the residue may remain unto himself, 
to be disposed for his best advantage; but if, notwithstanding the 
said overture from the said Robert Mason, which seems to be 
fair unto us, any of the inhabitants of the said Province of New- 
Hampshire shall refuse to agree with the said Robert Mason 
or his agents, upon the terms aforesaid, our will and pleasure 
is, that you shall have power, and you are hereby empowered 
to interpose and reconcile all differences, if you can, that shall 
or may arise between the said Robert Mason and the said in- 
habitants; but if you cannot, then we do hereb}^ command and 
require you to send into England such causes, fairly and impar- 
tially stated, together with your opinion and reasons upon the 
same, that so we, our heirs and successors, by and with the ad- 
vice of our and their privy council, may determine therein, ac- 
cording to right; and lastly, we do hereby declare and appoint 
that you, the said Edward Cranfield, shall and may hold, exe- 
cute and enjoy, the ofiice and place of our Lieutenant-Governor 
and Commander-in-Chief, in and over our Province and Plan- 
tation of New-Hampshire, together with all and singular the 



1682.] CRANFIELD'S COMMISSION. 443 

powers and autlioriLies hereby granted unto you, for and dur- 
ing our pleasure; aud wc do hereby further declare our vvill 
and pleasure to bo, that our commission, bearing date the eigh- 
teenth day of September, one thousand six hundred seventy- 
nine, do from thenceforth cease, determine, and become ut- 
terly void. 

In witness whereof we have caused these our letters to be 
made patents. 

Witness ourself, at Westminster, the ninth day of Ma}^, in 

the four-and-thirtieth year of our reign. 

Barker. 



Instructions to Edward Cranfield. 

1. You are not to suffer any public money whatsoever to bo 
issued or disposed of otherwise than by a warrant under yonv 
hand ; but the Assembly may be nevertheless permitted, from 
time to time, to view and examine the accounts of money or 
value of money disposed of by virtue of such laws as they 
shall make, which you are to signify unto us, as occasion shall 
serve. 

2. And you shall observe, in the framing and passing of 
laws, that no tines, forfeitures and penalties be mentioned 
therein, to be appointed or become payable, otherwise than to 
us, our heirs and successors, for the support of the government 
and to the informer, except in special cases. 

3. And it is our express will and pleasure that all laws 
whatsoever, for the good government and support of our said 
Province of New-Hampshire, be made indefinite, and without 
limitation of time, except the same be made for a temporary 
end, and which shall expire and have its full effect within a 
certain term. 

4. And, therefore, you shall not re-enact any law which shall 
be once enacted by 3'ou, except upon very urgent occasion; 
but in no case more than once without our express consent. 

5. You are, upon calling a meeting of the Assembly, to 
nominate and appoint a fit person to serve you as 3'our clerk; 
and you are to take care that ho do furnish you with copies 
of all votos, orders aud proceedings of the x\ssembly, as often 



444 PROVINCE PAPERS. [1682. 

as you shall see cause, which you shall transmit unto us and 
our committee of trade and plantations by the first opportu- 
nity, and duplicates by the next conveyance. 

6. And whereas we think it fit, for the better administration 
of justice, that a law be passed in the Assembly wherein shall 
be set the value of monyes, estates, either in goods or lands 
under which they shall not be capable of serving as jurors, 
our pleasure is, that the first opportunity, you prepare and 
enact one to the purpose. 

16th King Charles the First, in the Statute Book, page 1108, 
section the 5th : — 

Be it likewise declared and enacted by the authority of 
this present Parliament, that, neither his Majesty nor hia 
Privy Council have, or ought to have, any jurisdiction, power, 
or authority by English bill, petition, articles, libel, or any 
other arbitrary way whatsoever, to examine or draw into 
question, determine, or dispose of the land, tenements, here- 
ditaments, goods, or chattells, or any of the subjects of this 
kingdom j but that the same ought to be tried and determined 
in the ordinary course of justice, and by the ordinary course of 
the law. 



New-Hampshire. 

Laws made by the Honorable, the Governor, with the advice 
and consent of the Council and General Assembly, held at 
Portsmouth the 14th of November, 1G82. 

1. Be it enacted by the Governor, by and loith the advice and 
consent of the Council and Assembly, and it is hereby enacted 
by the authority aforesaid, that justice and right be equally 
and impai'tially administered unto all men, not sold, denied, 
or carelessly deferred unto any. 

2. Be it enacted, &c., That whosoever shall commit adultery 
with a married woman, or one betrothed to another man, both of 
them shall be fined: namely, ten pounds apiece; and shall 
wear two capital letters ; namely, A D, cut out in a cloth and 
sewed upon their uppermost garments, on their arm or back J 



1682.] PROVINCE LAWS. 445 

and if, at any time, any person so offending shall appear with- 
out the said letters, he or she shall be liable to pay a fine of 
five pounds as often as the offender shall be so found. 

3. Be it enacted, &c., That if any man commit fornication 
with any single woman, they shall both be punished by paying 
each a fine not exceeding five pounds; and in case any com- 
mit carnal copulation after contract, before marriage, they 
shall be amerced fifty shillings apiece. 

4. Forasmuch as many persons of late years have been 
and are apt to be injurious to the lives and goods of others, 
notwithstanding all laws and means to prevent the same, it is 
therefore enacted, &c., that if any person commit burglary by 
breaking open any dwelling-house, warehouse, or shall forcibly 
rob any person in the field or highways, such offenders shall, 
for the first offence, be branded on the right hand with the 
letter B, or R; and if he shall offend in the like kind a second 
time, he shall be put to death, or otherwise grievously pun- 
ished, as the court shall determine. 

6. Be it enacted, (tc., That if any person in this Province shall 
be legally convicted of stealing or purloining horses, cattle, 
money, or other goods of any kind, he shall be punished by 
restoring three-fold to the party wronged, and a fine not 
exceeding twenty shillings, or coi'poral punishment, to be 
inflicted as the nature or circumstance of the case may require. 

6. Be it enacted, d-c, That whosoever shall steal, or attempt 
to steal, any ship, barkue, or vessel of burden, or any public 
ammunition, shall be severely punished, according to the nature 
of such a fact, provide it extend not to life or limb. 

7. Be it enacted, &c., That whosoever shall profane the sacred 
and blessed name of God, by vain swearing or cursing, shall 
pay a fine often shillings, or be set in the stocks an hour. 

8. Be it enacted, &c., That if any person, being sixteen years 
of age or upward, shall wittingly or willingly make or publish 
anj' lie, which may tend to the damage or hurt of any partic- 
ular person, or with intent to deceive or abuse the people with 
false news or reports, he shall be fined for every such offence 
ten shillings, or sit an hour in the stocks. 

9. Be it enacted, &c., That whosoever shall be found drunk 
shall pay a fine of ten shillinngs, or sit an hour in the stocks ; 



446 PROVINCE PAPERS. [1682. 

and whosoever shall drink to excess, so as thereby to disguise 
himself, discovering the same by speech or behavior, he shall 
pay a fine of three shillings and four pence, or sit in the stocks 
half an hour. 

10. Be it enacted, &c., For prevention of the prophanation of 
the Lord's day, that whosoever shall, on the Lord's day, be 
found to do unnecessary servile labor, travel, sports, or fre- 
quent ordinaries in time of public worship, or idly straggle 
abroad, the person so offending shall pay a fine often shillings, 
or be set in the stocks an hour; and for discovery of such per- 
sons it is ordered that the constable, with some other meet 
person whom he shall choose, shall, in the time of public 
worship, go forth to any suspected place within their precincts, 
to find out any offender as above, and when found to return 
their names to some justice of the peace, who shall forthwith 
send for such offender, and deal with him according to law. 

11. Be it enacted, &c., That whosoever shall speak contempt- 
uously of the scriptures, or holy penmen thereof, shall be 
punished by fine not exceeding five pounds ; and whosoever 
shall behave himself contemptuously toward the word of God 
preached, or any minister thereof, called and faithfully dispens- 
ing the same in any congregatio:*, either by manifest inter- 
rupting of him in his ministerial dispensation, or falsely 
chai'ging him with teaching error; such offender shall pay a 
fine of 20s., or sit two hours in the stocks. 

12. Be it enacted, &c., That if any person do willfully and on 
purpose, burn down any man's fence, he shall make good the 
damage to the party wronged, and be amerced forty shillings, 
and be bound toy* good behavior for six months, 

13. Be it enacted, &c., That whosoever shall willfully pluck 
up, remove, or defiice any landmarks or bounds, between 
party or party, that hath been or shall be orderly made or set 
up, by persons thereunto appointed in the several towns, ho 
or they shall be fined not exceeding five pounds for such offence. 

14. Forasmuch as sundry dissolute persons are too i-eady to 
run into y* transgression of such laws, unto which fines are 
annexed, and perhaps are so indigent as the paying of fines may 
be very injurious to themselves and families; be it therefore 
enacted, that every person so offending, not having five pound 



1682.] PROVINCE LAWS. 447 

ratable estate, according to the valuation stated by law ; or 
parents, or master or masters under whose government they 
are, that will forthwith pay the fine, shall be liable to be whipt : 
viz., for an offence where the fine docs not exceed twenty 
[ten] shillings, 5 stripes; where the fine doth not exceed twen- 
ty shillings, ten stripes; whei-e the fine doth not exceed five 
pound, twenty stripes ; and where the fine doth not exceed ten 
pound, thirty stripes or upward, not exceeding forty stripes. 

15. Be it enacted, &c., That if any constable shall fail to clear 
his Province rates within his year, or such time as shall be lim- 
ited him by the trustees or overseers of the town, he shall be 
liable to have his estate distrained, by warrants from the treas- 
urer directed to the marshal of the province, for the sum not 
gathered, and for all town rates made and committed to the 
constable, by the trustees or overseei-s of the town, to be col- 
lected within the time limited, the constable failing of his duty 
herein shall be liable to have his estate distrained, by warrant 
from the trustees, or overseers, directed to the marshal, for the 
sum not gathered. 

And where the constables of the several towns are enjoined 
to clear their rates, on penalty of making good the same out 
of their own estates, it is ordered, that if any person or persons 
within this Province, rated, shall refuse to pay his rate or rates, 
and discover his own estate to the constable, he shall have 
libei'ty to seize the person and carry him to the next prison, 
there to remain till he pay the same, or give good security so 
to do. 

IG. For defraying the present charges arisen in the several 
towns, for the support of the ministers of the gospel, as also 
for payment of the necessary expenses of the Assembly men 
of each town, during their sitting, and other necessary occa- 
sions relating to the town; 

17. Be it enacted, <fr.. That the trustees or overseers, hitherto 
called selectmen, in the respective towns where they live, do 
make such rates upon all persons and estates in the several 
towns, to bo forthwith collected by the constable, as may 
answer the occasions aforesaid, until further orders, that par- 
ticular care be taken with reference to all arrearages of rates, 
that the same may bo forthwith collected and paid to the per- 
son to whom they are due. 



448 PROVINCE PAPERS. [1682. 

18. For defraying the public charges of the Province, be it 
enacted, &c., that a rate be made of four pence in the pound, 
upon all persons and estates within the Pi-ovince, according to 
valuation thereof Jast set, and that the trustees or overseers 
in the several towns do forthwith eifect it, committing the 
same into the hands of the respective constables, to be collect- 
ed and transmitted into the hand of the Province treasurer, 
in the species at the prices following : viz. 

Mer'ble pine boards at any convenient 

landing place in Piscataqua river, at 26s. p. M. 

Ditto white oak pipe staves, at any con- 
venient landing, where the constable 
shall appoint, 

Ditto red oak pipe staves, ut supra, 

Beafe, 

Poarke, 

Indian corne, 

Wheate, 

Pease, 

Malte, 

ffish, 

19. And whosoever will pay their rates in money shall be 
abated one third part : The said rate being paid into the 
treasury, that comes not in money, to be converted into 
money, and applied to the uses following : viz., a present of 
two hundred pounds, in money, to our honored Governor, as 
soon as the said rate can be collected and converted into 
money, and the remainder to answer any other province 
[purpose ?] that doth and may arise. 

20. For bringing plenty of money into the Province, by put- 
ting a value on foreign coin, be it enacted, &c., that the several 
sorts of foreign coin herein after named, shall pass here in all 
payments at the value here set iipon them; that is to say, the 
price of eight ryalls of Spain, or dollars of Seville, Mexico, and 
pillar and all lesser pieces, provided they be good silver, at six 
shillings eight pence pr. the ounce, Troy weight, provided that 
all monyes payable upon former conti-acts be paid in specie, 
according to agreement. 



/ 



at 506 


r. p. 


M. 


at 85« 


t. p. 


M. 


at 2d. 


per 


•lb. 


at 3(Z. 


per 


•lb. 


at 3s. 


per 


bush'll, 


at 5s. 


per 


bush'll. 


at 4s. 


per 


bush'll, 


at 3s. 


per 


bush'll, 


at pri 


ce current. 



1682.] CRANFIELD'S ADMINISTRATION. 449 

21. Whereas a bill was lately passed for regulation of the 
choice of jurors, assembly men, trustees, or overseers for the 
respective towns, and it appearing that the manner of choice 
of jurors therein expressed is absolutely contrary to the known 
laws and statutes of the kingdom of England, Be it there- 
fore enacted by the Honorable Edward Cranfield, Esq., Lieu- 
tenant Governor and Commander-in-Chief of his Majesty's 
Province, with the advice and consent of the Council and Gen- 
eral Assembly thereof, and it is hereby enacted by the author- 
ity aforesaid, that the clause in the said bill relating to the 
choice of jurors be repealed, and that for the future, jurymen 
shall be empaneled by the sheriff or marshal of the Province 
for the time being, and summoned and returned to the court of 
pleas, as it is customary in England and all other his Majesty's 
plantation ; and whosoever is legally returned of the jury, and 
appears not, and this appears by the oath of the marshal, shall 
pay twenty shillings for this default, unless sickness or other 
necessity prevent, such as shall give the judge satisfaction. 

22. That no person may be a loser through the officer's neg- 
lect, Be it enacted that no marshal, constable, or other officer, 
shall bail any person that he hath attached, without sufficient 
security : viz., one or more that is settled inhabitants in 
the Province, and that hath a visible estate to be responsible 
according to the bonds required, provided no man's person be 
imprisoned that shall tender to the officer sufficient security 
by his own estate to answer the attachment, unless in such 
case where the law allows neither bail nor main-prize. 

23. Be it enacted, &c., That any person who is plaintiff in any 
court within this province shall have liberty at any time before 
verdict given to withdraw his action, in which case he shall pay 
full costs to the defendant. 

24. Be it enacted, d-c, That if any person do make deftiult of 
appearance in any court where he is plaintiff, having been three 
times distinctly called by the mar.shal or other officer appoint- 
ed thereto, he shall be nonsuited and liable to pay the defend- 
ant costs ; and if the defendant fail to make his appearance, if 
it appears by the process that goods were attached, or surety 
or sureties bound for his appearance, after the surot}' hath been 

29 



450 PROVINCE PAPERS. [1682. 

three times called, the cause shall proceed to trial ; and if judg- 
ment be given for the plaintiff, execution shall issue forth 
against the defendant, and the surety or goods attached shall 
stand good for a month after judgment ; but if the execution 
be not levied within one month after judgment, the goods at- 
tached or sureties shall be discharged. 

25. Be it enacted, &c., That every justice of the peace in the 
respective towns where he dwells shall have j)ower hereby to 
hear and determine any civil action where the debtor's damages 
exceed not forty shillings, provided attachments and summons 
are made out or signed by the clerk of the court of pleas for 
the time being; and it shall be lawful for the party aggrieved 
by such determination to appeal to the next court of pleas, or 
to the Governor and Council, giving security to prosecute such 
appeal, and abide the order therein. 

26. Be it enacted, &c., That all summons and attachments shall 
be served six days before the court where the case is to be tried, 
and the cause or grounds of the action shall in the said process 
be briefly declared, and in what capacity the plaintiff sueth, 
whether in his own name, or as assignee, guardian, executor, 
administrator, agent, or such like, or in defect thereof, if ex- 
ception be taken before parties join issue, it shall be counted a 
legal bar, and the plaintiff shall be liable to pay cost, but no 
circumstantial errors in a summons or attachment where the 
person and cause intended may be rationally understood, shall 
be taken as a sufficient ground for a nonsuit. 

27. Be it enacted, &c., That any person attached, desii'ing to 
prevent further charge, shall have liberty, at any time before the 
sitting of the court where he is to answer, upon notice given 
to the plaintiff or his attorney, to appear before the judge and 
clerk of the said court and acknowledge judgment, which shall 
stand good and valid in law, provided that the goods attached 
or sureties bound shall not be discharged till a month after the 
acknowledgment of such judgment, unless the creditor give 
under his hand that he is satisfied; provided, also, such 
acknowledgment of judgment, by any person or persons not 
inhabiting within this province, shall not free them unless they 
produce a sufficient surety that he is a settled inhabitant with- 



1682.] CRANFIELD'S ADMINISTRATION. 451 

in the limits of this Province, to engage with him or them in 
the acknowledgment of the said judgment and execution, to 
stand good against the surety for a full month after. 
Vera Copia from the original laws. 

Attest: Richard Chamberlain. 



The King's order concerning Mason's Claim. 

[Prov. Eec, li. 1, p. 47.] 
Charles E. 

Trusty and well beloved : We greet you well. There having 
been long depending before me the petition and complaint of 
our trusty and well beloved subject, Eobert Mason, Esq., rep- 
resenting the great hardships and injuries he has for many 
years suffered by being opposed in the prosecution of his right 
by our corporation of the Massachusetts Bay, and by them 
wrongfully kept out of possession of a tract of land lying 
between the rivers of Naumkeag and Merrimack, and three 
miles northward thereof, granted unto him by virtue of letters 
patent from our royal grandfather, of blessed memory ; and 
whereas we have received the opinion of our attorney and 
solicitor general, that the said Eobert Mason, who is grandson 
and heir of John Mason, has a good and legal title to the lands 
conveyed to him by the name of the Province of New-Hamp- 
shire, whereupon we were pleased to refer the matter in differ- 
ence between our said corporation and the complainant unto 
the Lords Chief Justices of our court of King's Bench and 
Common Pleas, who have presented us with their report, set- 
ting forth that all parties appearing before them, William 
Houghton and Peter Buckley, Esqs., your messengers and 
agents, had disclaimed title to the lands claimed by the peti- 
tioner, and that it appearing to them that the said lands were 
then in the possession of several other persons, not before them, 
so they deemed it most proper to direct the parties to have 
recourse to the judicature settled upon the place for the deci- 
sion of any question of property, until it should appear that 
there is just cause of complaint against our courts of justice 
there, for injustice or grievancy : To the end, therefore, that 
justice may be administered with the most ease and the least 
expense to all the said parties who shall see cause to defend 



452 PROVINCE PAPERS. [1682. 

their respective titles, we have thought it fit hereby to signify 
our pleasui'e unto you, that the said Robert Mason be forth- 
with admitted to prosecute his right before the courts of judi- 
cature established within the limits of that, our corporation, 
and that in all cases where the said Robert Mason shall claim 
any improved lands and that the shall dispute his 

right, a trial at law may be , wherein no person 

who has any lands in the servants or tenants under 

him , which shall be so [Imperfect]; and 

if it shall so happen that the dispensation of justice hereby 
directed shall be delayed by you, or such judgment given 
wherein the said Robei-t Mason shall not acquiesce, he may 
then appeal unto us in our Privy Council, and that all persons 
concerned be obliged to consider such appeal within the term 
of six months after the same shall be made. And forasmuch 
as your said messengers have, in your name, disclaimed before 
the Lord Chief Justice as aforesaid all title to the lands claimed 
by the said Robert Mason, our further will and pleasure is, 
that in case the said Robert Mason shall lay claim to any par- 
cel of lands situate within the bounds aforesaid, which are not 
improved or actually possessed by any particular person or 
tenant in his own right, you can therefore proceed to put the 
said Robert Mason into possession of those lands, and cause his 
title to be recorded, so that he may not receive any further 
disturbance thereupon. 

And in case you shall refuse so to do, and shall not show 
good cause to the contrary within the space of six months 
after demanding the possession so to be made by the said Rob- 
ert Mason, we shall then, without further delay, take the 
whole cause of the said Robert Mason into our consideration in 
our Privy Council, with the damages sustained by him in rea- 
son thereof, and shall give judgment upon the whole matter, as 
in a case where justice has been denied. And to the end the 
said Robert Mason may not be any way hindered in the prose- 
cution of his- right, we do strictly charge and command you to 
secure him, his servants and agents, from all arrests and 
molestation whatsoever, during his or their abode within the 
limits of your jurisdiction, we having gi-anted him our royal 
pi'otection until the matters complained of by him shall be 



1683.] CRANFIBLD'S ADMINISTRATION. 453 

fully determined. And ho expecting your ready obedience to 
our commands, hereby' signified unto you, we bid you farewell. 
Given at our Court at Whitehall, the 23d day of June, 1682, 
in the four and thirtieth year of our reign. 

By his Majesty's command, 

L. Jenkins. 
Vera copia from the original. 

To our trusty and well beloved, the Governor and Company 
of our Colony of the Massachusetts Bay, in New-England. 



New- Hampshire in New-England. 

[Prov. Kec, B. 1, p. 77.] 
I, Eiehard Chamberlain, Esq., Justice of the Peace, for his 
Majesty's said Pi-ovince, do humbly testify, that Wni. Vaughan, 
Esq., of Portsmouth, in the said Province, and Eiehard Wal- 
dron, of Portsmouth aforesaid, merchant, on the first day of 
November instant, came to me to make oath in relation to Mr. 
Mason's conveyance (to the Governor) of this Province, which 
I Avas ready to take, having been appointed thereto by the 
Governor, according to the letter of the Right Hon'ble the 
Lords of the Committee for trade and plantations; and the 
- - - - copy is the matter and substance of what they said 
they would depose; save only the last words (but for what 
term they do not remember), which, because I told them was 
necessary to be inserted in their deposition, I having asked 
them (for y® clearing of truth) for what term y** conveyance 
was, and whether absolute or conditional, and they (or one of 
them) answering he had forgot. They both left the room 
immediately refusing to be sworn. And notwithstanding I was 
ready & made it my sole business, both to give the complain** 
copies of any Records or Papers in my custody, w*soever they 
should desire (and had so done to several of them) as also to 
take the depositions oi many of them summoned and near at 
hand, yet not one of them offered to be deposed as witnesses, 
but went away presently with the s*^ Vaughan & Waldron. 
Besides, they have not since made any complaint to the Gov"", 
nor proceeded to make any other proof And the Governor 
oi'dered me to tell them when they should come to me again, 



454 PROVINCE PAPERS. [1683. 

y* they should have copies of the above s^ conveyance to y^ 
Govern'' from Mr. Mason, for payment of £150 per an. for 7 
years toward his allowance, y* s*^ deed bearing date y^ 20th 
June, 1682. And the Govern'' doth remember, he told some 
of them the term for which the 8^ Mason conveyed the s** Prov- 
ince, was for one & twenty years. 

Indorsed — " Chamberlain's certificate concerning the oath 
tendered to Wm. Yaughan, &c., relating to Mason's conveyance 
to the gover"-, 1683." 



Fees of Court. 
[Prov. Kec, B. 1, p. 50.] 

To the judge, for every action, . 4s. 

To the assistants, each, 3s. 

To the prothonotary, or clerk, 2s. 6c?. 

To the provost marshal, Is. 

To each juryman, 6d. 

To the beadle, Qd. 
To every justice of peace for every action before him, 2s. 

For every execution thereon, 2d. 
To the treasurer, for entering of vessels, ships, 

sloops, &c.. Is. 

For clearing the same, Is. 
For all monies issued out and received, for every 

pound, Is. 

For copy of casket, Qd. 

To the captain of the fort, per annum, 201. 

For every vessel passing the fort. Is. 
To the auditor of the king's revenue, for every 

pound audited, 6d. 

To the secretary, per annum, 101. 

Upon a fine of a delinquent, 2s. 6d. 

Upon admonition, 2s. Gd. 

Eeasons of appeal, 25. 

Answers to reasons of appeal, 2s. 

Judgment conferred, 2s. 

For every probate of a will. Is. 



1683.] CRANFIELD'S ADMINISTRATION. 455 

For registering every deed, bill of Bale, bond, exe- 
cution, &c., as formerly Capt. Stileraan had. 

For copies (as formerly), every person, Is. 

For every attachment, Is. 

For every summons, Qd. 

For every execution, 25. 

For every ordinary petition to the Council or 

Court, l5. 

For every name more than one, 6^. 

For every petition to remit or mitigate a fine, &c., 2s. 

For every evidence filed, Bd. 

Attesting before the Council, &c., Is. 

Order of Council, Is. 

Copy of such order. Is. 

To the provost marshal, for every attachment, 2s. 

To the prison keepers, apiece, 41. 

To the provost marshal, for levying execution of 

10^. and under, in Portsmouth, per pound, Is. 

From 201. to 501., Qd. in the pound, besides the 

former lOZ., 6d. 

And for every pound levied above 50^. and under 

100?., for every pound above 50Z., 3d 

And for every 100?. and upwards, for every pound 

above 100?., he shall take, Id. 
Allowed by the Governor in Council, January 19, 1682-3. 

R. Chamberlain, Sect. 



BY THE GOVERNOR. 

Neiv-Hampshire. 

For prevention of disturbance by unlawful assemblies and 
meetings, such as we have too lately experienced, and such as 
may for the future arise to the terror of his Majesty's subjects 
within the said Province : Ordered, That the trustees or over- 
seers of the respective towns therein, or others, presume not 
to call any public meeting about any town business, or on other 
pretence whatsoever, without leave first obtained from the jus- 
tices or justice of the peace of the said respective towns, upon 



456 PROVINCE PAPERS. [1683. 

just representation of the necessariness of such town or public 
meeting, on such penalty as the law directs, to be inflicted 
upon unlawful assemblies. 

Dated the 3d day of March, 1682-3. 

Superscribed, To fAe Co7istable of Portsmouth. To be published. 



The deposition of Cobbit, aged about 30 years or thereabout, 
testifieth : that I, being in the house of my father-in-law, John 
Lewis, on Saturday night last, about nine or ten of the clock, 
that then Mr. Joseph Eaynes came in to the aforesaid house, 
who was kindly entreated to sit down, but having, as supposed 
a design to quarrel, began to abuse my father Lewis, and told 
him Mr. Mason was coming, and a governor with him, and now 
he should see Major Waldron and some of the rest turned out, 
and he hoped to have as much power as any man upon the 
island ; also, that here was a man come in this ship which 
would buy the whole island, and our houses over our heads ; at 
which my father Lewis laughed, and told him he should not 
take his house from him, nor no man else. To which said 
Raynes answered that he was a fool, and he had no more to do 
with his house than he had himself. But my father, not wil- 
ling to quarrel with him, desired him in loud to go out of his 
house to his lodgings, and not abuse him in his own house, 
saying if Mr. Mason was here himself he would scorn to say so 
much. But Mr. Eaynes told him he was a fool and a puppy, 
and he would not go out of the house for him, nor he would not 
hold his tongue, and gave him several abusive words; at which 
my father went to force him out, but said Eaynes took him by 
the hair of the head and pulled him to the ground. Then I 
presently stepped in between them to prevent any further mis- 
chief, though it happened otherwise, for my wife, being in a 
fright, held up her hands to defend the blows that were pass- 
ing, and received a blow which broke the thumb of her right 
hand, and it is feared by the surgeon that she will lose part of 
her thumb ; but with much to do I got him out of the house, 



1683.] CRANFIELD'S ADMINISTRATION. 457 

and shut the door, though ho would have fought himself in 
again, threatening mischief to those in the house. And further 
saith not. 

3d October, 1G82. Abigail Chandler made oath to all above 
written. 

Before me: ErjAS Stileman, Deputy President. 

The above said deponent, Thomas Cobbit, was sworn to the 
truth of the abovesaid deposition, before the Council, this 2d 

October, 1G82. 

Teste : Eichard Chamberlain, Secretary. 
[Court Papers, Keg. office.] 



[P. Rec, B. l,p. 48.] 

October 23, 1682. 

Ordered by the Governor, — That Richard Chamberlain, Esq., 
have the registering or recovering of all bills and deeds of sale, 
mortgages and bills, all which are hereby to be so recorded as 
perquisites and appertaining to his office of law and clerk of 
council; and also, that he be clerk of all the courts of judica- 
ture held within this Province, and have the entry of all actions, 
appeals, judgments, and the making of all process, writs of at- 
tachment, and other writs and executions, and do all other acts 
relating to the said courts, during the pleasure of the Governor, 

Vera copia from the Council book. 

Teste : R. Chamberlain, Secretary. 



[Prov. Rec., B. 1, p. 53.] 
To the Right Honorable Edward Cranfield, Esq.., his Majesty's 

Lieutenant and Governor for the Province of New- Hampshire, 
The i^etition of us, whose names are underwritten : 

Humbly sheweth — Whereas, we conceive it is the laudable 
custom of civil, and much more christian nations, to have ten- 
der resi^ect to the decrepit, by age, we, your Honor's humble 
petitioners, being sundry of us about and above seventy years 
of age, some of us above eighty, others near ninety, being past 
our labor and work, do crave that fiivor, if your Honor see 
meet, that we may be freed from head money, we being heart- 
ily' willing our estates should pay their proportion to all public 
charges, but we humbly crave our heads may be spared, since 



458 PROVINCE PAPERS. [1683. 

our hands can do so little for them. We also humbly suggest 
that some of us, that lived long in England, remember not that 
we paid any thing for our heads, though we did for our estates. 
All which we present to your Honor, craving pardon for our 
boldness ; and if your. Honor, out of your clemency, shall see 
cause to favor us in our request, we shall not cease heartily to 
pray for your Honor, and remain, 

Your aged and humble suppliants, 
John Marion, 
Christopher Hussey, 
Robert Smith, 
Henry Roby, 
Moses Cox, 
Thomas Masting, 
3Iorris Hobes, 
William Fifield, 
Godfrey Dearborn, 
William Fuller, 
John Redman, 
Thomas Sleeper, 
John Drown, 
Abraham Perkins, 
Isaiah Perkins, 
Thomas Leavitt, 
Anthony Tabor, 
Anthony Stanyan, 
John Clifford. 
Hampton, March 2d, 1683. 



[P. Rec, B. 1, p. 43.] 
The deposition of William Waldron : That on y® day Mr. 
Edward Gove was at Dover, he overtook me upon the road and 
asked of Joseph Beard what my name was. He answered, it 
was Waldron. He said there was none good of that name. 
He asked me what we thought the Governor would do with 
you? I answered, he would make honest men of them. I 
answered again, I did not know what he would make of him. 
Going along with him, he discoursed of his design, that he was 
minded to raise a party of men to stand out against the Gov- 
ernor. He had been at Exeter and Hampton, and he could 
find but sixteen or seventeen men that would stand out against 
him, and they would meddle of no side. Then I told him of a 



1683.] CRANFIELD'S ADMINISTRATION. 459 

Bcrmon that I heard of, that Mr. Jloody preached at Dover, 
and his text was, " In the time of adversity consider." I told 
him of a boy that went to an apothecary's shop to bu}" a penny 
wortli of wit. The apothccaiy man wrote him a paper : "con- 
sider before hand what will come after, and you will never do 
amiss." He said my counsel was good, but we have considered 
a fortnight's time already. He informed a man at the spring 
at the Hank, and when he heard the news he rejoiced at it as 
if it had been a man risen from the dead, or words to that 
effect. Afterwards I met with Mr. Peter Coffin at his own 
gate. He asked what news I heard. I answered him, you 
heard all the news by the man. He said he heard none. 
Asked me what I heard? I told him I understood by the man 
that he was minded to raise a party of men to stand out 
against the Governor. 3Ir. Coffin's answer was, Poh ! poh ! 
he would not believe it. Afterwards, being examined by Col. 
Waldron and Mr. Coffin, the colonel asked me why I did not 
come and inform him. I answered him I did not use to come 
to his house. Mr. Coffin was the next magistrate and I in- 
foi-med him. Mr. Gove did further say that the old officers 
should stand good and that the court should be kept at Dover, 

and other words to that effect. 

Will. Waldron. 

Sworn before the Governor and Council, March 3, 1682-3. 
By order : E. Chamberlain, CI. 



A letter from Edward Gove, in prison, to the Justices of the Court 

of Sessions. 

[Far. Bclk., pp. 99, 100.] 

From the Great Island in Portsmouth, in New-Hampshire, 
29 January, 1682-3. 

To the much hon'd Justices of the Peace, as you call your- 
selves by your indictment, in which eleven men's names sub- 
scribed : namely, Ed. Gove, John Gove, Jo. Wadly, John Wad- 
ly, Rob. Wadly, Ed. Smith, Will. Ely, Tho. Rawlins, John 
Sleeper, Mark Baker, John Young. Gentlemen, excuse me. 
I cannot petision you as persons in authority, by tho name of 
Justises of the peace, for now I am upon a serious account for 



460 PROVINCE PAPERS. [1683. 

my Life and the Life of those that are with me. Therefore 
pray consider well and take good advice of persons in Govern- 
ment, from whence you came. I pray God that made the 
Heavens, the earth, the sease, and all that in them is, to give 
you wisdom and courage in your places, to discharge such 
duty as God requires of you ; and secondly, I heartil}^ pray 
God to direct you to do that which our grasious king Charls 
the Second, of blessed memory, requires of you. Gentlemen, 
it may be I may be upon a mistake, but, according to what I 
know and believe, I am falsely indited, and I am abused not- 
withstanding by another Inditement, by being in irons, by 
Capt. Barefoot's ordei', which irons are called bilbose, exceed- 
ing large. Pray consider we are men like yourselves, made of 
the same earth, and I know who made the difference. 

And I verily believe that the holy righteous just God will 
have an account of 3'ou for your justis in this matter. Pray 
consider. When this last change was, I writ to one man in 
this Province. I tould him we were a happy people, if all was 
right in the Bottom. Time was that I said all was right in 
the bottom. I believed it, but now I see otherwise. AVho 
knows what shall be on the morrow ? Though it bee appointed 
a solemn day of fasting, I know that when it was appointed 
there was not the election of cries and tears that will appear 
when the day comes. If ever New-England had need of 
a Solomon, or David, or Moses, Caleb or Joshua, it is now. 
My tears are in my eyes. I can hardly see. 

Yet will I say I do believe how it will com. You and they 
with siths and groaues, must outdo the ministry. The Minis- 
try must endeavor to outdo you, but if you and they do 
any thing in hipocrisy, God will find you out, and deliverance 
will com some other way. 

We have a hard prison, a good keeper, a hard Captain, irons 
an inch over, five foot and several inches long, two men locked 
together; yet I had, I thank God for it, a very good night's 
lodging; better than I had fourteene or fifteene nights before. 
I pray God direct you and let me hear from you by a messen- 
ger that your Honors shall imploy, and consider I am your 
Honors' humbly servant, in all duty to be commanded. 

Edward Gove. 



1683.] CRANFIELD'S ADMINISTRATION. 461 

I know those that will have a blessing from God must 
endeavor to stand in the way of blessing. This doctrin I heard 
about 32 years ago. 

Edward Gove. 

Excuse anything wrote amiss, for the Lord's sake. I would 
you all were as I am, and as fitt to receive reward for innosency. 
I humbly beg your prayers to God in our behalfe. 

Edward Gove. 

If anything be amiss in what is written, let the subscriber 
bear the blame, for the rest are surprized with fear. 

Edward Gove. 

I humbly and hartily desire some of your Honors would 
speak to Mister Moody, to pi'ay to God in the behalf of all his 
poor prisoners, the world over, and espesially for us before 
named, the men of this Province, who 1}^ under heavy burdens. 

Edward Gove.* 

* One person, Edward Gove, a member of the Assembly, from Ilampton, 
endeavored in a half-ctazy manner to excite the people to arms, but how- 
ever much they were dissatisfied with the Government they had no sym- 
pathy with Gove's wild proceedings. His attempt failed entirely. He 
himself was brought to trial on an accusation of high treason. A special 
court was created 15 Feb'y, 1682-3, of which Waldron was Judge. Gove 
was convicted, being the first and last man convicted of high treason in 
the State of New-Hampshire, and the horrible sentence of the law was 
passed upon him by Major Waldron ; it is said that the Judge shed tears as 
he pronounced the sentence, which was as follows: " That he should be 
carried back to the place from whence he came, and from thence be drawn 
to the place of execution, and be there hanged by the neck and cut down 
alive, and that his entrails be taken out and burnt before his face, and his 
liead cut oft", and his body divided into four quarters, and his head and 
quarters disposed of at the king's pleasure," 

" Gove was not executed, but carried to England and confined in the 
Tower of London several years, when he was finally pardoned and per- 
mitted to return home, and his estate was restored to him. The house in 
which he lived, or .some portion of it, is still standing in Seabrook, form- 
erly a part of Hampton, and a pear tree, which tradition says he brought 
with him from England, is yet flourishing in a "green old age" on the 
premises. He did not live many years after his return, and alwa^'s con- 
tended that a slow poison had been administered to him while in prison. 
His descendants are numerous in Seabrook, Hampton, and other ])arts of 
the State." Hist. Mem., No. 110. A. H. Q. 



462 PROVINCE PAPERS. [1683. 

[Prov. Kec, B. 1, p. 58.] 

I, Edward Cranfield, in pursuance of the royal commission 
and instructions, do hereby pardon and remit unto John Gove, 
of Hampton, in the said Province, laborer, one of the persons 
convicted of high treason at the said court, held by special 
commission of oyer and terminer : viz., fhe first day of Febru- 
ary, hast past, in the year of our Lord God 1682, all his crime 
and offence of treasons and conspiracies, and all penalties and 
forfeitures for the same. 

Given under my hand and the seal of the Province, the 
day of in the six-and-thirtieth year of the reign of our 

sovereign lord, Charles the Second, king of England, &c., A. D. 
1683. 

The like pardon was granted under the Province seal to 
John Wadley, mutatis mutandis, and to Wilham Holy. 

The pardon of John Sleeper was to the same effect, only 
omitting these words (and all penalties and forfeitures). 



New-Hampshire. 
To Capt. Phillip Cromwell. 

Whereas you are commissioned to be captain of the foot 
company of Dover, you are hereby required and empowered 
to call together to your muster all such persons as have here- 
tofore mustered in the town of Dover, and all such other per- 
sons as you shall think fitting to bear arms, from the age of 
sixteen years to sixty years, and to distrain upon such as shall 
make default in neglecting to appear at the said muster upon 
due notice, according to law and custom. And for so doing 
this shall be your sufficient warrant. 

Given under my hand, at Great Island, the 9th of June, 1683. 
By order : K. Chamberlain. 



Deposition of Walter Barefoot. 
[Coll. N. H. Hist. Soc, II., p. 195.] 
In the latter end of February last, at which time our honor- 
able Governor, Edward Cranfield, Esq., resided at my house 
on the Great Island in Portsmouth, in the Province of New- 



1683] CRANFIELD's ADMINISTRATION. 463 

Hampshire, came "William "Walderne to my said house, and 
informed me his uncle Walderne was getting a party of men 
to come to said Island, and bid me to look to ourselves, by 
reason of a paper which our Governor had caused to be set up 
at Dover, concerning Mr. Mason's title. And at another time 
said William Walderne came as above to my house, and told 
mo it was reported at Dover he had taken an oath against his 
said uncle, and Mr. Pike came to him, said William, and chid 
him for so doing; to all which I affirm to be truth. The said 
"William Walderne did informe me all the above. Witness my 
hand this 80th of July, 1G88. 

"Walter Barefoote.* 

The above written "W^alter Barefoot was sworn to the truth 
of the above written, at the Quarter Sessions of the peace, held 
at Geat Island the 7th of August, 1683. 

R. Chamberlain, Clerk of the Peace. 



J^feiv-HamjysJw'e. 
[Prov. Rec, B. 1, p. 61.] 
By the Governor and Council. 

"Whereas the Parliament of England hath, for the good and 
welfare of his Majesty's said kingdom of England, in their 
wisdom thought fit to make good and wholesome laws for the 
encouragement of trade and navigation, and the inci'ease of 
shipping; by the means whereof the wealth, safety and 
strength of his Majesty's dominions are likewise increased; 
and for the better observation of these laws, his Majesty, out 
of his princely wisdom and care of his good subjects, the 
merchants and mariners, hath, in pursuance thereof, not only 
directed his royal proclamations to all his government, strictly 
requiring and commanding them to give due observance to 
the said laws, but particularly and frequently his letters to 
the colony of the Massachusetts Bay, for the regulation of the 
abuses in the premises : 

* This deposition is from the original, in the hund-writing of "Walter 
Barefoot. 



464 PROVINCE PAPERS. [1683. 

Notwithstanding all which the said colony have, instead of 
discountenancing all persons that have infringed the said laws 
and acts, protected and encouraged them in their illegal 
importations, and made their ports places of reception for all 
foreign prohibited commodities, not only as to what hath been 
consumed within their own jurisdiction, but by the sloops, 
under pretence of loading timber (which we find very injuri- 
ous to the trade in this Province), drawing all the ships to 
Boston, and thereby supplying all the neighboring colonies, 
totally to the discouragement of English merchants and mari- 
ners; and this by experience we know, having made seizure 
and condemnation of some prohibited commodities, coming 
from Boston. Now, forasmuch as the Governor and Council 
of his Majesty's said Province of New-Hampshire think our- 
selves in duty bound, not only to observe his Majesty's said 
laws ourselves, but also to use all the care and diligence to 
prevent the said abuses and discountenance them in others; 
we therefore, his Majesty's said Governor and Council, have 
thought fit, for the said reasons, of the breaking of the said 
acts of trade, and for the benefit of the same, and the advan- 
tages that will accrue to this Province, to restrain, and we do 
hereby restrain and prohibit the sloops and vessels coming 
from the colonies to the Massachusetts Bay, under the burthen 
of one hundred tun (unless allowed and licensed by the Gov- 
ernor, by a writing under his hand), from loading any boards 
or timber in this Province, under forfeiture of such sloops and 
vessels, from and after the first day of April next ensuing the 
date hereof. And for the encouragement of shipping and 
navigation of the merchants and seamen of England, it is 
hereby 

Ordered, That for the space of three years next to come 
(unless his Majesty shall please to make any alteration hereof), 
all vessels coming from all other his Majesty's plantations, of 
what burthen soever, shall have free liberty to load and carry 
away any boards, timber, or other commodities, to any other 
his Majesty's plantations, only pa3nng the usual rate for 
powder, as is and has been usually paid in Barbadoes. 

Dated the 22d of October, in the 35th year of the reign of 
our sovereign lord Charles the Second, king of England, A. D. 
1683. 



1683.] CRANFIELD'S ADMINISTRATION. 465 

[Prov. Rcc, B. 1, p. 54.] 

These are to certify, That upon my being made Governor of 
the Province of New-Hampshire, in New-England, his Majesty- 
was graciously pleased, by an order in Council, of the twenty- 
fifth of January, one thousand six hundred eighty and one, to 
the Lords Commission" of his Majesty's treasury, to make an 
augmentation to my allowance as Governor of the said Prov- 
ince; and among other things ordered Sir Robert Sawyer, 
Kt., his Majesty's attorney-general, and others of his Majesty's 
council, learned in the law, to settle as well all the fines and 
forfeitures, and one fifth part of the quit-rents was then 
fiurrendered to his Majesty in Council by Robert Mason, Esq., 
the proprietor of the said Province, by a gi'ant derived from 
his Majesty's royal grandfiither. The surrender was graciously 
accepted by his Majesty from the said Mr. Mason, as lawful 
proprietor of the said Province, and the deed was acknowl- 
edged and enrolled in his Majesty's high Court of Chancery. 

Given under n\j hand this twenty-fourth day of September, 
one thousand six hundred eighty-three. 

Edward Cranfield. 

Vera copia from the original. 

Teste : Eichard Chamberlain, Secretary. 



To the Honorable Deputy Governor and Council of the Province of 
New-Hampshire in New-England. 

Joseph Dow, of Hampton above said, wisheth all happiness, 
having received certain intelligence, since the last quarter 
sessions, that a bond formerly obliging me to appear at the 
Quarter Sessions held in May last, that the said bond Avas by 
some means or other continued to the quarter sessions, holden 
in August, and at the court declared to be forfeited; the 
which if it be so, it may tend to the utter undoing, both of 
myself, my wife and nine children; and I, verily believing that 
you are the persons that I was obliged to make my case known 
unto, that hereby you might have an opportunity to ease my 
just grievances, I shall, as briefly as T can, declare in truth 
and soberness my case, as it is, as followeth : 
80 



466 PROVINCE PAPERS. [1683. 

1. There was a complaint made against me and others 
at the Court of pleas last in March, as I remember by Edward 
Randolph, Esq. The said complaint he would not then pros- 
ecute, although I declared in court I was ready then to 
answer it. 

2. There was a bond written to bind me to appear at the 
Quarter Sessions in May, as the Secretary said, but it was not 
read to me, although I desired it to be read ; neither did I 
own said bond, nor was asked whether I would own it or not, 
by any body, and this I will affirm, in presence of God and 
before all men, is truth: Nevertheless, because I would give no 
occasion of offence, I appeared at the quarter sessions, and 
when I was called I appeared, and desired I might have a 
trial. A bond of one hundred pounds was then read, but no 
man appearing to accuse me, or lay any thing to my charge, 
I desired I might be discharged or cleared. Answer was 
made that that should be done which would secure me : that 
I shall come to no damage; upon which, Mr. Mason desired 
the secretary to enter, that Joseph Dow appeared at Sessions 
according to his bond. The Secretary took his pen and did 
write something. When he had done I desired, if it concerned 
me, that I might hear it read. The Secretary refused to read 
it. Then I informed Mr. Mason that I thought I ought to 
hear it read, upon which Mr. Mason desired him to read what 
was entered, but it was not done. Mr. Mason told me I should 
not need trouble myself any more about it; if it were not done 
he would see it should be done. I might take his word for it. 
Nevertheless, being a little unsatisfied, 1 informed Capt. Bare- 
foot, then deputy governor, how it was, who answered me 
near the very same as Mr. 3Iason had done before : all which 
I hope he will well remember. The sum of what I desire you 
would be pleased to take into your consideration is, First: 
whether I could be obliged, by a bond which I did not hear 
read nor ever owned, nor was desired so to do. Secondly : 
When I did appear, according to the tenor of said bond, 
whether I should not then have been condemned or cleared, 
according to the Province law, page the fifth; "equal justice 
shall be done to all men," &c. Thirdly : Whether the bond 



1683.] CRANFIELD'S ADMINISTRATION. 467 

ought to have been continued without my consent or knowl- 
edge. Lastly : The bond being declared forfeit, if it be so, the 
consequences that may happen thereupon, which may be the 
utter ruin of me, my wife and children, it being a matter of 
such concernment to me and my family. I hope I shall not 
be accounted an offender for making my grievances known to 
you. If Almighty God will hear the cry of the poor and 
aflSicted, I hope you will not think much to condescend to do 
the same, that I shall leave the case to that of God in your 
consciences, which saith, Do unto all men as you would be done 
unto; and shall subscribe myself one who wisheth well to all 
men. 

Joseph Dow. 
The 20th of the 6th month, 1683. 



New- Hampshire. 
To James Sherlock, gent.. Provost Marshal, or his Deputy : 

In his Majesty's name 3'ou are hereby required to attach the 
goods, or, for want thereof, the body of Elias Stileman, of 
Great Island, in the said Province, Esq., and take bond of him 
of five hundred pound value, with sufficient surety or sui'eties 
for his appearance at the Court of pleas, to be held at Great 
Island aforesaid, on the first Tuesday in November next ensu- 
ing the date hereof, then and there to answer to the complaint 
of his iNIajcsty's attorney-general in an action of trespass, for 
illegally keeping his Majesty out of possession of certain 
houses and land in the Great Island aforesaid, commonly called 
the Fort Point : To his Majesty's damage five hundred pound, 
or what shall justly appear. Fail not, and make your return 
according to law. 

Dated the 13th of October, 1683. 

II. Chamberlain, Prothon. 



New-Hampshire. 
To James Sherlock, gent.. Provost Marshal, or his Deputy: 

In his Majesty's name you are hereby required to attach the 
goods, or, for want thereof, the body of Eichard Waldron, of 



468 PROVINCE PAPERS. [1683. 

Cocheclio, in the precints of Dover, in the said Province, Esq., 
and take bond of him of three thousand pound value, with 
sufficient surety or sureties for his appearance at the Court of 
pleas, to be held at Great Island, in the said Province, on the 
first Tuesday in November next ensuing the date hereof; 
then and there to answer to the complaint of Robert Mason, 
Esq., proprietor of the said Province, in an action of trespass 
for illegally keeping him out of possession of certain lands and 
tenements in Cochecho, Dover, and other places in the said 
Province, and felling his woods, to his damage, three thousand 
pound, or what shall justly appear. Fail not, and make your 
return according to law. 

Dated the 8th day of October, 1683. 

E. Chamberlain, Prothon. 

[Court Papers, Keg. office.] 



New-IIampsMre. 
[Prov. Rec, B. 1, p. 57.] 
By the Governor and Council. 

Whereas frequent complaints are made by the Merchants, 
inhabitants of Jamaica, Bai*badoes, and Leeward Islands, and 
other his Majesty's plantations, to which pine boards are 
exported from this said Province, of the unreasonable thinness 
and uneven and wavy edge of boards, which, unremedied, may 
prove of great detriment to the trade of the Provinces, and 
loss of that trade : It is, therefore, hereby ordered, that from 
henceforth no pine boards shall be accounted merchantable, or 
delivered in payment, that are not one full inch in thickness, 
and square edge. And if any boards go out otherwise, such 
allowance shall be made unto the buyer or receiver thereof as 
shall be adjudged reasonable by a sworn surveyor, or collector, 
to be appointed for that purpose. 

Dated the 4th of October, in the 35th year of the reign of 
our sovereign lord king Charles the Second, A. D. 1688. 

K. Chamberlain, Clerk Council. 



1683.] CRAXFIELD'S ADMINISTRATION. 469 

New-Hampshire. 
[Prov. Rec, B. 1, p. 55.] 

At the Court of Pleas, held at Great Island, September 25, 
1683 : 

Whereas, by a statute made in the sixth year of the reign 
of Edward tbe First, King of England, it is enacted, that the 
tenant shall have no i)ower to make any waste or estrcpcment 
of the land in demand hanging the plea; and whereas there is a 
plea or suit depending before his Majesty between Walter 
Barefoot, Esq., and Robert Wadley, for certain lands, tene- 
ments, and hereditaments, at Exeter, in this Province, the 
Court therefore, in pursuance of that equitable law, doth hereby 
prohibit all and every person and persons to cut, fell, or carry 
away from any the said lands, any timber or logs, to be sawed 
into boards, or any boards or pipe-staves, or any other sort of 
timber, except firewood for the said Wadley's dwelling, until 
his Majesty shall have given his own final determination in the 
case, now depending upon appeal before his Majesty in council, 
whereof all persons are hei-eby required to take notice, and 
give obedience thereto, as they will answer the contrary. 
By order of court ; 

R. Chamberlain, Prothon. 

To, James Sherlock, gent., Prov, Marshal, or his Deputy, to 
see this injunction served. 



[Prov. Ptpc, B. 1, p. 38.] 
Tills indenture, made the twelfth day of April in the five and 
thirtieth year of the reign of our sovereign lord Charles the 
Second, by the grace of God king of England, Scotland, France 
and Ireland, Defender of the Faith, &c., A. D. 1683 : Between 
Robert Tufton Mason, Esq., proprietor of the Province of New- 
Hampshire, in New-England, of one part, and George Brough- 
ton, of Berwick, in the Province of Maine, gentleman ; Rich- 
ai'd Otis, of Cochecho, within the present reputed precincts of 
Dover, in the said Province of New-Hampshire, blacksmith ; 
and James Chadborn, of Berwick aforesaid, carpenter, of the 
other part — Witncsseth, that whereas the said Robert Tufton 
Mason, by virtue of a grant from king James, of famous mem- 



470 PROVINCE PAPERS. [1G83. 

ory, in the eighteenth year of his reign, is instated in fee of all 
those lands, islands and rivers, lying between the rivers of 
Naumkege and Piscataqua, called New-Hampshire, and of all 
rights, loyalties and pre-eminences within the same : Now 
this Indenture further witnesseth, that the said Eobert Tufton 
Mason, for divers good reasons and considerations, him thereto 
especially moving, hath granted, bargained, sold, enfeoffed and 
confirmed, and hereby doth grant, bargain, sell, enfeoff and 
confirm to the said George Broughton, Eichard Otis and James 
Chadborn, their heirs and assigns, all that tract of land lying 
and being at the Salmon Falls, within the precinct of Dover, 
so reputed, on the west side thereof, to begin below the said 
falls and adjoining to Edward Taylor's land, and to run in 
length up the river three hundred and sixty pole, to the north- 
west, and in breadth one hundred and twelve pole, containing 
by estimation two hundred and fifty -six acres, excepting out 
of the premises a convenient path or highway for common use, 
if it shall be found needful ; also excepting and reserving out 
of this present grant to the said Eobert Tufton Mason, his 
heirs and assigns, all mines and minerals that shall be found 
or be within the premises hereafter; and all pine trees fitting 
for masts of ships, of four and thirty inches through, to be 
measured ten foot from the ground ; to have and to hold the 
said tract of land (except before excepted), to the said George 
Broughton, Eichard Otis and James Chadborn, their heirs 
and assigns, to the only use and behoof of them, their heirs 
and assigns forever; yielding and paying therefor yearly and 
every year forever to the said Eobert Tufton Mason, his heirs 
and assigns, the annual rent of ten shillings of lawful money, 
current in New-England, and one shilling for every dwelling 
house (more than four), that is or shall be built upon the 
premises, on the feast of St, John Baptist, and the nativity of 
our Lord God, by equal portions, without any abatement or 
defalcation whatsoever ; the first payment to be made on the 
said feast of St. John Baptist, or the nativity of our Lord God, 
which shall first happen after the determination of the interest 
or mill grant, granted the said Robert Tufton Mason to the 
said Broughton, Otis and Chadborn, by indentui-e bearing 
even date herewith ; and if it shall happen the said annual rent 



1C83.] CRANFIELD'S ADMINISTRATION. 471 

of ten sliillings and ono shilling, or any part thereof, to be 
behind and unpaid by the space of twent}'' days next after 
either day of payment aforesaid being lawfully demanded, that 
the said George Broughton, Richard Otis and James Chadborn, 
their heirs and assigns, shall r(n'feit and pay to the said liobert 
Tufton Mason, his heirs and assigns, double the money so be- 
hind and unpaid. And the said JRobcrt Tufton Mason, for 
himself, his heirs and assigns, doth hereby covenant with the 
said George Broughton, Richard Otis and James Chadborn, 
their heirs and assigns, that he, the said Robert Tufton Mason, 
his heirs and assigns, the hereby granted premises to the said 
George Broughton, Richard Otis and James Chadborn, their 
heirs and assigns, against all persons shall and will warrant 
and forever hereby defend. And the said George Broughton, 
Richard Otis and James Chadborn, for themselves and either 
of them, their and either of their heirs and assigns, do hereby 
covenant with the said Robert Tufton Mason, his heirs and 
assigns, that they, the said George Broughton, Richard Otis 
and James Chadborn, their heirs and assigns, shall and will 
from time to time preserve and keep the buttals and boundals 
of and upon any the hereby granted premises; and at the end 
of every ten years deliver to the said Robert Tufton Mason, 
his heirs and assigns, a terrer* fairly ingrossed, of the said 
premises, with the most known buttals and boundals of the 
same. 

In witness whereof the parties have hereto interchangeably 
set their hands and seals, the day and year first above written. 

Robert Tufton Mason. 

[Proprietor's Seal.'] 
Endorsed thus: 

Sealed and delivered in presence of Walter Barefoot, Rich'd 
Chamberlain. 

Veracopia: Teste: Richard Chamberlain, Protbon. 

October 2, 1G83. 

* "Terrar, a register of lands." — Web. 



472 PROVINCE PAPERS. [1683. 

New- Hampshire. 
[Prov. Rec, B. 1, p. 59.] 
Bj the Governor and Council. 

Ordered, That the respective constables within this Province 
do forthwith paj^ to the treasurer thereof all such monies as 
they have collected upon the Province four penny rate, and to 
forbear to collect any other rate till the said Province rate be 
fully levied. Also, it is hereby 

Ordered, That they give in their accounts of all monies by 
them collected, as well for the Province as other rates. 
Dated the 22d of October, 1688. 

R. Chamberlain, Clerk of Council. 



New- Hampshire. 
[Prov. Rqc, B. 1, p. 60.] 
To George Jaffrey, Constable of Portsmouth : 

Whereas William Vaughan, Esq., was lately committed to 
prison for refusing to give security of five hundred pounds, 
for the peace and good behavior ; and the prison-keeper hath 
erroneously, and contrary to law, taken bond in his own name 
concerning the premises, whereas it should have been to his 
Majesty, his heirs and lawful successors, and so consequently 
suffered the said William Yaughan to escape; these are there- 
fore, in his Majesty's name, to charge and i-equire you, the said 
George Jaffrey, constable, forthwith to take and apprehend 
the body of the said William Yaughan, and carry him to the 
prison of Great Island, and the said prison keeper, viz., 
Eichard Abbott, is hereby i-equired to receive him, and detain 
in his custody (in prison), till he shall find such security, of 
five hundi'ed pounds (as above said), to his Majesty's use, for 
keeping the peace and for good behavior, according to law 
and the tenor of the former warrant in that behalf 

Given under my hand and seal, the 23d day of October, 1683. 

Edward Cranfield. [l. s.] 

This is a true copy of the original warrant, served on the 
body of William Yaughan, Esq. 

Per George Jaffrey, Constable. 



1683.] CRANFIELD'S ADMINISTRATION. 473 

Tlii?) following order, under the seal of the Province, was 
published in the four towns, and at Great Island, at Henry 
Crown's door. [No date.] 

By the Governor. 

W3 Whereas great inconvenience and damage have arisen to 
g masters, commanders, and owners of ships and vessels, 
w arriving in this said Province, by reason of the seamen 
5 absenting themselves and going away from the said ships 
o and vessels, and the service therein, contrar}^ to law and 
£^ their own agreements, — These are, therefore, in his Majes- 
ty's name, to require all and singular the mates and other 
seamen, that are or shall be within this said Province, not to 
presume to go from their respective ships and vessels without 
leave first obtained fi-om their respective commanders, unless 
they shall have and show a pass, or certificate, under my 
hand and seal, licensing them thereunto, under penalty of 
paying all the damages thereby sustained by their respective 
commanders, owners, or merchants employing them ; or im- 
prisonment until they shall pay and satisfy the same; and no 
sloopman shall presume to transport such mates or other 
seamen, not showing such pass or certificate as aforesaid, and 
all justices of peace and constables, within the said Province, 
are hereby likewise required to make stay of such mates and 
other seamen, going away as aforesaid. Given under my 

band and seal the -- 

And it is hereby likewise ordered, that no private house pre- 
sume to harbor any such mates or seamen, under the severest 
penalty of the law. 



New-Hampshire. 
By the Governor. 
h3 These are in his Majesty's name, to require and command 
w you and every one of you, the inhabitants of the south 
w half of the Isle of Shoals, forthwith to yield obedience to 
5 his Majesty's government establi.shed here in the Province 
o abovesaid, by virtue of his royal commi.ssion, bearing date 
^ the 29th day of May, 1682; and that all who are of 



474 PROVINCE PAPERS. [1683. 

years qualified for it repair to the house of Nathaniel Frj^er, 
Esq., Deputy Governor, to take the oath of allegiance to be 
true to our sovereign lord the king, his heirs and lawful suc- 
cessors. And hereof fail not, as you will answer the contrary 
upon pain of his Majesty's high displeasure. [No date.] 



[Prov. Rec, B. 1, p. 79.] 
To the ffon'ble Robert Mason, Esq., Chancellor, and Walter Bare- 
foot and John Hincks, Assistants of the Court of Chancery. 
The humble petition of Richard Martyn humbl}' sheweth — 

That whereas your petitioner was, by John Cutt, Esq., Pres- 
ident, and Richard Waldron, William Vaughan, Thomas Daniel, 
Elias Stileman, Samuel Dalton, John Oilman, Job Clements 
and Christopher Hussey, Esqs., members of the Council, who 
were the former Government of this Province of New-Hamp- 
shire, chosen and appointed treasurer of said Province ; which 
said President and Council did order and command your said 
petitioner to receive all rates and fines which were levied and 
impressed, or to be levied and impressed by the said Govern- 
ment, upon the inhabitants of said Province, and to dispose of 
them for the support of said government : In obedience to 
whose commands your petitioner did receive said rates and 
fines, and dispose of them according to the order of said Pres- 
ident and Council, and have rendered them an account of the 
same to their satisfaction and approbation. But since the 
change of government in this Province, the Honorable Edward 
Cranfield, Esq., the present Governor, and Robert Mason, Esq., 
have each of them commenced an action against the peti- 
tioner, at the Court of pleas, held at Great Island, the first 
Wednesday in Februarj^ last past, for the said fines so received 
and disposed of by your petitioner, and have recovered judg- 
ment against him for near eighty pounds, which sum, if it be 
levied upon your petitioner, will ruin both him and his family. 
And your petitioner, finding no other way of relief, but by 
applying himself to a Court of chancery, — 

Your petitioner doth therefore humbly request that your 
Honor would grant him relief in this case, and put him into 



1683.] CRANFIELD'S ADMINISTRATION. 475 

a capacity to recover the said sum of money, of the persons 
above iiiinied, or of the Heirs, Exccu'" or Adminis'" of those of 
them which are deceased, that your petitioner may be capable 
of said judgment against him, that so tlie burden thereof may 
not hiy upon liimself; and your petitioner sliall ever pray, &c. 

ElCIIARD 3IARTYN. 



Proposal of the Prop'^ of New- Hampshire.* 
[Prov. Eec, B. 1, p. G2.] 
Whereas Eobert Mason, Esq., hath obtained judgments 
against several persons inhabitants of h'^ Province, for lands 
and tenements therein ; and forasmuch as some of the said 
persons seem dissatisfied with the said judgments, the said 
Eobert Mason did openly in court declare that with every per- 
son with whom he had a tryal, he would waive the benefit of 
the judgment obtained against them, suspend execution and 
wait? a new tryal with each person in any of his Maj' courts 
in Westm' Hall, either in Easter or Trinity Terms next ensu- 
ing, provided the defend' doth give in security to this Court to 
pay such damages as shall be awarded to him the said Mason 
by any of his Maj' courts aforesaid. And he doth allow one 
month from this day, being the 15th October? 1G83, for giving 
in such security. 



Hew- Hampshire. 
[Prov. Eec, B. 1, p. 65.] 
At a Council held at Great Island, Januaiy 15, 1683 : 

Present, the Governor, Robert Mason, Esq., Proprietor; 
Walter Barefoot, E. Chamberlain, Nath : Frier, Eobert Elliot, 
John ilinks, Esqs. 

Whereas the General Assembly refused to pass an}' bill for 
supporting the charge of the government, and his Majesty 
hath, by his royal commission, bearing date the 9th of May, 
1682, given power to the Governor and Council to continue 

* This heading is crossed, and the article lias no signature. Ed. 



476 PROVINCE PAPERS. [1683. 

such taxes and impositions as have been and are now levied 
and imposed upon the inhabitants — In pursuance thereof, 
Ordered by the Governor and Council, that a committee of the 
Council do forthwith inspect former accounts, what monies 
have been formerly levied and collected for the purposes afore- 
said, and to make their report thereof to the Governor in 
Council, to the end such monies as shall be found necessary 
may be forthwith raised and committed to the hands of the 
constables of the respective towns, and paid to the Treasurer 
of the Province for the time being. Dat. y* 15th of January, 
1683-4. 

R. Chamberlain, CI. Coun. 



New- Ha ynpsh ire. 

[Prov. Rec, B. 1, p. 85.] 
By the Governor. 

Whereas Robert Mason, Esq., hath made complaint unto me 
that very few of the inhabitants have come to him to take 
Deeds of their lands in this Province from him, according to 
the conditions laid down in his Majesty's royal commission of 
the 9th of May, 1682, notwithstanding he hath been upon the 
place for almost five months' time, ready to grant the same 
upon the terms aforesaid : But now in regard several persons 
may still expect the same benefit, after the prosecution of his 
claim, he hath desired me to signify to all persons concerned 
that they have one month's time, after the date hereof, to 
make an agreement with himself (if they think fit) ; other- 
wise I am desired to certify to his Majesty such their refusal, 
that the said Mason may be discharged from such obligation. 

Given under my hand, and the seal of the Province, the 17th 
of February, 1G83-1. 

Edw. Cranfield. 

Vera copia from the orginial ; 

Teste: Rich. Chamberlain, Secretary. 



1683.] CRANFIELD'S ADMINISTRATION. 477 

NEW-HAMPSHIRE, IN NEW-ENGLAND. 

To Joseph Rayn, gent., Sheriff and Provost Marshal, or his Dep- 
uty, and to the Keeper of his Majesty's Prison, in Great 
Island. 

Whereas complaint upon oath hath been made before us, 
Robert Mason and Walter Barefoot, Esqs., his Majesty's justi- 
ces of the peace for the said Province, this 18th of February, 
1683, by Thomas Thurton, hvtc deputy searcher of his Majes- 
ty's customs in the said Province, of his being affronted and 
beaten by William Vaughan, Esq., of Portsmouth, in the 
execution of his said office, whereby he, the said William 
Vaughan, hath incurred the penalty mentioned in the statute 
of 14th king Charles the Second, our now sovereign lord : 
These are, therefore, in his IMajesty's name, to require you to 
take the body of the said William Vaughan and carry him to 
the prison of Great Island ; and you, the said prison-keeper, 
are hereby required to receive the said Will. Vaughan into 
the said prison, and keep him till the next Quarter Sessions of 
the peace, to be held for this said Province, then to be prose- 
cuted as the law directs. And for so doing this shall be your 
sufficient warrant. Given under our hands and seals, this 
18th day of February, 1683, and in the 36th year of the reign 
of our sovereign lord king Charles the Second. 



NEW-HAMPSHIRE. 

To James Sherlock, gent., Sheriff, and Provost Marshal of the said 

Province, or his Deputy. 

[Prov. Rec, B. 1, p. 69.] 

In his Majesty's name you are hereby required to take and 

apprehend the body of William Vaughan, of Portsmouth, Esq., 

and carry him to the prison at Great Island, and Eichard 

Abbot, the prison -keeper thereof, is hereb}^ required to receive 

the said Vaughan into the said prison, and there keep him in 

Bafe custody till he shall give good security to our sovereign 

lord the king, his heirs and successors, for his (the said 



478 PROVINCE PAPERS. [1683. 

Vauglian's) good behavior toward the same, our sovereign 
lord the king, he having refused to find security for his said good 
behavior. 

The sixth day of February, 1683. Given under my hand 
and seal, the said sixth day of February, 1683-4. 

Edward Cranfield. [l. s.] 



NEW-HAMPSHIRE IN NEW-ENGLAND. 

The Deposition of Thomas Thurton, aged about thirty-five years, 
taken before us, Robert Mason and Walter Barefoot, Esqrs., 
Justices of Peace in the said Province, the eighteenth day of 
February, 1683, and in the SQth year of the reign of our sovereign 
lord king Charles the Second. 

This deponent, Thomas Thurton, makes oath that Edward 
Eandolph, Esq., by his Majesty's royal commission under the 
great seal, bearing date the 15th day of October, in the 33d 
year of his Majesty's reign, -was constituted and appointed 
collector, surveyor and searcher of his Majesty's customs in 
New-England, to be executed by him, the said Edward Ean- 
dolph, or his sufficient deputy or deputies, by virtue whereof 
the said Edward Randolph, by writing under his hand and 
seal, dated in Boston, in New-England, the 25th day of Jan- 
uary, 1681, did constitute and appoint this deponent deputy- 
searcher of his Majesty's customs in the Provinces of New- 
Hampshire, Maine, and the Isle of Shoals, with power to go 
on board and search all ships and vessels coming into any 
river or harbor in the said Provinces; and to seize, to his 
Majesty's use, such as should be found trading contrary to 
law. In pursuance whereof this deponent, about the beginning 
of March, 1681, did go on board and search a ketch, in the 
river of Piscataqua, which came from Virginia, and there lay 
at the wharf of William Yaughan, of Portsmouth, Esq., then 
one of the Council of the said Province of New-Hampshire ; 
and this deponent being come ashore upon the wharf of the 
said William Vaughan, he, the said William Yaughan, came to 
him and forced his (this deponent's) staff from him, and thei*e- 
with struck him ten blows upon the shoulder and arm, whereby 
this deponent was much bruised, and doth suffer pain thereby 



1683.] CRANFIELD'S ADMINISTRATION. 479 

to this hour. And this deponent being got into the highway, 

the said Vaughau gave him one blow there, saying tlieso 

words, viz., You are now in the king's liigliway, you may be 

like a rogue as you are ; and that Mr. Randolph was as bad as 

any; and had Randolph been thci-c, he would have given him 

much. The said Vaughan called the seamen rogues, for not 

ducking this deponent at the yard arm, or flinging him over 

board into the river, and that, had the said Vaughan been 

there, he would have thrown this deponent overboard himself. 

mi +1 I r f Thomas Thurton. 

Taken upon oath, before us : ■< ,, ,, 

^ ' ( Robert Mason. 

[ Court Papers, lleg. office. ] 



The deposition of Francis Mercer, of Portsmouth, aged about forty- 
six years, taken before Walter Barefoot, Esq., Justice of Peace 
for Portsmouth aforesaid, the Wth March, 1G83-4. 
This deponent testifieth and saith, that on Thursday last, in 
the afternoon, there came to his house Edmund Hammond and 
John Hole, to seek for John Pickering, of Portsmouth afore- 
said, according to an appointment, who was there with Sam- 
uel Hall, of Exeter. They went away, and the said Hall 
desired this deponent to watch which way they went, because 
he had an execution against one Samuel Kene, of Kittery, 
which he would serve upon him; and tiiis deponent told him 
they were gone up to the Bank. Then the said Edmund Ham- 
mond, John Hole, and the said Nathan Kene, came to this 
deponent's house in the evening, and there met the said John 
Pickering about making an agreement between the said Hall 
and Kene; and thereupon they, being in the kitchen, the said 
Hall said to Daniel Mathews (who was also in the kitchen), 
" Marshall, there is the man ; do your office," and the said 
Mathews took him, the said Nathan Kene, as prisoner in 
execution. Then the said Pickering, Kene and Hall went into 
another room, viz., the bed chamber, to see if they could agree ; 
and the said Mathews went in to them several times, and asked 
them if they were agreed, as he told this deponent. Then they, 
not agreeing, the said Pickering went into the kitchen where 
Anthony Nutter was ; and the said Mathews and Hall being 



480 PROVINCE PAPERS. [1683. 

together with the said Hole, in the hall at the table there, the 
said Mathews had the pinsoner, Nath'l Kene, with him, and 
charged the said Ilall to assist him. About an hour after, the 
said John Pickering being in the kitchen, asked where the said 
Kene was, and this deponent told him he was in the hall, and 
the marshal's prisoner, who would not let him go. Then the 
said John Pickering arose up and went thither into the hall, and 
this deponent presently after, hearing a rushing and rustling 
noise therein, went in, desiring the said Anthony Nutter to go 
in with him, who went part of the way, and went back again 
into the kitchen; and this deponent found two persons strug- 
gling upon the ground in the dark part of the room, and took 
up the uppermost, to part them, Avhom this deponent found 
afterwards by the light at the table to be the said John Pick- 
ering, and the said Daniel Mathews coming towards the table, 
and seeing the blood run down his face, struck the said Pick- 
ering one blow with his hand on the side of his head ; the said 
Samuel Hall and Nathan Kene sitting, and the said John Hole 
standing at the table. And further this deponent saith not. 

Francis Mercer, his X mark. 
Svvorn the day and year above written, before me : 

Walter Barefoot. 
[Court Papers, Reg. office.] 



Order of the Governor and Council respecting the Currency in 
New-Hampshire — 1 683 . 

NEW-HAMPSHIRE IN NEW-ENGLAND. 
[Prov. Rec, B. 1, p. 56.] 
By the Governor and Council : 

Whereas, there was an Act passed in this Province, in Jan- 
uary last, in hopes of bringing plenty of money into this Prov- 
ince, that pieces of eight ryals of Spain, or dollars of Seville, 
Mexico, and pillar, and all lesser pieces (provided they be 
good silver), shall pass in payment at six shillings eight pence 
by the ounce, Troy weight: — which said act, it is found by 
experience, doth not answer the ends it was intended for : It 
is, therefore, hereby ordered that the piece of eight rj'als of 
Spain, or dollars of Seville, Mexico, or pillar, shall pass at six 



1684.] CRANFIELD'S ADMINISTRATION. 481 

shillings the dollar; at three shillings the half dollar; at one 
shilling six pence the quarter dollar; at nine pence the ryal ; 
and all other money or bullion of the fineness of the standard 
of England, at seven shillings the ounce, Troy weight; and 
the dollar of Peru at five shillings : and so proportionably for 
lesser coins : All Avhich moneys shall continue to pass current 
within this said Province till our sovereign lord the king, his 
heirs or successors, shall think fit to alter and change the 
same. 

Dated the fourth of October, in the thirty-fifth year of the 
reign of our sovereign lord Charles the Second, king of Eng- 
land, &c., A. D. 1GS3. 

Vera copia from the Council book. 
Teste: R. Chamberlain, Clerk of Council. 



NEW-HAMPSHIRE IN NEW-ENGLAND. 

Robert Masoji's Deposition — 1684. 
[Coll. N. H. Hist. Soc, vol. 1, p. 205.] 
I, Robert Mason, Esq., proprietor of the province of New- 
Hampshire, and of his Majesty's Council there, do make oath 
that I did first propose to the Governor and Council the put- 
ting a value upon Spanish money, as it is worth in his Majesty's 
mint in the town of London; and to that end I drew up* a 
paper that Spanish dollars of Seville and Mexico should pass 
at six shillings the piece, Massachusetts money, which is four 
shillings six pence English money; or at seven shillings the 
ounce, Troy weight; which is five shillings three pence, Eng- 
lish money. To which the Council agreed, and afterwards it 
was approved by the honorable EdwaVd Cranfield, Esq., Gov- 
ernor of the said Province into an order of Council. 

Robert Mason. 
Taken upon oath, the 28th of October, 1684, before me: 

R. Chamberlain, Justice Peace. 
Vera copia from the original. 
Teste : E. Chamberlain, Justice Peace. 

SI 



482 PROVINCE PAPERS. [1684. 

Eobert Mason, Esq., Proprietor of the Province of New- 
Hampshire, makoth oath, That the writing hereunto annexed* 
is a true copy of the Declaracon which he caused to be set up 
at the usuall places in the several Towns of the s^ Province. 
And that Major Richard Waldron did say to this deponent, 
That no such papers should be set up to amuse the People, 
and did show unto this Deponent one of the afore'^ Declara- 
cons, or some part thereof, that he had pulled down. 

Egbert Mason. 

Taken upon oath the 17th day of October, 1684, before me : 

R. Chamberlain, Justice Peace. 



REV. JOSHUA MOODEY. 
[Prov. Rec, B. 1, pp. 71-72.] 
To Walter Barefoot, Esq., Judge of y^ Court of Pleas now sitting 
at Great Island in y« Province of New-Hampshire; and to 
Nathaniel Frier and Henry Green, Esqs., Assistants. 
Whereas it is enacted by the statute made in the first year 
of the late Queen Elizabeth, that if any manner of Parson, 
vicar, or other whatsoever Minister that ought or should sing 
or say Common Prayer mentioned in the s** Book, or minister 
the sacraments from & after the Feast of the Nativity of St. 
John Baptist (then) next coming, refuse to use the s^ common 
Prayer, or to minister the Sacraments in such Cathedral or 
Parish church, or other places as he should use to administer, 
in such order and form as they be mentioned and set forth in 
the 8^ Book, or shall willfully, or obstinately, standing in the 
same, use any other Rite, ceremony, order, form or manner of 
celebrating y* Lord's supper, openly or privily, or mattens, 
Evensong, Administration of the Sacraments, or other open 
Prayers then is mentioned and set forth in y* s** Book, &c. 
And shall be thereof lawfully convicted according to the Laws 
of this Realm by verdict of twelve men, or by his own confes- 
sion, or by y* notorious evidence of the fact; shall lose or for- 
feit to y* Queen's Highness, her heirs & successors for his first 
offence, the profit of all his spiritual benefices or promotions 
coming or arising in one whole year next after his conviction ; 

* The writing referred to can not now be found. Ed. 



1684.] CRANFIELD's ADMINISTRATION. 483 

And also y' tho person so convicted shall for y" same offence, 
suffer imprisonment for y*^ space of six months without bail or 
main-prize. 

And whereas by a statute - - 

That all ct singular ministers in any Cathedral or Parish 
Church or other place within the realm of England, Wales & 
y' Marches of y* same or other the Queen's Dominions, shall 
from & after the Feast of the Nativity of St. Jo: Baptist then 
next coming, be bounden to say and use y" mattens, evensong, 
celebration of y* Lord's supper & Administration of each of y* 
sacraments and all the common & open Prayer in such order 
& form as is mentioned in y' said Book so authorized by Parlia- 
ment, in y* said 5) 6) year of y'' Reign of K. Edward y' 6th, 
with one alteration or addition [of] certain lessons to be used 
on every Sunday in y*' year & y* form of y* Letany altered & 
converted, & 2 sentences only added in the delivery of y® 
sacraments to y' communicants; and none other or otherwise. 

That the said Joshua Moody being the present Minister of 
the Town of Portsmouth in the Province of New-Hampshire 
in New-Eno-land and within the dominions of our . . - - 
lord Charles of England, by the duty of his place, is by Laws 
and Statutes of the said Eealm of England, required & com- 
manded to administer the sacrament of the Lord's Supper in 
such manner and form as is set forth in the Book of Common 
Prayer and administration of sacraments and other rites and 
ceremonies in the church of England, and shall use no other 
manner or form than is mentioned and set forth in the said 
Book. 

Whereas the said Joshua M